Mr. DOOLITTLE. I understood several gentlemen to say that that was all the Senate could judge of. There have been a great many things said that I do not remember, but I am quite sure I have heard that more than once.
Mr. FESSENDEN. Nothing of that sort has been said on this side of the Chamber.
Mr. HOWE. If my colleague isin doubtas to who saidit, I do notundertake to say whether it has been said; but I am willing to say it now, and stand responsible for it.
Mr. DOOLITTLE. I understand that my colleague says that, substantially and I understand that the Senfrom Illinois, not now in his sea:i [Mr. Taounuu.,] has said againand again, another Senators have said, that all the Senate can do isto judge of the elections, qualifications and returns of members of this body.
Mr. FESSENDEN. Look the Senator if he is not under a mistake about that.
Mr. DOOLITTLE. I do not say that the Senator has said that, but that other Senators have said so.
Mr. FESSENDEN. what gentlemen on this side have said has been this: that so far as those questions were concerned, they were exclusively in the hands of the Senate; but I am not aware that anybody on this side has held that there was nothing else the Senate could judge of exec it those.
Mr. DOOLITlL ". I understand that they claim that we as a Senate cannotjudge beyond that, and therefore they say, that you must have a law of the 2 Houses. I understand that to be precisely the point in the case. It was 3 because the Senate were powerless to go beyond what are denominated the elections, returns, and qualifications of the member that the Son ator lrom Illinois argued, asI understood him, that it was necessary to have the joint action of both Houses by a JtResolution or an act of Congress. Now, suppose we were confined just to those words of the Constitution of the U.S., what do they menu? We are tojudge of the “elections” of Senators. Who elect Senators? Legislatures. Can anybody else electthem but Legislatures? N 0. Therefore we are empowered by the Constitution to judge whether there are any Legislatures. Judging of the electionof senators of necessity involves the question whethertherois a Legislature toelectt loin. If there is no Legislature to elect the Senator, no election of a Senator can take place. The Senate is made the judge whether there is an election or not, and therefore the Senate is to judge whether there is a Legislature for that purpose or not. It ate the whole question of judgment into our and s. Cannot we judge whether there was a pestilence prevailing in a State so that the people could not get together and elect a Legislature? Cannot we judge whethera foreign invasion ever overrun aState, capturing the people and holding them in such a way that it was utterly impossible for that people to elect a Legislature I Cannot we judge whether a civilWar is pendin in a State by which the people are rendered powerless to elect a Legislature? All these things come under the question of judging of the elections of members of this body, and the existence of Legislatures is involved in the question. There seems to have been a persistent determination almost on the part of some not to understand the point which I have made from the begin niu.
Mr. President, when gentlemen suppose that on our part there is any disposition to let down the did it or the power of this body, or the centre of this body over its membership, they make a very great mishe. I insist now, as my friendfrom Maine uows I have insisted all the time everywhere, publicly and in private consultation with our triends, that the senate is by the Constitution made an independent Dept of the Government, so far as this quesoos concerned; and Irepudiate the idea that we must ask the permission of the House, or the permission of the President, or the permission of the Supreme Court when we puss upon the question whether a man shall enter is Chamber as a member or not. I do not understand Mr. Lincoln in the proclamation which he issued to take any other ground. In the very proclamation in which Mr. Lincoln 1st announced this reconstruction policy, a reconstruction policy which he announced upon consultation With, and by the advice of, every member of his Cabinet, including Chief Justice Chase, he stated distinctly that it in no way interfered with the powerof Congress, each House for itself, to judge of the elections, qualiiications, and returns of its members. for has the existing POTUS in any way questioned thatpower. Ho concedes it over and over again in every message and in every speech that he has made, each House to judge for itself, independent of the cr.
Mr. HOWE. I wish my colleague would enlighten me upon one point. Suppose the gale Legislature elects 2 Senators, each of horn has the age, citizenship, and residence prescribed by the Constitution; do I understand him to say that we can reject one of them and accept the other?
Mr. DOOLITTLE. I say that this body has absolute power over its membershi, and from its decisions there is no appeal. Hf they do cide right or if they decide wrong, you are without remedy, there is no appeal. If 2 gentlemen were to come here from UpperCan ada and claim that they had a right to seats in this body, if we admitted them the House could not help themselvesv nor the President 1 that independent of all of them. dther, nor the Supreme Court. Weare just It is athing for us to decide. Have we no confidence in ourselves, no confidence in our own judgment? Cannotwe take care of our own membership T Must we ask the consent of the Honse?
Mr. FESSENDEN. Can we admit 3 Senators from a State?
Mr. FESSENDEN. Why not, if we can admit 2 members from Canada?
Mr. DOOLITTLE. I do not an that we could rightfully do that;. it would lie revolutionary to do it; but if we did it, whateould the House do about it? What I said was, that if we did. it, neither the House nor the President could do anything about it.
Mr. JOHNSON. If the Senatorwill permit me to interrupt him, perhaps he has gone further than he intends. he authority to judge of the qualifitations, elections, and returns of amember applies to those who may be elected by the States.
Mr. DOOLITTLE. I understand that. Take the case of Colorado. the question is whether Colorado is in or out of the nion. Some say that she is not. Perhaps somebody might get up an argument. that sheis. Suppose that we should admit the 2 gentlemen now here from Colorado, and place t cir names upon our roll and tell the Clerk to call them, what could the House do about it? What could the President do about it? I say it is a question which we control, and a question 11 on which our opinions and decisions are abso etc, and from which there is no apeal. Therefore I reject the proposition oft O Senfrom Kentucky that the President can judge and put members into this body just as I reject this proposition that we have no right to admit Senators from tennessee until the House shall choose to do it.
Mr. FESSENDEN. That is not the proposition.
Mr. DOOLITTLE. That is the substance of it.
Mr. FESSENDEN. No, sir; it is not the substance ofit.
Mr. DOOLITTLE. I understand it in effect to declare that
Mr. DAVIS. I ain not satisfied that the hem orable Senator should misunderstand me. have made no such statement as he intimates. I have not said, nor intimated. that the President has any right whatever over the member ship of the Senate or the HoRep I do not believe any such thing. What I said was simply this: that if the 2 Houses were to divide themselves into 4 bodies and were to get to contendin which was the true. House and which was totrue Senate, the President would have the right to ascertain which was the true House and which was the true Senate.
Mr. DOOLITTLE. If such a thing should happen, which God in His mercy I hope will always prevent, that the Senate should be divided and one portion should go into one room and another into another, one claiming to be the Senate. I suppose the HoRep could direct its Clerk to go to one body and not go to the other, and I do not know but the POTUS would have the power, in case of such a division, to send his Private Secretary with messages to one body and not send them to the other. Perhaps that might occur, but it is one of those cases that are not to be an osed or to be tolerated,
Mr. DOOLITTLE. It is revolutionary, and it is not to be supposed for one moment that an such thing could occur in this body.
Mr. GRIMILS. Revolutionary on whoseside?
Mr. DOOLITTLE. On the side of the Senate to divide in that way.
Mr. GRIMES. I understand the Senfrom Kentucky to take the position that if the 22 Senators from the excluded rebel States shall come here and unite with 6 or 8 or 10 gentlemen on the other side, and constitute a majority, then it would be proper for the POTUS to recognize them as the U.S. Do I understand the Senfrom Wisconsin to concur in that view?
Mr. DOOLITTLE. The Senator has been out of the Chamber, Lconclude. He has not heard my speech, for I have been very distinct and very emphatic in repudiating that doctrine on that side, just as I repudiate the doctrine on this side that we cannot admit a member here until the House consents.
Mr. conNESS. No such doctrine has been stated.
Mr. DOOLITTLE. That is the substance of the doctrine. I repudiate them both. I have simply said this, Mr. President. in order that it may be understood that itthe 2 Houses should happen to disagree on the question of whether a given State is or is not entitled tobe admitted, shall not regard this resolution as binding me in the slightest degree whatever so as to prevent my action upon the admison of any member of this body, and I do not believe that it has or ought to have any binding force whatever upon the Senate on that subject.
Mr. SAULSBURY. Will my friendfrom Massachusetts, as I have yielded my right to the floor, allow me to make one remark, which will not take a minute I h
Mr. MCDOUGALL. I will[Laausgkhtmeny] friendfrom Massachusetts to yield me the floor for a few moments.
Mr. MCDOUGALL. I do not rise in my place now to enter into any lengthy diSenssion, for I would not trespass on the time of the Senfrom Massachusetts who has been kind enough to afford me an opportunity of saying a few words. I choose not to engage in a General discussion of the questions that have been debated hereL but to say a few words only as to the pending question. I have not been able yet to comprehend in the mind of a fair minded and just man who speaks the truth, or who de sires to speak it, the possibility of his under taking to overcome the Constitution of the U.S. by a resolution of the 2 Houses. That is the proposition ending, to overcome the plain letter of the constitution of the U.S. by a resolution of the 2 Houses. There is a crime known to criminal law as obtaining property by false pretenses; and it is said, I believe, in that law, that if you pretend as to an after fact, it is not a technical alse pretense. If the swearing is as to a past fact, then the person charged, on the charges beingproven, may be condemned and punished. It has struck me that it may be a grave question now, whether falsely swearing as to what one has done is perjury, while falsely swearing as to what one will do, is not. It has been the rnctice of our Government ever since it was instituted to swear all the State officers to support the constitution of the State and the Constitution of the U.S., and I suppose every gentleman on this floor has taken that oath many times. Falsely swearing as to what you will do, perhaps may not be technical perjury; but permit me to say that when gentlemen undertake to violate the Constitution which they have sworn to support, and dare to say that because what they propose to do is right they dare to violate their oaths, it is one of the technical ways of avoidin just conclusions, which has been condemned y all just men and will be condemned above.
Mr. WILSON. Mr. President, if Senators on the other side of the Chamber do not desire to occupy the time of the Senate further, I will do so for a few moments. If any of them desires the time, I will yield the floor to him now as I have during the day.
Mr. SAULSBURY. I believe that under the arrangement the Senfrom Massachusetts may occupy the floor now.
Mr. SHERMAN. I dislike to interrupt the Senfrom Massachusetts, but I should like to address the Senate about ten minutes on a matter personal to the Chief Justice, if he will allow me that time before the vote is taken.
Mr. WILSON. I will close in a few moments.
Mr. WADE. Mr. President. I rise merely to say that the reason why I did not speak of Chief Justice Chase yesterday is that was not present while the Senfrom Maryland was speaking, and did not know what he had said except so far as others reported it to me in regard to myself; and if I adbeen here and heard the whole of it, I had no knowledge of the meeting referred to that would have enabled me to explain the matter as my colleague has now done. Otherwise when I was on the floor defending myself I veertainly should have de fended him if I had known enough about the case to do so.
Mr. FESSENDEN. Mr. President, I propose to detain the Senate but a few minutes; and I regret very much that I feel called upon to do so. What I shall say will be confine to the resolution before the body, and to the acltion of the committee whose proceedings, after what has been said, may need some comment 50m me. I am very unwilling to detain the Senate even for a short time, because I know Senators listen to remarks from anybody. They are very much in the condition described in a line of the old ballad called John Gilpin, which was “ The dinner waits, and we are tired.” and I feel like adding, as John Gilpin did "And so am I." Nevertheless, as the matter is before us, and as after I have closed the Senate cannot be tormented by anybody else, according to the understanding, until after the vote is taken, I may as well say what I have to say on the subject. J Mr. President, there was a little misunder standing between the honorable Senfrom Wisconsin [Mr. DooulrLE] and myself as to what this resolution was. I disputed point blank an assertion he made as to the effect of the resolution. Now, in order that there may be no misunderstanding about iIt, ask, as I did in the beginning of my remarks the other day, that the resolution be read.
The Secretary read the resolution, as follows: Be it reuolnni by the HoRep ( the Senate concurring.) That in order to close agitation upon a puestion which seems likely to disturb the action of the Government, well as to quiet the uncertainty which is agitatin the minds of the people of the elcven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congressfrom any of said Statesuntil conrcss shall have declared such States entitled to such representation.
Mr. FESSENDEN. The date of it is July 2, 1864. Mind you, it was not enough that the insurrection should be quelled, it was not enough that the peeple should have returned to their allegiance, it was not enough that everything should be pacified; but an act of Congress was to be passed to authorize their return, and the President himself was to issue his proclamation under that act. Who voted for it?
Mr. HENDERSON. That eased the senate, but did not pass the other House.
Mr. BROWN. It passed the Senate and went to the HoRep and a committee of conference reported back another bill.
Mr. FESSENDEN and who voted for this? Let me read the list: “ YEAH Messrs.Brown. Carlilc. Cowoju.Davis.Doolittle. Grimes. Henderson. Hendricks. ohnson.Ln.no SoafIunldsibnunray. TMrucmDobuurlrl, alL Powell. Richardson. Riddle and Van Winkle 17."
Mr. FESSENDEN. I will read the vote on the other side: "Nays Messrs. Chandlcr. Clark. Connesa.Halo. Harlan. Lane of Kansas. Morgan, Merrill. Pomeroy. Ramsey. Sherman.Snraguo, Sumner, Wpde.Wilkin son, and Wilson 16."
Mr. SHERMAN. The Senator will find that that was not the final vote. That was the vote on adopting that proposition as a substitute for the reconstruction hi 1 of the House, but afterward a vote was taken upon the passa of that bill as amended, and fiessrs. Powe l, Souls bu, and Davis, voted in the negative.
Mr. FESSENDEN. That vote was upon the passage of the bill, which was amended so as to e substantially the revision I have just read.
Mr. MCDOUGALL. I desire simply to say that if my name was thus entered upon the record, the record is somewhat untrue.
Mr. FESSENDEN. Now, let me come to the vote on the passage of that bill after it was amended to read exactly in these words. The vote I before read was on the amendment. Now, I will read the vote on the passage of the bill as thus amended: “YEAS. “NAYs 3”
Mr. FESSENDEN. Now, can mortal man tell me the difference between that action of the Senate, which is not stronger so fur as the question of constitutionality is concerned, and lliis resolution, which is a more legislative declaration 7 That was a proposed law.
Mr. DIXON. Will the Senator allow me to ask him a question for information merely?
Mr. DIXON. I wish to know whether if that proposition had become the lnw of the land and was no"! on the statute book it would have any binding lll". eor olfect to prevent the senate from ndmitlin a member from any State?
Mr. FESSENDEN. I will let the Senator decide that for himself. I am speakin now about who voted and how they voted. hat is another thing entirely.
Mr. DIXON. That is as to the question of constitutionality.
Mr. FESSENDEN No, I am not troubled with the question oonstitutionality. I am tryin to remove the doubts of the Senators frren and his trouble about constitutionality. I believe that my honorable. friendfrom Maryland said that when this action was had by the There “ Saulsbury” is Senate, the insurrection had not been uclled. He voted for this proposition; but if e will examine it he will find that not only was the insurrection to be quelled and the people to be in a state of peace and quietness, but ere was to be a law passed by congress and the president was to issue his reclamation based upon that future law, before representntivesand senators could be admitted from these States.
Mr. DIXON. I understand the Senator to decline to answer my question.
Mr. FESSENDEN. I do decline to answer it, and you have no right to ask me to answer it unless I choose to do so. It has nothing to do with what I am talking about. A.geutleman may ask an impertiuent question if he chooses, but I am not obliged to answer it.
Mr. VANWINKLE. I should like to explain, so far as I am concerned, why I think I might with great propriety have voted for that reposition at that time and vote in an entirely lferent way now. I believed that measure was offered in good faith and was so intended. It is since that time that I have learned that negro suffrage is to be made the condition of the admission of these States.
Mr. FESSENDEN. The Senator, then, has learned something that I have not learned.
Mr. VANWINKLE. I have learned it from the pendin resolution in his body proposing to amend e Constitution. I have earned it fr another resolutiontproposing an amendment to the Constitution which has been under consideration in the other House, and has there been laid over until April. I have learned it also, I think, from declarations made on this floor that these States ought not to be admitted for 5 years, or for a generation, until the matter of suffrage was settled to suit them. That declaration has come from gentlemen U the majority here, gentlemen of the radical branch and as I am unnlterably opposed to forcing suffrage of that kind on the Statesl vote against this resolution.
Mr. FESSENDEN. One would thinkthet my honorable friendfrom WestVirginia was clear headed enough to distinguish one thingfrom another, one bill from another, and that he had pluck enough to vote against what he did not ikc, and was not compelled to vote against what might be a good thing because he may be afraid that somebody else is ng to vote for something he did not like. Anator, I think, might arrive at that high eminence.
Mr. VANwINKLlt. The gentlernan will permit me to say a word. We have been writing her qfor some time to hear a report from the committee over which he presides. That report is delayed, and instead of our being informed of what is the condition of these States, we have put upon us nmendmentto the Constitutional amendment, and these to me are all objection able. I think that this isjust part and parcel of the other movements of this committee: and although Lhuve clearness of head enough to know that it is not precisely the same as a constitutional amendment, yet I think I know that it proceeds from the same source and is likely to be enforced in the same manner, and l have no confidence, especially niler the votes we have had in the other end of the Capitol, that there is any disposition to take up even for consideration the cases of those States for an unlimited time to come.
Mr. VANWINKLE. If the Senfrom Maine is addressing me particularly, Iwill say thatI have never questioned the right of the committee to report the resolutions referred to.
Mr. FESSENDEN. I thought the Senator in the remarks he made a few moments ago spoke of the fact that the committee had reported an amendment to the Constitution of the U.S., as proving that they meant to kec these States out.
Mr. VANWINKLE. I spoke of that as the purpose of the amendments.
M. FESSENDEN. We reported just what was sent to us to be considered.
Mr. VANWINKLE. In other words, we have the action before we have the report. I should like to see the report, so as to know whether it sustains the action.
Mr. JOHNSON. I rise merely for the purpose of askin the Senfrom Maine i he supposes that imputed any delay to the committee. I did not.
Mr. FESSENDEN. I have not heard anything of that kind from the Senfrom Mary an.
Mr. JOHNSON. I am a member of the committee, and so iiir as I have been before the committee I have seen no such disposition.
Mr. FESSENDEN. I heard it from different quarters. I heard it most distinctly from the honorable Senfrom WestVirginia this aflernoon, and I have heard it from other Gentlemen that we were not acting in good faith.
The President protempore. The question is on the amendment proposed by the Senfrom Indiana [Mr. HENDRICKS to insert the words “the inhabitants of" after the word “States, ” in the 4th line of the resolution.
Mr. SAULSBURY. I move to amend that amendment by inserting the words “a portion of whose” be ore the word “inhabitants, ” so as to read, “a portion of whose inhabitants have been declared to be in insurrection.” The amendment to the amendment was rejected.
The President protempore. The question recurs 0n the amendment of the Senfrom Indiana.
Mr. HENDRICKS called for the yeas and na 8, and they were ordered. he Secretary proceeded to call the roll. Mr. JOHNSO, (when his name was called.) I vote “yea, ” because the proclamations all state that the inhabitants and pot the States were in insurrection. Mr. COWAN, (who had at 1st voted in the negative.) I change my vote to “yea.” At. the time I voted before, I was not aware of what the language of the old act was, whether it was fthe States which have been declared to be in insurrection, ” or the inhabitants of the States. I understand now that the language is “the inhabitants who have been in insurrection.” I therefore vote “yea.” The result of the vote was announced yous 17, nays 29; So the amendment was rejected.
Mr. SAULSBURY. I move to amend the resolution by striking out. in the 1st line the words “ by the HoRep, the Senate concurring, ” and inserting in lieu of these words “the Senate and HoRep in Congress assembled;” so as to make it read, “Resolved by the Senate and HoRep in Congress assembled.” On this amendmentI have only one remark to submit. In section 7 of the 1st article of the Constitution, there is this clause: “Every order, resolution, or vote to which the concurrenceof the Senate and HoRep may be necessary, (excepton a question of adjournment) shall be presented to the POTUS: and beforethe sameshall take effect, shall beap proved by him, or being disup proved by him shall go repassed by 2/3rds of the Senate and HoRep, accordin to the rules and limitations prescribedin the case of a bill." This is not a question relating to an adjournment. I hold that the subject matter of the resolution is the subject matter of a bill by congress, or of a JtResolution by Congress, whic, according to this provision of the constitution, it is absolutely necessary shall he presented to the POTUS or his signature. If there be any conflict between the Congress of the U.S and the POTUS in reference to any proper subject matter of either a bill or a jtresolution then that subject matter ought to be presented to, the POTUS for his approval. Holding the matter embodied in this resolution, which is called a coucurrent resolution, but which, despite of its name, is in fact and in substance aJtResolution, I propose this amendment, and with the distinct understanding that it should go to the POTUS for his approval or proval. disulp I ask for the yeas&nays on t. e amendment. The yeas&nays were ordered.
Mr. MCDOUGALL. Mr. President, as a favor from the Senfrom Massachusetts. I occupied the floor about one minute a short time since. I did not then say all I would de sire to say upon the pending question. If it be possible for an ascendent majority to carry through such a proposition it is revolutionary and strikes at the foundation of this Republic as established by its framers. I would not make this remark but that I find the Senfrom Maine has gone beyond the 6 oclock of the evening which was fixed for the vote, and therefore we are not absolutely limited as to time.
Mr. SHERMAN. It was part of the agreement that he should have the privilege of doing so.
Mr. SAULSBURY. I ask leave to with draw the call for the yeas&nays on the amendment which I have submitted, because I know of course that it will be voted down, and I have got my opinion in regard to it on record. I do not propose, therefore, to take up the time of the Senate. I ask permission to with draw the call for the yeas&nays, and I am even willing to withdraw the amendment.
The President protemporc. The Senfrom Delaware asks common consent of the Senate to withdraw his amendment. It can only be done by general consent, the yeas&nays having been ordered. No objection being made, the proposed amendment is with rawn. The nestion is on the resolution.
Mr. TRUM ULL. I desire before the vote is taken to interpose a motion that when the Senate adjourns today it be to meet on Monday next.
The President protempore. The motion can be entertained only by unanimous consent, anotherquestion being before the body.
Mr. FESSENDEN. I object to it until a vote has been taken on the resolution.
Skip Skip The President protempore. The question is on the passage of the resolution. Mr. BROW caled for the yeas and nays, and they were ordered. The Secretary proceeded to call the roll. Mr. POLAND, (when Mr. Foors name was called.) I suppose it is well known here in the Senate that my colleague is prevented by sickness from being present to vote; but it may not be known to his constituents and the country, as he desires it to be, that if present he would vote for the resolution. Mr. CHANDLER, (when Mr. Howsans name was called.) My colleague who obtained leave of absence this morning, desired me to say that if present he would vote for this resolution. The result of the vote was announced yeas 29, nays 18; ABSENT 3. So the resolution was concurred in.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, the ChiefClerk, announced that the House had passed the bill (S.No.93) to quiet the title to certain lands within the cortporate limits of the city of SanFranciseo; an the bill (S.No.142) for the relief of the heirs of James Bawdin. The message also announced that the House had passed abill (H.R.No. 346) for the relief of ugh Leddy; in which it requested the concurrence of the Senate. ADJOURNMENT proMONDAY.
Mr. GRIMESz I move that when the Senate adourns today it be to meet on Monday next. he motion was agreed to. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their Titles, and referred as indicated below: A bill (H.R.No. 86) making additional appropriations, and to supply deliciencies in the appropriations for sun ry civil expenses of the Government for the fiscal year ending the 30th of June, 1866, and for other purposes to the ComFinance. A bill (H.R.No. 345) for the reliefofChris tina Elder to the ComClaims. A bill (H.R.No. 347) for the relief of R. L. B. Clarke to the ComClaims. A bill (H.R.No. 346) for the relief of Hugh Leddy to the ComClaims.
Mr. BROWN. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, March 2, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovsron. The Journal of yesterday was read and approved.
The SPEAKER. The 1st business in or der is the call of committees for reports of a private nature, commencing with the ComRds&canals. CHAPLAINB IN THE NAVY.
The SPEAKER laid before the House a communication from the SecyNavy in response to a resolution of February 27, 1866, transmitting the names of the present chaplains of the Navy, with the date of their appointment and the State from which they were uppointed; which was laid on the tabfe, and Dr ered to be printed. PRINTING and PAPERFOR TREASURY.
The SPEAKER also laid before the House a communication from the SecyTreasury relative to the cost of paper, printing, and advertising of that Dept for the year 1865; which was referred to the ComPrintg, and ordered to be printed. CONTESTED ELECTION, MISSOURI.
The SPEAKER also laid before the House evidence in the contested election case of Bol vs. Kelso, 4th congressional district of the State of Missouri; which was referred to the ComElections, and ordered to be printed. PACIFIC RAILROAD and TELEGRAPH.
Mr. HIGBY, by unanimous consent, presented the JtResolution of the Legislature of the State of California concernin an act to aid in the construction of an over and railroad and tele aph; which was laid upon the table, and ordtraredto be printed. increase OF THE REGULAR ARMY.
Mr. SCHENCK, by unanimous consent, presented the Jtresolution of the General assembly of the State of Ohio relative to an increase of the regular Army, and recommending the appointment of competent volunteer officers to fil positions therein; which was referred to the ComMilAffrs, and ordered to be printed. TRAVEL.
Mr. EGGLESTON, by unanimous consent, introduced a bill further to provide for the safety of the lives of passengers on board of vessels ropelled in whole or in part by steam, to regulate the salary of steamboat inspectors, and or other purposes; which was read a 1st and 2nd time, referred to the ComCommerce, and ordered to be printed. WILLIAM A. WEST.
Mr. COFFROTH, by unanimous consent, introduced a bill for the reliefof William A. West, late marshal of the Territory of Nebraska; which was read a 1st and 2nd time, and referred to the ComTerritor. BOUNTIES to SOLDIERS.
Mr. PERHAM, by unanimous consent, submitted the following resolution; which was read, considered, aui agreed to: Resolved.That the ComMilAffrs be instructed to in uiro into the pro ricty o providing by law that soldiers who enlistei in 186land 1862 and servedmore than one year, and weredischarged in consequenceof disease contracted in the service shall receive the Goycrnment bounty to which they would have beenentitled had they served 2 years. EXPENDITURES OF AGRICULTURAL BUREAU.
Mr. MOULTON. I ask unanimous consent to submit the followrng resolution for imme diate action: Rglolced. that the report of the Commissioner of the Agricultural Bureau. made to this House in answer to a resolutionof inquiry. be roferred to the ComAg, with powerto sand for persons and papers in relation to sin report.should said committee deemit necessary.
Mr. SPALDING. I object. NIAGARA surr csnsn.
Mr. VANHORN, of NewYork, from the ComRds&canals, reported a bill to construct a ship canal around the falls of Niagara; which was read a 1st and 2nd time, ordered to be printed, and recommitted to that committee2 MEMORIAL! PROM ALABAMA and GEORGIA. Mr. BOUTWELL. I have 2 petitions here: one from loyal white citizens of Ala bama, the other from loyal black citizens of Georgia, 558 in number. The petitions are quite brief, and I ask consent of the House to have them read. No objection was made.
The Clerk read the following petition: We. the undersigned colored citizens of the State of geor in, respectfully represent that weare loyal always an been loyal and W1"remain loyal; an in order to make our loyalty most eflect ve in the service of the Government we humbly petition to be allowed to exercise the right of suffrage. The memorial was referred, under the rule, to the point ComReconstruction.
Mr. OUTWELL. The other memorial is one from the citizens of Alabama, fsetting forth their rievance s.” The Cler commenced the reading of the petition, as follows: To his Excellency AndrewJohnson POTUS, and Senator: and IfQTCJtIlGlIUCI m Uoiigren: the subscribers.who have always been uncompro mising Union citizens of northern Alabama
Mr. NIBLACK. Mr. Speaker, how does that papercome before the House?
The SPEAKER. The Gentfrom Massachusetts [Mr. Bourwsu] asked consent of the House to have the petition read. The Chair stated audibly to the House the request of the gentleman, and there was no objection made.
Mr. NIBLACK. If that is a memorial of white men I do not object to its reading. If it is from colored men I do object.
Mr. SCHENCK, from the ComMilAffrs, presented, in reply to a resolution of the House, a report relative to the employment of a clerk by that committee. The report, which was read, states that in the judgment of the committee a clerk is necessary for the transaction of their business; that the time occupied by their clerk in the necessary and legitimate business of the committee cannot be distinctly stated, varying as it does with the pressure of business; butit is, as the committee believe, much more than the average time de voted to clerical labor in any of the Executive Depts of the Government. s to what portion of the time of the clerk is occupied in attending to the private business of the members of the committee, the committee state that the deem that a matter of comity between gent emen, affecting only the personal relations of the clerk and themselves, and which, if not in any way interfering with the properdischarge of his public duties, ought not, the committee respect ully submit, to be made a question for legislative action, nor even a subject for impertinent inquiry. The committee further state that, having their attention thus directed to the efficient and vul uable services rendered by their clerk they avail themselves of the occasion to of the r the following resolution: Resolved, That the Clerk of the House pay, out of the contingent fund, to the clerk of the ComMilAffrssuch additional sum asWill make his annual compensation equalto that of the clerk of the Commntoo of Claims.
The SPEAKER. Is there objection to the introduction of the resolution and its consideration at the present time? There was no objection.
Mr. SCHENCK. Mr. Speaker, I wish simplyto state that the present compensation of the clerk of the ComMilAffrs is 6 dollars perdiem, which, allowingan aver age of 7 months for the long session and 3 months for the short session, gives him $1, 800 for the 2 years, or $900 perannum. This clerk is, as stated in the report, constantly engaged, and, as we believe, does more labor, regarding the time employed, than the clerks in the Executive Depts; yet he receives a smaller compensation than the lowest class of those clerks. It is true that this clerk has at his command the vacation between the sessions; but being called away during a great part of the year from my pursuit or business in which he may be engaged at home, his time is, virtually, all given to the public service. 1 f I call the previous question upon the resolu ion.
Mr. WASHBHRNE, of Illinois. Itrust that the gentleman will withdraw that call for a moment. I desire to inquire of him what is the present comeusation of this clerk?
Mr. SCHENK. As I have already stated, it is 6 dollars perday during the session of Congress, amounting to about 1800 dollars for 2 years.
Mr. WASHBURNE, of Illinois. I was not aware that there had been any distinction asto an on account of" y between the clerk of the ComMilAffrs and other committee clerks. The other clerks receive but 4 dollars perJim. I think that compensation rather small, and I should be willing, perhaps, to vote for increasing the pay by giving an additional dollar perda. But I certainly cannot consent to make teclerkship of the ComMilAffrs lfairs a permanent office at the rate of $1, 800 peryear.
Mr. SCHENCK. This resolution will not create a permanent office. It merely proposes that the clerk of the ComMilAffrs shall be placed on anequal footin, as to compensation, with the clot of the 0m mittoe of Claims.
Mr. WASHBURNE, of Illinois. That will make a permanent clerkship, and I hope my friend will not insist on it.
Mr. WASHBURNE, of Illinois. I ask the gentleman to put in a proviso. I have read the report, which is a good one, and I shall adopt it as the report of the ComCommerce, and wish it to be so taken. [Laughter
Mr. SCENCK. The gentleman will have Ml) trike care of his own committee and his own color.
Mr. CONKLING. How many clerks are there in the House whose pay is only e cal to that of the clerk of the ComMilAffrs?
Mr. SCHENCK. That is more than I can answer.
Mr. SCHENCK. The ComMilAffrs have come to the conclusion the pay of the clerk might justly be increased from $900, knowing what his services are and that they are deserving of such increase.
Mr. CONKLI G. I wish to sayfor one, I shall vote against this proposition, seeing, as I do clearly, it is the entering wedge by which the pay of every clerk is to be lifted u. If this clerk be made permanent the resultwill be to make ever other clerk permanent.
Mr. SPALDI G. I believe I was opposed to the passage of the original resolution which called or the report of my colleague over the way. But, sir, on listening to what hasheen read, it seems to me some passages are hardly respectful to this House, and I would not like to have the chairmen of other committees to adopt it as a.standard work. If I am right in that construction, I do not think the House should be charged with impertinence for the passage of a resolution ofinquiry in respect to the intimacy between the committees and their respective clerks in their labors. I wish my friend would modify his resolution so far as respects that, and say perhaps it was not competent for the mover of the resolution to say the chairmen of committees had not the right to employ a part of the time of their clerks. For, so far as the House is concerned, it was not impertinent to inquire into the value of the labor of these clerks and how itwas employed.
Mr. HALE. I suggest the resolution be referred to the ComRules with instructions to inquire and report in reerenee to the adjustment and equalization of the pay of the clerks of the different committees.
Mr. SCHENCK. I only heard my colleague indistinctly. So far as the resolution is concerned, I will make a motion which will relieve him and the House in regard to any question of propriety in passing or acting on it now. of: so for as the report is concerned, I will say nothing was further from the intention of the chairman of the ComMilAffrs than to charge the House with impertinence. The committee report the general preposition that they deem investigation into the personal relation between the clerk and members of the committee not a propersubject for legislative action, or even or pertinent inquiry, leaving it for those who put the cap on to wear it. If any person makes a perti nent inquiry, of course he falls within the opinion of a committee; not otherwise. I will now withdraw my demand for the previous question, and move the resolution and report be laid upon the table, and ordered to be printed; which will accommodatethe object we have in view. The motion was agreed to. AMENDMENT OF THE CONSTITUTION.
Mr. BAKER. I ask unanimous consent to submit the following:JtResolution proposing an amendment to the Constitution of the U.S. Resolved by the Senate and HoRep of the U.S.A. in congress assembled, (2/3rds of both Housesconcurring.) That the following article heproposed to the Legislatures of the HOVefltl Statesas an amendmentto the Constitution of the U.S., namely: No person who has voluntarily grartieipated in the civil. military or naval service of the late socalled confederate States of America or who has volunta rily adhered to the saiilso eallod confederate States of America by giving them aid and comfort, shall over be eligible to the office of President or VEEP or to the allies of Senator or Representative in the Congress of the U.S or to the office of judge. clerk, or rerter of any court of the U.S or to the o cc of attorney.marshal or deputy marshalof“ judicial district of the U.S or to the o of AttyGen of the U.S or to the elliceof secrota or headofbureau of any xccutive Dept oft O U.S., or to the offire of them assailoror other public minister or consul of the U.S or to any military or naval office in theregular Army or iu the Navy of the U.S.: and the Congress shall have power to make all laws, and each llouso thereof all rules, which may be necessary and proper to carry this article into offoet.
Mr. CHANLER. 1 object. LIVBBMOBES IMPROVED CHUTE.
Mr. GRIDER, by unanimous consent, submitted the followxng resolution; which was read. considered, and agreed to: Resolved. That the ComCommerce be respectfully requestedto take into consideration the trial and adoption of Liverrnores improved chute to improve the navwntion of rivers, and, if expedient, to give some meansto test it. CHRISTINA ELDER
Mr. DARLING. I ask to report from the ComInvalidPens a bill for the relief of Christina Elder. The old lady to whom the pension was due died before receiving the certificate, and the bill only proposes to transfer the arrears to the daughter, who so orted her. ere was no objection, and the bill was read a 1st and 2nd time.
Mr. TAYLOR. I would suggest to my colleague that the ComInvalidPens have a bill ready to report that will cover the case he presents. There is no real necessity for action on this particular me.
Mr. DARLIN. This is a case of extreme hardship. The party was entitled to a pension 4 years a o. This old lady has been living in a state of estitution and suffering, awaiting the action of the Government, and the daughter in her filial affection has been supportin her mother and now the daughter comes an asks Congress to give her this money which she has been advancing out of her private means. The ComrPensions has refused to pay the money because the certificate was not issued until 25 days after the death of the lady. I knew the son who died in the service of the country. He was lieutenant colonel of the 10th regiment of NewYork volunteers. He enlisted in in district, and proved a meritorious officer. e went to the war leaving his mother to be supported}? the proceeds of his own wages. I hope the case will pass the bill.
Mr. TAYLOR. I do not object to the bill, but I do not see that the gentleman is going to facilitate the matter a particle. A bill on the subject is ready to be reported.
The Clerk read the bill. tprovides for the payment of the pension, due to Jessie Elder mother of Colonel Alexander B. Elder.of the 10th NewYork volunteers, to Christina Elder, under the provisions of the act of July 14, 1862.
Mr. BENJAMIN. How does this bill come in?
The SPEAKER. It isreported from the ComInvalid Pelisions by unanimous consent of the House by the Gentfrom NewYork.
The SPEAKER. The Gentfrom NewYork [Mr. VANAnnssn] reported it at the suggestion of his colleague, [Mr. Deanna]
Mr. PERHAM. If my colleague on the committee has reported it I have no objection.
Skip Skip The bill was orderengross for a 3rd reading; and being engrossed it was read the 3rd time, and passed. Mr. DARLING. mtRtv the bill was passed; on the table. agreed to. ALEXANDER rnonrsos.
Mr. BANKS, by unanimous consent, from the ComFornAffrs, to whom was referred the petition and papers of Alexander Thompson, late consul of the U.S. at Maren am, in Brazil, submitted a report, accompanied by a JtResolution for the relief of the same. The report and JtResolution were read. The jornt resolution providesfor the payment of the salary of the petitioner the same as if he had been a citizen of the U.S.
Mr. WASHBURNE, of Illinois. How does this come in?
The SPEAKER. The next business in order is the calling of the committees for reports of a private nature, commencing with the ComRds&canals.
Mr. McKEE. On the 22d day of January there was a JtResolution reported from the ComClaims, according to instruction, referring back the aers in the case of Francis A. Gibbons and Kelley to the ComClaims. I now ask that that JtResolution be taken up and passed simply as a House resolution, as that w accomplish the same pnr ose.
Skip Skip the resolution as modified (H.R.No. 86 was accordingly orderengross; an being engrossed, was read the 3rd time, and passed. Mr. McKEE. mtRtv the resolution was passed; on the table. Agreed to. THOMAS rosrsn. Mr. SLOAN, from the ComClaims, reported adversely on the case of Thomas Fos ter; which was laid on the table, and ordered to be printed. RESOLUTIONS OF WESTVIRGINIA. On motion of:
Mr. SLOAN, the ComClaims was discharged from the furthercon sideration of the resolutions of the Legislature of West Yirginia asking aid from Congress to repair bridges, the destroyed by the Union armies as a means of safety during the rebellion; and the some were laid upon the table. DILLABD nszumrou.
Mr. SLOAN, frpm the Committee of claims made an adverse report on the petition of Dillard Hazlerigg; which was laid upon the table, and ordered to be printed. Alumna: MORRISON.
Mr. SLOAN, from the same committee, made an adverse report on the petition of Ambrose Morrison; which was laid on the table, and or dered to be printed. JOSEPH BALLOU.
Mr. SLOAN also, from the same committee, made an adverse report on the petition of Jo seph Ballou; which was laid upon the table, and ordered to be printed. CLAIMS AGAINST THE GOVERNMENT.
Mr. SLOAN, from the same committee, resgrted back, with the recommendation that it not pass; blll of the House No. 94, to provide for ascertaining and adjusting claims against the Governmentfor injury or destruction of property by the armies of the U.S or by the military authorities during the late rebellion; and the same was laid upon the table. W. P. JONES.
Mr. SLOAN also, from the same committee, made an adverse report on the petition of W. P. Jones, of Nashvrlle, Tennessee; which was laid upon the table, and ordered to be printed. MRS. A. H. THOMPSON.
Mr. BARKER, from the ComClaims, made an adverse report on the petition of Mrs. A. H. Thompson; which was laid upon the table, and ordered to be printed. D. E. HAYNES.
Mr. BARKER, from the same committee, made an adverse report on the petition of D. E. Haynes, late captain of Louisiana scouts; which was laid upon the table, and ordered to be printed. JSAMUEL M. MULLINS.
Mr. BARKER also, from the same committee, made an adverse report on the ctitinn of Samuel M. Mullins; which was lai upon the table, and ordered to be printed. ANNA M. ROBLAB Y BOBLLDO.
Mr. BARKER also, from the same committee, made an adverse report on the petition of Anna M. Robles y Robaldo; which was laid upon the table, and ordered to be printed. A. C. MASON.
Mr. BARKER also, from the some committee, made an adverse report on the petition of A. C. Mason; which was laid upon the table, and ordered to be printed. CREW OF THE SHIP NIGHTINGALE.
Mr. WASHBURN, of Massachusetts, from the ComClaims, made an adverse report on the petition of the crew of the ship lightingale for wages; which was laid upon the table, and ordered to be printed. CHARLES H. UPTON.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report on the ctition of Charles H. U ton, U.S. consul at Geneva, Switzer and; which was laid on the table, and ordered to be printed. srlumu, STAUFFER and COMPANY.
Mr. WASHBURN, of Massachusetts, also, from the same committee, made an adverse reporton the petition of Starkc, Staulier & Co.; which was laid upon the table, and ordered to be printed." HUGH LEDDY.
Mr. WASHBURN, of Massachusetts, from the same committee, reported a bill for the relief of Hugh Leddy; which was read a 1st and 2nd time. The bill directs the SecyT Treasury to pay to Hugh Leddy the sum of $682 40 in full for liquors wrongfully seized by order of the provost marshal on the 2d of September, 186., an appropriated to the use of the government through the medical Dept.
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; upon the table. The latter.motion was agreed to. THE CHEROKEE NATION.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report on the memorial of the delegates of the Chero kee nation asking relief; which was laid upon the table, and ordered to be printed.
Skip Skip MESSAGE Hum THE SENATE. A message from the Senate, by Mr. Fonsnv, its Secretary, informed the House that the senate had passed joint rosohrtion of the Hour No. 76, authorizing the SecyWar to transfer to the “National Home for Soldiers and Sailors Orphans, in Washington city " certain stores not needed for the use of ta Government. a an. cram.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported a bill for the relief of R. L. B. Clarke; which was read a 1st and 2nd time. The bill directs the Treasurer of the U.S. to payto R.L.B. Clarke the sum of $1,500 in full for the time and expense in curred by him in contesting the seat of Angus 0 tus Hall, from the 1st congressional district of Iowa, in the Thllty FOUIL Congress.
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. WASHBURN, of Massachusetts, mtRtv the bill was passed; upon the table. Agreed to. nouns H. FLOURNOY.
Mr. WASHBHRN, of Massachusetts, from the same committee, made an adverse report upon the petition of Thomas H. Flournoy; which was aid upon the table, and ordered to be printed. N. C and H. J. WINSLOW
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report uion the petition of Nathan C. Winslow and czekiah J. Winslow; which was laid upon the table, and ordered to be printed. ULAM W. BARKER.
Mr. WASHBURN, of Massachusetts, from the same committee, made adverse reports upon 2 claims of Ulam W. Barker; which were laid on the table, and ordered to be printed. MRS. C. A. GROVE.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse rert upon the petition of Mrs. C. A. Grove; which was laid on the table, and ordered to be printed. WILLIAM H. GODDARD.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report 1.1on the petition of William H. Goddard; which was laid on the table, and ordered to be printed. SUPERVISORS of MONROE COUNTY, NEWYORK.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report upon the petition of the board of supervisors oFhIonroe county, NewYork; whichwas laid on the table, and ordered to be printed. MR8. JANE PARKER.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report upon the petition of Mrs. Jane Parker; which was laid on the table, and ordered to be printed. BENJAMIN GRATZ.
Mr. WASHBURN, of Massachusetts, from the same committee, made an adverse report upon the petition of Benjamin Gratz; which was laid on the table, and ordered to be printed. LOSSES BY REBEL RAIDS. Mr.WASHBURN, of Massachusetts. I hold in my hand some 40 petitions for damages arising from the raids made in July, 181, by rebels in the vicinity of Fort Stevens. By a resolution of the House it was declared inex pedient at this time to consider and pass upon this class of cases. I am directed by the committee of Claims, in accordance with that resolution, to report the same book, and ask that the committee be discharged from their further consideration. It Was ordered accordingly. MARIA L. SAUNDERS and SAMUEL MCORMICK.
Mr. THORNTON, from the ComClaims, asked leave to withdraw from the files the memorials and papfirs of Mrs. Maria L. Saunders and Samuel cCormick, copies of the same being left on file. Leave was granted accordingly. JOHN B. PRENTICE.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of John R. Prentice; which was laid on the table, and ordered to be printed. CALVERT GAITHER. O
Mr. THORNTON, from the same committee made an adverse report upon the petition of Calvert Gaither; which was laid on the table, and ordered to be printed. CAPTAIN G. H. BONEBREAK.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of Captain G. H. Bonebreak; which was laid on the table, and ordered to be printed. B. I". GAITHER.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of B. F. Gaither; which was laid on the table, and ordered to be printed. THOMAS WELLS.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of Thomas Wells; which was laid upon the table, and ordered to be printed. HENRY F. MAYER.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of Henry F. Mayor; which was laid on the table, and ordered to be printed. HENDERSON ADAMS.
Mr. THORNTON, from the same committee, made an adverse report upon the petition of Henderson Adams; wtheh was laid upon the table, and ordered to be printed. srncirio son ononsiui.
Mr. THORNTON. In the case of the petition of Dr. M. T. Garwood, oliering for $2,000 from each State to furnish an infallible cure for the cholera, the ComClaims have instructed me to report back the petition, and to state that the committee having had the same under consideration have come to no conclusion thereon, and to ask that the same may be read for the action of the House.
The Clerk read, as follows: To the honorableMember:of Congress: Gssrtsuss: Sirs. I hope you are all good Union men. true to the Constitution and laws of the U.S. Also. I hope a number of you has passed the living arch and become Arch Masons, like myself. the best institution that ever were adopted among man kind to hold a Government togcther and to put down rebellion and all the leaders also: for they have been a curse to the Government in some measure. But they had to knock under. Sqall transgressors should be punished for their evil doings. tell you, I am an old doctor beenlong in practice. In the jears 1832and 1833the cholera made its appearancein the U.S. Itmade greathave c among the cities and towns among the people the citizens. I accidentally madea compoundmedicine that cured every caset at tookof it. So in 1848and 1849, at Portsmouth. in Ohio. I used the same medi cine and it cured every casethattook of it. Yet. if the Congressmenof each State of the Union would make up the sum of82.00 Ofor eachstate of the union they can havea true recipe of the same to cure the cholera. It will cure the cholera morbus and cramp cholic uswell. I presumethe cholerawill make its appearancethe coming summer and will swoop of 1000s in the cities and towns, am willing to give nnotherrocipe to cure the dys entery in the worst form and the diabetes and to strengthen the back, kidneys.andotherorgsns. You can have the 2 recipes by sending Government bond}!or checksto the state Bank of Columbus, 0hio and its branches. If you think proper to embrace the opportunity of the 2 recipesbycomplying with the ampI demand of eachState. by so doing it will save millions oflives that would fall victims to these fatal complaints. dlLiioli over all my mistakes, as it was wrote by can e 12it. Yours. with respect. Dr. M. T. GARWOOD. So please write to me soon after you think proper. [The reading of the petition was frequently interrupted by laughter.]
Mr. THORNTON. I move that the petition be referred to a select committee of one, to consist of my friendfrom Illinois, [Mia Wimrwoarii.
Mr. ELDRIDGE. I rise to aquestion of order. I submit the question whether this petition does not, by virtue of the resolution of this House, go to the JtCommee of 15 on the subject of reconstruction.
Mr. BANKS. I object to any action upon this subject.
The SPEAKER. The Gentfrom Illinois [Mr. Tiioanrox] has made a motion to refer the petition to a select committee of one member. He had the right to make that motion.
Mr. BANKS. I believe the paperwas read only by unanimous consent.
The SPEAKER. It was reported from the ComClaims.
Mr. BALDWIN. I move that the petition be laid on the table. The motion was agreed to. CLAIMS FOR DAMAGES, ETC.
Mr. DELANO, from the ComClaims, reported adversely upon petitions and bills for relief and compensation of the followinnamed persons: Danie H. Bin am, of Alabama; D. L. Bur chett, of Kentuc y; Mrs. Eliza Bell, of Kentucky; Frank Bon, of Kentuck; Marcus L. Broadwell, of Kentucky; John race, of Kentucky; Charles Carpenter, of Kentucky; Lot Chamberlain, pay master of volunteers, of NewYork, for loss oppublic money; Harmon De an, of Arkansas; C. F. Delling, of Kentuck; games E. Dickey, of Kentuck; J. S. Frizze l, of Kentucky; Abelard Guthrie, of Nebraska, for mileage and perdiemF. T. Garrard; and others. of Kentuck; F. Gray, of Kentucky; J. E. Horseman, O Virginia; Aldrid e James, of VirginiaHenry Johnson, of Kentucky; Alexander indsey, of Kentucky; George Mack and 24 others, of Kansas, for loss of bounty as Arm officers; Mrs. Melinda Mur phy, of Kentuc John S. Magee of Kentuckv; William hf.llourse, ofKentuc 1);; Henry C. Noble, of Kentucky; Frederick obitzer, of Kentucky; Harvey Spaulding, of Kansas, for loss of sutlers supplies; Mrs. Mary Scott, of Kentuck; Mrs. usan Tomlinsonof Kentucky; C. (1. Tachan, of Kentuck; ohn W. Taylor, of Pennsylvania; Joseph. Ware, of Kentucky; Caleb alton, of Kentucky; Charles A. Webster, of Kentucky, and Isaac N. Webb. The several petitions and bills were laid on the table, and the report was ordered to be printed. BOUNTY TO SOLDIERS or 1861.
Mr. DELANO, from the ComClaims, reported back House bill No. 116, granting bounty and additional bounty to the soldiers, seamen, and marines of the war of 1861, or their heirs, and moved that it be referred to the ComMilAffrs. The motion was agreed to. CLAIMS AGAINST THE U.S.
Mr. DELANO, by unanimous consent, introduced a bill to provide for the payment of certain claims against the U.S.; which was read a 1st and 2nd time, and referred to the ComClaims. JAMES BAWDIN.
Mr. DRIGGS reported backSenate bill No. 142, for the relief of James Bawdin, and asked that it be put on its passage. The bill provides thaton paymentto the U.S. of $1 25 peracre therefor, the ComrGLO shall cause a patent to be issued to James Bawdin for that tract of land lying and beingat Eagle Harbor, on Lake Superior, situate upon the north part of section number 6, in township number 58 north of range number 30 west, in the Sault Ste. Marie land district, stateo Michigan, containing about 6 and 54hundredths acres of land, and being that part of the lands known as the lighthouse reservation at Eagle Harbor, which lies east of the dotted line marked “ S. 86o 45 E. 12.76 chains, ” as shown on the plat of “ Bawdins survey” of said res ervation in the office of said ComrGLO, except so much of said lands as may be required for the use of a road 4 rods wide, from the lighthouse across said 6 and 5400 ths acres to the waters of said harbor, as the same is now laid out and used for that purpose; provided that this act shall only be construed to be a relin ifiiliishment of the title of the U.S., and shall not interfere with the rights of 3rd persons.
Mr. DRIGGS. Mr. Speaker, the facts in this case are briefly these: in the year 1842 the Government of the U.S. made certain leases of land in the Lake Superior reion to encourage mining before surveys ha been made. Among others, was one to the NewYork and Boston Mining Company to enter certain lands in the vicinitymentioned in the bill; and that company gave a lease, and were to give a title, when it secured title. to James Bawdin to half an acre of land, upon which he erected warehouses, stores, &c. In the mean time the Government set a art a lighthouse reservation, including this half acre. There are no minerals upon the hind. It is only valuable because of the improvements of Bow din. The Lighthouse Board have stated it is not needed for lighthouse purposes, and the ComrGLO office is in favor of giving a title to Bawdin to this land. It has been passed by the Senate, and unanimously agreed to by the ComPubLands of this House.
Mr. WASHBURNE, of Illinois. Does it appear from the papers that the Lighthouse Board do not nee this land for lighthouse purposes?
Mr. DRIGGS. I have not the papers before me. They were before the committee of the Senate. It is only half an acre of land, and only valuable because of these iin provements.
Mr. WASHBURNE, of line is. Let the gentleman add a proviso, provided the land is not needed for lighthouse purposes.
Mr. DRIGGS. I assure the gentleman that that is the fact.
Mr. WASHBURNE, of Illinois. it is properit should be in the bill.
Mr. DRIGGS. It will carry it back to the Senate. I demand the previous question.
Skip Skip The previous question was 2nded, and the mainquestion ordered; and under the operation thereof the bill was ordered to a 3rd reading, and it was accordingly read the 3rd time, and passed. WITHDRAWAL OF PAPERS.
Mr. DELANO moved that leave be granted for the withdrawal from the files of the House of the papers in the cases of R. W. Dourman and Mary Scott on condition that copies be loll. The motion was agreed to. OPERATION OF STATE LAWS 0N LICENSES.
Mr. SMITH, by unanimous consent, introduced a bill to amend section 78 of an act to provide internalrevenue for the support of the Government, to ay the interest of the public debt, and for of the r purposes, approved June 30, 1864; which was read a 1st and 2nd time, and referred to the ComWays&Means. QUIETING TITLE TO LANDS IN CALIFORNIA.
Mr. McRUER, from the ComPubLands, reported back Senate bill No. 93, to quiet the title to certain lands within the corporate limits of the city of SanFranciseo. The bill provides that all the right and title of the U.S. to the land situated within the corporate limits of the city of SanFranciseo, in the State of California, confirmed to the city of SanFranciseo by the decree of the circuit court of the U.S. for the northern district of California, entered on the 18th day of May, 1866, be relinquished and granted to the city of SanFranciseo and its successors, and the claim of the said city to said land is hereby confirmed, subject, however, to the reservations and exceptions designated in said decree, and upon the following trusts bnamely: that all the said land, not heretofore granted to said city, shall be disposed of and conveyed by said city to parties in the bonaftde actual possession thereof, by themselves or tenants, on the passage of this act, in such quantities and upon such terms and conditions as the Legislature of the State of California may prescribe, except such parcels thereof asmay be reserved and set apart by ordinance of said city for public uses; provided, however, that the relin quishment and grant by this act shall not interfere with or prejudice any valid adverse right or claim, if sucii exist, to said land, or any paFt thereof, whether derived from Spain, Mexico, or the U.S., or preclude a judicial examination and adjustment thereof.
Mr. WASHBURNE, of Illinois. I am pressed not to make objection to this bill, and will not do it, although I do not see my way clear in reference to this kind of legislation if I am called on to vote.
Mr. McRUER. My object in urging the passage of the bill at the present time is that the bill requires the action of the Legislature of California, which will adjourn in 30 or 40 days, and will not meet again for 2 years. This has been a vexed question for the last 15 years, and affects the title to every lot of land in SanFranciseo. It is of the greatest importance to my constituents that this question should be finally settled. The right is reserved to individuals who may have claims to adjudicate them in the courts. 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 ordered to a 3rd reading, and it was accordingly read the 3rd time, and passed. Mr. McRUER mtRtv the bill was passed; upon the table. Agreed to. RIGHTS OF CITIZENS. The House proceeded to the consideration of the special order, being Senate bill No. 61, to protect all persons in the U.S. in their civil rights, and to furnish the means for their vindication; the pending question being on the motion to recommit, on which the Gentfrom Pennsylvania [Mr. Tunvnn] was entitled to the floor.
Mr. ROGERS Why, sir, it is well settled that the laws in regard to naturalization have no reference except to foreigners, and are not intended to include persons who were born here.
Mr. THAYER. That is a declaration which I den; and I have taken up some little time in in ieating the grounds upon whichI deny it. The gentleman says it is well settled. I ask him to tell me where and when it was so de cided.
Mr. ROGERS. It was so decided in one of the cases I have referred to.
Mr. THAYER. The gentleman says it was so decided in one of the cases he has referred to. I cannot testthe accuracy of such a citation as that. has been made; and I challenge the gentleman now to reduce such a decision. It is in the face of tenumerous precedents established by the legislation of this country, and always recognized by the Government. Let us see the i decision to which the gentleman refers.
Mr. ROGERS. Does the gentleman pretend that the clause in the Constitution authorizing Congress to make uniform rules of naturalization was intended to naturalize persons who were born in this country? Does e not know the object was to naturalize persons who came from abroad? Has not, that been the uniform application given to it? Has not that. been the construction given to it from the foundation of the Government down We present time? The Constitution contemplated foreigners, and not citizens or inhabitants of the U.S.
Mr. THAYER. The position of the gentleman is wholly untenable. It has not to my knowledge.been so decided and there is nothing in the language of the Constitution which gives the slightest colorto it. We may natu ralize any class of persons. It is a process to which you may not only submit foreigners, but. one born in this country, and all the precedents bear me out in the position I assume.
Mr. RAYMOND. I have endeavored to sat isfy myself and have come to the same conclusion as the Gentfrom Pennsylvania on the precise point he is now discussing. I sick I am notaware that any such decision. him, while he is passing this point in his orment, whether he is prepare to reply to the objection taken to his ositition in the opinion of Justice Curtis, not the opinion of the court, but the opinion of an individual to which great weight is to be attached, I presume, from the authority and learning of the eminent judge who delivered it.
Mr. THAYER. I have read the Dred Scott case to which the Gentfrom NewYork has referred, but not recently; and I should feel much hesitation in commentin on the opinion of the learned judge referred to without having consulted it more recently. I do not understand the gentleman to labor under the difiieulty which nfiicts the Gentfrom NewJersey, for I understand the substitute offered by the Gentfrom NewYork to enact precisely what is in the 1st section of this bill; that is, to confer the right of citizenship on this class of persons.
Mr. RAYMOND. My opinion is that congress has the right to naturalize persons born in this countr, and as the gentleman is passing that point I desire to be strengthened in that view of it.
Mr. THAYER. I do not think I should do justice either to Judge Curtis or myself if I were to undertake to comment on the opinion the Gentfrom NewYork refers to without having more recently made myself familiar with the precise languave he uses in his opinion, and fhave not the liook at hand.
Mr. ROGERS. I ask whether Judge Curtis, in the opinion referred to, did not take the same ouncl in reference to uniform rules of naturalization I take new, that they were only intended to apply, by virtue of the power given in the Constitution, to foreigners, persons not born here persons who come from other countries.
Mr. ROGERS. Will the gentleman allow me to gait a question? Mr. THAYER. A very short one.
Mr. ROGERS. Does not the bill provide for calling out the land and naval forces to carry it into effect?
Mr. THAYER. Mr. Speaker, I am not a little astonished at the question put by the Gentfrom NewJersey. Does not the Gentleman know that express power is given to Congress by the 8th section of the 1st article of the Constitution to provide for calling forth the militia to execute the laws of the Union? Why, sir, the gentleman has been living under a military despotism all his life and me not found it outunti yesterday. Until this bill was introduced he does not seem to have been aware of the fact.
Mr. ROGERS. I have been aware of it during the last. 4 years.
Mr. DEFREES. I ask that h unanimous consent the time of the gentleman e extended. No objection was made.
Mr. HILL. I desire to offer an amendment to the bill under consideration.
The SPEAKER. An hmendment is not in order at this stage while the motion to recommit 15
Mr. THAYER. As the gentleman has asked me a question, I will, with his permission. ask him a question. I ask the Gentfrom Wisconsin whether in his u gment the U.S. have not the rig it constitutionally to enforce its own laws by pains and penlaties? If he supposes the U.S. rave that right, upon what ground he contends the U.S. have no right to enforce its law by pains and lpenalties imposed for its violation?
Mr. ELDRIDGE. M answer to thatisthis: there can be no law of congress in a case like this, because there is no warrant in the Constitution to justify the law. There is no authority, no warrant in the Constitution, and hence anfiactlyou may pass will be no law.
Mr. THAYER. I understood the gentleman not to argue the penalt could not be constitutionally enforce an imposed because the law itself was unconstitutional, but to argue on the independent ground there was no constitutional authority in Congress to impose on a judge for refusing to execute the law which it was his otheial duty to execute., Ift he gentleman places it upon the ground the law itself was unconstitutional, that is placing the argument on different ground from that which I understood him to assume.
Mr. ELDRIDGE. Does the gentleman contend Congress may require a State judge to execute laws of Congress? Can they, by force, compel him to carry them out? Can they, by pains and penalties, make him the mere creat ure of the Federal Government? The question has been decided over and over again that they cannot enforce them through a State judge. But, Mr. Speaker, this bill has other objections. N 0t only does it attach pains and penalties to the judge of a State court who, in the exercise of hisjudicial functions, shall act contrary to its provisions. but it offers inducements, if not bribes, for the execution of those provisions. It confers jurisdiction upon officers to make arrests and gives them rewards for making them. It fills the States with Federal officials, watching and sneaking to get prizes for the execution of their work.
Mr. THAYElt. Will the entloman excuse me? What clause refers tot e duties imposed upon State judges?
Mr. ELDRIGE. I refer to the 2nd section.
Mr. THAYER. With the gentlemans permission, I will say I see nothing in that section which warrants the argument the gentleman attempts to construct upon it. That section is as follows: That any person who. under color of any law, stat ute, ordinance. regulation, or custom, shall subject or causeto be subjectedany inhabitant of any State or Territory to the deprivation of any right secured or protectedby this act, or to different punishment, pains, or penaltieson account of such person having at any time beenheld in acondition o slavery or involuntary servitude except asapunislimentforerime whereoftho party shall have beenduly convicted, or by reasonof his color or race than is prescribedfor the punishment of white persons, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by fine not exceeding $1,000 or imprisonment not exceedingone year, or both. in this orotion of the court. Npw, sir. if the gentleman undertakes to say, when the Congress of the U.S. pass a law, and when the Constitution of the U.S. says that law, made in pursuance of the Constitution shall be the supreme law of the land, that anybody under color or authority of any kind, can with impunity violate that supreme law, and the U.S. cannot unish for that violation, then I understan his argument. Do I understand him correctly?
Mr. ELDRIDGE. Iwill answer the gentleman when he gets through.
Mr. THAYER. There is nothing in the bill which imposes on ajudge any more than to refrain from violation of the law.
Mr. THAYER. The gentleman will recollect that I also founded a portion of my argument in favor of the constitutionality of this bill upon the guarantee which is contained in the Constitution, of life, liberty, and property to citizens of the U.S., and I argued that if this measure was necessary to enforce that guarantee it wasa power. necessarily contained by imlication in the Constitution.
Mr. ELDI IDGE. Then the gentleman differs in all his claims with his friend, the able Gentfrom Ohio, [Mr. BisanAM] who introduced the resolution proposing the amendment of the Constitution for the purpose of meeting the constitutional objections to the passage of this bill. He admitted, or seemed to admit, when that resolution was under consideration, that there is by the Constitution as it now stands no warrant for the Federal government to go into a State for the purpose of protecting the citizen in his rights of life, liberty, and property. I shall not undertake to argue that question. It is enough for my pur, pose that the majority of this House have urged e the necessity of the passage of that resolution i to amend the Constitution in order to enable them to attain the purpose sought by this bill.
Mr. SLOAN. Will the gentleman allow me i to ask him aquestion?
Mr. ELDR DGE. No, I will not yield to thatgentlemau. He refused me a similar courtesy a short time ago.
Mr. GRINNELL. Now, you are even. [Laughter.]
Mr. RAYMOND. I would like to ask the gentleman a question upon that point.
Mr. EIADRIDGE. I yield for that purpose.
Mr. RAYMOND. I would ask the gentleman this question: even if citizenship cannot under the Constitution be absolutely conferred upon nativeborn inhabitants aaccording to this decision of the court which he cites, may not Congress declare that all native born inhabitants of the country are citizens, making it a declaratory act instead of one conferring citizenship?
Mr. ELDltlDGE. It is enough for me to know that congress has not done it, and that by the organic law it has no power to do it.
Mr. RAYMOND. [do not see the pertinency of the gentlemans remdrk. Congress, he says, has not done it. but is there anything in the Constitution which prohibits or renders it impossible for Congress to declare that all native horn inhabitants are citizens?
Mr. ELDRIDGE. There is no authority in the Constitution for Congress to pass any such law. Naturalization,of its own orce, imparts and applies only to foreign born persons. that the warrant in the Conltitution to establish a uniform system of naturalization only to foreigners and cannot np applies ly to horse born in this country. Hence, he ore you can pass such a law, you must have constitutional warrant for it. I think the gentleman is an swered.
Mr. RAYMOND. I only wished to call the gentlemans attention to the point.
Mr. DUMONT. Will the Gentfrom Illinois yield to me a moment?
Mr. DUMONT. I move to amend the amendmentof my colleague [Mu HILL] to instruct the ComJudiciary, by adding th reto further instructions to amend the bill by striing out all after the word “ except.” near the close of the 1st section, and inserting the followmg: That nothing herein shall be construod as re. extending the Hill!“ of citizenship to anyone who has renounced the same, or acknowledged to any governmentor pretended government allctizniahnoese tility to the U.S., or held officeunder the saogmaien, sntor to anyone who voluntarily hasborne arms the U.S. in the late rebellion or who has been guilty of any act whatever which by the laws of nationsmakosa forfeiture ofoitisenship.
Mr. MILLER. I desire to move an amendment to the amendment.
The SPEAKER. The Gentfrom Iowa [ll/Mr. wILSON] has the right to withdraw atany time the motion to recommit; and he has very plainly intimated to the House his intention to do so. The proposed instructions to the committee will all with the withdrawal of that motion. Hence those propositions to instruct the committee are more in the shape of notices to amend than anything else.
Mr. MILLER. I move to amend the amendment by adding at the end of the 2nd section the followmg: Provided. That judges of State courts who decide judicially. under the constitution and laws of the respective States in which they reside, shall be exempted from the penalties imposed by this section; and provided further. That the party aggrieved by such decision shall be entitled to an appeal to the district or circuitcourt of the U.S and from there to the SCOTUS
Mr. WINDOM. Mr. Speaker, it is not my habit to occupy much of the time of the House in speech may ting, butas this is one of the most important bills upon which we shall be called to act, I wish briefly to state what I believe to be the sentiments of those whom I represent on this subject. I was somewhat surprised yesterday in list enin to the argument of the gentleman who, I believe, is the recognized leader of the Dem ocratic part. of the House the Gentfrom NewJersey, [Mr. Roosns]tor Ibe lieve, Mr. Speaker, that what we daily witness on this floor justifies me in according to him the leadership on that side of the House. OGLHS. Mr. Speaker Mr. WIN DOM. Have I done him too much honor?
Mr. ROGERS. Mr. Speaker, I hope no body on that side of the House will make that assertion again. The object and the intention is only to create dissatisfaction on this side of the House. I do not claim to be a leader, nor do I want any such statements made any more. Gentlemen will do me a service by refraining from such remarks.
Mr. CONKLING. I should like to indulge my curiosity for a moment. Who in the world is the leader of that side of the House ifthe Gentfrom NewJersey is not?
Mr. MARSHALL. Allow mea word on this question oflcadershi.
Mr. WINUOM. The gentleman can have an hour after I get through.
Mr. wINDOM. I did not expect, when I attempted to pass a merited compliment upon the very learned and logical Gentfrom NewJersey, to stir up so much excitement on the other side of the Chamber. I think that excitement arises from 2 different causes. a superabundance of modesty on the part of the Gentfrom NewJersey, and a ack of the same on the part of his friends. It. seems that he declines the honor which I proffered him, and regards it almost as an insult. [Laughter.]
Mr. MARSHALL. I wish merely to say that we do not recognize him as our leader.
Mr. WINDOH. 1 must decline to yield, it is a very unim, ortant matter.
Mr. MARS ALL. We do not recognize anv autocrat. [Loud cries of “ Orderl "j
The SPEAKER. The Gentfrom Illinois is out of order. The Gentfrom Minnesota declines to yield, and gentlemen must not insist on defying the rules of the House.
Mr. WINDOM. If it were a matter of an importance I would certainly yield. I thin every member upon this side of the House and every modest member upon the other side accords to the Gentfrom NewJersey the position I assign him. [Laughter] I was simply about to say that I was surprised yesterday when the leader of the Democratic party on this floor, (and, Imay add, one of the chief nurses of the new party born at Grovers theater on the 22d of last month.) advanced certain sentiments which [lroeudgidh.ten] His speech was somewhat long, and it may be interesting to bring the extreme ends of it together that all may see how they agree. I read now a brief extract from the beginning. He says: "Let me an, in the commencement, that there is no personin this House more willingto extendto the Inegroall the rights of life liberty, and property than am. I am willing to treat him in the most kindly and Christian like manner, and extend to him every privilege that ought to be gunrantied to any man in the U.S. for the protection of his liberty his life, and his property. But when I took my seat in this body I took a solemn oath, which I implanted dpeoertptly cinCmonyshhetuatritoannodl ctohnes LcniietpedecJ Shtaatte Isawnodudldesfeunpd it against its enemies, whether within or without." That is the 1st end. A passing word in reference to his oath to support the Constitution having prevented him from extending to the negro “ all the rights of life, liberty, and property. " If I read correctly the discussion which took place between him and the Gentfrom Iowa, [pin PRICE] a few days ago, or rather if he is correctly reported in the Globe, the gentleman stated that he had never read the Constitution of the U.S. [Laughter] If that be true, the Gentfrom Pennsylvania [Mr. Srsvsxs] was justified in the side remark that “ when he took the oath, he must. have gone it blind." [Laughter]
Mr. ROGERS. I hope the gentleman will not misrepresent me. I did not say I had never read the Constitution of the U.S. I said my attention had not been called to the particular par mph in the constitution and that I suppose it was in the preamble. That is what said.
Mr.THAYER. Will the gentleman allow me to make a suggestion at this point?
Mr. THAYER. The gentleman will recall the dialogue, and he will see that it. was the question of the Gentfrom Indiana [Mr. [BLACK] rather than my question which discomfited the Gentfrom NewJersey, [Mr. Rooms] The question of the Gentfrom Indiana was why the Gentfrom NewJersey had not voted against that amendment abolishing slavery.
Mr. WINDOM. I think that question gave the Gentfrom NewJersey rather more trouble than the question of the Gentfrom Pennsylvania. but it was the answer to the question of the Gentfrom Pennsylvania which I desired more particularly to read and bring into juxtaposition with this grand decla ration of love of freedom made in the opening part of his speech. I do this for the purpose of showing how much the Democracy really love liberty. They say they will go to any length to give liberty to the slave, but whenever there has been an amendment proposed to the Constitution to accomplish that end, they thank God that their consciences are clear and they can sleep soundly 0 nights because they did not vote for it. Before I pass from this speech of the Gentfrom LewJersey I desire to say that I was informed at the time that he was lodged to vote for it. but that. he was sick when it was passed, and was not here. I know not how that may be, and do not care.
Mr. ROGERS. Will the gentleman allow me to explnim?
Mr. ROGERS. That is an utterly false statement, without one particle of truth in it and whoever made such a statement as that to the Gentfrom Minnesota [Mr. wINDOM] utters what he knows to be a deliberate false hood. I never agreed, directly or indirectly, to vote for that constitutional amendment. made a speech here against it and ifI had been able to be here I should have voted against it when it passed, as I did the winter before in this very Hall, when the very same amendment was under consideration.
Mr. WINDOM. I do not know how that may be; of course I accept the gentlemans explanation.
Mr. NIBLACK. Will the Gentfrom Minnesota allow me to make a brief remark?
Mr. NIBLACK. As my name has been brought into this discussion, I wish to say, that in addressing my interrogator esterday to the Gentfrom NewJersey, Pdbsired simply to afford that gentleman an opportunity to explain the circumstances under which he failed to vote against the constitutional amendment then referred to, as there had been some comment at the time upon the fact that he, with other prominent gentlemeu, had failed to vote on that question. I had no doubt that the gentleman had a very good reason, and I wanted to give, him an opportunity to state it. As the great consideration with which he has been treated by the Speaker in the appointment of our committees, as well as the constant remarks of Gentlemen on the other side, would seem to imply that the Gentfrom NewJersey is our “leader, ” we desire to have him stand recurs in curia upon this and all other questions. I only regret that the gentleman was notable to give us more particularly and in detail the reasons why he did not vote on that subject. I myselfnever doubted that he had good reasons and I wanted those reasons understood, especially as we on this side stand committed before the House and the country for all that he says upon this and all other questions. I trust that the gentleman appreciates my me “"88.
Mr. WINDOM. I cannot yield for any further remarks on this point. I will leave the Gentfrom Indiana [ML NIBLACK] and the Gentfrom NewJersey to settle questions of this kind between themselves. I apprehend, Mr. Speaker, that if gentlemen on the other side continue to carry out the principles which have governed their votes during the last 4 years they will soon be each and every one of them so heartily ashamed of having ever belonged to that party that they will Wisely dro all questions with reference to leadership. Therefore I will not now interfere in this quarrel.
Mr. IBIJACK. Will the gentleman allow me one further remark?
Mr. NIBLACK. Idesire simply to say that we on this side do not need any “leader.” There are not enough of us. [Laughter] Therefore every man carries on a kind of guerrilla fight. I trust that in this remark I shall be understood as implyin no discourtesy toward the Gentfrom NewJersey.
Mr. SPALDING. I trust there is no jeal ousy of the Gentfrom NewJersey because he occupies a preemiuent position.
Mr. NIBLACK. I may say togentlemen on the other side that even without a leader we shall perhaps be able to surround and capture them, with the help we may obtain from other quarters, before the present Congress expires. Butjesting apart, we on this side, especially those of us who are in the habit of talking considerable ourselves, do feel very keenly this constant. talk about the Gentfrom NewJersey being our “ leader." It does provoke ourjealous in a way that is very unpleasant. [Langhtere lll
Mr. ROGERS. That is the object of such ta.
Mr. NIBLACK. I hope, therefore, gentle men will not persist in making the Gentfrom NewJersey so prominent at the expense of the rest of us on this side of the House.
Mr. WINDOM. Iam very glad, Mr. Speaker, that the Gentfrom Indiana has made this exlanation. It convinces me that there are at east 2 or 3 gentlemen on the other side who do not recognize this leadership. It also enlightens us on another point. The Gentleman has said that members on that side do not want a leader, because they only carry on a kind of guerrilla warfare. That explains why gentlemen on that side voted at the last session of Congress against the bill to punish guerril las. [Laughter ]
Mr.THAYER. If the Gentfrom Minnesota will permit me, I desire to ask the Gentfrom Indiana to define more particularly what he means when he speaks of obtaining “ help from other quarters.”
Mr. NIBLACK. I mean defections in your own ranks.
Mr. GARFIELD. I suppose the gentleman would vote fora bill to encourage desertious and not to punish guerrillas. [Laughter]
Mr. ELDRIDGE. I believe the States lately in rebellion are in the Union and were never out of it. I believe they attempted to go out and failed. I do indorse the Presidents policy of reconstruction. I believe it is the best policy which can be adopted under the circumstances for the restoration of those States to their properplaces and functions in the Union. I indorse none of the Presidents unconstitutional acts if he has committed any. I indorse him where he is right and oppose him where he is wrong. That is my position in regard to these questions. I do not indorse any unconstitutional act of any President or other Officer of the Government. If the President has done any act for bidden by the Constitution, he has done that upon his own responsibility.
Mr. WINDOM. Do you indorse that act of the President setting aside the vagrant laws of Virginia?
Mr. ELDRIDGE. I do not indorse that act.
Mr. WINDOM. The Gentfrom Wisconsin PMr. ELDRIDGE] finds an objection to this bil in that clause which he says offers a bribe to the officers for the execution of the law, and he asks if any other such law has ever been passed. I think I can enlighten the Gentleman. I point him to a law which is certainly quite as ba as he says this is, namely, the fugitive slave law.
Mr. ELDRIDGE. I beg pardon; I did not ask any such question in regard to that law.
Mr. WINDOM. The gentleman certainly made the objection to this bill that it did offer a bribe.
Mr. WINDOM and now I propose to show him another law that offers a bribe.
Mr. ELDRIDGE. I know well what the gentleman refers to.
Mr. WILSON, of Iowa. I do not wish to interfere with the Gentfrom Pennsylvania. but I ask him to be way until I can make a proposition by the louse.
Mr. WILSON, of Iowa. I desire now to submit a proposition to this House in relation to this bill. My reposition is that it shall be postponed until 1 hursday next after the moming hour, with the understanding that the vote shall be taken upon it upon that day. My reason for askingt is long postponement is that the ComWays&Means have some business of great importance which they desire to bring before the House for its action early next week, and it will probably occnp 2 or 3 days to dispose of it; and in order to afford them full time to brin" that business before the House and have the ease act. ii on it, and also to give gentlemen additionaFtime to examine this bill, I submit this proposition to the House, and hope there will e no objection to it.
Mr. CONKLING. I suggest to the Gentfrom Iowa [Mr. Witsox] that I doubt whether it is better to fix any time for a vote upon this bill. He can at any time will the previous question on it, and if that call is seconded he can bring the House to a vote upon the bill.
The SPEAKER. The Chair will state that according to usage, whenever the Gentfrom Iowa [Mr. WILSON] notifies the Chair privately that he desires the floor to close debate upon this bill, be will be recognized by the Chair. He can then call the previous question, and if the House. are ready for the vote to be taken on the bill they will 2nd the demand for the previous question. If the majority of the House desire to continue the debate upon it, they have only to refuse to 2nd the call for the previous question. I
Mr. WILSON, of Iowa. The reason why desire to have some understanding when the previous question will be called and the vote taken upon the bill is in order that I may be relieved from the constant applications on the part of members to know when I inteudto bring this debate to a close. lpresume that 1/2 the members of this House have called upon me today to know when I would close the debate upon this bill and the reason whyIdesire to havethis understanding is that several members have notified me that the expect to be absent during a part of next wee, and they want.to know when the vote will be reached in order that they may certainly be here. Those are the reasons why I desire to fix the time for this vote to be taken.
Mr. CONKLING. I do not like to oppose my friendfrom Iowa, )Mr. WILSON] but [will make a suggestion to imas a reason why he should not press his proposition upon the House. I think it may very well be that before next Thursday comes, or on that day, there may be reasons which would make it desirable in the estimation of the Gentfrom Iowa or some other gentlemen, that this vote should be taken on some other day rather than on that day, and therefore even while I think it ordinarily would not be worth while to fix any time for such a vote, I think that now especially it would not be worth while to do so and while I dislike to make objection, I hope the Gentfrom Iowa will not press his proposition. He can call the previous question at any time when ever he pleases.
Mr. STEVENS. As it is now about the usual hour of adjournment I desire to submit to the House a proposition to take a recess until half past 7 oclock tonight for business. It is Impossible to get along with the appropriation bills at.this rate, and the business of the Depts is very much atfected for want of the necessary appropriations.
Mr. MORRILL. I hope the proposition of the Gentfrom Pennsylvania [Mr. STEVENS] will prevail, and that we will have an evening session. The loan bill is pending, and before it can be properly considered and may tured it may be necessary for the House to act upon some other matters and send them to the Senate for their action.
Mr. wASHBURNE, of Illinois. I hope we will not, commence thiathing of night sessions on Friday night, for it is an unlucky night. [Laughter] I think we had better wait till next week before we commence night sessions for business.
The SPEAKER. It requires unanimous consent, under the resolution of the House, which is suspended until further order, to have a night session for the purpose of business. But a more majority may order a night session for purposes of debate only.
Mr. STEVENS. I hope that gentlemen will be prepared for night sessions next week until we get through some of the pressing business before us and I now give notice that I shall move for night sessions next week for that pttgior.s
Mr. Ne.IBLACK. I desire to inquire of the Gentfrom Iowa, Mr. WrI.sos] whether e proposes to leave this bill in a condition which will allow it to be discussed in the mean time. There are several gentlemen who desire to speak, as they would prefer to speak upon this bill rather than upon any other. If the gentleman will consent to leave it so situated i that it can be debated in the mean time, it will i tend very much to prepare the House to take the vote at the time he suggests.
Mr. WILSON, of Iowa. I know of no way in which that can be accomplished, unless tomorrow should be occu ied by gentlemen who wish to speak on this bil. It is for the purpose ofeconomizing the time of the House, and in order to permit the ComAppropriat to go on with their business, that I progtase the postponement of this bill until next it rs av.
The SPEAKER. The Chair will state that he is informed of 2 gentlemen who wish to speak tomorrow on general subjects in ComWhole. The Chair will cheer fully remain here tomorrow till as late an hour as any gentleman may desire, in order that speeches may be made on this subject or any other.
Mr. WILSON, of Iowa. I will give notice that, if this proposition be agreed to, I intend to allow Thursday afternoon for discussion, reserving to myself sufficient time to close the discussion after the demand for the previousquestion.
The SPEAKER. The Gentfrom Iowa asks that, by unanimous consent, this bill may be postponed, to be taken uppositively on Thursda next, after the mornin hour.
The SPEAKER. If the House passes away from the consideration of the bill, without fixing a time when its consideration shall he resumed, it will take its place behind the loan bill and the bankrupt ill, which are both special orders after the morning hour.
Mr. WASHBURNE, of Illinois. I hope that my colleague [Mr. HARDING] will consent to withdraw iis objection.
Mr. HARDING, of Illinois. I should like to hear some good reason for doing so.
Mr. WASHBURNE, of Illinois. Reasons which appear to me very satisfactory have already been given by the Gentfrom Iowa.
Mr. HARDING, of Illinois. I trust that the House will allow full opportunity for debating this bill either in the House or in ComWhole.
Mr. WASHBURNE, of Illinois. That matter is left entirely open by the arrangement sugrrested.
Mr. HARDING, of Illinois. I do not propose, so far as I am concerned, to yield the entire c ntrol of legislation to one or 2 men.
Mr. WASHBURNE, of Illinois. My colleague will understand that the arrangement suggested has nothing to do with closing the debate: it simply proposes to leave the bill where it can be reaced for the purpose of debate. That is all.
Mr. CONKLING. May I inquire, Mr. Speaker, what is the proposition to which the Gentfrom Illinois objected?
The SPEAKER. He objects to an order of the House that this bill be taken up on Thursday next, after the morning hour.
Mr. CONKLING. I think the gentleman is right in that objection.
Mr. HARDING, of Illinois. fixing an particular day when we shall be compelle to take up this bill and vote upon it on the suggestion of the Gentfrom Iowa, whether we want to do so or not.
Mr. WILSON, of Iowa. I understand the Gentfrom Illinois [Mr. HARDING] to object to a postponement. I know of no other method of proceeedin, then, than to let the consideration of the hI i go on. I have made my proposition in order that the committees of the House might be accommodated and the pressing business of the country promoted. If gentlemen object, Iknow of no other course r me to pursue than to permit the bill to proceed under the rules of the House; and fiiutimust do.
Mr. STEVENS. Iwill state another course that the gentleman can adopt: he can call the previous question, and have the bill passed. I object to be fair to gentlemen who have left the House) under the impression that. no vote would be taken today.
Mr. STEVENS. Then adjourn, and lot ti a bill go over till Manda.
The SPEAKER. the previous question be now demanded and 2nded, and the House then adjourns, the bill will go Over and come up as the 1st business in order after the morning hornon Monday; but then the only time remaining for debate will be the hour to which the Gentfrom Iowa will be entitled.
Mr. WILSON, of Iowa. The gentlerusu from Pennsylvania [ML BROOMALL] Is holding the floor.
Mr. WILSON, of Iowa. The Gentfrom Pennsylvania desires to be heard on the bill; and I will state further that I have 2 or 3 amendments which I n opose to oller.
Mr. FARNSWOR H. I hope the gentleman will propose his amendments to night, and let us know what the are. It seems to be nonsense to debate a bill for 3 of 4 days, and then move a substitute and call the previous question.
Mr. WASHBURNE, of Illinois. If we ud journ now, and the bill goes over until.ion day, cannot the Gentfrom Iowa move to suspend the rules so as to postpone it until the followin Thursday?
Mr. WILSON, of Iowa. motion to recommit. I move to amend the 3rd section by inserting in the 12th line, after the word “persons, ” the words “for any cause what soever;” so that the section will then read, as amended: SEC. 3. Abife:, That the district courts of the U.S. within their respective districts shall have. exclusivel of the courts of the several States, cognizanceof alcrimesand offenses committedagainsttheprovisionsof thisact, untl also concurrently with the circuit courts of the U.S. of nll causes.civil and criminal, uEccting personswho sre deniedor cannot enforce in the courtsor indicial tribunals of the State or locality where they may be any of the rights secured to them by the 1st. sectionof this MI; and if any suit orprosocution, civil or criminal, has been or shall becommencedin any State court against any such person for any cause whatsoever.kc. I demand the previous question on that amendment.
Skip Skip The previous question was 2nded, and the main question ordered; and under the Operation thereof the amendment was adopted.
Mr. HALE. I suggest the objection made by the gentlemen from Illinois was under a misa prehension of what was to be the under staning of the House. If I understand him correctly now, I think the original proposition of the chairman of the ComJudiciary can be carried out?
Mr. HARDING, of Illinois. I withdraw my objection to the bill bein postponed.
The SPEAKER. If t tere be no objection, the consideration of this bill, it will be under stood, shall be resumed on Thursday next after the morning hour. There was no objection, and it was ordered accordingl.
Mr. WI SON, of Iowa. I move to add to the 4th section the following: and said commissioners are hereby authorisedand required to exerciseand dischargeall the powersand duties conferred upon them bytbis net. and thesame dutieswith regnrd to offensescreatedby this act that they are authorized by law to exercisewith reference to olfcnsesagainst.the laws of the U.S. I propose to follow that by moving to strike out the 5th section, so the commissioners will exercise such powers as are provided by the judiciary act of 1789, and the amendment of 1842. The amendment was agreed to.
Mr. WILSON, of Iowa. I move to strike out the following: Sm. 5. Abife: That said commissioners shall have concurrent jurisdiction with the judges of the circuit and district courts of the U.S. o.rniensd, the judges of the superior courts of lhe severally and collectivel. rn term time and vacation, upon satisfactory proof being made, to I withdraw the
Mr. WILSON, of Iowa. That would not issue warrants and precepts for arresting and bring before them all offenders against the provisions of this act and on examination to dischargc, admit to briil, or commit them for trial, as the facts may warrant. The motion was agreed to.
Mr. WILSON, of Iowa. I move to add the following as a new section: Ami be{I Abife: Th at nothing in this act shall be so construed as to a[fact the laws of any State concerning the right of suffrage. Mr. Speaker, I wish to say one word. That section will not change my construction of the bill. I do not believe the term civil rights includes the right of suffrage. Some gentlemen seem to have some fear on that point. The amendment was agreed to.
Mr. WILSON. of Iowa. I renew the motion torecommit; and I move the bill, as amended, be i inted. he latter motion was agreed to. The bill then went over, according to the understanding of the House, until Thursday next, after the morning hour. REGULAR ARMY.
Mr. SCHENCK. I ask leave to introduce the following resolution: Remlved. do. That the SecyWar be requestedto furnish as soon as possible for the information of Congress.the following: 1st, the strength of the regular Army of the U.S.on the 1stday of May. 1863. 2nd.the strength of that.Army on the 315i.day of December, lSilS. 3rd the numberof recruits added thereto from my1.l865.to January 1, 1866. 4th. the number of descrters from the regular service (so far as shown by reports already received bynny hurcaii of the war Dept for each month from May 1.1865.to January 1, 1866.including descrtions from recruiting or other rendezvous and depots.
Mr. WASHBURNE, of Illinois. I object. I do not think we ought to pass that at the present time. We ought to have time to look into it. ORDER OF PROCEEDINE TO SIORROW.
Mr. WASHBURNE, of Illinois. I ask the unanimous consent of th that when the House meets tomor it be for debate, as in ComWhole, on the Presidents message. No objection being or:(B9 e, it was so ordered. rus.usxres LOAN.
Mr. SCHENCK. I ask the unanimous consent of the House to offer the following resolution: Resolved. That the President be renestedto coin municate to this House, at as early a myas tactica ble, if in his opinion not incompatible witht opublic ihnitsepreossts.easnsyio correspondence of the State Dept, having relation to any stepstaken by the republican Government of Mexico directed to the negotiation of n loan in the U.S. r the purpose of procuring meansto sustain that Republic in its effortsto maintain its independence.
Mr. BOUTWELL. I object. ENROLLEDJtResolution SIGNED.
Mr. COBB, from the ComEnrollBill. reported that the committee had examined and found truly enrolled JtResolution (H.R.No. 76) authorizing the SecyWarto transfer to the “National Home for Soldiers and Sailors Orphans, of Washington cit, " certain stores notueeded for the use of the government; when the Speaker signed the same. AGRICULTURE and MECHANIC ARTS.
Mr. HOTCHKISS, by unanimous consent, introduced a bill to encourage education in ag riculture and the mechanic arts; which was read a 1st and 2nd time, referred to the ComAg, and ordered to he printod and then, on motion of Mr. CONI LING, (at 5 minutesto 5 oclock p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, March 8, 1866. The House met at 12 oclock m. by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved.The House resumed, as in ComWhole on the state of the Union, the consideration of the Presidents annual message, upon which the Gentfrom Kentucky [Mr. McKBn] was entitled to the floor. RECONSTRUCTION.
Mr. McKEE. I ask the Clerk to read the JtResolution which I send to the Clerks esk.
The Clerk read, as follows: Prayer IJtResolution to amend the constitutionof the U.S. prohibiting conspirators and men who have bei n or shall be engaged in rebellon from holding certain offices. Resolved 1) (lieSaint! and HoRep of thie U.S.A. in congress assembled, 2/3rds of both Houses concurring.) That the following amendmentto the Constitution be proposed to the several State Legislatures. which, when ratified by 3/4ths of the several States shall be valiilio all intents and purposesas part of the constitution: Aaiicnn. No person shall be iialitied orshsll hold the slice of President or VEEP, Senator or Representative in the national congress or anyoflicciiow hclil underiippointment from the POTUS and requiiin ilic confirmation of the senate, who has beenor s iall hereafter be engaged in any armedeon il iracv or rebellion against the Government of the U.S., or wholias held orshiill licrcufter hold any cfliec, either civil or military. under any protended government or conspiracy set up within the Hunt): or who has voluntarily aided, or who shall hereafter voluntarily aid. abet or encourage any conspiracy or rebellion against the Government of the U.S.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foaxnv, its Secretary, informed the House that the Senate had passed abill (S.No.20) granting lands to aid in the construction of a railroad and tel grsph line from the States of Missouriand arkansas to the Pacific coast, in which he was directed to ask the concurrence of the House. The message further informed the House that the Senate had concurred in the resolution of the HoRep to prohibit the admission of Senators or Representatives into Iieni 3 br House of Congress from the States lately Congress shall have declared such States entitled to representation. RECONSTRUCTIONAGAIN.
Mr. MARSHALL. If my colleague will allow me, befOre he passes from that point, I would like to make aremark. I have nothing to so about the good taste of using the epithet copperhead” if my colleague thinks it comports with his own sense of propriety to use such stale and worn out epithets upon this floor. But in his statement in regard to my position here, he is entirely mistaken if he intends to apply the term “ copperhead” to me and those who act with me, or to intimate that I am willing to admit any man from the South, whether he be a traitor or not, to a seat upon this floor. He is entirely mistaken in regard to my position. Isay that the southern States are in the Union and onghtto be recognized as much as any other States in the Union, and that when they send loyal men here who are willing to stand by the Constitution and the Union it is an outrage to reject them. Sir, if such men as Jeff. Davis, John Slidell, John C. Breckinridge, and a host of others whom I might name, were to present themselves here, I should myself, so far as I am individually concerned remain here until Gabriel blew his trumpet before I would consent to admit them to seats as Representatives here. I would consider the claims of each man personally, but I hold that the States are in the nion and are entitled to representation here. That is my position in regard to thisquestion and the gentleman is entirely mistaken in assigning me thiposition which he has done.
Mr. KUYKENDALL. I do not wish my colleague to interpolate his remarks into my speech. I spoke of the “copperhead persuasion.” I did not know that that struck any member from in State.
Mr. MARSHALL. It is well known that the disunionists upon the other side of the House I do not clams my colleague in that number apply the term “ copperhead” to the members on this side of the House, around whom are clustering all the hopes of the people of this country who desire an immediate restoration of the Union.
Mr. KUYKENDALL. Let me say that of the Democrats in my district 3/4ths are not considered copperheads the are war Democrats although they voted the Democratic ticket. We call one partythere the Democratic party, and we have another part there which we call the Co perhead party. Iydo not know whether they have any representatives here or not, but I want to ask my colleague whether he is in favor of maintaining or of reealing the test oath. Mr. MARSHALL. Ifm colleague desires my opinion about that I will give it to him.
Mr. KUYKENDALL. I want a categorical ans“er
Mr. MARSHALL. I will state simply this: that I am inclined to believe that it is unconstitutional. That question. however is before the Supreme Court for decision. I think, however, that the better mode is to repeal the oath and determine the iicstion as to each member when he presents imself here, whether he is now a loyal man and as such entitled to be admitted to membership on this floor. I cannot say that I would at this time be in favor of removing all tests of every character, but I think at all events that the time will very soon come when that test oath ought to be stricken from the statute book, and when such men as Alexander H. Stephens, who have been complicated with the rebellion, ought to be admitted, if we are satisfied that they are now true to the Union and the Constitution. I would recognize the States as in the Union and entitle to representation, and consider the case of each individual member as he presented his claims to a seat here.
Mr. ROGERS. Will the Gentfrom Illinois [Mr. KUYKENDALL] allow me to ask his colleague a question?
Mr. KUYKENDALL. Oh, of course, I will yield to that gentleman. "
Mr. ROGERS. I ask the Gentfrom Illinois [Mr. Mmsium] this question. suppose Alexander H. Stephens was elected as a tcpresentutive in Congress from the State of Georvia, and should come here; would you or would you not vote for his admission if he was regularly elected 1
Mr. MARSHALL. If I was satisfied that he was true to the Constitution and the Union, and intended to stand by the Government and insist on its perpetuation under the Constitution, acting in good faith I would vote for his admission. But I should not consider that in so doing I was adopting a principle that would require me to admit men whom I believe still to e traitors.
Mr. KUYKENDALL. I must insist that these gentlemen do not occupy all my time.
Mr. ROGERS. My only object was to get the views of the gentleman about the test oath.
Mr. MARSHALL. While I am up will my colleague let me say sword in reference to the Gentfrom NewJerse, [Mr. Roosas?]
Mr. KUYKENDALL. es, if it is not too lon. A
Mr. MARSHALL. It will be very brief in deed. A number of gentlemen on the disunion side of the House, it seems, have been very anxious, I know not for what purpose, to de nominate the Gentfrom .L ewJersey the leader of this side of the House. Now, if it is meant that he has made more specches and longer speeches, and, if you p ease abler ones, than any other member on this side of the House, I have certainly no objection to the gentleman bein considered the leader in that sense. I am wi ling to accord to him the great ability and eloquence which I recognize him to possess. But I must say for myself, that in many of the extreme views expressed by that gentleman since this Congress commenced its session, he does not, in my judgment, represent the Democratic portion of this House. In many of his views he does, and in others he does not, and I am not willin v to have it insisted upon here or understood by the country that the Gentfrom NewJersey [Mr. Roosns] is in his discussions on this floor the representative of this side of the House; nor am I willing to be bound by everything that he or any other member may choose to say.
Mr. KUYKENDALL. The ntleman has not yet answered my question. want a direct answer from him. I want him to say whether or not he would vote to repeal the test oath at this time. That is a question easily answered, yes or no. gard to Alexander H. Stephens; whynot also in regard to Jeff. Davis?
Mr. MARSHALL. I have already said that very soon, if not now, I think this test oath should be repealed; and that men, although they may have been drawn into the rebellion, who are now true to the Union, and are well known and recognized to be such, should, if tfihey are elected, be admitted to seats in this House. He says he would repeal it in re
Mr. ROGERS. Will the Gentfrom Illinois [Mr. Konssnann] yield to me for a moment?
Mr. ROGERS. I have been very liberal to others.
Mr. KUYKENDALL. I know that; but the gentleman is not answering any question I have put.
Mr. ROGERS. I know that my views are somewhat in advance of those of some members on this side of this House. But I suppose the Speaker of this House has noticed that during my career in Congress I have always acted and spoken upon principle, regardless of any political consequences to me. I have always expressed my views openly and fairly to ta best of my ability; and Iain here today tosay that I would vote now, and it would give me as much pleasure as any vote that I have ever given or ever could give, to reical the present test oath. I believe that oat is unconstitutional, and that no Congress under the authority of the Constitution has the right to impose any such requirement upon the conscience of any man and the POTUS himself Mr. Johnson, in the last colloquy he had with gentlemen from NewYork, expressly stated t int he believed that oath ought to be repealed, and that no other obligation ought to be imposed upon any man than an oath to support the Constitution of the U.S.
Mr. KUYKENDALL. I object to the Gentfrom NewJersey [Mia Rooaas] as authority for what President Johnson says. What I want to know is, whether he speaks for his entire art.
Mr. OGERS. No, sir; I speakformyself; I do not speak for the Democratic party at all. I do not profess or claim to be an leader of that party. I advocate what I believe to be Democratic principlesI do not pretend to control anybody; and I know no one on this side of the House is so foolish as to be controlled by anything but his own ideas of right and justice. It is a serious, a great insult to undertake to charge upon this side of the House that they are to e led by any man. They are men of sense and judgment and discretion, and are able to nrsue their own course according to their own Judgment, with the same right and the same sense of obligation and dut that I can exercise; and with equally as muc if not more sense.
Mr. KUYKENDALL. We all believe that. [Laughter But I would like my friendfrom Illinois [Mr. Manama] to answer this question. e says that he thinks the time will come very soon when this test oath should be repealed. Now, if Mr. Breckiniidge should be elected a member of this House from the State of Kentucky by a majority of the qualified voters of the district, and was willing to take the oathto support the Constitution of the U.S., would the gentleman vote to give him a seat upon this floor?
Mr. MARSHALL. I would not. I would have these questions properly referred, so that the merits of each individual resenting himself might be thoroughl an properly considered. I believe that ose States are entitled to representation. I have already said that I would not vote for the admission of those men whom I believe to be guilty of having originally concocted treason and deliberately lotted the destruction of this Government. at among those in the South who were drawn into the rebellion after it commenced there are many good men who, in my opinion, are today as loyal to the Union and the Government as is my colleague; and when a man of this class presents himself here as the Representative of a State, I am ready to vote for his admission.
The Clerk read, as follows: “ Grant you very freely and frankly, that I do not believe this Government can permanently be held together by military force. I do not believothat any sectionof this Confederacy will ultimately subjugate and overrun the other and hold it in; a conquered province. Ihayo no idea of any such thing. It is against the genius and the spirit of the nxo. Nobody would attempt any luch thing. I regard civilWarns really settling the question that there is to be ultimately a separate confederacy. I have no idea that such a war could end otherwisethan in a separation of this Union and the organization of separateconfed crucies. I am perlect y satisfied of that."
Mr. THAYER. Will the gentleman yield to me for a motion to adjourn?
Mr. THAYER asked and obtained leave of absence for Mr. Meennno for 4 days from next Monday and then, on motion of Mr. THAYER, the House (at halfpast 4 o clock p. m.) adjourned.
Skip Skip PETITIONS, ETC. The following petitions, he" were presentedunder the rule, on referred to appropriate committees: By Mr. BROOMALL: he petition of 3771citizens of thester county. Pennsylvania. pmyiuiz foramodificntiqn of the thrill"law so as to utibnl protection to American industry. Also, the petiiion of citizens of Delaware county, Pennsylvania prayimr for an op propriation to improve the bar or of Marcus 1100. on the Delaware river. By Mr. ELIOT: the petitiensof Fall River Savings Bank: 5 Cent Fnvines Bank. of Fall River.:is sachusetts; Citizens Savings Bank, of Fall River. Massachusetts. respectfully praying that savings institutions not buying capital stock may not besuliieet. to certain taxes., Mr. MOQRHEAP: The petition offiilcitigene of Pennsylvania. praying for protection to American ii or. By Mr. STEVENS: The petition of Alexander Dunbar.
@@@IN SENATE SENATE. Meson, March 5, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved.
Skip Skip PETITIONS and IEHORIALS. The President proIempore. The Chair has received and been requested to present to the Senate a communication from the Governor of NCarolina, inelosing certain resolutions passed by the General Assembly of that State, accepting certain lands donated to that State by the Congress of the U.S. by an not passed Jul 2, 1862, entitled “An act donating public lands to the several States and Territor ries which may provide colleges for the benefit of agriculture and the mechanic arts.” This communication and these resolutions will be laid on the table and printed, if there be no objection.
Mr. FESSENDEN, it was Ordered, That the petitionsuud otherpupersin the cases of Ebenczer Ricer and James H. Liuscott. praying for invalid pensions, be taken from the filesof the Senate, and referred to the ComPensions. On motion of
Mr. POLAND, it was Ordered.That Eli W. Golf have leave to withdraw leios ptctition and other papers from the files of the no 0. tition of REPORTS OF COMMITTEES.
Mr. DIXON. I am directed by the ComPostOffices, towhom was referred the JtResolution (H.R.No. 66) relative to the courts and postoffice of NewYork city, to report it back with 2 amendments, onein the 14th line, and one adding 2 names. I should like to have the resolution acted upon at the present time as it is a I matter of some importance.
Mr. LANE, of ndiana. i ports have been made. I object until re
The President protempore. Objection being made, the JtResolution cannot be considered toda.
Mr. CLARH, from the ComClaims, to whom was referred a bill (H.R.No. 345) for the relief of Christina Elder, asked to be discharged from its further consideration, and that it be referred to the ComPensions; which was agreed to.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Emma J. Hall, praying for a pension, recited a bill (S.No.181) for the rehefof Emma J. Hall. The bill was read, and passed to a 2nd reading, and the report was ordered to be printed.
Mr. ANTHONY. The ComPrintg. to whom was referred a resolutionto print for the use of the Senate the regular number of copies of the Dictionary of Congress, as revised and brought down to date, have directed me to report it back without amendment and recommend its passage; and if there be no objection I will ask for its present consideration. The resolution was read for information, as follows: Resolved, That there be printed for the use of the Senate theregularnnmberof copiesof the Dictiona of Congress.asrevised and broughtdown todate, an that the samecopyright bepaid the compilerthat was apipfihim by resolution of this body, adopted June
Mr. GRIMES. I object to the consideration of that resolution.
Mr. RIDDLE. Iap eal to the Senfrom Iowa to withdraw his objection. The committee have considered the resolution very care fully, and the Senate might as well dispose of it today as at any other time. The committee were unanimousin making the report.
The President protempore. Objection being made, the resolution lies over under the ru e. BILL BE COMMITTED.
Mr. POLAND. I move to recommit the bill (S.No.171) for the relief of Reuben Clough, to the ComPensions. The committee reported it back adversely on the 2nd morning after it was referred to them, and some papers which were left in my charge to be given to the committee they failed to receive. I therefore, with the concurrence of the chair man, make this motion to recommit. The motion was agreed to. BILLS INTRODUCED.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.182) to enlarge the northern judicial district of California, and for other purposes; which was read twice by its title, referred to the ComJudiciary, vand ordered to be printed.
Mr. BROWN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.183) to fix 8 hours labor as a days work in all cases where laborers, mechanics, or arti sans may be employed by or under the authorityl of the Government of the U.S.; which was read twice by its title, referred to the ComNavAffrs, and ordered to be printed.
Mr. MORRILL asked, and by unanimous. consent obtained, leave to introduce a bill SS.No. 184) to define more clearly the juris iction and powers of the supreme court of the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. MORRILL also asked, and by unanimous consent obtained, leave to introduce a hill (8. No. 185) to preserve evidence of marriages in the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. STEWART asked, and by unanimous consent obtained leave to introduce a bill (S.No.186) amen star; of an act to provide for the reports of the decisions of the SCOTUS; which was read twice by its title, and referred to the ComJudiciary.
Mr. STEWART. I present a letter of the reporter of the Supreme Court explanatory of the bill, which I ask may be printed, and re ferred with the bill to the ComJudiciary. The motion was agreed to.
Mr. WILSON asked, and by nnanimouscon senbobtained leave to introduce a JtResolution (S.R. No. 37) to provide for the representation in Congress of) the States lately in rebellion, and for the resumption of the prac tical relations of the said States to the U.S.; which was read twice by its title, referred to the ComReconstruction, and ordered to be printed. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep. by Mr. LLovi), its ChiefClerk, announced that the Speaker of the HoRep had signed the following enrolle bills and JtResolutions; which were thereupon signed by The President protempore: A bill (S.No.93) to quiet the title to certain lands within the corporate limits of the city of SanFranciseo; A bill (S.No.142) for the relief of James Bawdin; and AJtResolution (H.R.No. 76) authorizing the SecyWar to transfer to the National Home for Soldiers and Sailors Orphans, of Washington city, certain stores not needed for the use of the Government. KIDNAPPING IN THE SOUTH.
Mr. MORGAN submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the POTUS he requested to communicateto the Senate.if not in compatible With the public interest.any information which may he in the {295808810}! regard of the Executive in to the allcced idnnppinl of colored persons in thesouthernStatesfor the purpose of sclling them as slavesin Cuba or elsewhere. TELEGRAPH TO THE PACIFIC.
Mr. GRIMES submitted the followmg resolution; which was considered by unanimous consent, and agreed to:, Resolved.That the SecyWar he directed to inform the Senatewhether he or any other Officer or person by his order or under his adVicc, has granted any right or title to any personor persons or any corporation to construct and o crate a line of magnetic telegaph from the city of h NewOrleans to the city of Sun ranciseoor elsewhereon the Pacifice onst of the U.S.: and if so, to whom such right was granted or with whom such contract was made.at what time, upon what terms and condition and by what authonty sueh rightwas granted or such oontract m e. JOSE SERAFIN RAMIREZ. On motion of
Mr. HARRIS, the bill (S.No.173) to confirm the title of Jose Serafin Ramirez to certain lands in NewMexico, was read the 2nd time, and considered as in ComWhole. It proposes to confirm the grant to Jose Serafin Ramirez of the Cafion del qua, as approved by the surveyor general of NewMexico January 28, 1860, and desig natedas number 70 in the transcript of private land claims in NewMexico, transmitted to Congress by the SecyInterior January 11, 1861, with a proviso that this confirmation shall only be construed as a relinquishment on the part of the U.S., and shall not affect the adverse rights of any person whomsoever.
Mr. JOHNSON. What is the necessity of this bill?
Mr. HARRIS. It is under the treaty ceding NewMexico to confirm a grant from the Mex ican Government.
Mr. CONNESS. I should like to inquire of the honorable chairman of the ComPrivLandClms whether the grant proposed to be confirmed by this bill has been ascertained by him and by the authorities of the U.S. to be a perfect grant on the part of the Government of Mexico. This mode of confirmation of private grants is one that has not been taken generally; and unless the case has been very closely examined, and the Senatpr is able to say to us that it is a perfect grant on the part of the Mexican Government, I should be unwilling that the bill should pass.
Mr. HARRIS. I have examined this case with great care, and am satisfied that the claim is just. This tract of land was granted to the applicant by the Mexican Government, in due form, accordingto the laws and usages of Mex ico and S ain. He was put in possession of it, and has been in possession of it ever since; he was in possession of it at the time NewMexico was ceded to our country. Under the law of 1854, requiring these grants to be examined by the surveyor general of NewMex ico, roo was taken by the surveyor general of.t NewMexico, and he made a report of it, the concluding clause of which is as follows: “The grant to the lands situated at the Canon del Aqua was madeaccording to the laws in existenceat the time it was made. It is proved to have beenin the quiet and undisturbed possessionof the applicant from that date up to the presenttime. it is fully cov ered by the treaty of guadalupe lIidaIgo of 1848. It is therefore approved, and respectfully transmitted for the action of Congressin the premises." This is in precise accordance with the act of Congress, passed in 1854, in relation to such claims.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. BONDED wAHEHOUSES.
Mr. CONNESS. It will be remembered by the Senate, Mr. President, that there was amotion pending for the reconsideration of the bill relating to warehousing goods, and that it has been pending in this bod now for 6 or 8 weeks or thereabouts. stated once before to the Senate that when the bill had passed both Houses I, in accordance with the wishes of mer cantile men at SanFranciseo, telegraphed the entire billas having passed both Houses. subsequently there was a motion entered to reconsider which has been discussed at considerable length, but at considerable periods of time apart; and I now move that the Senate take up the consideration of that motion and that we have a vote upon it. It has been sufficiently discussed. I have not undertaken to say anything on the subject myself, although I will state that the bill is one of great importance to the people that I in part represent, that in the absence of it every year since I have been in the Senate we have been called upon to pass special acts to meet the difficulties that arise and which this is proposed to meet generally. I do not desire to prolong remarks upon the subject, but hope the Senate will take it up and take a vote on it.
Mr. HOWE. If my friend will indulge me, I want to make a few remarks by way of personal explanation. The President protempore. Does the Senfrom California withdraw his motion for that purpose tem orarily?
Mr. CONGRESS. Wes, sir. PERSONAL EXPLANATION.
Mr. DOOLITTLE. My colleague will allow me to state that in that connection I asked, if we admitted 2 from Canada, what could the House do about it? But Isaid subsequently it would be revolutionary for us to admit Senators from Canada, but the other House could not do anything about it, nor could the President. That was my point.
Mr. HOWE. Let me read the question which I put to my colleague and the answer: "Mr. Hows. I wish mycolleaguewould enlighten me upon one point. Suppose the same Legislatpro elects 2 Senators each of whom has the age, citizenship, and residenceprescribedby the constitution: do I understand him to say that we can reject one of them and accept the other?
Mr. Doourrut. Isa that this bodyhasabsolute power over its members ip and from its decisions there is no appeal. If they decide right or if they decidewrong. you are without remedy; there is no a pen]. If 2 gentlemenwere to comehere from pper Canadaandelaim that theyhad aright toseats in this bodfi, if we admitted them the House could not help t ourselves, nor the President either. nor the SupremeCourt, We are just that independent of all of them." So then it amounts to just this: my colleague insists that iftwo gentlemen come up here from Georgia, elected by the same Legislature, having the some qualifications, we can admit one of them and reject the other just as well as we can admit 2 Senators from Canada. Upon that point, thus stated, I agree with him, and so I do not feel any more demolished than I an pose the Constitution of the U.S. fee s.
Mr. DOOLITTLE. As a matter of course I do not desire to enter into any discussion with my colleague on this matter of personal explanation. The point I was making was that there were some Senators who contended that it was necessary that we should have the point action of the 2 Houses or some kind of legislation before we could proceed to judge upon the elections of Senators to this body from these States. BONDED WAREHOUSES.
Mr. CONNESS. Senators who have had so much time to make themselves understood upon the proposition debated by the Senators from Wisconsin, it appears to me, are hardly excus able for occupying the morning hour upon it. I now renew my motion to take u the bill (H.R.No. 135) to extend the time tor the with drawal of goods for consumption from public store and bonded warehouse, and for other purposes, which is pending on a motion to reconsider.
Mr. SPRAGUE. I desire to ask the Senfrom Maine whether he intendsto press the consideration of the constitutional amendment this morning.
Mr. FESSENDEN. Iwas just aboutto call the attention of the Senate to that matter. It has been understood that the Senfrom Delaware [ML SAULSBURY] desires to speak upon that question. He is, however, quite unwell today, and desires that it may be post poned until tomorrow, saying that if he is not ready to proceed tomorrow he will not ask the Senate to delay on his account. I feel, in such a case, not disposed to press a Senator under those circumstances; but I wish to inquire whether there are any other gentlemen on either side of the House who desire to address the Senate on that question and are ready to do so. If so, we may as well occ upy the time in hear in them. It
Mr. POMEROY. If the Senfrom Del aware is not prepared to go on, there are other Senators who would like to occupy the time today or at an early day.
Mr. FESSENDEN. Very well, then, I shall call up thatquestion.
Mr. CONNESS. Ihope it will not be called up for a few minutes until we can get a vote upon the proposition to which I have directed the attention of the Senate.
Mr. FESSENDEN. If there is to be no lengthy debate on that subject I do not insist upon callin up the otherquestion now.
Mr. CONNESS. I thin there is no disposition to debate it unless the honorable Senfrom RhdIsland wishes to make another speech, and I think he has discussed it at sufficient length; but that is for himself to deter mine. I trust that he has said all that he wishes to say, and that we shall soon come to a vote upon it. I desire to say to the honor able Senfrom RhdIsland that it is a measure in which we feel as eat an interest as he can, and we are entitlecfrto a vote upon it. If the Senator has anything further to say of course he will proceed; but I hope we shall havma vote this morning.
Mr. SPRAGUE. I consider it my duty to fight this measure step by step under all circumstances and upon every occasion, to antag onize it with an measure which may be before the Senate. I now of no other way when it is presented here than to express my disap ro bation of it in every sense, and I accumnate hostilit as often as the measure is postponed, and I have new reasons for opposition every day that I give reflection to the subject. I am not willing that the measure shall be presented to the Senate at any time without exressin my disapprobation and recalling the i eas an views I exressed on a former occasion. I do not mean that they shall be forgotten if I have voice enough to exress the hostility I feel for the measure, and shall occupy the floor as long as I have ideas to express or memory to bring them forward, whenever the measure is taken up for consideration, whether this morning or tomorrow morning or the next day. But I do hope the Senate will take time for the consideration of this question and that it will not simply give it a minute or 5 minutes of the morning hour, but will assi to it some particular portion of the week when it may receive the consideration of Senators. Each time that it has been discussed Senators have been desirous of expressing their views; there is a hostility to the measure entertained by senators who have reflected longer and more wisely on the subject than I can ever expect to do, and they have been cut off from giving their opinions to the Senate. I trust that it will not be taken up unless there is a disposition to give it time.
Mr. CONNESS. Mr. President the PRESIDENT protempore. The morning hour having expired it becomes the duty of the Chair to call up the special order.
Mr. conNESS. I move that the special order be temporarily laid aside until we can get a vote on the measure to which I have called attention.
Mr. CONNESS. I shall not ask forits consideration all day. It certainly is hardly fair that after the honorable Senfrom RhdIsland has occu ied as much time as he has he should expect the Senate to delay coming to a vote upon a measure that has been pending for 6 or 8 weeks. I am, I confess, astonished at the position taken by the honorable Senator this morning. He certainly should not be concerned to give other Senators an to express their views; that opportunity is for them tode termine, he having said all that he desired to so on the subject himself. I listened to him wi great care and interest. I hope we shall now take the vote.
The President protempore. The special order can only be laid aside by common consent. Ifa motion is made topostponc the special order and all other orders and proceed with the measure referred to by the Senfrom California, the Chair will put the question on that motion. If there be no objection, however, the special order may be laid aside informally.
Mr. CONNESS. I make the motion to lay aside the special order not with the intention of antagonizing this measure to the proposition for the amendment of the Constitution, in regard to the consideration of which I feel as deep an interest as any Senator can 3 but it is palpable to the Senate that if it is to be its conceded policy that one objection is to prevent the passage of a bilbve may as well adjournt I hope the Senate will agree to put the special Order It may take all day, Over for a short time until we come to a vote on the reconsideration. I have nothing to say on the subject; I shall occupy no time upon it. The honorable Senfrom NewYork has addressed the Senate in defense of the bill, and I presume he desires to offer no additional views on that subject.
Mr. MORGAN. I am entirely willingto have the question taken without any discussion, unless there be more discussion on the part of those who are opposed to the measure. It was reported from the ComCommerce with the unanimous a proval of that committee; I do not care to discuss it any more unless debate comes from those who are opposed to it.
Mr. CLARK. I hope the Senfrom California will not push his motion to postpone the special order at this time. Apart from the general consideration of the importance of the amendment to the Constitution, there are some special reasons why it is desirable that it should be proceeded with. I ask him why he will not let the motion to reconsider lie until the moming hour tomorrow, so that we may go on with the debate on the constitutional amendment?
Mr. FESSENDEN. I hope the Senfrom California will take that course.
Mr. CONNESS. If we can have a vote then I shall do so with great pleasure. My simpledesire is to get a vote on a subject about which Lfeel that the people whom I represent are deeply concerned). lpfecl, indeed, that that right is as complete as the right of the honorable Senfrom RhdIsland to dela it by objections afterhe has occupied time in discussion. yield, however, to the suggestions of honorable Senators and withdraw my motion, giving notice that shall call up the question tomorrow morning. BASIS OF REPRESENTATION.
The PRESIDENT o tempore. The special order is the Jtresolution from the HoRep (H.R.No. 51) proposing to amend the Constitution of the U.S.
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The question before the Senate is on the amendment offered by the Senfrom Missouri[Mr. HENDERSON] to the amendment proposed by the Senfrom Massachusetts, IEMr. Suxxnnj which will be read.
The Secretary read the amendment to the amendment, which was to strike out all after the Mud “that.” in the amendment and to insert the following in lieu thereof: The followin: article he proposedto the Legislatures of the severalStatesas an amendment to the Constitution of the U.S. which. when ratified by 3/4ths of said Legislatures shall be valid to all intents and purposes as a part of thesaid Constitution. namely: ARTICLE 14. No State. in reseribing the qualifies. tioniireouisite for electors t icrcin shall discriminate against any person on account of color or race.
Mr. FESSENDEN. If there is no other Senator who is disposed to speak upon this resolution todny, in accordance with the understanding I suggested this mornin in regard to the Senatar from Delaware, [fin SAULS auar] I move that its further consideration be postponed until tomorrow and be made the special order at one o clock. If, however, there is any Senator presentwho is prepared to speak upon it today, I would prefer that he should go on now. The motion was agreed to. SEARCH FOR MISSING SOLDIERS.
Mr. WILSON. I move to take up Senate JtResolution No. 86. The motion was agreed to; and the jointres olution (S.R. No. 30) providing for expenses incurred in searching for missin soldiers of the Army of the U.S., an for the further prosecution of the same, was read the 2nd time, and considered as in ComWhole. Miss Clara Barton having, during the late yvar of rebellion, expended from her own resources large sums of mone in endeavoring to discover missing soldiers of the armies of the U.S., and in communicating intellience to their relatives, the resolution there ore appropriates the sum of $15,000 to reim burse iss Clara Barton for the amount so expended by her, and to aid in the further prose cution of the search for missing soldiers; and the printing necessary in the furtherance of that object is hereafter to be done by the public printer.
Mr. WILSON. There is a report accompanying the resolution which I should like to have read.
Mr. GRHIES. It is not necessary to read the report.
Mr. WILSON. Very well; I will not ask for its reading.
Mr. TRUMBULL. I should like to hear the report read. This resolution makes an a apro priation of $15,000, and I should like to now upon what grounds it is placed.
Mr. NESMITH. I was not present in the committee when this resolution was under consideration, and I beg to inquire of the chairman whether any voucher or evidence has been pre. seated of the expenditure of the money which is proposed to be reimbursed by this JtResolution, and what guarantee is to be taken for its proper disbursement hereafter.
Mr. WILSON. Miss Barton has spentseveral 1,000 dollars in this work. I have here the 2 lists that have been printed and circulated over the country. There are several 1,000 letters now on hand which she is not able to answer on account of the want of means to hire clerks to do the vast amount of correspondence that this effort of hers has imposed upon her. She has s ent in this work already several 1,000 dol ars of her own money; $7, 900 has already been expended, with over a year of toil and work on her part, and a great deal of contributions made otherwise by persons who helped to do the writing. This appropriation is not so large as persons who have examined the subject very carefully desire. They thought that it ought to be $20,000 or $25,000. The committee put it at the lowest possible sum, supposing that if that would not finish it, at some future time a.small additional appropriation might be made. I think, however, that this $15,000 will complete the work.
Mr. NESMITH. I do not desire to be understood as interposing any obstacle or objection to the resolution. I simply made the inquiry for information. It was my own fault that I was not present when the resolution was considered by the committee.
Mr. GRIli ES. I did not understand the Senator as o osing it.
Mr. NESLITTH. Certainly I should be the last Senator to interpose any objection to the accomplishment of so laudable an object as this. My simple object was to ascertain whether there was any guarantee for the properdisbursement of this money. The JtResolution was reported to the Senate without amendment, ordered to be engrossed for a 3rd reading, read the 3rd time, and passed. WINNEBAGO RESERVATION IN NEBRASKA.
Mr. DOOLITTLE. I move to take up Senate bill No. 121. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.121) to provide for the enlargement of the Winnebago reservation, in the Territory of Nebraska, and other purposes.
Mr. DOOLITTLE. The ComIndAffrs have reported a substitute for the entire bill, and I suggest, therefore, that the substitute only be read. The presDING OFFICER. That course will be taken if there be no objection.
Mr. RAMSEY. I should like to inquire of the chairman of the ComIndAffrs whether this appropriation of $60,000 is to be taken out of the Winnebago fund realized out of the sale of their lands in Minnesota?
Mr. RAMSEY. The whole reservation was ordered to be sold for their benefit, and I imagine that would yield a fund sufficiently large to purchase any land they may requirein their new reservation.
Mr. DOOLITTLE. What the honorable Senatorsays may be true, and yet it is notjust to the Winnebago Indians. he Winnebago Indians were not engaged in that war in minnesota. They were peaceable and had no part in the massacre; but the Government of the U.S. compelled them in fact to leave the State of Minnesota, to give up their choice lands on the Minnesota river, many of them having good farms and good houses. They were "Minted to go or pressed to go by assur ances on the part of this Government that their removal should be at our expense and not at theirs. We took 1800 or more of them up on the Missouririver, and although we promised them that they should have just as good lands as they had in Minnesota, it is the truth (and I say it in shame and sorrow) that the lands to which we took them are bar ren. Many of the Indians suffered and almost starved, and the Government was compelled to take them away from the reservation on the UpperMissouri, and permitted them to come down on to the Omaha reservation, where they have remained. It is but a matter of justice that we ourselves should pay that expense and not take it out of the fund which belongs to these Winnebago Indians. That was the sentiment of the committee, and that course is strongly recommended by the Interior Dept and is enforced by the facts which are stated in the report of Mr. Taylor, the superintendent of Indian affairs, which accompanies the papers. I would read from his report, if it was not taking up too much time of the Senate, a briefstatement oftbe facts. I say to my honorable friendfrom Minnesota, that in this case, inasmuch as the Indians were not at war and yet we ressed them to go under the circumstances, with)such assurances as were made, it is injustice to this feeble band of people if we insist that the exease of all this must come out of their fund. hat is my judgment about it, and that is the judgment of the committee.
Mr. RAMSEY. Whisky and horses, but horses especially. Give them 1,000 horses, and in 12 months there will not be one of themleft.
Mr. DOOLITTLE. I think my honorable friend misapprehends the effect of this section. It does not propose to give them any money at all.
Mr. RAMSEY. But to leave in reserve a large amount of money which they will receive in some other share.
Mr. DOOLITTBE. It gives the interest to the Winnebagoes.
Mr. RAMSEY. I do not think it would be any kindness to them to save them this $6,000 or annum and take it out of the Treasury to liuy this land. It will be just as kind to them to take the money from their own fund and buy the land; and if the necessities of the Winne bagoes should at any time require, the Government can take this amount O money out of the Treasury and contribute it to their relief. I do not know that they are in a condition at this time to require it; I do not think they are. What amount does this purchase comprehend, I should like to know? There are but 1500 or 1600 of these Indians altogether.
Mr. DOOLITTLE. I have before me a map sent down here from the Interior Dept which the Senate can look at. While my honorable friendfrom Minnesota is examining the map, I will call the attentionpf the Senate to some facts. These Winnebagoes, when they were removed from their lands in Minnesota, went with the assurance of the Government that they should be removed to lands where they could earn their living, and that assurance entirely failed. They have been fed out of their own fund, using up, exhausting their fund in order to support them, when we promised that they should be removed at our expense and placed upon good lands where they could make their. living and not eat up and exhaust their fund. I think it is a very great hardship if we do not carry out this part of the arrangement at least.
Mr. RAMSEY. Will the honorable chair man inform me whether the expense of their removal from Minnesota to their new reservation in Nebraska was paid by the Government or was a charge upon the Indian fund? If it has been a charge upon their fund, of course it ought to be reimbursed to them.
Mr. DOOLITTLE. I understand that the expenseof theirremoval came out of their fund; an the expense of their being fed while out in this barren country on the upperMissourihas come out of their fund; and their fund being exhausted in that way, is the very reason why the Dept urge that we should put this $100,000into the Treasury to their credit, giving them the interest of it. I think it is clearly a case of justioe.
Mr. AMSEY. It is very singular that the Government of the U.S. should have taken these Indians without their own consent and removed them and made the expense of the removal a charge a on themselves. Of course if the chairman of the committee says so. It must be so, but it seems to me very “fang.
Mr. DOOLITTLE. I have before me a brief history of the facts which if it is not trespassing too much on the time of the Senate I will read.
Mr. DOOLITTLE. It is from the superintendent of Indian affairs.
Mr. RAMSEY. The reservation in Minnesota must have comprised nearly 300,000 acres of land. such land is selling at from 2 to 5 dollars an acre. It must yield them more than 500,000 dollars. There can be no imropriet on the part of the Government in asing oft ese Inv dians to pay for thisnew reservation. Of course the expense of their removal from Minnesota to their new reservation in Nebraska ought to be borne by the Government, but for myself I should like to inquire whether or not this has been done before passing on this matter. The sympathies of the Senfrom Wisconsin are perpetually drawn out for these Indians when ever their removal is spoken of. He ought to remember that in the year 1832 they were removed from Wisconsin just as violently as they have been from Minnesota. Theywere taken from Wisconsin and carried into Iowa in 1832, and they have had 3 or 4 removals since then. fhey were then removed from the counties just immediately in the rear of the Sea ators town. The amendment was agreed to. I
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was orderengross for a 3rd reading and was read the 3rd time.
Mr. HOWE. Before the bill is passed, I wish to ask my colleague, the chairman of the committee, if he knows what portion of the lands which the bill proposes to set aside for the use of the Winne ago Indiansz have been urehased and are now owned by individuals. how much will the Government have to purchase?
Mr. DOOLITTLE. Here is the map furnished by the Dept with the names of the persons claiming any portion of theselands.
Mr. GRIMES. I should like to have that question answered, and I should like further more to know how much land it is proposed to set apartfor the Winnebago Indians.
Mr. HOWE. I see that it is 34r sections, or about 22,000 acres.
Mr. liOOlillTliFi. It is rather difficult for me to explain in words, without looking at the map, the situation of this land which is proposed to be added by the Government to the reservation which has been obtained for the Winnebagoes. The reservation is bounded on the east by the Missouririver. The Government proposes to grant the sections named in the bill, 34 sections which are represented on the map. In a portion of the country there are some private individuals who have gone in upon the and s. The prdposal is to purchase out the claims of these individuals up to acertain lake which is called on the map “Fish Lake, ” which abounds in fish. They will have the control of this section Without. an whites in their neighborhood.
Mr. COWAIT. This is to give them a lake to fish in.
Mr. GRIMES. I am willing to give them the lake. but I do not want to buy the land.
Mr. DOOLITTLE. I will read from the printed document which I held in my hand on the subject the report of the superintendent of Indian affairs, upon which the recommenda of the ComrIndnAffr and the SecyInterior is based.
Mr. POMEROY. The present Secretary or the former Secretar?
Mr. GRIMES. It is not the SecyInterior, but the superintendent of In ian affairs who makes the recommendation.
Mr. GRIMES. There is no doubt in the world I have no controversy with the Senator on that subject that he has thrown sufficient guards around the expenditure of this money, provided we see fit to appropriate it; but my controversy with him is on the question whether we ought to appropriate it; whether we ought to buy farms 9.ready improved for the purpose of transferring them to the custody of ndians whom we know never will cultivate them; whether we shall break up settlements in a ris1ng and prosperous territory for the purpose of turning them over to Indians. If you do it, in the course of 3 or 4 years you will want to purchase them out and send them still further est. Is that justice to the Territory of Nebraska? Judge by What your experience has already been With some of these Indians; and such has been your experience with every tribe. They have been drifting from one State to another. The Winnebagoes were bought out and sent only a few years ago to Wisconsin; they were then bought out at enor mous expense and sent to Iowa. Then they were bought out at still greater expense and sent into Minnesota. Then they were bought out only a few years afterwnr and sent to Dakota where you have given them several million acres of and, vastly more than they can ever use. Now, you propose in addition to that, at this particular time, to put your hand into the Treasury for the purpose of drawin out $60,000 more with which to buy imrove farms occupied by white settlers in Ne raska in order to transfer them over to the barbarism that these Indians will plant upon that soil where now civilization reigns. am opposed to it, and in the name of the people of N chi asks. I protest against it.
Mr. POMEROY. The course of the government to this tribe of Indians has been a very sore question to all who have had any knowl edge of it. Under a great clamor, and for some good reason, the people, of Minnesota insisted on having them removed. I had occasion to see some of them; I have seen them once or twice since, and it is the sorest subject of anything that has been transacted in the Indian Dept. They were taken out on the edge of Dakota, near the Missouririver, to a place where nobody can live. They had a rightto complain. They did complain. Man died, and the rest would have died if they ha remained there. They are now on the Omaha reservation, where they have been placed as an act of mercy to save them, and if our bowels of compassion are not shut up and closed forever we ought to begin to do something for this tribe under these circumstances. I suppose the reason it is proposed to buy out a few settlers there is that if e are left there they will be selling whisky tot e Indians and complete the degradation that has already begun. The object, as I understand, in buying out these few settlers is to have it clear and entire for this tribe. I do not believe we ought to resist the passage of this bill.
Mr. DOOLITTLE asked for the yeas&nays, and they were ordered; and being taken resulted yous 30, nays 8; ABSENT 11. So the bill was passed. MISSOURIMILITIA EXPENSES.
Mr. BRO WN. I will state for the information of the Senate that this is a bill which has already been twice passed by this body. It was passed at the last session of Congress in the same terms and language with the bill now before us and went to the HoRep, and failed there, owin to a misapprehension on the part of the Mi ita Committee that a previous provision hadalrea y been made to cover the expenses incurred. It was subsequently reported by the ComMilAffrs, and placed as an additional clause to the miscellaneous appropriation bill, added to it on the last night of the session; but that bill itself failing, of course this appropriation failed also. The bill is, as it states, for reimbursing the State of Missourifor moneys which were actually expended in subsisting, paying,and e nipping troops who were in the service under a cers of the U.S. I ask the Clerk to read the report which comes from the military Committee in connection with this bill.
Mr. HENDRICKS. I want to inquire of the Senfrom Missouriwhether these expenditures are of a peculiar character, different from the expenditures made by other States, so that the State ought to be relieved by a special act, or whether, upon the other hand, these expend itures are not like the expenditures made by other States, and whether all the States ought to be provided for by a general act.
Mr. BROWN. think that the circumstances are different in this case, althoughI am not fully apprised of all the facts which relate to the furnishing of troops by other States. In this case and in this State the force became virtually a art of the U.S. force, was continued for a long time in the U.S. service, and in so far answered in the stead of U.S. troops. Again I will state that the circumstances attending the financial condition of the State render it eminently properthat some action shall be had now. I have no objection to any claims which may be presented from any other State properly authenticated and properly revised, and shall be very glad to have them audited and paid; but I do not think that forms any reason wh we shall not consider a case that has alrea ybeen passed upon heretofore and which affects very seriously the finances oi my own State. We are laboring there under a condition of affairs which renders it almost impossible to obtain taxes enough to carry on the government, and unless we can ct relief in this matter we shall be impover ished in the future.
Mr. FESSENDEN. I do not knew that this is not very necessary, but it strikes me that a bill which appropriates nearly 7 million dollars cannot be taken up at the heel of the session, late in the afternoon, and considered in the way it ought to be. I do not know but that the bill is all right, but as there iIs, understand, a desire for an executive session, I suggest to the Senfrom Missouriwhether we may not as well have an executive session leav in this bill to come up tomorrow morning.
Mr. BROWN. I have no objection to that, and then this bill will be in order tomorrow as the unfinished business. EXECUTIVE SESSION.
Mr. FESSENDEN. I move, then, that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spentin executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Moran, March 5, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of Saturday last was read and apprloieveSdP. EAKER announced as the 1st business in order the call of States and Territories (commencing with the State of Maine) for the introduction, on leave, of bills and JtResolutions for reference, and not to be brought back by a motion to reconsider. GUARANTEE OF MEXICAN BONDS.
Mr. WOODBRIDGE. I desire to introduce the following JtResolution, that it may be relened to the ComForAffrs, and ordered to be printed: Whereas the people of the Government of the U.S.A. are not indifferent to the patriotic struggles of the people of Merico to establish and perpetuate their RFG: and whereas the said republic of Mexico. through its duly authorized agent is aboutto issue 50,000 bonds of $1.000one i, datedAprill 1866 with interest conpons attached.payable at the city of NewYork. in gold coin, the principal after 30 years and the interest semi annual yat the rate of 7%. perannum, each of which bonds is to or the signa ture of the reister appointed by y his cellency M. Romero. the ul recognized minister from the said regbho: There ore. a rewlaed. dre. That payment of the aforesaid loan of $0,000,000 with the interest thoreon. according to the tenorof said bonds.be and the samp hereby is, guarantied by the U.S.A.
The SPEAKER. The only objection that can be made is objection to granting leave for the introduction of the JtResolution.
Skip Skip The SPEAKER. The question then is, Shall leave be granted? On the question there were ayes 30, noes 20; no quorum voting. The SPEAKER, under the rule, ordered tellers, and appointed Messrs. Woonnaimflz and Bums. Mr. SCHENCK. As I understand, all the Gentfrom Vermont asks is that the resolution be introduced, referred to the comForAffrs, and ordered to be printed. Mr. WOODBRIDGE. I have already so stated. Mr. BLAINE. I object to the 1st step looking toward the object which this resolution contemplates. The House divided; and the tellers reported yeas 40, noes 26; no quorum voting. Mr. BLAINE. Mr. Speaker. if it is cometent for me to withdraw my objection. I will O so, as I do not care to divide the House. Mr. ASHLEY, of Ohio. I demand the yeas&nays. The eas&nays were ordered. Mr. INCK. I move that the resolution be laid upon the table. The SPEAKER. before the House. The question was taken; and there were yeas 64, nays 64, not voting 55; Durine the vote, Mr. TTIAYER stated that his colleague, Mr. Moonnsan, absent by leave of the House, would be absent for 4 days; and that he was paired with his colleague, Mr. RANDALL. The SPEAKER voted in the aliirmative. So the JtResolution was introduced, road a 1st and 2nd time, and referred to the ComForAffrs. YENSION and PROVOST MARSHALS BUBEAUS.
Mr. BANKS introduced an act to provide for the consolidation of the Pension and provost Marshals Bureaus; which was read a 1st and 2nd time, and referred to the ComMilAffrs. conomm MINISTRY.
Mr. BALDWIN introduced an act to incor porate the national association to educate colored m n for the Christian ministry; which was read a 1st and 2nd time, and referred to the ComDistCol. NATIONAL CURRENCY.
Mr. MILLER. I ask leave to introduce a further supplement to an act entitled “An act to provide a national currency secured by ledge of U.S. bonds, and to provide or the circulation and redemption thereof.”
Mr. ASHLEY, of Ohio. Iask that the proposition be read.
The Clerk read as follows: A further supplement to an act entitled “An act to royide a national currency secured by the U.S. debmonpdtiso.annthdetroeo provide for the cir u Be it Resolved by the Senate and HoRep of the U.S.A. in Congrcsa assemble. That where Government bonds have been and may hereafter be transferred and delivered to the Treasurer of the U.S. in accordance with the law now in force.the associationmaking the same Ihall be entitled to receive from the Comptroller of the Curr ency circulating notesof different denominations in blank. registeredand countersigned as by law now provided. The amount of such circulating notes to be fur rushed to caeh association shall be in proportion to its paid up capital, as follows: To eachassociation whose capital does not exceed 200,000 dollars. the amount of the par value of the bands sotransferred and delivered to said Treasurer. if bearing on interest of not less than 5%. perannuin: to each association whosecapital exceeds 500,000 dollars, but not over one million dollars. 90%. of such capital: to each association whose capital exceedsoncmillion dollars. but not over 3 million dollars. 85%. of such on ital and to each associationwhosecapital exceeds1 recmillion dollars. 70%. of such capital. Sips. 2. That so much of lawsheretofore passed as are inconsistent with the preceding section be and the someis hereby repealed.
Mr. PRlCE. I object to the introduction of that bill, and contains a provision which ought not to be adopted by this House.
Skip Skip Mr. ASHL Y, of Ohio, demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yells 17, nays 114, not voting 62; So leave was not granted for the introduction of the bill.demanding the adoption by NAVIGATION and TRANSPORTATION COMPANY.
Mr. McCULLOUGH introduced a bill to in corporate the Potomac Navigation and Traps portation Company of the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. increase or DUTIES.
Mr. BUNDY introduced the following preamble and JtResolution; which were read a 1st and 2nd time and referred to the ComWays&Means: Whereas questions connected with the tie called reconstruction ofihc Government have hitherto engrossed so much of the time and attention of the pros ent Congressasto excludefromits deliberations matters more particularly pertaining to the financial interests of the country; and whereas the unprecedented importations offoreigii manufacturesinto the U.S. within the last 2 months cause serious embarrassmentstothe reductive interestsof the country. threatening the u timate destruction of important branchesthereof. the rapid accumulation of an overwhelming foreign debt. involvmz a large exortation of coin and ends to pay the same and a iiirire diminution in the receiptsof internalrevenue levied upon and paid by the aforesaid industrial in tercstsof the country; and whereas the largesumsof money necessaryto pay the current expensesof the Government.including the payment of the annual accruin interest on the public debt. are heavy burdens an taxes on the labor and capital of the people. Congress of alljudicious measures which will. so fares practicable.reli evethe people from burdens and at the same time stimulate and fosterall Deptsof industry and production: Therefore. Be it resolved by the Senate and HoRep "That until the end of 150 days from the passgreof this resolution or until congress shall soamen or modif the presenttariffofdu ties as that the interests of the whole peopleshall be more fully and perfectly protected appropriate legislation. 50%. of the rates of uties and imposts now imposed by law on all goods.Wares. mor chandisce and articles imported into the U.S. beaded bothepresentdutiesandimposts on the importation of such articles: Provniodievdeh. aried l. at printing paperunsized.usedforbooks and newspapers exclusively, shall be exempt from the operation of this resolution.
Mr. ROSS. I move to lay that resolution on the table.
Mr. HOTCHKISS introduced a bill for the reliefofEdward P. McKinney, late captain and asst cemmissary of subsistence; which was read a 1st and 2nd time, and referred to the ComClaims. RECENT ISSUE OF 5 CENT CURRENCY.
Mr. SPALDING introduced the following JtResolution; which was referred to the ComBanking&Currency: 1 Resolved by the Senate and HoRep "That the SecyTreasury be, and he is hereby. required to call in and suppress.Withoutun necessary clay. the recent issue of 5 cent notes. on which the head of a private indiVidnal appearsin place of that of George Washington.” represented on previous issues of that denomination. nd I, " it further relolveil. That henceforward no head or face or person shall be placedon any portion of the bondsor currencyof the U.S. without express designationby the SecyTreasury.
Mr. HOOPER. I ask that that JtResolution be act (1 upon now. The SPE K lt. That cannot be done under the rule. It must be referred under RECONSTRUCTION.
Mr. ROSS. Does not that go to the ComReconstruction?
The SPEAKER. The morning hour having expired that question cannot be mised now. TENNESSEE.
Mr. BINGHAM. I enteramotion to moon sider the vote by which the jomt resolution was recommitted. I now move that the memorial and accompanying papers, together with the testimony in relation to ennessee taken by the committee, be printed, and on that motion I demand the previous question.
Mr. BROOKS. Suppose there is objection to the [piano of the testimony?
The SPEAKER. The question Will be submitted to the House.
Mr. BINGHAM. I have called the previous question on the motion to print.
Mr. BROOKS. I call for the reading of the testimony.
The SPEAKER. The gentleman hasuright to demand it and it will be read.
Mr. wASHBURNE. of liliiiois. Unless the majority of the House should determine otherwise.
The SPEAKER. The House can at any time suspend the rules to dispense with the reading.
Mr. BINGHAM. I move to suspend the rules so as to dispense with the reading.
Mr. BROOKS. I raise the point of order that the gentleman cannot move to siis end the rules to dispense with the reading unti the reading has commenced.
Mr. BINGHAM. I move to suspend the rules so as to disense entirely with the reading.
Mr. BROOKS. How many motions can the gentleman make?
The SPEAKER. He can make as many motions as the gentleman can make points of order, having the floor to make them. This is an independent motion. The Gentfrom Ohio [Mr. BXNGHAM] moves the printing of the memorial, the testimony, and the accompanying documents. The Gentfrom NewYork [Mr. Buoons] objects and calls for the reading of the testimony. The Gentfrom Ohio then moves to suspend the rules for the purpose of diseasing with the reading.
Mr. LDRIDGE. Iheardno objectionmade. The Gentfrom NewYork called for the reading of the testimony.
Mr. BROOKS. I merely called for the readin.
The SPEAKER. He had a right to demand the readin, but the Gentfrom Ohio moves to suspen the rules so as to dispense with the reading.
Mr. BROOKS. I want the record made right. I do not now know whether I should object to the printing of those papers or not, because I do not know what they contain.
The SPEAKER. The Chair so understands, and sustained the gentleman in his right to demand the readin of the evidence under the rule; whereupon the Chair ordered the Clerk to commence the reading. Thereu on the Gentfrom Ohio [Mr. BINGHAM move to suspend the rule giving a member the right to cal for the reading of a paper, which he had the right to do. The question was then taken upon suspend ng the rules, and upon a division there wereayes 117, noes not counted. 2/3rds voting in the affirmative. the rule allowing a member to require the reading of a paperwas suspended. "he motion of
Mr. BINGHAM, that the me morial, accompanying papers, and testimony be printed, was then agreed to.
Mr. ROGERS. I ask leave to present a short minority report. which I ask to have read.
Mr. WASHB ENE, of Illinois. I object to the reading of the minority report, but I have no objection to its reception. The minority report, submitted by Mr. Rou nns, was received and ordered to be printed.
Mr. WASHBURNE, of Illinois. desire to state that the Gentfrom Massachusetts [Mr. Borrrwnufjx and myself dissent from the report of the majority of the JtComReconstruction. We therefore ask leave to submit our views hereafter.
Mr. CONKLING. I move that each member of the committee be allowed to file his views hereafter upon this subject. The motion was agreed to.
Mr. SPALDING. I now move that the various minority reports which may hereafter be offered. under the order just offered;be printed for the use of this House. The motion was agreed to. ENROLLED BILLS SIGNED. Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled, Senate bills of the following titles, and the Speaker signed the same, namely: An act (S.No.93) to quiet the title to certain lands within the cororate limits of the city of SanFranciseo; on An act (S.No.142) for the relief of the heirs ofJames Bawdin. ADVERTISING FOR NAVY DEPT.
The SPEAKER laid before the House a communication from the SecyNavy, transmitting, in compliance with the resolution of the House of February 11, 1866, astatement of the amounts aid for advertisiu during the year 1865; which was referred to the ComPrintg, and ordered to be printed. SEA and LAKE COAST HABBORS.
The SPEAKER also laid before the House a communication from the SecyWar, transmitting. in compliance with a resolution of the House ofJanuary 29. 1866, the report of the chief Engineer in regard to harbors on the sea gnd lake coast wherepublic works have been ui t.
Mr. ELIOT moved that the communication be printed, and that the same be referred to the ComCommerce. The motion was agreed to. WAGON ROAD IN NEVADA.
The SPEAKER also laid before the House a communication from the SecyIn terior, in compliance with a resolution of the House of February 16, 1866, transmitting the report of Colonel James A. Sawyer, sufferin tendeut of the wagon road from Niobrara to Virginia City, of his explorations; which was laid on the table, and ordered to be printed. AGRICULTURAL COLLEGES.
The SPEAKER. The Chair asks the consent of the House to lay before it a communication, which will be read by the Clerk.
The Clerk read as follows: Sun or non-In Cancun“. Exscurivn Daranrnnitr RALEIGH, N. 0. Februarvfi. l866. Sm: I herewithinclose to you resolutions of the General Assembly of this State necgptinglands donated by the COucruss of the U.S. by not passed uly 2. 1862.entitled “An act donating public and s to the several States and territories which may prov ideschoolsfor the benefit of agriculture and they rug/chan ioartsie n bar cry respec u y your 0ion aorvau JONATHAN WORTH. Governorof NCarolina. Hon. SCHUYLEBEousin. Speakero/tlte HoRep.Washington.D. 0.
Mr. STEVENS. I object to the reception of that paper.
The SPEAKER. The question will thenbe taken upon receiving the paper.
Mr. Upon what ground does the Gentfrom Pennsylvania [Mr. Srnvnxs] object to the recetion of this paper?
Mr. STEVENSi I object to it because it is perfectly well known that at present we do not recognize the State government of NCarolina, and I hope we will be consistent in all resfier.ctEs.LDRIDGE. I call the yeas&nays upon the question of receiving the communication which has just been rea. The House divided; and there were nyes 25, noes 76. So (one 5th of the members present voting in the affirmative) the yoas&nays were or dered.
Skip Skip The question was taken; and it was decided in the negative yeas 38, nays 100, not voting 45; So the House refused to receive the communication. During the roll call, Mr. cKEE announced that his colleague, Mr. Swan, was detained from the House by Sickness. Mr. LAWRENCE, of Pennsylvania, stated that he had paired with his colleague, Mr. Ancoivii. Mr. DRIGGS announced that his colleague. Mr. LONGYEAR, had been iniperatively called awa. The result of the vote was announced as above stated. Mr. STEVENS mtRtv just taken; on the table. Agreed to. CONDITION OF THE TREASURY.
Mr. STEVENS, by unanimous consent. submitted the following resolution: Resolved.That the SecyTreasury be and is hereby.requestedto prepare a statementshowing the amount of money nowjn the U.S.lrom ury. including all sums in the hands of Asst Treasurers. of the national banks and all other do posiiarics. designating the amount in each separately and report the sameto this House.
The SPEAKER. This being a call for executive information, unanimous consent is iiecessar for its consideration at this time. Therecing no objection, the resolution was considered, and agreed to. PARDONS BY THE PRESIDENT, ETC.
Mr. STEVENS, by unanimous consent, submitted the followmg resolution: Resolved.That the President be requested. if not inconsistent with the public interest to communicats to this House the following information. to wit: to how many persons worth more than 820.000 each be has issued special pardons and what are their names:how much pronerty.rcal personal and mixed. which has been seized as forfeited to the U.S. under the act of 1862.as enemies property. has beentaken from the officers of the U.S and returned to the enemiesof the Government. who claimed to be the original owners; and to state whether the persons upon whom it was so bestowed had been soldiers in the army of the socalled confederate Statesof America or had been giving aid and comfort to such belligerent enemy. Resolved.That he be also requested to state how much abandoned property which had been taken possession at by the U.S. under the act of Congress, and had been allotted to the freedmen and roectcuurpniiendg by them.has been ordered to be restored to rebels and the occupants(freedmen) displaced. stating in both the above cases the particular property thus restored and by whose order the samewas done.
The SPEAKER. This being a call for executive information unanimous consent is necessary for its consideration on this day. There being no objection, the resolution was considered, and agreed to. BRITISH CLAIMS.
Mr. BANKS presented a letter from the SecyState in relation to a claim presented by the British legation; which was referred to the ComForAffrs, and ordered to be printed. EVENING SESSION.
Mr. BLAINE. I ask unanimous consent to submit the following resolution: Resolved.That on and after this date the House. until otherwiseordered. will take a recessdaily, or cept on Saturday. at fourand a half oclock p. m and reassembleat 7 and n half oclockp.m.: and that in addition to the mornin hour now provided for there shall be an mdditiona hour eachevening from 7 and a half to 8 and a half oclock, devoted to receiving reports from committees.to be called in regular order under the samerules and restrictions that govern the morning hour: and the hour thusset apart and the regulnr morning hour shall not be in terriipted by privileged questionsor reports until all the committees shall have beencalled once.
Mr. CONKLING. I trust that that resolution will not be adopted.
Mr. WASHBURNE, of Illinois. I object to it.
Mr. BLAINE. I move to suspend the rules. The House divided; and there were ayes 48, noes Bl. So (2/3rds not votin in the affirmative) the rules were not suspened for the introduction of the resolution. SHIP CANAL.
Mr. ELDRIDGE presented a JtResolution of the Senate and Assembly of the State of Wisconsin for a grant of land to aid in the construction of the Portage Lake and Lake Superior ship canal; which was referred to the comPubLands. INVALID PENSIONS.
Mr. PERHAM submitted the following resolution; which was read, considered, and agreed to: Resolved that the ComInvalidPensions be directed to inquire what further legislation is necessaryto prevent the transfer or assignment of the benefits of BDYIDOHSIOHto brokers or speculators. Also to inquire into the expediency of providing by law. that when an applicant for an invalid pensmn shall die while such application is pending and after the proofhas beencompleted, and leaving no Widow and no mine r child under the age of 16 years. his heirs or legaL representatives shall be entitled to receive the accruedpension to which the applicant would have been entitled had the certificate been issued before his death; that pensions be paid to officersor their dependentsaccording to the rank for which they were commissioned, when from unavoid able reasons they were not duly mustered; that in the administration of the pension laws the period of service of any personin the military serviceshall be construedto extend to the time of disbanding the organization to which such person belonged or until their actual discharge for other cause than the expiration of the service of such orgapipation, and to proVido that if any person in the militaryor naval servieeshallhavedied leaving a widowormine r child or children under the aeof 16 years, and said widow shall abandon the care of such child or children the peusion shallbe withheld from thesaid widow and be paid for the support of the said mine r child or children, and report y, bill or otherwise. RAILROAD and TELEGRAPH COMPANY.
Mr. PRICE introduced a bill for the organization of a company to construct a railroad and telegraph from Puget sound to the Columbia river; which was read a 1st and 2nd time, ordered to be printed, and referred to the comPacRailroad. CHANGE OF MODE OI" SURVEYING.
Mr. HENDERSON introduced a bill to authorize a departure from the established mode of surveying in certain cases; which was read a 1st and 2nd time, and referred to the ComPubLands. MILITARY ACADEMY AKPROPBIATION BILL.
Mr. STEVENS moved that the rules be suspended, and the House resolve itself into the omWhole on the state of the Union. The motion was agreed to. The House accordin 1y resolved itself into the ComWhole on the state of the Union, (Mr. Basnnnonn in the chair) and proceeded to the consideration of House bill 310. 37, making appropriations for the support of the Military cademy for the year ending the 30th of Iune, 1867. The bill was read.
Skip Skip The question being taken on the amendment of Mr. Scanner, it was agreed to.
Mr. SCHENCK. I offer another amendment, to insert at the end of the bill the following: For enlarging and improving the cemotery, and for repairing the inclosure thereof, 85 Among other matters examined into was the condition of the cemetery for the burial of those in the service of the U.S. who died at WestPoint or who are memorialized. We found it in an extremely dilapidated condition the fences down, and overrun with grass. An we found that there was no appropriation enabling either the walks to be repaired or the fences to be mended. It is be51des crowded at this time, being very small in extent, and it is thought properthat it should be enlarged. This is also in accordance with the recommendation of the Board of Visitors, made in their report. he question being taken on the amendment, it was agreed to.
Mr. SCHENCK. I offer another amendment in accordance with the same recommendation, to add the following; Forthe removal to a safeplace and the reconstruction of the magazine, $10,000. One word as to this. By a peculiaringenuity in the exercise of engineering skill, a former Superintendent of that Academy has placed the magazines just along side of the barracks of the soldiers station there, and upon the slightest accident the mischief will not stop with the mag azine, but must necessarily destroy the neigh boring buildin and whoever may be in it. It is considered, believe, by everybody connected with WestPoint, a triumph of engineering skill, so far as any prospective mischie is concerned, and I believe that is about the only general conclusion at which anybody has arrived in regard to it.
Mr. BROOKS. Is there any estimate from the Dept of the SecyWar for this?
Mr. SCHENCK. No, sir. The report of the Board of Visitors was sent into the War Dept, and has been communicated here with the papers nce ompaning the report of the SecyWar, which has been sent to be printed, but I do not know when we shall get it.
Mr. BROOKS. Was there any estimate of an engineer or officer connected with it? {In SCHENCK. Yes, sir; and I have put it below the amount of the estimate.
Mr. BROOKS. I was aboutto say thatI do not know but that this is all right. presume it is, but it is a very dangerous way to make an appropriation in an appropriation bill when, 1st, it does not come under the sanction of the ComAppropriat, and 2nd, when it does not come under the official au thOrity of the War Dept.
Mr. SCHENCK. will explain exactly the position of the matter. It is not in fault, nor, as far as I know, is it the fault either of the ComAppropriat or of any member of the House that we have not the material before us to legislate with a full understanding of this whole matter. The report of the SecyWar presents, among the accompanying pilipers, this report of the Board of Visitors to est Point, and the Board of Visitors, when they made their report, accompanied it with subordinate reports making estimates in record to these various improvements. All these oc uments were referred to the ComAppropriat, but, at the same time, they were ordered to be printed, and there is no other copy of the papers, so far as I know, excepting the original which has gone to the public printingloffice, and when they will return to us again 1 think no man in this House can sa. These papers will make a part of some large document, almost utterly useless at the time it reaches us, but. which we shall have for distribution among our constituents next year. For the practica purposes of legislation they are not here and are not likely to be. I can only sa, therefore, that in offering this amendment have gone under the mark, but this whole subject was inquired into and a report accompanied by estimates was submitte to the SecyWar.
Mr. STEVENS. That report never reached us in any shape. It was sent to the Public Printer and has never been before the ComAppropriat.
Mr. PAIN I. should. be glad to know from the Gentfrom Ohio [Mr. Scuss ex] the name of the engineer officer who wrote to the military Superintendent at WestPoint the letter to which he has referred?
Mr. SCHENCK. That letter, with the name of the writer, is amen the documents of this House, for I submitte the resolution calling for the correspondence. There can, therefore be no objection to my statin that it is General Delafield, the head of the ngineer co s. simply stated the general substance of therlztter, but the gentleman can see exactly what was written; the letter speaks for itself.
Mr. Scuss exs amendment; and it was agreed to.
Mr. SCHENCK. There were 3 or 4 other subjects brought to the attention of the Board of Visitors, but I believe I will confine myself to offering one more amendment; which is as follows: For veptilating and heating the barracks and other academic buildings, improvmf the apparatus for i0nogo, k}!!!for the cadets, repairing the hospital build 1 O including theintroduction of baths for the sick, constructionofwater closetsin the library build 3.andnewfurniture for thoracitation room.
Mr. WASHBURNE, of Illinois. It seems to me that that is pretty steep. I would like to have some exlanation ofit.
Mr. SCHENC. The Gentfrom Michigan, [Mr. DRIGGS] who was one of the committee of the Board of Visitors to whom this subject was referred, says that the estimate, which was very carefully made, was $80,000 for these purposes. I think that some sum certainly ought to be expended for these various objects, and there need be no apprehension about it. The money thus appropriated will be fairly, properly, and most economically applied by the present Superintendent at WestPoint, General Cul lum. I can vouch for his entire trustworthiness and discretion in regard to any expenditures which may be made by the Government to accomplish the objects intended by this amendment. Furthermore, I will as that the recitation room is in a most dilapi ated condition; and the provision made in reference to the sick in hospital, for want of baths, or access to water in any way, was complained of by the surgeon in charge; and the Board of Visitors were satisfied, from aclose inspection, that the complaints were just. The other inconveniences (for I have made the amendment very comprehensive) all exist; and it seems to us if you are to give efficiency to the conduct an management of the institution, it is absolutely requisite that these expenditures should be may e. I wish I had here the papers and the reports, not only of the Board of Visitors, but of the sub committee who, with the aid of engineers and by personal inspection, made the estimates which have been submitted. But I have not, for the reason I have already explained to the House. I have proposed the least sum reported by that committee as sufficient. I think the Gentfrom Michigan [ML DMGGS was a member of that sub committee I think its chairman. I propose this sum shall go as far as it may to accomplish something of these necessary objects. trust the Gentfrom Michigan will himself give some explanations of this subject.
Mr. RADFORD. I ask the chairman of the sub committee [Mr. DRIGGSl to state why they recommend $30,000 instead of the $20,000 substituted by the Gentfrom Ohio, [Mr. Scuss exj
Mr. DRIGGS. I will state in answerto the Gentfrom NewYork, [Mr. Ram ohm] that as chairman of the sub committee having charge of the investigation of the particular matters referred to by my friendfrom Ohio, [Ma SCHENCK] I found, and so did the committee, that the recitation rooms were very did lapidated, the roofs were leaky, the ventilation was bad, and the furniture deficient and it seemed to us that an appropriation to remedy these wants was mere y a matter of economy to the Government. After a most careful investiation, and a thorough inspection of all the Depts there, we recommended an appropriation, I think, of $30,000. understand that my friendfrom Ohio [Mr. SCHBNCK] has suggested the amount of $20,000. I can only add in this connection that I believe the sum of $30,000, under the supervision of General Cullum, will be exended for the benefitof the Government. this just and right and economical. Gentlemen will bear in mind the fact that it has been recommended that the number of cadets be increased to 400, instead of the present number. If that recommendation is adopted it will involve the necessity of further improvement, for the purpose of affording sufficient accommodation for them. But in order to protect the public property, it is now requisite that provision be made for repairing the roof of the building, procuring some new furniture, altering the ventilating appar atus, &e., which is embraced in the purview of the amendment of the Gentfrom Ohio, [Mr. Scunx ex. I think the amendment is just and proper, an Ihope it will be adopted.
Mr. RADFORD. I move to amend the amendment so as to make it $30,000 instead Of $20,000.
Mr. WASHBURNE, of Illinois. I hope that will not be done. If we give what the ComMilAffrs dairs ask, I think that is enough.
Mr. DRIGGS. I would suggest to my friendfrom NewYork, [Mr. Ranronn] that he better not press his amendment to the amendment.
Mr. RADFORD. Very well; I will with draw it. The amendment of Mr. Scimxex was then agreed to.
Mr. DRIGGS. I move further to amend the bill by adding the following: For the removaland enlargement of the Gas works, I am not in the habit of taking up much of the time of the House, but I will state very briefly that the present gas works are located immediately in the range of the battery, where they are liable to injury from the explosion of shells, &c. They are located upon a bi h hill, constantly requiring a great expense or the transportation of coal from the vessels at the dock up to the gas works. The works are in quite a dilapidated condition now, and the committee have deemed it necessary to recommend to Congress that a small appropriation be made to remove the works to the bank of the river, where the coal can be transferred immediately from the vessels to the gas works, and where the works will be secure from the explosion of shells, &c., in the experiments in artillery practice.
Mr. SPALDING. I would ask the gentleman how it. happens that these estimates were not sent in to t ie ComAppropriat by the SecyWar?
Mr. DRIGGS. Well, sir, the committee appointed? the President and SecyWar to visitest Point and make suitable recommendations were themselves puzzled to know why that was not done. They made a very extensive and laborious examination and in the recommendations embraced in their report to the SecyWar they included only the absolute necessities of the institution at WestPoint. When I learned that the recommendations made bthat committee had not been submitted to congress I called upon the Secretary, and he said that he had not had time to read the rert, and in fact had hardly seen it. I then ea led upon General Delafield and asked him to explain why the recommendations of the committee had been ignored. I said to him that it was useless for the Government to expend 5 or 6,000 dollars to send a committee to WestPoint if no notice was to be taken of their report. He said that he had not had the facts submitted to him, and had never seen our report. Now, sir, this committee have made certain recommendations; among others, one for the removal of the gas house at WestPoint to the bank of the river. The sum needed is very smallzdand I hope that the appropriation will in e.
Mr. WASHBURNE, of Illinois. Has there been no recommendation from the chief Engi neer or any officer of the War Dept in regard to the removal of these gal works? [him DRIGGS. I think not.
Mr. WASI IBURNE, of Illinois. Then I think we ought. not to make this appropriation.
Mr. DRIGGS. I think thatwe ought to make it; it is very much needed.
Mr. STEVENS. Have the Board of Visitors agreed upon this?
Mr. WRIGHT. Mr. Chairman, I believe I am as much in favor of that institution at WestPoint as an body else in this House. But as I have hadysome little experience in gas works on a small scale in my own estalr lishment, I should like to ask the Gentfrom Michigan this question: if these gus works were located improperly, who had the superintendence of the location, and are we obliged now to repair by large payments of money the faults O those who were presumed to be competent to determine the location for such works as those? I do not know whether these gas works are ordinary gas works, or whether the are such as I havein my own private house. but I think we ought to have some information as to why this error was not earlier discovered. There is, in my judgment, a great deal of gas involved in this question; and I think that the sooner the matter is ventilated the better.
Mr. DRIGGS. I will answer the Gentleman by sayingthatthis matterhas been reportedupon several times. 3 or 4 Boards of Visitors have recommended that an appropriation be made to remove those gas works to the bank of the river. I cannot account for the error in the original location; but an error, a very gross error, was committed. The necessity for a change in t respect was one of the 1st things to which the attention of the board was called by the present Superintendent, General Cullum and we were urgently solicited to recommen asmall appropriation to remove the works to the banks of the Hudson river. Let me add, Mr. Chairman that the exsenditure for this purpose is likely to be not ctrimental to the interests of the Government, but decidedly advantageous. The removal of coal and other necessar material from the river bank to the present ocation of the works costs almost as much annually as the amount of this appropriation asked for the removal of the works.
Mr. WRIGHT. The gentleman has not answered my question as to who was the Superintendent at the time the present location was made.
Mr. DRIGGS. General Boreman, I think, was Superintendent at the time when the works were located, though I am not sure as to that. But I know that General Cullnm, the present Superintendent, desires to have the works removed to the bank of the river. The expend iture proposed is not large. Any gentleman familiar with the location or construction of gas works must know that the appropriation proposed is very small. It is only an appropriation to pay for the transfer of gas works to the banks of the river; and I do not know it is necessary to multiply words on a subject so simple and necessary. I hope the vote will be taken, and the amendment will be adopted.
Mr. GRINNELL. I should like to save $3,000 in halfa minute; and I therefore move to strike out “6” and insert “ 3. ” An appropriation of $6,000 for the removal of gas works, when there is to be no expense for machinery, is preposterous. I think $3,000 is enough.
Mr. RADFORD. Mr. Chairman, I will say but a few words in opposition to the amendment. The reason why the locality of these gas works is proposed to be changed is this: since these gas works were erected upon the hill O large embankment has been taken down, the flats have been filled up with the material, and a arge extent of new ground has been made, sufficient for the erection of these works upon the banks of the river, If this removal be made, then there will be no further necessitfor hauling coal half a mile up hill; and have no doubt, in consequence, the Governmentwill save $1,000 a year in the item of cartage. That, I think, is a sufficient reason why these gas works should be removed to the banks of the river, where there is ample ground. There is enough room upon the docks for these gas works upon the banks of the Hudson river, so that vessels may come alongside and unload, and thus save the expense of cartage. 3000 dollars will not be enough for the purpose of removing the gas works to the new localitv. I hope, therefore, the amendment will be adopted as originally presented.
Mr. WINFIE 1D. I should like to ask a question of the Gentfrom Iowa.
Mr. WINFIELD. Does he move to curtail this estimate because he believes this change of location of these gas works is unnecessary?
Mr. WINFIE ID. Does he move it on any information of his own, that the change can be effected at a less expense?
Mr. GRINNELL. I have no doubt it can be done for $3,000. I will myself enter into personal bonds to do it for $3,000.
Mr. WASHBURNE, of Illinois. There is so much dispute about this matter that I move the whole thing be stricken out, and thus save the entire $6,000.
Mr. WINFIELD. A saving of that kind might be the most unsafe thing we could do. We appoint a board to visit the institution an nually. They are usually men of high intelli gence and of perfect competency for the place they are selected to occupy; and I take it last year was not an exception and after care fully conferring with the local authorities there, this board came back and recommended an appropriation for the purpose of effecting this change. Iam willing to be guided by their judgment; and I think it is as safe as anything we can do.
Mr. WRIGHT. The gentleman will permit me to ask him a question; whether the legitimate order of business would not direct an appropriation of this kind to be considered 1st by the ComAppropriat. If that be so, what do that committee say on the subject?
Mr. WINFIELD. It is hardly worth while for the gentleman to submit a point of order to me. I am not perhaps as familiar with the domestic manufacture and the domestic use of gas as my friendfrom NewJersey. We do not manufacture it at our house, nor do we use it; and on that subject he may be better informed than I am.
Mr. WINFIELD. I do not now but we may have spontaneous reduction of it in the lSatate of NewJersey, from which my friend ails. I take it we are well informed through the action of this Board of Visitors. If we are. I think we are safe in voting for this amendment as it was offered. The amendment to the amendment was rejected.
Mr. SCHENCK. I will add only one word in regard to this matter, since discussion has sprung up in regard to it. What has been described as the condition of that building, its insufficiency, and its ineligible situation, is strictly within my own recollection. We all examined it and were all struck with the fact itwas at an improperplace and insufficient, and that some remedy ought to be a plied. A subeommittee was appointed, ofw Kill the Gentfrom Michigan [Mr. Dnroos] was chair man, and they made a report. I do not recollect the estimate that was made I know whatever sum was recommended by the committee was, after full discussion, agreed to unanimously by the Board of Visitors. The Gentfrom Michigan says the 1st proposition was for $10,000, but on investigation of the whole matter, brining it down to the most economical point, on y $6,000 was asked. As I said before, I do not myself recollect the precise sum, but whatever sum it was, this, we are informed by the Gentfrom Michigan, was the amount unanimously agreed upon by the Board of Visitors to recommend as the least for which the work could be done.
Skip Skip The question being taken on the amendment, it was agreed to.
Mr. BENJAMIN. I offer the following amendment, to come in after the amendment just adopted: Provided, That no part. of the sumsappropriated by the provisions of this act shall be expended in violation of an act entitled “An act to prescribean oath of office, and for other purposes, " approved July 2.1562.
Skip Skip The question being taken on the amendment, it was agreed to. ARMY APPROPRIATION BILL.
Mr. STEVENS. I now move to lay aside the Military Academy appropriation bill and take up the Army appropriation bill. The motion was agreed to; and the committee accordingly rocceded to the consideration of House bill bib. 127, making appropriations for the support of the Army for the year ending June 30, 1867. By unanimous consent the 1st reading was dispensed with, and the Clerk proceeded to read the bill by paragraphs for amendment.
Mr. FARNSWORTH. I move to amend the paragraph For pay of the Army. 810.748.652 by changin the amountto $10, 712, 052. I make tie amendment in pursuance of a conversation which I had with the PayMGen and SecyWar in regard to this item contained in the estimate of appropriations. It was ascertained by the PayMGen, and was so stated to me, that this appropriation was larger than was necessary by $36, 600, from the fact that there was an estimate for so eruulnerary 2nd lieutenants, graduates of the Military Academy, and there were none such now and ywould be none until next year.
Mr. STEVENS. I move to amend the item wzfqfiiommutation of officersof subsistence, $2M, I by making the amount $1.651,511 50. It is found on examination that that is all that is needed.
Mr. STEVENS. Imovoto amendtheitem For arments in lieu of clothing for olficers servants 190, 660 by making the amount $191, 766.
The Clerk read the following paragraph: For theregular supplies of the Knartormasters Dept, consisting of fuel fort e officers enlisted fmoreang.cgiunard. hospitals. storehouses and officem: of kind for the horses, mules and oxen, for the quartermastersDept.at the several posts and stations and with the armics in the field; for the horses oflbe several regimentsofcnvalry. the batteriesof artillery and men companies of infantry as may be mounted, and for the authorized number of officers horses whcu serving in the field and at the outposts includmg bedding fortheanimalsofstrnw forsoldiers bedding, and of stationery. Including blank booksfor the quartermastersDept.certificates for discharged soldiers. blank forms for the pay and termasters depts; and forthepnntiagofi Tiuraisrion and Dept ordersand reports, $4, 134, 40393.
Mr. WRIGHT. Will the chairman of the ComAppropriat permit me to ask him a question in relation to that item? How is it possible, looking at that paragra )H, for us to ascertain what amount is to be paid to each Dept, or what will be the amount paid to the several Depts named?
Mr. STEVENS. If the gentleman willturn to the estimates, on page 238. be will find that theyl are there enumerated, and this is the sum tom.
Mr. PAINE. I ask the unanimous consent of the House to go back to this item: For commutationof foragefor officers.8105.200. I wish to ask the chairman of the committee whether there is any law or regulation now in regard to commutation for forage of Officers horses.
Mr. STEVENS. I understand that there is such a thing as commutation for forage. That is, they give it when the officers do not use forage. Iknow it has been so in the past.
Mr. PAINE. I asked the question because I was under the impression that there is no such law or regulation now. I would ask the Gentfrom Ohio, [Min Sonsscrr] who, I suppose, is better informed on the subject, if there is such a law now existing.
Mr. BLAINE. The amount aptpropriated is very small, and I think it is intened to cover those cases where the officer is so situated as to be unable to draw forage from the Government and is compelled to supply it himself. There is no such thing as commutation of for age recognized where it can be supplied by the Government, but there are cases occurring almost continually at different places where the officer is compelled to supply himself, and this small appropriation is intended to cover that clips O cases. It is exceptional, and not the ru e.
Mr. PAINE. Verylikcly thatis so. but there can be no objection to passing by this section with the understanding that after the law ll brought in we can go back to it.
The CHAIRMAN. The Chair has not et taken the sense of the committee as to whether there is any objection to going back to the consideration of this subject.
Mr. STEVENS. I think there is no necessity for it. I am satisfied that this is only intended for those cases in which officers are obliged to purchase fora c.
The CHAIRMAN. The Gentfrom Wisconsin asks unanimous consent to go back on the bill.
Mr. PAINE. I only ask that after seeing the law we mziyfl) back.
The Clerk read the followmg paragraph: For transportation of the Arm, includin the bag gageof troops when moving, sit or by land or water; of clothing camp and garrison equip e, from the depots at hiladelpliia, Cincinnati, and ow York to the several pests and Army depots and from those depotsto the troopsin the field: and of subsistence storcsfrom the places of purehase, and from the places of delivery under contract. to such placesas the circumstancesof theserVice mayrequirethemtobesent; of ordnance.ordnance stores, and small arms, from founderies and armories to the arsenals fortifications, fronticrposta, and Army depots freigbts.wliarf are. tolls and ferriages; for the purcliuseand hire of horses. mules. oxen, and harness and the purchase and repair of wagons.carts and drays and of sbi s and other sea goingvessels, and boatsrequiredfort e transportation of supplies and for garrison purposes; for drayage and cartaireat the several posts; hire of teamsters: transportation of funds for the pay and other disbursing Depts; the expenseoflalling piublio transports on the various rivers. the Gulf of onion, and the Atlantic, and ncifio; and for recuring water at such posts as from their situation, require it to bebrought from adistance: and for clearing roads, and removmgobstructipnsfrom roads, har bors and rivers, to the extent which maybe required for thtboiBetual operations of the troops in the field,
Mr. STEVENS. I move.to strike out “ 3 millions" in the last line, and to insert in lieu thereof “ 5 millions.” It is a mistake; $5,000,000 is the amount asked for. The amendment was agreed to.
Mr. WRIGHT. I am willing at all times, under all circumstances, to rely upon the judgment of the ComAppropriat. But in regard to the items which are contained in the paragraph which has been read, we are all in the dark in respect of the specific amounts of each of these items, either of which may be much larger than our necessities demand. No one knows from the report or in another manner can tell from the bill presente to the House, whatspecific amount is to be devoted to anyone of the objects enumerated in this clause. I would ask, therefore, that the para graph which has been read be recommitted to the ComAppropriat with instructions to report the items contained in this very large appropriation.
The CHAIRMAN. That motion is not in order in committee. The gentleman can accomplish his purpose by moving to strike out the era h.
Mr. STEVENS. I am very sorry that my colleague on the ComAppropriat, owing to illness, has never been 18 to be present in the investigation of these matters by the committee. Hence it is entirelynatural that he should not knowanything about them. The estimate last year for these same items was $80,000,000. This yearitis $5,000,000, which the officers who have reported say is the least they can get along with, but they hope it will be reduce hereafter.
Mr. WASHBURNE, of Illinois. I offer the ioflowing proviso, to come in at the end of the i: Propided, That no part of the money hereby appropriated shall be used for paying the Illinois Cen tral Railroad Company for the transportation of the troopsor the property of the U.S.: and the AttyGen of the U.S. is hereby directed to institute a suit. ainst said company in the circuit court of the U.S., in the spventh circuit. mWoitn heoy ustdelagdo recover from the said company that avebeenpaid to sai company by any Dept of the Government for hetransportation oftroopsorgroperty of the U.S.; and the said AttornegJ generails hereby further directed to appearfor the U.S. in saideourt and prosecute its interest in the said suit.
Mr. FARNSWORTH. I make the point of order that that nmendmentis not in order. It is independent legislation, and upon a subject not germane to this appropriation bill.
Mr. WASHBURNE, of Illinois. it is simplya proviso limiting the appropriation, and that has always been held to be in order.
The CHAIRMAN. The Chair overrules the point of order.
Mr. SPALDING. I desire to understand the position of my learned friendfrom NewYork. It was, as I understand, urged in the last Congress that we ought not to avail our selves of the privilege reserved in the land grant to this company, because a state of war, with the consequent extreme pressure of business on the road, was not contemplated at the time that privilege was reserved. I desire to ask the gentleman whether he, as a lawyer, takes the position that in time of peace we have no right to reserve the privilege of transporting Government troops and munitions of war over this road at any time whatever. Does be contend that lthe only right the Government basis to run its own cars over the road?
Mr. DAVIS. I say that the condition of things existing in a state of war was so utterly different from that which either party had in contemplation when the contract was made, that it was entirely right that a new basis or arrangement should be formed between them.
Mr. SPALDING. Supposin that to be conceded, my other question is, whether, when we are not in a state of war and have nothing but ordinar transportation, we have not the right to senit over the road free of toll?
Mr. DAVIS. I have no doubt that this Government has a right to send all the property it pleases over any land grant road free e toll; but I do not suppose that in a time of war, when the ordinary capacity of the road is over taxed by its business, the Government has the right to ask that a corporation which has received a land grant shall employ 4 times the amount of stock necessary in a time of peace, in order to transport the property of the Government.
Mr. SPALDING. Then I ask the gentleman this fiirther question: if this amendment be divested of that portion which proposes to authorize the AttyGen to sue for the recovery of the tolls already paid by the government; if it be amended so as to apply only to the future, will the gentleman then have any objection to it?
Mr. DAVIS. I have no sort of objection to anything that is equitable and just toward that company. I have no doubt whatever that they will cheerfully perform the ordinary transportation of the Government without any charge. But when, for some purpose which I cannot understand, unless it be connected with the local polities of Illinois, attacks are made year by year upon this railroad company, which, according the testimony of the SecyWar, has performed most faithful and devoted service to the country, must defend this compaIny to the utmost of my ability. trust the amendment will not be adopted.
Mr. WASHBURNE, of Illinois. Iknew it to be the opinion of the SecyWar that the railroad corn any was not entitled to this money, and paid it distinctly under irotest.
Mr. FARNSWORTH. What did he make the contract for. then?
Mr. WASHBURNE, of Illinois. He did not; it was the former SecyWar that made it.
Mr. FARNSWORTH. It was a contract nevertheless.
Mr. DAVIS. The Gentfrom Illinois [Mr. Wasnsunxs] is entirely mistaken in regard to the opinion of the SecyWar.
Mr. IVASEIBURNE, of Illinois. I have only to state thatI am not mistaken.
Mr. DAVIS. The gentleman tells 2 sto nos.
Mr. COOK. I wish to say a single word in reference to this matter.
Mr. WOODBRIDGE. Will the gentleman yield to me?
Mr. WILLIAMS. I understand the gentleman to surrender this case upon the law. He ate it now upon mere equitable considerations. n that view I would as him whether upon the whole this company has been advantaged by the war, or ot herWise? If it has been dam aged, then there may be force in his argument; otherwise there is none.
Mr. WOODBRIDGE. I cannot say whether the company has been injured or otherwise by the war, but I can say that the country has been benefited by the railroad, and if it had not been for this railroad, the whole southern portion of that beautiful State would have been overrun by guerrillas, and millionsand 100s ofinillions Worth of property and 1,000s of lives would have been sacrificed thereby.
Mr. WILLIAMS. I would ask the gentleman, where, then, is his equity?
Mr. WOODBRIDGE. qI will tell the Gentleman where my equity is. My O uitv is, in the 1st place, the Government of the U.S. have never lost one dollar for all the time of the war by reason of ranting these lands to the Illinois Central railroad. After the war began, by reason of having the railroad running through the State where it did, the Government was benefited to an amount that can hardly be calculated by arithmetic and when we have received t iese benefits I do think there rests upon us an equity to do that toward the persons conferring those benefits which other )arties do that are similarly situ ated to the I line is Central railroad. I do not base my argument upon the matter of strict law, because I believe a strict construction of the law would be against the claim. ButI put it upon what is better and higher and purer an nobler than low; upon the ground of right and I say, let come what will come, so long as I have a vote to cast, where the interests of my fellow citizens are concerned, I will do what is right. When I go into a court of law, I will then undertake to determine what is given by the law that governs the case.
Mr. GltINNELL. Will the gentleman yield to me for a few moments?
Mr. HARDING, of Illinois. Mr. Chairman, I desire to say I concur in the views which have been expressed by my colleague [Mr. Wunuani] and the Gentfrom Wiscon sin, (Mr. Stem] I do not agree at all that the proposition is an equitable one. It is certain y illegal. It is a mitted on all hands to be so. I deny its c uitable character. I have lived in the State of Illinois some 30 years; I was a member of the public body which accepted this munificent grant of land to the people from the General Government: and Fknow, and I bear witness to the fact, the terms of the contract were understood on all hands to be that in all future time the Government was to have its troops and property transported free over that road. The grant was accepted, a grant of lands, as the Gentfrom Wisconsin says, more than sufficient for the construction of the road. A few%. on the nominal amount of the stock was aid in. Now, it is true, sir, that the procee s of the lands will result in more money to the stockholders of that company than has been expended in the construction of the road. Why, sir, they say this railroad has been of great advantage to Illinois. Yes, sir. But who built it?
Mr. COOK. My colleague is greatl mistaken in the assumption that the lands will pay for this road, or anything like it. If there is any evidence. I should like to know it.
Mr. HARDING, of Illinois. I challenge my friend to an investigation on that point; and I should like to have the bill postponed, so that the House may know fully a the facts in the case.
Mr. WASHBURNE, of Illinois. I ask my colleague to yield to me.
Mr. wASHBURNE, of Illinois. What was the amount of lands this road received, how much has the road cost, and how much peracre have the lands been sold for?
Mr. FARNSWORTH. The Government has lost nothing, for it has received twice the usual price for the alternate sections.
Mr. HARDING, of Illinois. [undertake to say the company has received more for the lands than the road has cost.
Mr. FARNSWORTH. I do not care for that; the Government has received 55250 peracre. when otherwise it would have received lg $1 It has received as much for the lands as if it had not given the company one acre.
Mr. HARDING, of Illinois. I wish to make only one or 2 remarks and then I will leave the subject. Iprotest against this allowance to this company I believe it entirely inequi table. I would not give this atnity, for it is not for the benefit of the peopli: of Illinois or any portion of them, tot ose who agreed to construct this road in consideration of this grant of lands and agreed to do this work, and who come up now and ask to be paid for it a2nd time. The company was exempted from taxation in consideration of a trifling amount to be aid to the State of Illinois from its earnings. While the war has imposed increased burdens this cellshpany has been free from any such increased bu ens of taxation. They have borne none of Our war debts. The gentleman says the road would have been given up except for the obligations set aside.in their favor by the SecyWar. It is not so. The company has been immensely benefited by the large freights and travel which have been incident to the war, independent of the amount 2 of work they were required to perform under their contract for the Government. It is true. as my colleague has said, that the road was operated in the interest of our ene mies. I have heard of 100s of soldiers insulted and wronged upon this road. I do not doubt but maimed and crippled soldiers have more than once bee. but oil the cars. The stockholders ot the road do not live in Illinois. They are mostly Englishmen, foreigners, capitalists from elsewhere.
Mr. HARDING,of Illinois. Yes, sir. No, portion of the people of Illinois would come i here and ask to be relieved from these obligations to the Government; and they do not ask that this company shall be relieved. As one of the Representatives of Illinois I do not ask that the Central Illinois railroad shall be relieved from doing the work which it has already been paid to do.
Mr. WASHBURNE, of Illinois. Mr. Cameron was SecyWar at that time.
Mr. COOK. Yes, sir. On the 17th ofAugust, 1861, the president of the railroad made this reply: NewYork. August17.1861. SIR: I have the honor to acknowledge your communication of the 15th, containing the determination of the Government in relation to the use of the railroad of this company. Under present circumstances an important partofourliiie is imperiled. An active conicrzition with the Government is indispensable, not I beg to notify you that the proposition of the Government is accepted. The company will endeavorto forward the troops and property with the utmost promptitudo, preference always being given as indicated. I am, sir, very respectfullfi, your olivdient servant, W. OSBOltN, Pruideiu. To Hon. SIMON CAMERON, SecyWar.
Mr. WILSON, of Iowa. I would like to ask a question. The gentleman stated that the 1st letter was written by the SecyWar to the president of the Illinois Central Railroad company; I wish him to state what caused that etter to be written; whether it was not because the company had said that they would refuse to operate the road unless they were allowed compensation for theservices rendered. Q
Mr. COOK. I have no knowledge at all in regard to that. These documents of which I halve procured copies are those upon which I rey.
Mr. WILSON, of Iowa. My understandin is that the company took that position and I know very well that that was the position occupied by the company in relation to thatquestion when it was pending in the 38th Congress, for I had it from one of the highest officers of that road that the company would not operate it unless the Government would pay the compensation and fur. ther, the SecyWar himself told me that he must pay this compensation, otherwise he could not have transportation over the road, and the military operations of the country would be impeded. Therefore he favored the omission from the appropriation bill of the 38 h Congress of the provision which was passed by the House and finally was left out in the conference between the 2 Houses.
Mr. WILLIAMS. I desire to ask my friendfrom Illinois [Mr. Coos] whether the terms submitted in the letters to which he has referred were any lower, or were precisely the same as were agreed upon with other railroad companies which were under no obligation whatever to the General Government.
Mr. COOK. Iwill state in answer to the gentleman that they are 33 and a 3rd%. lower than with any road not having and s granted.
Mr. FARNSWORTH. it is 33 and a 3rd%. less.
Mr. COOK. Iwant to present that point. I want to state to the committee that this road did not receive the same compensation which was paid to other roads that had not been the recipient of land grants. They were placed, I believe, upon an equality with other roads that had received land grants. I call the attention of the committee to the fact that this particular road has been singled out as the object of attack. No other road that has received a land grant has been thus as sailed.
Mr. ROGERS. There is another road in the same position, the Camden and Amboy railroad.
Mr. COOK. I was not aware that that was a land grant road.
Mr. HARDING, of Illinois. I am not acting under the influence of that bribe; it makes no difference to me what it would cost to the State of Illinois. If the State of Illinois got a share of this plunder out of the Government when it was in a strait, I have no interest in that plunder.
Mr. COOK. The gentlemen insisted that the road was not taxe. He tried to convey the idea to the committee that it was exempt from taxation, except to a very trifling amount, when the truth is that 7%. of its gross earnings have been reserved and paid into the coffers of the State and so far from there being a slight taxation, it is the heaviest taxation imposed n on any road.
Mr. RIMB E. How much has been paid by the Government heretofore to this railroad company for transportation?
Mr. COOK. I have stated thatagreat many times.
Mr. TRIMBLE. I mean the aggregate amount.
Mr. WASHBURNE, of Illinois. I will answer the inquiry of the Gentfrom Kentucky [Mu Tunisia? By a report from the SecyWar, Wiich the gentleman will find among the documents here, it appears that up to the last Congress there had been paid the enormous sum of $5, 552,000. That was aportion of the amount claimed, and was paid y the SecyWar under protest.
Mr. COOK. Allow me to state now that, in pursuance of this contract for it is a contract, no just and fair man can construe it in any other light than a contract settling and disposing of a disputed right whatever the U.S. have paid the Illinois Central railroad has been fully earned. If it has been a large amount it is because a large amount of service has been rendered by that road to the exclusion of all other trade. It has en paid in pursuance of this contract: It has been paid with the sanction of the highest officers of the Government.
Mr. COOK. I do not know that there is anythipg back or anything now demanded. But insist that it is inequitable, unjust, and unfair for us to institute a suitfor money which has been paid upon a contract solemnly ratified by the authorities which had the right to make the contract; which had the right to settle this disputed claim; which had the right to say to this railroad company, “We will pay you so much for this transportation if you will make it;” when it was the right of the company, if this proposition had not been made, to say to the Government, “We will turn over to you the rolling stock and motive power of the road, and you can O crate it for yourself.”
Mr.HOTCKISS. Will the gentlemanyield the floor to me for a few minutes?
Mr. MORRIS. I wish to ask the Gentfrom NewYork [Mr. HOTCHKISS] one question. During the 38 h Congress Ihad oc casion to look into this matter to some extent. It seems now to be conceded that there was a contract between the U.S and this corporation; that the Government should yield up certain lands to the corporation in consideration of the performance of certain service. It is now proposed, as a matter of equity, to grant this company compensation for such service. I desire to inquire of the gentleman, as a lawyer, whether it is not a well settled legal principle that the person seeking equity must 1stdo equity; and whetherthat principle would not require that the Illinois Central ailroad Company should restore the money it has received without warrant of law before it asks equitable consideration at our hands.
Mr. HOTCHKISS. Why, Mr. Chairman, I cannot conceive ofasingle equitable principle which can be urged on behalf of this company in this case. The payments which have can made to this company have been, I hold, in wanton violation of law. It has been said that a former SecyWar made the contract under which this money was paid. If so he ought to be made a party to the suit. If he made the bargain ignorantly, he ought to ay for this ignorance of the law. Nomatter who made the bar ain, or who signed the contract, if the law did not warrant the transaction this company has no right to come in here and claim advantage of it.
Mr. COOK. I decline to yield further. I have only 2 or 3 minutes of my time remaining. Mr. Chairman, it is insisted here that the law is perfectl clear, and that this is not the compromise o a disputed right. If, sir, there is no doubt about the law, it is because the law is clear that this company only agreed, as other companies had agreed, to give the U.S. a rig it of way across its road. The law says that the railroad and its branches “shall be and remain a public highway for the use of the Government of the U.S. ” The company is not bound by the terms of the law to urnish the rolling stock, the motive power, and the men, to transport the freight of the Government.
Mr. COOK. I will read the remainder; but I submit to my friendfrom Iowa as a lawyer that the clause I have just read is the governing clause: " Shall be and remain a public highway for the use of the Government of the U.S., free from toll or other chargeupon the transportation of property." What shall be free? The highway shall be free. That is the just construction of the act that the public highway shall be free from toll or other charge.
Mr. WILSON, of.Iowa. If the gentleman has time, I would like to ask him one question.
Mr. WILSON, of Iowa. If this railroad should be sold under a mortgage, would not the rolling stock and everything else necessary to operate the road pass by the sale?
Mr. COOK. Certainly; but the engineers and the firemen would not.
Mr. WILSON, of Iowa. Of course not: But the gentleman contends, as I understand, that the Governmeuthas only the right of transportation over the road, the Government furnishing its own rolling stock. I apprehend that whatever is necessary to operate the road must be included in the right of transportation.
Mr. COOK. I agree to that; but you cannot call upon the corporation to run the road under such circumstances.
Mr. WILSON, of Iowa. Then, by the Gentlemans own admission, the Government has something more than the mere right of way over the road. [Here the hammer fell.]
Mr. STEVENS. I desire to say a few words on this subject; and I shall then move that the committee rise, in order to close debate. This question has been so often discussed here that I am almost sick of it. It seems to me that if there is any proposition in the law free from all doubt. it is that when the U.S. granted to this company 3 million acres of land, the best land in the western country, it was upon the condition that on all occasions the Government should have the right to transport upon that road whatever it wished ““free from toll or other charges.” What does other charges ” mean, if the Government was to work the road? Why, sir, there never was any authority given to anybody to start the road and work it except this company. It seems to me about one of the most a surd conditionsto expect to be made by the Government.
Mr. DAVIS. Suppose the Government makes a grant of lands to aid in the construction of a canal on precisely the same terms as are used in the grant of lands to aid in the construction of this railroad, would the gentleman held that the company was to supply the Government with boats for its use to transport troops and munitions of war? 6 Read the remain
Mr. STEVENS. It is every lain ease. The company does not run the cane, it does not put packet boats on it, or anything else, but it simply allows it to be used, individuals run it. It has no application to the case before the House, no analog whatever.
Mr. DAVIS. Eet me read from an act to authorize the State of Illinois to open a canal through the public lands to connect the Illinois river with Lake Michigan: " It is herebyfurther enacted and declared that said canal when completed shall be, and forever remain. a public highway for the use of the Government of the U.S. free from all toll or other charge whatever, for any property of the U.S or personsin their service passing through the same.” These terms will be found precisely equiva lent in effect to those used in the lawmaking a grant of land to the State for the purpose of constructing the Illinois Central railroad.
Mr. STEVENS. Precisely, the canal company does not stock the canal. The canal company has no authority under that to stock the canal. They allow individuals to go upon itwith boats, and they allow the Government to go upon it as individuals go upon it. It is just like an common road where toll is charged. {In DAVIS. Under the act granting lands to the State of Illinois, where the same terms are used, ifindividuals were permitted to charge the Government for transportation, would not that be a violation of the contract to transport free from any charge by anybody?
Mr. STEVENS. We have argued this matter so often, that no good lawyer can doubt that when that grant was made this company was bound to carry, at its own expense, t ie troops and property of the Government in consideration of the grant of lands which it had made.
Mr. FARNSWORTH. Suppose the railroad company did not furnish rolling stock to operate the road, could the Government have compelled them to do so?
Mr. STEVENS. If they cannot comlthem to live up to their contracts they could not. If they menu to allow them to violate their contracts they cannot compel them to put rolling stock on the road. That is the whole ofit. They are bound by contracts to furnish necessary means, and they are bound to transport free all that the Government asks them. I remember nearly 20 years ago when this grant was made, Mr. tantonl went out from here and was connected with the road. I suggested this same idea, that when they got the grant they would comein and ask for something more. I remember the indignation with which gentlemen repelled it as a reproach upon the company. It is a reproach which has become history now. What did we give? We gave to that company, out of the heart of the country, 3 million acres of the public land.
Mr. WASHBURNE, of Illinois. lion 700,000 acres.
Mr. STEVENS. About 3 million, it was estimated in advance. I remember it as if it were yesterday. What did the company do? The accepted the grant. If it is a hard bargain let them restore the goods they have got and we will release them. They had their eyes open. They were the shrewdest men in the country. They went to England and procured a loan. Their land was notsold at $2 50 an acre but at from 5 to 20 dollars an acre. I have seen them advertised where the company asked from 15 to 20 dollars an acre. I have seen an estimate made that they will have more than ten million dollars from sales of the lands utter all the expenses of building the road. There will be $10,000,000 to divide among the stockholders and the road will not cost them a cent one of the grandest roads in the country. Now, talk about equity, equity on a contract entered into by full grown men, men shrewder than we, shrewder than Presidents, shrewder than Secretaries of War! because they refuse to comply with their contract at a moment when troops Were necessary to be sent to the seat of war and the SecyWar paid them, which he had no right. to do, because there was some payment made to get 2 mil troops down South to quell the rebellion, this company claim it has a right of equity. I thin the equity is on the other side. I move that the committee rise to close debate. The motion was agreed to. So the committee rose, and the Speaker having resumed the chair, Mr. BRANDEGEE reported that the ComWhole on the state of the Union had, accordingto order, had the Union generally under consideration, and particularly the Military Academy appropriation bill, and had directed him to report the same back to the House with sundry amendments; also that it vhad under consideration the Army appropriation bill, and had come to no conclusion thereon.
Mr. STEVENS. Imovethatwhen the house go into ComWhole on this bill again, general debate be closed in 5 minutes. The motion was agreed to. MILITARY ACADEMY BILL. The House then proceeded to the consideration 1st of the military Academy appropriation bill.
Mr. STEVENS. On that I move the previousquestion. I
Mr. CHENCK. I ask my friend to with draw it to allow me to offer an amendment.
Mr. STEVENS. I will do so. Mr. SCHENCK. I move to amend by adding at the end the following proviso: and providedmoreover That no part of themoneys hereby appropriated shall be applied to the pay or subsistence of any cadet appointed from any State latelyin rebellion againstthe Governmentuntil such State shall have beenrestoredto its original relations to the Union under and by virtue of an act or jtresolution of Congress for that case made and preV1 c.
Mr. STEVENS. Now, sir, I call the previous question.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendments made in commit tec were agreed to. The question then recurred on agreeing to the amendment offered by Mr. SCHENCK. Mr. ELDRIDGE. On that I demand the eas&nays. Mr. SCHENCK. I wish to insert the word “hereafter” in the proviso. Mr. ELDRIDGE. I object to amending it. The question was then taken on agreeing to the amendment offered by Mr. SCHENCK; and it was decided in the negative yeas 38, nays 80, not. voting 05; So the amendment was disagreed to. During the roll call, Mr. ENTWORTH attempted to explain his vote but was called to order by the Chair. Mr. BAKER stated that for defect of phrase ehilgy he voted no. he result having been announced as above, Mr. SCHENCK said: Another gentleman having drawn the amendment the word “ here after” was inadvertently omitted. Ine w moveto reconsider the vote by which the previous question was ordered so as to otler the amendment again. The SPEAKER. The previous question will not exhaust itself until the bill is engrossed for a 3rd reading. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. STEVENS. I now move to postpone the further consideration of the bill tilTtomor row. I do it for the purpose of getting the Army appropriation bill ended; otherwise we must have a night session. Mr. SCHENK. I now enter the motion to reconsider.
Mr. STEVENS. As we have adopted this Arm bill I suggest that by common consent we consider it reported, and then proceed to consider it with the understanding that the amendments adopted by the committee shall be voted upon, and also that there shall be a vote taken on the amendment of the Gentfrom Illinois. [Mr. WAsniiuuxs] and the amendment to the amendment offered by the Gentfrom Iowa, [Mr. GBLYXELL] There being no objection, it was so under stood.
Mr. STEVENS. I now move the previous question on the amendments agreed to in comWhole.
Skip Skip The question being taken on concurring in the amendments made in ComWhole, with the exception above stated, they were concurred in. The question then recurred on the amendment to the amendment as odered by Mr. GRINNEI.L.
Mr. STEVENS. On that I move the previous question.
Mr. BROOMALL. Beforet hcpreviousquestion is sustained, I desire toof teranamendment.
Mr. STEVENS. There is an amendment to an amendment already pending, and you cannot offer it. I insist on the previous question.
Skip Skip The previous question was 2nded, and the main question ordered, being 1st upon the amendment to the amendment otiere by the Gentfrom Iowa, [Mr. GRINNELL]
Mr. WASHBURNE, of Illinois. Toadoptthe amendment of the Gentfrom Iowa, would be merely to “lock the stable door after the horse was stolen, ” instead of getting the horse back.
Skip Skip The question was taken on the amendment to the amendment; and it was not agreed to ayes 30, noes 66. The question recurred on the amendment otiered by Mr. WAsHnmmli, of Illinois. Mr. FARNSWORTH demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 74, nays 21, not voting 88; So the amendment was agreed to. During the roll call, Mr. ILL said: My colleague, Mr. STIL WELL, is confined to his room today by illness. The result of the vote having been announced as above recorded, the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. STEVENS mtRtv the bill was passed; upon the table. Agreed to.
Skip Skip HESSAGI FROM THE SENATE. A message from the Senate, by Mr. Foam, its Secretary, announced that the Senate had passed a JtResolution (S.R. No. 36) providing for expenses incurred in searching for missing soldiers of the Army of the U.S., and for the further prosecution of the same; and a bill (S.No.173) to confirm the title of Jose Scrafin Ramirez to certain lands in NewMexico; in which the concurrence of the House was requested: LEAVE of ABSENCE. Mr. DENISON. I ask leave of absence for my colleague, Mr. STROUSE, for one week, and for my colleague, Mr. COFFROTH, for 4 avs. There was no obdection; and the leave of absence was grantc. The SPEAKER. The Chair asks leave of absence for Mr. HALE for 2 weeks. There was no objection, and the leave of absence was granted]. Mr. RADI"ORD. I move that the House do now adjourn.
Mr. SCHENCK. I ask the gentleman to allow me to make a suggestion. There is a motion to reconsider pending relative to an amendment to the Military Academy bill. I in est that we dispose of it now.
Mr. SCHENCK. It will give rise to no debate at all. The object is merely to correct an inadvertency in an amendment that was offered.
Mr. RADFORD. It will take half an hour to call the yeas&nays on it. I insist on my motion.
The SPEAKER. The bill to which the Gentfrom Ohio [Mr. Sonny ex] refers will come u)the 1st thing after the reading of the Journa tomorrow. Barely a quorum voted on the last call of the yeas&nays.
@@@IN SENATE SENATE. Tunsnsv, March 6, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. PERSONAL EXPLANATION.
Mr. WADE. I notice in the report of the remarks I made on Thursday last a statement which was undoubtedl a slip of the tongue. I presume it was taken own precisely as it was stated, but it did not express my meaning. It was with regard to aquestion put by the Senfrom California, Mr. CONNESS. It reads thus: “Mr. Cossnss. A radical change! “Mr. WADE. No.sir; it is not a radical change. My radicalism is exactly the same that what you called my abolitionism was. Sir, it has conquered you." As though it was addressed to the Senfrom California. That was a slip of the tongue. I intended it to apply to those who oppose that sentiment, certainly not to the Senfrom California.
Skip Skip PETITIONS and MEMORIALS.R. WILSON presented the memorial of C. B. Gardner, praying for compensation for brick belonging to him used by the U.S. Army during the siege of Nashville, Tennessee, in the mont of December, 1864; which was referred to the ComClaims. Mr. HOWE presented 2 petitions of citizens of Wisconsin, praying for the establishment of a mail route from Glen Bulah, She boygan county, to West Bend, Washington county, Wisconsin; which were referred to the ComPostOffice. Mr. WILLIAMS presented a memorial of oficers of the U.S. receiving ship In dependence, stationed at the Mare Island navy yard, California, praying for an increase of ay; which was referred to the ComNavAffrs. Mr. KIRKWOOD presented the petition of veur y Bodeuhcim& o. praying for compen ition for cotton alleged to have been taken om them by U.S. troops in Febru ry, 1864, at Yazoo county, in the State of MlHSISSIppl; which was referred to the comiittee on Claims. Mr. CONNESS presented the memorial of ose Dominguez, praying to be confirmed in he title granted to him September 24, 1845,Governor Pio Pico; and approved by the deptal assembly of Alta alifornia, June i. 1846., of the land known as hos Prictosy Sajalayegua, in the county of Santa Barbara, Ialifornia; which was referred to the Committee pn Private Land Claims. Mr. MCDOUGALL presented a memorial of:he Legislature of California, praing for such an amendment to the act entitle “An act to aid in the construction of a railroad and tele graph line from the Missouririver to the pacific ocean, and to secure to the Government the use of the same for ostal, military and other purposes, ” approveg Julyl, 1862, as will more ully protect the rights of miners and bona fide occupants of such lands as may be conveyed by virtue of that act: and also in favor of the exemtion of all mineral lands in any rout of land under that act; which was ordered to lie on the qble. nsronrs or COMMITTEES.
Mr. MORRILL, from the ComCommerce, to whom was referred a bill (H.R.No. 154) to further secure American citizens certain privileges under the treaty of Washington, reported it without amendment. He also. from the same committee, to whom was recommitted a bill (S.No.26) grantingto the International Ocean Telewraph Company the right and privilege to establish telegraphic communication between the city of NewYork and the West India islands, reported it with an amendment. He also. from the ComDistCol, to whom was referred a bill (S.No.137) to amend the acts approved August 6, 1861, and July 16, 1862, establishing it met propolitan police in the DistCol, to increase the efficiency thereof, and for other purposes, reported it with amendments.
Mr. SHERMAN, from the ComFinance, to whom was referred a bill (H.R.No. 201) to declare the meaning of certain parts of the internalrevenue act, approved une 30, 1864, and for other purposes, reported it with amendments.
Mr. DOOLITTLE, from the ComIndAffrs, to whom the subject was referred, reported a bill (S.No.188) to provide for an annual inspection into Indian affairs, and for other purposes; which was read, and passed to a 2nd reading.
Mr. NORTON, from the ComClaims, to whom was referred the petition of John R. Brown, praying for remuneration for the seiz ure of t. e schooner Robert Bruce, submitted an adverse report; which was ordered to be printed. BiLLs INTRODUCED.
Mr. CONNESS asked, and by unanimous consentobtained, leave to introduce a bill (S.No.187)to quiet land titles in the State of California; which was read twice by its title, referredto the ComPubLands, and orderedto be printed. He also asked, and by unanimous consent obtained.leave to introduce a bill (S.No.189) to confirm the grant of certain lands to Jose DomingnczinCalifornia; which was read twice byitstitle, referred to the ComPrivLandClms, and ordered to be printed.
Mr. RAMSEY asked, and by unanimous consentobtained, leave to introduce a JtResolution (S.R. No. 38) providing quarantine regu { lotionsto prevent the introduction and spread of the asiatic cholera; which was read twice by itstitle.
Mr. SPRAG UE. I ask that that resolution mayberead at length.
The Secretary read it, as follows: Resolved.ea. 1. That it shall be the duty of the SecyWar. with the cooperation of the SecyNavy and the SecyTreasury, whose concurrent action shall be directed by the CommanderinChiof of the Army and Navy. to cause a rigid quarantine against the introduction into this country of the Asiatic chulcra through its arts of entry whenever the samemay be threatene lay the prevalence of said diseasein countrics having ircct commercial intercourse with the U.S. 2. That he shall also enforcethe establishment of sanitary cordonsto preveut.thespreadofsaid disease from intcqted districts adjacent.to or within the limits of the U.S. 3. That said Secretaries are hereby authorized to use the means at their commands to carry cut the foregoingprovisions. 4. [but itshall be tho duty of the secyState to open correspondence with the foreign Powers whose pronmitydo the U.S shall endan ger the introduction of Asiatic cholcra into this country through their ports and territory. soliciting their cooperation with this Government in such efforts to prevent the introduction and spread of said disease.
Mr. RAMSEY. I move that the JtResolution be printed, and referred to the ComCommerce. The motion was agreed to. WASHINGTON CANAL.
Mr. RIDDLE submitted the following resolution; which was referred to the ComDistCol: Resolved.That the President be and hereby is requestedto causeto be detailed 3 experienced and skillful engineers of the Army of the U.S. whoshall edircctedto exzimine the entiioline of the Washington city canal and report whatiinme diiite means.in their judgment.should headoptedfor such temporary improvementthereof s will eatse curothoheallhofresidentsand citizensof the national metropolis during the coming summer and alsosuch plan for the permanent improvement and regulation. thereofas will mostclfectuiilly remove the existing nuisancesand prevent future similar accumulations.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD. its Chief Clerk, announced that the HoRep had passed a bill (H.R.No. 127) making appropriations for the support of the Army for the year ending 30th of June, 1867; in which it requested the concurrence of the Senate. ORDER OF BUSINESS. Mr.BROWN. Imove that the Senate proceed to the consideration of the bill which was under discussion when we adjourned last evening.
Mr. CONNESS. It will be remembered that yesterday morning I called for the action of the Senate upon a question that should be regarded as a question of privilege, the reconsideration of a vote by which a bill passed this body some 6 or 8 weeks since. As all the discussion on that subject lins been had, I move that. we proceed to its consideration in preference to other business this morning and after we et a vote upon that the honorable Senfrom Missourican go on with his bill.
Mr. BROWN. If there is nothing to do but. to take a vote on the bill alluded to, I have no objection to its being done, and will very cheer fully yield for that urposc. If, however, it is designed to spend t ie morning hour in debating it again, I think it would be better, perhaps, to proceed with the bill we had under consideration last evening. thatI do notthick will elicit any more debate, and we can take a vote on it.
Mr. CONNESS. I think the proposition is hardly fair in view of the statement made by the Senfrom RhdIsland that he would antagonize the motion I now make with other motions and keep it off by all the delays that he could employ. I ask the Senate earnestly for a vote on this subject. I shall not discuss it, for one, and I think, considering the length of time it has been pending in this body, it will be conceded that it has a privilege beyond any other business that may now be called up. I hope we shall proceed with it, and I make that motion.
Mr. BROWN. I should like to ask the Senfrom RhdIsland whether he contemplates discussing the question referred to by the Senfrom California any further.
Mr. SPRAGUE. I do, sir, at considerable length. l
Mr. BROWN. Then I move to take up the bill we had under consideration last. evening.
Mr. BROWN. You are at liberty to object.
Mr. CONNESS. Of course l am. The Senfrom Missouriasks another Senator whether he will speak upon the bill that I propose to take up; the other Senator rises and smiles and says he will. after having already tired the Senate with speeches on the subject. Now, sir, I ask fora vote. If the Senfrom. RhdIsland has a speech to makc let him make it, but. the public business should not be trifled with any longer in this manner.
Mr. SPRAGUE. I have no doubt. tired the Senfrom California, and I intend to tire him still further.
Mr. CONNESS. So the Senator said yesterday.
Mr. SPRAGUE. But not for the purpose of tiring him. I intend always when rise in my seat here to smile if it so suits me. I envy not the man who can never smile or who smiles only when his interest is excited. I do not wish to occupy that position. I believe that the discussion of questions before the Senate should be conducted in a friendly and a smiling manner, and I trust that that will always be the position that I shall occupy in this body.
Mr. BROWN. I believe the motion of the Senfrom California is not a privileged motion; and the motion I made was 1st in order.
The President protempore. The Chair will state the motion. The Senfrom missouri moves that the Senate now proceed to the considerationof senate bill No. 31, to reimburse the State of Missouri for moneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion. The Senfrom California moves as an amendment to that motion that the Senate proceed to consider the motion to reconsider tevote by which the Senate passed the bill (H.R.No. 135) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes. The question is upon the amendment of the Senfrom California to the motion of the Senfrom Missouri.
Mr. CONNESS. Allowme to say to the Senate again that the only purpose I have is to get a vote on the bill to which I refer. I have no object in discussing it. I do not wish to occupy a moment of time upon it. The Senate knows that that question has been before it for 6 or 8 weeks.
Mr. SPRAGUE. I object to the consideration of the bill alluded to by the Senfrom California, because if it should be taken up, there will not be sufficient. time for its discussion, as in half an hour more the morning hour will expire, and the order of the day will be called up. That has been the history of the bill ever since it was presented to the Senate, and I trust that there will be some other time than the morning hour devoted to its consideration, so that it may have a full discussion, and Senators may have ample time for its discussion. I understand that the Senfrom Delaware [ML Saunsnunv] intends to occupy the attention of the Senate at one oclock upon the report from the reconstruction committee, and there is not sufficient time in the interval for the discussion of this question.
Mr. CONNESS. If the Senfrom missouriwill withdraw his motion, I will make a motion to make the bill which I desire to have considered the special order for a time distant, so that the Senfrom RhdIsland shall not have an excuse further to prolong its consideration.
Mr. BROWN. I shall be very glad to fa cilitate the gentleman in any way that I can. I am disposed to aid him in pressing the consideration of that bill, and ifI can facilitate him in uppointing it for a day fixed I shall do so. But. I think it is asking too much to ask me to waive the motion now before the Senate in order to allow another to he submitted Hewever, I will withdraw it for the time being for a few moments.
Mr. CONNESS. I now move that the bill (H. It. No. 136) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes, be made the special order for half ast 12 oclock tomorrow.
Mr. BROWN. Say 2 days hence. Imay not get through with this bill today., You have taken u half of the morning hour already.
Mr. CONNESS. I withdraw the motion at the present time and will make none in connection with it. MISSOURIMILITIA EXPEXSES.
Mr. BROWN. I move, then, that weproceed to the consideration of the bill that I have named. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.31) to reim burse the State of Missourifor moneys expended for the U.S. in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. HOUSE BILL REFERRED. The bill from the HoRep (H.R.No. 127) makingu propriations for the support of the Army for t ic year ending 30th of unc, 1867, was read twice by its title, and referred to the ComFinance. BONDED WARE HOUSES.
Mr. CONNESS. I move now to proceed to the consideration of the bill named by me in my former motion. The motion was agreed to; and the Senate resumed the consideration of the bill (H. It. No. 135) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes, the pending question being on the motion to reconsider the vote passing the bill.
The President protempore. The morning hour having expired it becomes the duty of the Chair to call up the special order of the day, upon which the Senfrom Delaware [bin SAULSBURY] is entitled to the floor. APPORTIONMENT OF REPRESENTATION. The Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 51) proposing to amend the Constitution of the U.S.
The PRESIDENT protempore. The Chair will suggest to the Senator that it is not in order in this body to allude to the proceedings of the other House.
Mr. SUMNER. I wish to e heard upon this subject again before the debate closes, hoping to have an opportunity of reviewin the different propositions before the Senate. am not ready to go on this afternoon, and I doubt if the Senate would be willin to listen to me now, even if I were ready. understand that there is other business which Senators would be glad to bring forward, and therefore, if there is no objection, I move that the pending nestion be postponeduntiltomorrow at one oc ock and made tie special order for that time.
Mr. FESSENDEN. I of course shall not oppose that motion, as the Senator says that he wi I be ready to d on tomorrow and is not ready now; but it becomes my duty to give notice to. the Senate that I must press a vote on this subject. I thinkI shall be liable to the charge of being remiss in my duty if I do not urge the matter to a vote retty soon. I believe most of the members of t it: St nate have made speeches on the subject, and we on htnow to conclude it within a day Or two. gentlemen who are ready to proceed after today must be prepared to Iinish their speeches lhe PRESIDENT protcm orea. bruTptely.question is upon the motion of the Senfrom Massachusetts, that the further consideration of this JtResolution be postponed to and made the special order of the day for tomor row at one oclock. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its ChiefClerk, announced that the House had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 87) making appropriations for the support of the Military Aen emy for the year ending the 30111of June, 1867; and A bill (H. It. No. 368) to amend an act to extend the charter of the president and direct ors of the Firemens Insurance company of Washington and Georgetown, in the IDistCol. EXECUTIVE COMMUNICATIONS.
The President protem relaid before the Senate a message from t a POTUS, transmitting, in answer to the resolutions of the Senate of the 5th of Jan uary and 27th of February, reports from the Secretaries of State and War giving information in relation to the provisional governors of States;which, on motion of
Mr. SUMNER, was referredto the JtComReconstruction, and ordered to be printed.
The President protempore also laid beforethe Senate a message from the POTUS, transmitting, in compli anceWith a resolution of the Senate of the 27th of February, a report from the SecyWar communicating the reports of the assist antcommissioners of the Fiieedmens Bureau madesince December I, 1865.
Mr. MORRILL. I move that that communication, with the accompanying documents, be referred to the JtComReconstruction and printed.
Mr. WILSON. I an gest that the subject of the freedmen is now before the ComMilAffrs. We have 2 bills on that subjectbefore us.
Mr. MORRILL. I an posed that the facts in these reports might be important to the ComReconstruction.
Mr. WILSON. Very well. jection to that reference.
The President protempore. The question is on the motion of the Senfrom Maine that this communication, with the ne companying documents, be referred to the JtComReconstruction, and printed.
Mr. HENDRICKS. I believethat no proposition was made to print. Those documents seem to be very volumine us.
Mr. MORRILL They are not very volu mine us.
Mr. HENDRICKS. This is not a regular report from a bureau or a Dept, as I understand. I wish to inquire whether the motion was to print them.
Mr. JOHNSON. I understand the motion to be to refer the communication to the committee of 15.
Mr. HENDRICKS. I was about to say that when the communication and accompanying documents are referred to the committee. if the committee find them to be of sufficient importance to ljustify the expense of printing, of course I sha I not object; M I suggest whether we ought to order the printing before the Senate knows anything about them, this not being a reular report from a bureau or Dept. Mr. MORRILL. I withdraw the motion to print.
The President protemporc. The motion to print beine r withdrawn, the question will be on referring the communication and the accompanying documents to the ComReconstruction.
Mr. FESSENDEN. I should like to know who offered the resolution calling for these documents.
Mr. FESSENDEN. Your object was to furnish information to the ComReconstruction.
Mr. MORRILL. It was. I had reason to believe that the information was important.
Mr. FESSENDEN. It will be impossible for us to look over them understandingly and be able, to read them in a written form.
Mr. JOHNSON. As one of the committee of 15 I agree with the honorable member from Maine. The object of the call was, I suppose, g refer whatever might be sent under that ca to that committee, and I understand the motion is now made to refer it to the committee. If the purpose is to enable the committee to act upon any of the subjects commit I have no oh I thought they.ted to it with the information contained in that report before them, it will be absolutely necessary to print it, and the only nestion is, whether we shall print it now or whether the committee, after tiiey shall have received the papers under the motion to refer shall ask to linve them printed. It will save time, I think, to have them printed now, and I renew the motion to print.
The PRESIDENTpro tampon. It is moved that this communication, with the accompanying documents, be referred to the ComReconstruction, and that the documents be printed. The motion was agreed to. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 37) making appropriations for the support of the Military Academy for the year ending the 30th of June, 1867 to the ComFinance. A bill (H.R.No. 358) to amend an act to extend the charter of the president and direct ors of the Firemans Insurance Company of Washington and Georgetown, in the DistCol to the ComDistCol. Q J v a ORDER OF BUSINESS.
Mr. CONNESS. There being some time now, Iask the attention of the Senate fora while to the consideration of 2 bills reported from the ComPubLands which are of considerable interest to my State. The 1st is the bill (S.No.125) granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Placervillc, in the State of California. I move that the bill be taken up for consideration. The motion was agreed to; and the bill was read.
The PRESIDENT o tempore. The Chair is advised that the bil which as just been read is in the hands of the ComPubLands by vote of the Senate, and has not yet been reported.
Mr. CONNESS. I move, then, to discharge the committee from its consideration.
Mr. CLARK. Oh, no! You had better let the committee act.
Mr. CONNESS. I can explain the matter to the Senate in a moment. There are 2 bills providing for the building of a branch of the acitic railroad from the State of Nevada, by what is known as the Placerville route, over the Sierra Nevada mountains, but in the hands of 2 companies, The bill proposing the grant from Nevada to Placerville has been reported, and I supposed this bill had been reported also they are or ought to be exactly alike, and i the are not, can readily be made to conform one to the other. The committee, it seems have reported the one bill and not the other, of which I was not aware. If now the committee be discharged from the consideration of this bill, we can make it conform to the other.
Mr. CLARK. Isuggestto the Senfrom California that some of us who are not upon the committee, when we examine these matters, are obliged very much to rely upon the report of the committee, and it is much more satisfactory to have the report, though the case may be entirely as the Senator says. It is better always to haven bill of this importance come from the appropriate committee in its due course.
Mr. POMEROY. The general provisions of this bill have met the approval of the committee, but they desire to introduce quite a number of amendments, as they have done in the other bill referred to by the Senfrom California. They have not yet, however, completed this bill; it has not been reported. There is nothing objectionable in the bill, but a few amendments are needed to make it conform to our general legislation. The amendments are slight and can be made in the Senate; but I did not suppose the bill was to be considered before the committee reported it, though I have no objection to that course if it is deemed best.
Mr. CLARK. It seems to me that there can be no such haste ubOut it as would require the bill to be taken out of the hands of the committee. Mr. CONNESS. Well, as there is objection to the course proposed. let the bill lie over.
The President protempore. Does the Chair understand that the motion to discharge the committee is withdrawn?
Mr. CONNESS. Yes, sir; and now I propose to go on with the consideration of the other iiill which has been reported relatingto the same road.
Mr. CLARK. I was about to ask the senate toroceed to the consideration of the House JtResolution giving the consent of Congress to the annexation of the 2 counties of Jefferson and Berkeley to the State of WestVirginia, which is a matterof some importance, as I understand there maybe a conflict of jurisdiction in the 2 counties and it is desirable that the question should be settled by Congress giving its consent. If the Senfrom enli fornia is not so desirous of pressing his bill at the present time as to interfere with it, I should like to call up that resolution.
Mr. CONNESS. It is of great conseqncnco. that we got the action of the Senate on the measure to which I have called attention; and 100 voters have asked that this propo, if the Senfrom NewHampshire will allow ll silion be presented to the Senate, an it to be considered, I shall be much obliged to him.
Mr. CLARK. I am not disposed to antag onize one measure with another so as to obstruct public business; but I think this JtResolution will take but a very few minutes.
Mr. WILLEY. l have received, within a few days past, a letter from the Governor of WestVirginia urging as speedy action as may be consistent with the convenience of the Senate on the question referred to by the liouoiable Senfrom NewHampshire, and informing me that he anticipates some disagreeable conflicts of State a thority shortly, unless speedy action is taken i the premises. I should be exceedingly glad to have action now.
Mr. CONNESS. I withdraw my motion. STATE OF WESTVIRGINIA.
Mr. CLARK. I move to take up House point resolution No. 17, to which I have alluded. t will not take long.
Mr. HENDRICRS. I suggest to the Senfrom NewHampshire, who has charge of that resolution, that lie assign an early day for its consideration. I have not had an opportunity to examine it, and it is rather an impor taut question; one that ought to be investigated and discussed, that we may fully understand it. I do not think very many Senators have examined the subject thoroughly as yet.
Mr. CLARK and I suppose they will not as long as it lies under their desks and is not called up. I propose to call it up, and then if it should lead to serious discussion, or there should be a necessity for delay, it can be laid over; but I think it had better be called up and attended to. I insist on my motion. The motion was agreed to; and the JtResolution (H.R.No. 17) giving the consent of Congress to the transfer of the counties of Berkeley and Jetierson to the State of WestVirginia, was considered as in ComWhole, the question being on the amendment reported by the ComJudiciary to strike out all of the resolution after the resolving clause, in these words:, That the consent of Congress is hereby given to the transfer of the counties of Berkeley and Jefferson from Virginia to the State of WestVirginia; that the jurisdiction exercisedover them by the State of WestVirginia be, and is hereby, approved and confirmed, and that said counties arc and henceforth be. part of the State of WestVirginia and in lieu thereof to insert these words: That Congressherebyrecnirnizes the transfer of the counties of Berkeley and Jefferson from the State of Virginia to WestVirginia and usSentsthereto.
Mr. CLARK. I move to amend the amendment by striking out “assents" and inserting “consents” which is the word of the Constitution. The amendment to the amendment was agreed to.
Mr. RIDDLE. As the amendment has been amended, I doubt whether the motion I desire to make is in order. I desire to offer a proviso to the amendment of the committee.
The PRESIDENT protempore. That is in order.
Mr. RIDDLE. I offer this proviso: Prooillrd, The questionof the afln exntion of the said counties to WestVirginia shall a referred to a vote of the people of each of them at an election to beheld on the 2nd Tuesday in May next by commissioners to be appointed by the Governor of Virginia, and a mayorityof the legal votersof eachof the said countiesunderthelaws of Virginia shall befound in favor of such annexation.
Mr. CLARK. I desire to say that that has already been done in both of the counties. The people have voted on the question, and the re. sult has been in favor of annexation to the State of WestVirginia.
Mr. RIDDLE. If the Senfrom NewHampshire Will pardon me, I will state that out of 1600 voters but 50 voted in Jefferson county on that proposition. There are now 1300 voters in the county since the abandonment of the armory and 1250 of those 13 think, Mr. President. i their IQllltlnrlltlllce is before the body. )Mr. CLARK. I understand it very well, I It does not appear from, any evidence that has been taken that all the people in those counties might not have voted l who wished to vote at the time the vote was taken; but there is no doubt a portion of their people were in the rebel army lighting against i the country and the interests of the country and Of ll](, l. O counties, and therefore did not vote. Now, when they have got back from their wicked work, they ask but a vote may be taken that they may defeat this annexation. For one, lam not disposed to delay for the purpose of taking the votes of these rebels, nor to give. them an opportunity of voting.
Mr. WILLEY. The Senators will allow me to suggest here that under the laws of West, Virginia they cannot, vote. i
Mr. RIDDLE. I will merely say thatl lived, in Jelferson county during the last year longer, than the Senators from WestVirginia have lived there during their whole lives, and that I have talked to the people of that county. I admit, as the Senfrom NewHampshire has said, that a great many of the people of Jellerson county were in the southern army. but a great many of them were in the other army. They went into the southern army nolcns role us. Under the southern conscription act they were compelled to go there.as the Senator would have been illic had been there and underage. These men ought to be heard; and if you refuse them the right to be heard, I think you are doing an injustice to the people. I am not speaking for myself, for I know that if my property in Jcfl ferson county were in WestVirginia, I should be taxed on it much less than lam in the State of Virginia; but to do justice to the people of Jefferson and Berkeley counties, I want them to have a fair opportunity of saying wherethey will go. I do not care who may appoint the commissioners for which my amendment provides; I would let the Governor of WestVirginia apoint them: all [ask is that the people may be ieard and their feelings respected. I want the people to be heard, and if you deny it y0u deny the wishes of 1250 out of 1300 voters.
Mr. CLARK. I have no particular desire to hear from rebels, nor any particular desire that they shall be heard. It may be true, as the Senator says, that a part of this people were forced into the rebel army. I have iu disposition to deny it but this I say to him, if they were so forced, IWant to put them into a State where the jurisdiction hereafter will be sullicient to protect them; where they shall never be so forced again.
Mr. RIDDLE. They have no such disposition now.
Mr. CLARK. I do not know that there is any such disposition about now; but there is a conflict of jurisdiction in regard to these 2 counties which makes it necessary to remove all doubt, that Congress shall ive its consent, and I hope Congress will give its consent, and that the loyal people of these 2 counties who have voted that they would be annexed to WestVirginia shall have the opportunity of being annexed there, maugre the rebels who have come back. I am disposed to accommodate the loyalpeople and not wait a great while for the accomodation of the rebels who have returned. They may be thankful if they are permitted to live under the Government which they attempted to destroy, without endeavoring to control it. It is all they deserve. I hope the resolution will ass.
Mr. RIDDLE. he map which I have before me shows what a shaped State WestVirginia will be with the annexation of the counties of Berkeley and Jefferson to it. I believe some what in geographical shapes and geo raphical lines. This annexation will extend t. O State of WestVirginia down to the Potomac, bringing it into a narrow angle and cutting it olffrom l l t the other States. The blue lines on the map before me desi;nate the boundaries of WestVirginia. Now, it is proposed to extend its limits and to take in the little angle in which Jefferson and Berkeley counties are included, the result of which would be to make it the most disproportioned State in the Union.
Mr. ltUll IROY. I rather like the amendment of the Senfrom Delaware. but I have examined it and find it to be a little faulty in one respect.
Mr. RIDDLE. I will accept any amendment.
Mr. POMHRUY. If the Senfrom Del aware will accept an amendment, I will propose one; and that is that the question he submitted to the people of these 2 counties without regard to color. All the people there have an interest in it. It is as much the interest of one class as another. As the Senator suggests, it is not in order for me to move this amendment, but. as he says he will accept. it, it can be incor porated with his.
Mr. RIDDLE. Ibeg to be excused. I know the Senators from WestVirginia would not agree to that.
The President protempore. The question is on the amendment. of the Senfrom Delaware to the amendment of the committee.
The Secretary read the amendment to the amendment.
Mr. HOWE. I understood that the amendment suggested by the Senfrom Kansas was accepted by the Senfrom Delaware.
Mr. lUhlhlltOY. The Senfrom Dela ware promised that he would accept it, but.after hearing what it said he would not.
Mr. CLARK. Then I hope in friendfrom Kansas will not press his amendment to the amendment, but willlet us take a vote upon the proposition of the committee, and agree to it.;Mr. POMHRUY. I think we had better perfect the amendment 1st; we can reject it afterward.
Mr. CLARK. I think we had better not waste much time about it.
Mr. Willey. Mr. President, I do not de to go into a full investigation of this question was very full investigated in the House; a very fulI and able and exact prt was made by a member of the Judiciary imittee in the other House, and the ques was argued at length, and decided with great unanimity in favor of the consent 1g given.
The PRESIDENT protempore. The Chair suggest that allusion to proceedings in. the r House is not in order here.
Mr. WILLEX. 1 hey are my sentiments still. If my friendfrom Delaware would get the map and see where these 15 counties he, he would see that his own argument would be answered. Ilicse 2 counties contain the 5,000 people of whom I spoke along the railroad that are connected With us by direct and easy communication and whom I reserved in my speech. The other 13 counties lying in the valley are disconnected from us and have no relation with us.
The PRESIDENT protempura. The question is on the amendment of the Senfrom Delaware to the amendment of the committee.
Mr. GRIMES. Do I understand the Senfrom Delaware to withdraw his consent to the amendment suggested by the Senfrom hansas?
Mr. RIDDLE. I never gave my assent to it. I said I would agree to anything: but when I heard what the amendment was, I of course would not agree to it.
Skip Skip The amendment to the amendment was rejected. The amendment reported by the ComJudiciary was agreed to. The jomt resolution was reported to the senate as amended, and the amendment was concurred in. The amendment was orderengross and the JtResolution to be read the 3rd time. the jtResolution was read the 3rd time: and on the question of its passage, Mr. MCDOUGALL called for the ycas&nays, and they were ordered. I he guestion being taken by ycas&nays, resulted ycas 32, nuys ABSEnt 3. So the JtResolution was passed. neronr or A COMMITTEE.
Mr. POMEROY, from the ComPubLands, to whom was referred the bill (S.No.125) granting aid in the construction of n railroad and telegraph line from the town of Folsom to the town of Placerville, in the State of California, reported it with amend meats. EXECUTIVE SESSION. On motion of
Mr. GRHrIES, the Senate proceeded to the consideration of executive business. After some time spent in executive session the doors were reopened, and the Senate adJourned.
###HOUSE OF REPRESENTATIVES. Tucson, March 6, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTOX. The Journal of yesterday was read and approved.
The SPEAKER stated the 1st business in order was the motion made on yesterday by Mr. Scusxex to reconsider the vote by which l the military Academy appropriation bill was ordered to e engrossed and read a 3rd time. PACIFIC RAILROAD and TELEGRAPH. On motion of
Mr. LOAN, by unanimous consent, Senate bill No. 20, granting lands to aid the construction of a railroad and telegraph line from the States of Missouriand Arkansas to the Pacific coast, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPacRailroad. LEAVE OI ABSENCE.
Mr. CONKLING. My colleague, Mr. LAF LIN, has received intelligence of the death of his only son. I make this statement in order to explain his not having voted on several occasions of late, and also as a reason for tasking that leave of absence be granted him for ten days. Leave was accordingly granted. BAILH I S and CRIERS.
Mr. INGERSOLL, by unanimous consent, introduced a bill fixing the compensation for the bailiffs and criers of the courts of the DistCol; which was read a 1st and 2nd time, and referred to the ComDistCol. PRINTING OF TESTIMONY.
Mr. BOUTWELL. I am instructed by the JtComReconstruction to report in part the evidence taken by them in relation to the States of Arkansas, Mississippi, Alabama, and Georgia. I move that the same be printed.
Skip Skip The motion to print was agreed to. Mr. BOUTWELL mtRtv the testimony was ordered to be printed; upon the table. Agreed to. MAINE!) SOLDIERS and SAILOBS.
Mr. ECKLEY, by unanimous consent, introducedabiliallowing compeusationto maimed soldiers and sailors who are entitled by law to artificial limbs in lieu of said artificial limbs: which was read a 1st and 2nd time, and referred to the ComMilAffrs. MILITARY ACADEMY BILL.
Mr. FARNSWORTH demanded the regular order of business.
The SPEAKER. The 1st business in order Is the consideration of House bill No. 37, makinga propriations for the support of the Military Aca emy for the year ending the 30th of June, 1867. The pending question is upon the motion of the Gentfrom Ohio HMr. Scusscir] to reconsiderthe vote by which t to bill as amended vtint s ordered to be engrossod and read a 3rd time.
Mr. SCHENCK. My object in making the motion to reconsider is to obtain an opportunity to move in an amended form the amend meutwhich Isubmitted on yesterday, and which was virtually carried; but which was ultimately lost by members changing their votes because it was discovered that the word “hereafter” had been inadvertently omitted from the amendment. That omission it was supposed would lend to an ambi nous construction which was not intended. desire nowto ire notice that if the motion to reconsider sha l prevail. I will, offer the amendment which I send to the Clerks desk to be read. I have modified it so as to l meet the objections of gentlemen, and to provide onlyprospecttve application.
The Clerk read the amendment, as follows: and provided furfltrr, That no part of the money appropriated bytlns or any other nct shall beupplled to the puy or subsistence ofunyyudel from anybtate declared to bein rebellion nzuinstthe Government oi the U.S., appointed alter the lat day of January, laid, until said State shall have been reslmctl [Olls original relations to the Union. under and by virtue at an act orJtResolution of congressfor that case made and provnded.
Skip Skip Mr. SCHENCK. I now move the previOus question on the motion to reconsider. The previous question was 2nded, and the main question ordered. The motion to reconsider was then agreed to. The question recurred upon ordering the bill to be engrossed and read a 3rd time. Pendin which, Mr. SCHENCK said: I now move the amendment which has just been read at the Clerks desk and I now call the previous question upon the bill and pending amendment.
Mr. BLAINE. Will the gentleman yield to me for a few moments?.
Mr. SCHENCK. I will yield for 5 minutes.
Mr. BLAINE. Irise to op ose the amendment, and I wish to have rea at the Clerks desk what I would have offemd as a substitute for the amendment of the Gentfrom Ohio [Mr. StllENCK] if I llfltl had the opportunity.
The Clerk read, as follows: and prrmitleifllIlIltl, That no part of the money hereby appropriated shall beapplied to the support or pay of any cadetshereafter appointed not in conformity with the expressprovision of law regulating appointments of cadetsfor that Academy.
Mr. CONKLING. I desire to ask one question. Are we to understand that, under either the amendment ending or that suggested by the Gentfrom Maine, these boys who, the gentleman savs, have been colonized and are now in WestPoint, would be disturbed 1
Mr. BLAINE. No, sir; neither amendment will affect the boys now at WestPoint; but my amendment proposes simply to reaffirm the action of the 38 h Congress. It will prevent any further colonization, and leave Elie matter just as it stands under the law to a
Mr. BLAINE. Let me ask the gentlemana:stion. Will not the amendmentl propose to 2r as a substitute entirely cut olf the Presi it from filling an one of these districts?.1 the President fil a solitary district under
Mr. SCHENCK. If the gentlemans proed amendment be identical with what he.racterizes as an illiberal and narrow minded t position, what then is his object?
Mr. CHANLER. I ask the gentleman to.d to me.
Mr. SCHENCK. I decline to yield. ow, havingdefended the amendment against criticism of the Gentfrom Maine, I land the previous question.
Mr. STEVENS. After the previous ques. has been 2nded, I shall claim my right er the rule. having reported the bill, to speak a few minutes. be previous question was 2nded, and the 11question ordered.
Mr. CHANLER. I ask the gentleman to d to me.
Mr. BLAINE. In addition to the district appointments the POTUS isto appoint annually ten cadets at large. Now, under the amendment would he have the power to appoint as one of these the son of a loyal man of East Tennessee, of Governor Brownlow or any other? I want a distinct answer.
Mr. STEVENS. I shall give a distinct. an swer. If the President wanted to appoint a son of Semmes or of Jeff. Davis I would not allow it and as Tennessee is about to come in of course she will not suffer. As she is the object of so much lachrymose appeal we will open the door for her, and if she will not come in, whyshe will stay out I suppose. I hope we shall rally on some proposition in spite of the President and bring her in and we shall do it, I hope, unless we are defeated by the votes of such members as the Gentfrom Maine, [Mr. Bursa]
Mr. CHANLER. Will the Gentfrom Pennsylvania yield?
Mr. STEVENS. I am sorry to say I have resumed my seat and cannot yield.
Skip Skip Mr. ROGERS. I demand the yeas&nays on agreeing to the amendment. The yeas&nays were ordered. The question was then taken on agreeing to the amendment; and it was decided in the affirmative yeas 89, nays 39, not voting 66; So the amendment was agreed to. During the roll call, Mr. THORNTON stated that he had paired with Mr. Bananal The result having been announced as above recorded, the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly road the 3rd time. The question recurred on the passage of the bill; and being putthere were ayes 66, noes 29. So the bill was passed. Mr. STEVENS. mtRtv the bill was passed; on the table. Agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. A message from the POTUS, by Colonel WILLIAM G. Moons, an nounced that the President had aproved an not (H.R.No. 321) to amend an not entitled “ An act to prevent the spread of foreign disease among the cattle of the U.S.,” approve December 18, 1865.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDox ALD, its ChiefClerk, informed the House thntthe Senate had passed an act (S.No.121) providing for the enlargement of the Winnebago res ervation in the Territory of Nebraska, and for other purposes, in which he was directed to ask the concurrence of the House.
The SPEAKER announced as the next busi.ness in order, the calling of the committees for reports, commencing with the ComDistCol. WASHINGTON SEWERAGB
Mr. INGERSOLL. The ComDistCol have had under consideration House bill No. 268, to establish a complete and uniform plan of sewerage in the city of Washington, and to provide for such improvement and regulation of the tide water front of said city and of the canals and natural water courses passing through the same as may be necessary for the public health of said cit, and the general interest thereof, and have i rected me to report back the same with an amendment in the nature of asubstitute; which I ask to have recommitted and printed.
Mr. CONKLING. I would like to know whether the gentleman means to bring it back on a motion to reconsider.
Skip Skip Mr. CONKLING. In order that there may be no doubt about Iit, more to reconsider the motion to recommit the bill, and to lay that motion on the table. The question being put on the motion of Mr. Coxxuxo, no quorum voted. The SPEAhEIt ordered tellers; and appointed Messrs. Coxnuxc and lsoensorm. The House divided, and the tellers reported ayes 89, noes 64. Mr. WASHBURNE, of Illinois. the yeas&nays. Mr. INGERSOLL. I do not think the condition of this question is understood by the House, juding from the many interrogatories put to me y members while passing through the tellers. I wish the Chair would again state It.
Mr. CONKLING. Nor do I think it is understood as to the amount involved in it. I believe it is $150,000.
Mr. INGEltSOLL. There is no such appropriation in this bill.
Mr. WASHBURNE, of llliuois. I ask to have the bill read.
The SPEAKER restated the condition of the questiou.
The Clerk read the bill. The yeas&nays were ordered on the motion of Mr. Conulso. I demand
Skip Skip The question was taken on Mr. Contmos motion; and it was decided in the affirmative yeas 70, nays 53, not voting 60; So the motion to reconSider was laid upon the table. WASHINGTON FIRE DEPT.
Mr. INGERSOLL, from the ComDistCol, reported back, with amendments, bill of the House No. 183, comcoming the fire Dept of Washington Cli. The bill provides that the right to have, use, and occupy the several bail in s, with their appurtenances, known as the Ifnion, Frank lin, Columbia, and Anacosta engine houses, be ranted to the city of Washington, DistCol; said possession and occupation to continue as long as they shall be used for the purposes of the fire Dept and the pleas ure of the Congress of the U.S.; and that in the event of the city of Washington being deprived of such possession and occupation by the General Government, the cost and expenses of all substantial improvements made to said buildings shall be repaid by the General Government. The committee reported an amendment to strike out the words The cost and expenseof all substantial improvements ymthaede Gtoovesrim and buildings by said city to be reAnd to insert in lieu thereof the following: The U.S shall pay to the cityof Washington the then ciristing value of such improvementsas:hpll htnve been made thereon after the passageof is act. The amendment was agreed to. The committee reported a further amendment to add to the bill the following proviso: Provided. That the said use and occupancyof the Columbia canine house shall not in any way interfere With the possession and occupancy by the Columbia Fair ide beuqilmdipng any of the room now usedas a The amendment was agreed to.
Mr. STEVENS. I should like to knowwhy the Government is to pay this.
Mr. CONKLING and so should I like to know it.
Mr. INGERSOLL. Within the last year or 2 a new steam fire Dept has been inaugurated in this city, superseding the old fire Dept authorized by Congress. The new fire Dept of the city desire now to build houses safiicient for the protection of the new steam engines and the watchmen and horses attache to them, and they desire to make them of a permanent character. The Government owns the ground upon which the old fire Dept had its bailings, engines, and so on. The Government are now willing, as the committee report, to crmit the use and l. I occupation of these lots or the new fire de.ing and improving the streets near the Government dept, suffering them to put upon them such icrmanent buildings as may be necessary, and if the Government ever desires to reoccupy this ground and repossess itself of these lots, the hill simplyprovides that the Government shall pay t ie additional value given by the expenses incurred by the city government of Washington after the passage 0t this act. The Government may never wish to repos sess itself of these lots; it is not likely they ever will. They have been used by the old fire Dept for 40 years without being disturbed by the Government of the U.S.; and they will probably continue to be so used by the fire Dept. If, however, the oc casion shall arise when the Government shall think it advisable to repossess itself of these lots, or of anyone or more of them, this bill proposes that the Government shall pay the city for the increased value of the lots in consequence of the expense put upon them by the cit government. That is all.
Mr. STEVENS. I do notknow that I should have found any difficulty if the Gentfrom Illinois [Mr. INGERSOLL] had brought in a bill ranting in fee simple these lots to the city. Tint this bill seems to provide for connecting the General Government in operations with the city government, and after awhile, when they want another change, the Government will have to pay for these improvements, while they go off somewhere else. I would rather a great deal that the gentleman should bring in a bill giving these lots to the city in fee simple, and yet the Government have no further responsi bility about it. I do not understand the bill fullv; but are we not now to pay something? l
Mr. ingERSOLL. Nothing; not a cent. Neither are we ever to pay anything at the 0tion of the city government. But if the U.S. Government, for some special purpose, shall desire to repossess itself of one or more of these lots, the committee thought it but fair that the city should be paid for the permanent increased value caused by the improvements made by the city government. The committee supposed it was for the benefit of the Government to add this provision. If the House think it better to give these lots in fee simple to the city, the committee will have no particular objection to it.,
Mr. STEVENS. If the lots are not needed by the Government, then let us give them at once to the city; and let the city build what it pleases on them, and hold as to no contin gent resonsibility.
Mr. INGERSOLL. There is no responsi bility restin upon the Goveunment at this time. But it was thought possible that the Government might one do want some of these lots. although we could not imagine any purpose for which they are likely to be required by the Government.
Mr. CONKLING. I would like to understand one thing about this bill. I would like to know, ifI may, whetheriam wrong in supposing this to be true: in the 1st place, the GOvernment gives to the city of Washington, as to occupation at least, these lots. In the next place the city of Washington goes on, and by assessment upon these and other lots belonging to the Government raises money and makes improveinents and then the bill provides that whenever the city shall be disturbed in this occupation, not merely deprived of the possession, but disturbed in the occupation hereby granted, the General Government is to pay back to the city of Washington whatever amount the city may have chosen to raise by assessment upon the property of the Government and upon 0t or property and expend for these improvements. s not that the ctfect. of this bill?
Mr. INGERSOLL. The Gentfrom NewYork, [Mr. Coxki.iso] I think, will find himselfin error in regard to Government property being assessed at all for taxes by the city.
Mr. CONKLING. Is it not taxed for local improvements?
Mr. INGERSOLL. No, sir; exnept for gradment reservations.
Mr. CUNKLING. Then it amounts to this: that whenever in any way the city of Washington shall be deprived of the occupancy it now has of these lots, upon that contingency the Government is to pay back to the city whatever has been raised by assessment upon their property and expended in these improvements. Tor one, I agree entirely with the Gentfrom Pennsylvania, that we had better give the property out and out, instead of putting our and, as it were, into the machinery, to be drawn in we do not know how for.
Mr. INGEltSOLL. I wish to correct a misa prehension on the part of the Gentfrom r NewYork. The proposition is only to pay the value of the improvements on the property at the time when the Government may wish to repossess itself, not what may have been expended upon the property. I can state on the part of the committee, that the corporation of Washington would much prefer to have the lots in fee simple. relieving the Government of allliability in every way. If any gentleman will offer a proposition of that kind, it would be accepted most cheerfully.
Mr. STEVENS. It I had an amendment prepared, I would odor it. The bill has not been printed. I believe.
Mr. STEVENS. Let it go over and be printed.
Mr. INGERSOLL. I dislike to let the bill go over.
Mr. RICE, of Maine. I desire to ask the chairman of the ComDistCol whether it is proposed to occupy for these purposes any lots now otherwise occupie.
Mr. RICE, of Maine. How many lots are there?
Mr. INGERSOLL. The Clerk will answer that. There are 3 or 5. They are all named in the bill.
Mr. RICE, ofhlaine. Are we to understand the gentleman as saying that the committee do not now where these lots are located I
Mr. INGERSOLL. They cannot describe them by metes and bounds; they know about where they are. It is not material where they are.
Mr. RICE, of Maine. then, Mr. Speaker, I for one should be opposed, without more information on the subject, to giving away these lots; and I should also be oppose to granting this power for the corporation of Washington to put on these lots extensive improvements, so that if the time should come when the government should want to occupy these lots we should be obliged to take them at a valuation to be made in this city. I should also like to have information about the size of these lots. lIlt tipems to me that we should not act in the ar.
Mr. WASHBURNE, of Illinois. It does not appear from the remarks of my colleague [Mr. INGERSOLL] what is the amount of the property we are voting awn.
Mr. INGEltSO L. As the lots were in the 1st place a donation to the Government of the U.S., the question which the gentleman suggests is not so very material, particularly as the lots have been occupied for the last 40 or 50 ears by these fire companies
Mr. WASHBURNE, of Illinois. If the Gentleman will allow me I will make a motion to recommit the bill with instructions to bring in a detailed report. I should like to vote upon the subject uiideistandingly.
Mr. INGERSOLL. I cannot yield for that purpose. Does the Gentfrom Pennsylvania [Mr. Srsvsxs] desire to offer an amendment 2
Mr. STEVENS. I suggest that the bill be Have the committee postponed till the morning hour tomorrow, and that it be printed.
Mr. DAVIS. Before that motion is made, I desire to say a few words. This question seems to me to lie in a very contracted circle. The Government owns certain lots for which it has, it appears, no present use. The city has occupied them for a long period, and proposes now to put certain improvements upon them for the accommodation of its fire Dept. What those improvements may be in character or extent or value I do not know; but, sir, it seems to me that it would be unwise for us to give away these lands in fee. I think it would be much better for the Government to reserve the right to repossess itself of these lots, if at any time hereafter it should desire to do so, by paying the appraised value of the improvements which may have been constructed. I can see no in justice in such an arrangement. The Government will get the value of all itwill ay; while by the proposition of the Gentfrom Pennsylvania, it. will give away now what hereafter its necessities may require. Hence, if the amendment suggested by the Gentfrom Pennsylvania be offered, I aim l oppose it.
Mr. INGERSOLL. I am willing that the bill shall go over until tomorrow morning, that it may be printed.
The SPEAKER. If there be no objection, the bill will be postponed until the morning hour tomorrow, and will be ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. W. J. MCDONALD, its Chief Clerk, announcedjhat the Senate had passed a bill to reimburse the State of Missourifor moneys expended for the U.S. in enrolling. equipping, and provisionin militia forces to aid in suppressing the rebellion, in which the concurrence of the House was requested. FIREMENS INSURANCE COMPANY.
Mr. INGERSOLL, from the ComDistCol, reported a bill to amerid an act to extend the charter of the president and directors of the Firemens insurance companyof Washington and George town, in the DistCol; which was read a 1st and 2nd time.
Mr. wASHBURNE, of Illinois. I should like to have some explanation of that bill.
Mr. INGERSOLL. The paperwhich I send to the Clerks desk to be road will fully explain it.
Skip Skip Mr. INGERSOLL. I demand the previous question on the passage of the bill. The previous question was 2nded, and the main question or end and underthe operation thereof the bill was orderengross and read a 3rd time; and being engrossed it was accordingly read the 3rd time, and passed. Mr. HINGERSOLL mtRtv the bill was passed; upon the table. Agreed to. MUTUAL FIRE INSURANCE COMPANY.
Mr. MERCUR, from the ComDistCol, reported back House bill No. 223, to amend an act to incor orato the Mutual Fire Insurance Company of the DistCol, without amendment. The bill was read.
Mr. CONKLING. I should like to have some explanation of the bill.
Mr. MERC UR. This Mutual Fire Insurance Company was incorporated about 11 years since With a co ital of 820,000. The act ofincorporation provided that the capital should consist of premium notes and cash interest paid upon those notes and that that cash should never at any time exceed $20,000. The business of the company has become enlarged, and they cannot attend to the wants of the community as they desire unless we allow them to increase their capital from $20,000 to $50,000.
Mr. DAVIS. Is this to be real capital, or like the original. to consist of remium notes?
Mr. MERCUR. I will rea from the act of incorporation: “ Sec. 3. Abife: That the capital stock of this company shall consist of the premium notes given by the insured and of the cash paid in as interest on said premium notes which cash shall never exceed $20.00!).Said notes shall be payable on demand and shall constitute and be a lien to the amount thereof respectivelya on all buildings insured bysaid company, and the and upon which they stand and the appurtenances to such and and upon the estateand interest. local or equitable. of the as sured in such buildings. lands and appurtenances and upon the other property insuredby suid company in consideration thereof.” This increases that capital from $20,000 to $50000.
Mr. MERCUR. The increased business wants of the community.
Mr. DAVIS. This allows this company to receive $50,000 in premium notes; in other words, it is a credit and not a capital. My own knowledge and experience in regard to mutual insurances induces me to protest against any system of mutual insurance based upon credit. The system in NewYork has been one of disaster to every one who has been engaged in it. I think my friendfrom NewYork knows something of the history of these companies, and that every man in our part of the State would rather put his head into the fire than have anything to do with these insurance companies.
Mr. CONKLING. I agree with what my colleague has said; and believing that every man who touches these schemes based upon premium notes defiles himself with pitch, I shall vote against this proposition.
Mr. MEltC UR. I agree to what both Gentlemen have said in reference to the insurance companies of NewYork. So faras m knowl edge goes, the have not only defraued their Own citizens, at the citizens of their sister States. [Laughter.] ButI affirm the history of mutual insurance companies in Pennsylvania has been different; they have sustained a different reputation; and they have commended themselves to the business interests of the country.
Mr. DAVIS. Do they stand as high in the public estimation as the oil companies? l [Laughter]
Mr. THAYER. Eve body knows the oil companies are owned inrNewYork.
Mr. MERCUR. My colleague has anticipated my reply.
Mr. CONKLING. It is entirely from NewYork the money has come which has been honestly paid in, so far as we know.
Mr. MERCUR. One word more, and I am done.
The SPEAKER. The morning hour has expired, and the bill goes over until tomor row. EXECUTIVE COMMUNICATIONS Amcssage, in writin, having been received from the POTUS.
The SPEAKER. laid the same before the House; and it was laid on the table, and ordered to be printed. 1
The Clerk read the communication, as follows: Ttfilic HoRep. s In answer to the resolution of the HoRep. of the 12th of January last. requesting information in regard to provisional governmentsof certain States. I transmit ii.report from the secrotariof State, to whom the resolution was referred. AndrewJohnson. WASHINGTON. March 6. 1866. To the president: The SecyState. to whom was referred the resolutionof the HoRep of the 12th of January last. requesting the President. “if not deemed by him incompatible with the public interest. to communicate to this House copiesof all messages. proclamations and other documents. issued by the provmonal governorsof any States that may have been proclaimed at any time to be in rebellion: of all acts. ordinauces.resolutions and proceedingsof conventions or of Legislatui es. held in such States under the authorityor at the cull of said provisional governors: of all returns pf“ elections for membersof such convention and Legislatures. Together with the qualifications required for voters at such elections and for memberswhen clect d: together with such other informatiop concerning the public action of such States tending to throw light upon their political condition. as may he in his possession, and to communicate further copies of all proclamations issued by the President, or his immediate redeccs sor. relating to this subject.whether issue by him directly or througliI the SecyState and the papers accompanying the same." has the honor to statethat acop ororiginalsof all the voluminpus pa pen;called for Iv; the resolution have been.wilh reports from this dept of this date. laid before the President. to enablehim to answera similar resolution Oil"!!!Senate. As thesemperswill nndoubtedly be printed fortho uscof the Senate.it is presumed to be unnecessary to have another copy made to enable the President to answer the resolution of the HoRep. Respectfully submitted. WILLIAM H. SEWARD. DEPABTMENTor Srirs, ASIHNGTON, March 1. 1866.
The SPEAKER also laid before the House a message from the President in answer to a resolution of the HoRep transmitting a report in regard to the distribution of rewards offered for the arrest of the assassins of the late President Lincoln. The report of the SecyWar was read, as follows: Wan DEPT. WASHINGTON. March 1. 1866.
Mr. Pnssioasr: In answer to the resolution of the HoRep hereto annexed. proferrod by you to this Dept. I have the honor to report that no distribution has yet beenmadeof the rewards offeredby the Governmentfor the arrest of the assassinsof the late President Lincoln. Many personspresentedelaims for the rewards and by the order of this Dept the Adjutapt Genera and Judge Advocate General were appointed a special commission to examine and adiudicate upon the respectiveclaims. The period for award has onapplication by claimants been extended from time to time. in order that all claimapts may be heard. When the award has beenexamined and approved, notice by publication will be given. I have the honor to be. vour obedient sorvan EDWIN M. STANTOi. retaryqfWar. To the POTUS The message and accompanyin report were laid on the table and ordered to e printed.
The SPEAKER also laid before the House a communication from the SecyState in response to a resolution of the House O February 21, 1866, transmitting ii. statement of the cost of printing and advertising of that Dept during the year 1865; which was ordered to be printed, and referred to the comPrinting..
Mr. MORRILL. I move to postpone all prior orders fn order to take up House bill No. 337, regulating trade with the British North American possessions.
Mr. STEVENS. Unless there is some. special reason for this I shall certainly object to it, for we have 2 or 3 appropriation bills that are urgent. I cannot see the necessity for immediate action/on this.
Mr. MORRILL. The Gentfrom Pennsylvania [M12 Srsvsus] made very good prog ress yesterday with his appropriation bills; we have postponed this from day today in order that he might do so. It is indisensably necessary that some action should e had on this now, in order that the bill may reach the Sculate and be acted upon there before the 17th of March, when the reciprocity treaty will expire. The motion was agreed to.
Mr. MORRILL. I now ask unanimous consent that the bill may be considered in the House, and after speeches on the general subject it shall be considered as under the 5 minute rnle.
Mr. MORRILL. Then I move to suspend the rules, and that the House resolve itself into the ComWhole. The motion was agreed to. The House according] resolved itself into the ComWhole on the state of the Union, (Mr. Raruoxn in the chair) and proceeded to the consideration of House bill Yo. 337, regulating trade with the British North American possessions.
Mr. SHELLABARGER. Will the Gentfrom Maine yield to me a moment?
Mr. SHELLABARGER. I desire simply to inquire of the chairman of the ComWays&Means, [Mr. llIonnILL] whether it is the purpose of that committee to bring in a general tarill bill at any time during lhe present session of Congress. I see that the provisions of the bill now before us do touch somewhat upon the general tariff question; are not confine exclusively to importations from the British Provinces. I propose my inquiry. in order that it may become known to the country whether the committee propose to bring in any other bill. We of the West feel consider able interest in the question of increased protection of American wool; and I should be glad to obtain some information on this subJccL
Mr. MORRILL. In response to the Gentfrom Ohio, I will say that it is the purpose of the ComWays&Means to report a tariff bill which will include duties upon wool. But it is proposed 1st to act upon the subject of internalrevenue, which may affect to a considerable extent the adjustment of the tariff. In relation to the subject of wool, I may say to the Gentfrom Ohio that, as I understand, a comWool growers from various arts of the country have held meetings at NewYork and Philadelphia, and after a conference with the wool manufacturers have agreed upon a scale of duties which they will recommend to Congress. I resume that we shall be able to adopt that sca e of duties, whatever it may be. Certainly if it is a reasonable one, as I have no reason to doubt it will be, it will be satisfactory to myself.
Mr. WASHBURNE, of Illinois. I am not going to s cal: to the general question of this bill, for I nve not yet made up my mind to what extent I shall support it. But there is one provision in it which has my hearty appro bation; and it is the precise one which was reported by the ComCommerce repealing the fishing hounties; and I desire at this time simply to place upon the record something in relation to these fishing bounties in order to show when a particular interest gets once fastened upon the Government how it holds. The Gentfrom Maine [Mr. has properl stated that these shing bounties commencetfunder the law of 1790; and they have been kept up by various acts since. They owe their existence much, no doubt, to the rhetorical and rounded periods of Mr. Webster. Now, I have a statement here furnished by the Treasury Dept showing the vast amount of money this country has paid to this favored interest. It appears that we have paid since 1793 no lessthan $15, 341, 734, amounting i to an average of $222, 829 peryear.
Mr. PIKE. Probably not one quarter of the value of the 6 million acres that the Illinois Central railroad ot.
Mr. WASHBURNE, of Illinois. I am not here to discuss that question. I discussed it esterday, and shall be prepared.to discuss it hereafter whenever the question comes up. I am here to discuss the fishing bounty; and I am happy to see my friendfrom Maine [Mr. PIKE] is inngnanimous enough to come out to support the proposition to strike off the fishing bounties. Fbelieve the gentleman has been very fair about it and I will say it is to the creditofmy distinguished colleague on the ComCommerce, [Mr. ELior ] who Represents a large fishing interest, that he also concurred with the other members of that committee in reporting this bill to repeal the fishing bounties. But I was simply desirous of calling attention to the large amount of money paid for fishing bounties, as shown in the following table, prepared by J. A. Graham, Asst Register of the Treasury Dept: Statementexhibitingnmmmhrpaid for flailing bounlica from “91 to 1865, bothinclusive. Bountiel. Average peryear. Average under law of 179 Average under law of1813. Average peryear for last 25 years $31, 785 Average peryear for last 6 years. 399.473 During the late war, when the country has been taxed to its utmost to raise funds to carry it on, we have paid 3 or 4 million dollars for these bounties to the fishermen.
Mr. ELIOT. I want to say for myself just here, that while it may be true that the amount stated by the Gentfrom Illinois [Mr. WASHBIRXE] has been paid by this Government for the bounties named, yet it is also true that there is not a great maritime Power on the Face of the earth that has not paid double, treble, and nearly quadru lo the amount that this Government has pai, either in the form of direct or indirect bounty to the cod fisheries belonging to those nations, for the very purpose of securing to them that which this government desired to secure to our fishermen; that is to say, a firm, able and skillful body of men who in time of war could standu on our decks and quarter decks and fight our )attles at sea. Now, sir, there is not a naval Power on the earth that has not done twice and 3 times as much as this nation has done.
Mr. wASHBURNE, of Illinois. I have not been speaking about what other Powers have done. I have been showing by official records the amount of bounties paid to this interest in the Northeast, amounting, as I have said, to the sum of $15, 041,000. But the gentleman has also put it upon another ground, one upon which it has been often put; he claims that these bounties are necessary to sustain this nursery of fishermen. Now, I could never realize that exactly, any more than that we should grant a bounty to beef and pork to sustain a nursery for soldiers on the prairies ofIlliuois.
Mr. BLAINE. If the gentleman will allow me a moment, I wish to state this fact, to which I called attention in the 38 h congress: that but $15,000,000 has been aid to this interest from the beginning of the gorernment. Now, sir, the war progressed 3 years before bounties were paid to men who enlisted in the naval service. If the number of men brought up in these fisheries who enlisted in the naval service had been aid the average bounty that was paid to soldiers, the amount paid would have more than doubled the entire fishing bounties which have been paid in 76 years.
Mr. WASHBURNE, of Illinois. Independent of any question of the amount paid, man of these bounties have been obtained throng the grossest fraud and perjury, and I think that was one of the reasons why my colleague from Massachusetts [Mr. Emor] on the ComCommerce was induced to give his consent to the repeal of the fishing bounties. I have a letter here on this subject from the SecyTreasury, which I ask to have read.
Mr. WASHBURNE, Clmirman Committee on (inmmro HoRep P. S. I need hardly add the amounts paid in each year are for bounties earned in the season preceding.
Mr. PIKE. I would ask the gentleman whether the frauds referred to did not occur under the verycorrupt Adminstration of Mr. Buchanan, and whether these frauds were not done away with under the Administration of Mr. Lincoln.
Mr. WASHBURNE, of Illinois. I cannot state.
Mr. PIKE. I understand that to be the fact.
Mr. wASHBURNE, of Illinois. Iain sor to saylhat from this report of the Secy Treasury it appears that it is not so.
Mr. WASHBURNE, of Illinois. I have said all I desire to say.
Mr. BANKS. I do not doubt that there have been many frauds connected with the fishing bounties, perlia s to the extent described by the Gentfrom Illinois, but frauds are in separable from all matters connected with the Government, and if we are to abolish any tax or revenue or system of favor on account of possible fiands, we shall have no Government at all. The Gentfrom Illinois must see that he would destroy every means the Government has to support itself on the reasoning of the SecyTreasury. I do not doubt that it has cost something to maintain the fishing interests, and erliaps as much as has been stated, and yet the government has derived much benefit from it. The fishing interest was the foundation of the commerce of these States. But for the prosperity which it initiated and upheld there would hardly have been a consiitucncy in the State of Illinois. It has enabled the capitalists of this country to expend $1, 100.000, (K)0 for railroads, $800,000,000 of which have been expended within the last ten years and it will enable the country to spend $800,000,000 more during the next ten ears for railways, in a great degree for the Vest, during the next ten years. It is not exactly just nor exactly liberal for the Gentfrom Illinois [Mr. WASHBIRNE] to taunt the East with the receipt of this bounty, even to the extent which he has stated, when it has been expended to build up the prosperity especially of his particular section of country.
Mr. WASHBUltiE, of Illinois. It was not in the nature of a taunt. I only stated a fact; I am not in the habit of taunting.
Mr. BANKS. I received it as a taunt. The gentleman said he was going to put it upon record for the benefit of future generations.
Mr. WASHBURNE, of Illinois. A statement of the amount of money paid to this in tercst.
Mr. BANKS. I desire to say to the gentleman not for the purpose of having my repl go down to future generations that that who was given us was for the benefit of the country; and it was as wisely expended and as wisely bestowed as any other favor ever received from the Government by any othergiortion of our people. As we have progresse in civilization and prosperity, we have been able to dispense with this assistance and I do not suppose that that part of the count wtheh I represent in part Will press against the judginent of the West or the central portion of the Union the continuance of this bounty.
Mr. WASHBURNE, of Illinois. The Gentfrom Massachusetts has accused me of voting against NewEngland measures. I would like to know what particular measures I have voted against which he has not voted against. He has made a general statement; I desire that it shall be made specific.
Mr. ALLEY. I will say, Mr. Chairman, that I am not here to s ccify any particular measure; but I do not believe that there is an individual member who has been here as long as I have who will not bear witness to the truth of my assertion when I say that the Gentfrom Illinois has nion every occasion gone against N NewEnglau interests, especially when it involved exeuditures of public money.
Mr. WASHBURNE, of Illinois. Can the gentleman state one occasion when I opposed I NewEngland interests? I can state one occasion when the Gentfrom Massachusetts undertook to get in a little amendment about leather. I went against it, and the House went against it also. Laughter.]
Mr. ALLEY. he gentlemans statement is a gratuity entirely; I never undertook to get in such an amendment, never against a vote of the House, or when the House did not sustain me.
Mr. LYNCH. Will the Gentfrom Iowa yield to me for a moment?
Mr. LYNCH. The Gentfrom Illinois has said that the Government has paid to the fishermen $15,000,000.
Mr. WASHBURNE, of Illinois. I did not say that. The SecyTreasury said it.
Mr. LYNCH. Well, as Iunderstand, the gentleman takes the ground that that $15,000,000 has been paid as a bounty to a class interest. Now, I desire to ask the gentleman a question. If that interest had been taxed 5515000,000, who would have paid the tax finally? lV ould not the consumers have paid it? Ipresume the gentleman would answerjn the athrmative. how, sir, if $15,000,000 has been paid by the Govern vernment as a bounty, have not the consumers finally got the benefit of that?
Mr. KELLEY obtained the floor, but yielded to
The Clerk read, as follows: PHILADELPHIA, March 1, 1866. Dan: Sm: I expected to have an interview with Mr. Wells yesterda on the questions touching your interests, but have beendisappointed. hen the subject of this coal was befo e the commission. no one had previously appearec beforeany member of the commissionto support the interests of that class of  coal. I had no idea of the extent to which that cool had made its way to the sea board and of course could not appreciate its importance. So far as I am concerned.I should prefer to havethe question of the duty en soit coal regardedas an open question. the parties interested were not all before the commission. The whole topic is one of great importance and deserves the seriousattention of the ComWays&Means. respectfully, STEPHEN COLWELL. Isiusi. W. Menizis. Js, Esq. Chairman CmnnitttcoonBituminmu Gaol Trade.
Mr. STEVENS. I will ask the Gentfrom Maryland, [Mr. F. Tuouss] before he takes his seat, to submits motion to strike out all in this bill in regard to coal, in order that that amendment may be before the House forits consideration and action.
Mr. FTHOMAS. I purpose doing so. But before I submit that moti I desire in this connection to have read by the Clerk the papers which I have sent up to his desk. are i)0(llll$0ltilf{ a practical illustration of all for which contend. They emanate from high and respectable sources in the neighboring provinces, and they tell the story with an emphasis exceeding, perhaps, anything I could say. They show that under that reciprocity treaty every inducement was offered to our people to emigrate and carry their capital With them, and seek for roliiable employment under a treaty we have a rogated, an Will, Ihope, admenish the House not to pass a bill which, if it becomes a law must in ikc manner diminish our wealth and population.
The CHAIRMAN. The bill is not now being read for amendment.
Mr. FTHOMAS. I conciirin that opinion. I moved the amendment at this time at t 10suggestion of the Gentfrom Pennsylvania, [Mr. STEVENS.] However, I give notice that at the propertime I will propose the amendment 1 have indicated.
Mr. MORRILL. Will the gentleman give way to allow me to move that the committee now rise? I suppose he is not very desirous to proceed with his remarks today.
Mr. KELLEY. I will yield for that purpose, if such is the desire of the House.
Mr. MORRILL. Imove that the committee now rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. RAYMOND reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly House bill No. 337, regulating trade with the British North American possessions, and had come to no resolution thereon.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Mc DONALD, its Chief Clerk, announced to the House that the Senate had passed a JtResolution (H.R.No. 17) giving the consent of Congress to the transfer of the counties of Berkeley and Jefferson to the State of WestVirginia, with an amendment, in which he was directed to request the concurrence of the House. BRITISH AMERICAN TRADE Again.
Mr. MORRILL. I presume that most of the general debate upon the hill just reported from the ComWhole has been concluded. I therefore move that when the consideration of that bill shall be again resumed in ComWhole, all general debate shall be closed in an hour. That will give the Gentfrom Pennsylvania [Mr. stisr] an opportunity to make his remarks; and then the 5 minute rule will apply.
Mr. DRIGGS. I would suggest to the chair man of the ComWays&Means [Mr. MoniiiLL] that this is a bill affecting many interests of the entire northern portion of the country, and therefore I hope the gentleman will allow more time for general discussion than will be required by the Gentfrom Pennsylvania Elihu KELLEY] for his remarks.
Mr. MOltR LL. The debate would be entirely unlimited, subject to the 5 minute rule. I merely desire that we shall make as much regress as possible, in orderto finish the bill) tomorrow.
Mr. DRIGGS. I he e that 2 hours, in stead of one, will be all owed for general de bate. Several other gentlemen, whose names have not beenmentioned, desire to speak.
Mr. MORRILL. I withdraw my motion for the present, as I see that the House is not full. CLERK to PACIFIC RAILROAD COMMITTEE.
Mr. PRICE. I ask unanimous consent to make a report from the ComPacificRR.
The SPEAKER. The report will be read for information, alter which the Chair will ask for objections. The report, which was read, states, in response to a resolution of the House in reference to clerks of committees, that the ComPacificRR has never had a clerk, the clerical work having heretofore been performed by a member of the committee, that the present accumulation of work renders it impossible for the work to be done hereafter in the same way. Hence the committee submit the following resolution: Resolved.That the ComPacRailroad be allowed a clerk for the next 90 days, at the same compensationu ll allowed to clerks of similar committees.
Mr. THAYER. I rise to a point of order. My point is that the instruction embraced in the resolution adopted by the House extended only to those committees that have clerks, and not to committees that have not clerks.
The SPEAKER. If that is the case, the Gentfrom Iowa has not the right to make the report.
Mr. PRICE. The committee certainly are not to blame for making the report, as the resolution was sent to theman they naturally supposed that a report was expected from them.
Mr. THAYER. I insist on my point of order.
Mr. WASHBURNE, of Illinois. I move that the House adjourn. The motion was agreed to; and thereu on (at 5 oclock p. m.) the House adjourne.
@@@IN SENATE SENATE. Wsnyssnn, March 7, 1866. proor by Rev. M. J. GONZALES, late chaplain U.S. Army. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATIONS.
The President protempore laid before itho Senate a communication from the SecyWar, transmitting, in compliance with a resolution of the Senate of the 52h instant. information in relation to the construction O a magnetic telegraph line from NewOrleans to SanFranciseo; which was ordered to lie on the table.
The President protempore also laid before the Senate a communication of the SecyWar, transmitting, in answer to a resolution of the Senate of the 27th ultimo, a report of the chief Engineer of the U.S. Army in relation to the improvement of the harbors on Lake Michigan, in Wisconsin and also at Superior, on Lake Superior; which was ordered to lie on the table, and be printed.
Mr. RAMSEY, from the ComNavAffrs, to whom was referred the petition of Wilson D. Burlingaine, late acting masters mate U.S. Navy and William Peter kiii, late acting gunner U.S. Navy, Officers in charge of the 2nd cutter of the U.S. steamer Shamroek, for them !t selves and 11 others, the boats crew, praying for a distributive share of the prize money resulting from the blowing up of the rebel ram Albemarle, on the 27th of October, 1864, asked to be discharged from its further consideration; which was agreed to, and the report was or dered to be printed.
Mr. GRIES, from the ComNavAffrs, to whom was referred the petition of Captain F. M. Faircloth, praying for remuneration for property lost on card of the steamer Boston while on an expedition up the Ashepo river, SCarolina, in May, 1864, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to. He also, from the same committee, to whom was referred the memorial of Hen Ea le, a commodore in the naval service of the U.S., praying to be reimbursed for money alleged to have been stolen from him June 2, 1848, while acting purser of the U.S. bomb vessel Etna at Frontera, in the State of Texas. he having paid the same on settlement of his accounts, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to. He also, from the same committee, to whom was referred the memorial of Albert Green leaf, praying for compensation for extra services while holding the office of Navy a cut at Washington, DistCol, ased to be discharged from its further consideration, and that it be referred to the ComClaims which was agreed to.
Mr. RIDDLE. The ComDistCol, to whom was referred a bill (S.No.169) to amend an act entitled “An act. to incorporate the Guardian Society, and Brovide for reforming juvenile offenders in the DistCol, and for other purposes, have directed me to report adversely thereon, and to move that it be indefinitely postponed. The motion was agreed to.
Mr. MORRILL, from the ComDistCol, to whom was referred a bill (S.No.185) to preserve evidence of marria es in the DistCol, reported it with an amendment.
Mr. WILLIAMS, from the ComClaims, to whom was referred the petition of Mrs. Elizabeth R. Smith, widow of icutenant Richard H. Smith, U.S. Army, who was lost on board the steamer SanFranciseo in December 1853, praying for compensation for property 0st on oard that steamer at the time it was wrecked, submitted an adverse report; which was ordered to be printed.
Mr. HENDRICKS, from the ComNavAffrs, to whom was referred the pe tition of Charles Murray, a paymaster in the U.S. Navy, prayin" for additional compensation for services at The naval station at are Island, California, reported adversely thereon. WASHINGTON CANAL.
Mr. MORRILL. The ComDistCol, to whom was referred a resolution requesting the President to detail 3 competent engineers to survey the canal in this city With a view to its improvement by the removal ofeiristing nuisances, have instructed me to report it back and recommend its passage; and ask for the present consideration of the resolution. By unanimous consent, the Senate proceeded to consider the followmg resolution: Resolved, That the President be and hereby is, requested to causeto be detailed 3 exGcricnced s illful en and who ineers of the Army of the U.S., the Washington irceicttyeedatnoael xaanmdirneepothrtewehnatitreimlimned of ate means. In their judgincnt. should he adopted for such temporary improvement thereof usWill best sneactiuorn eatlhmeeliteroapltoli lisodfuireinSgidtehnetsand citizens of the also such plan coining summer, and for the permanent improvement and creugisuthantgion t licre of a sivill most effectually remove the nuisancesand prevent future similar accumulations. l The resolution was adopted. EULOGY 0N HENRY WINTER DAVIS.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to print 10,000 copies of the eulo y on the late Henry Winter Davis by Hon. A. J. CRES WELL, on the 22d of February, have instructed me to report it back with an amendment, and to ask for its present consideration. There being no objection, the Senate proceeded to consider the resolution, which is in the following words: Remloed, That10,000copiesof the address of the Speaker of the HoRepand the eulogy on the late Ilenry Winter Davis by Hon. J.A.J.GRESWELL, 0U the 22dof February, beprinted ifnorththeeGulsoeboef. Senators, and that the samebe printed The amendment of the committee was to strike out “ten ” and insert “6, ” so that it will read “6,000eo ies.”
Mr. ANTHONY. That is the same number that was printed of the eulogies on our late associate, Mr. Collamer. The amendment was agreed to. The resolution as amended was adopted. BILL INTRODUCED.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a hill (8. No. 190) to incorporate the DistCol Canal and Sewerage Company; which was read twice by its title.
Mr. TRUMBULL. I desire to say in ref erence to this bill that I have not examined it; it was prepared by a gentleman who handed it to me with a renest that I would introduce it. I move its reerence to the ComDistCol. The motion was agreed to. PRINTING or AN AMENDMENT.
Mr. POMEROY. I ask leave to introduce an amendment to a bill which is now pending before the ComPubLands. It is an amendment to the bill (S.No.143) to revive and extend the provisions of an act grantin the right of way and making a grant oflan to the States of Arkansas an Missouri, to aid in the construction of a railroad from a point upon the Mississippi, opposite the mouth of the Ohio river, via Little Rock, to the Texas bound ary, near Fulton, in Arkansas, with branches to Fort Smith, and the Mississippi river, approved February 9, 1853, and for other purposes. I move that the amendmentbe printed and referred to the ComPubLands. The motion was agreed to. PROTECTION OF ARMY OFFICERS FROM SUITS.
Mr. WILSON. I offer the following resolution: Resolved, That the ComJudiciary be directed to inquire what legislation is necessaryto protect officersof the Army from arrest and prosecution by civil suits for acts done in execution of the ordersof their superior officers during the rebellion while they were holding commissionsin the Army of the U.S., and subjectto the Rules and Arti elcsof War: and that the committee have leave to report by bill or otherwise. There being no objection, the Senate pro ceeded to consider the resolution.
Mr. WILSON. I desire simply to say that I have introduced this resolution because of the large number of prosecutions that have recently been commenced in some parts of the country against the officers of the Army after being mus tered out of service, and against some who are still in the service. In the State of Kentucky I learn that several officers have been prose cuted and fined by courts, that certainly have done nothing during the war to support the country, and heavy lines imposed upon them; and but the other day General Terry, from Richmond, called on me and said he had been prosecuted, on an official visit to this city, for acts done in Virginia, and already subjected to large expenses. the Judiciary will take this subject into serious consideration and see if something cannot be done to irotect the officers who have acted under orders and performed their duty during the rebellion through which we have passed The resolution was adopted. I hope that the committee on PASCHALS cossriruriou.
Mr. HENDRICKS submitted the following resolution; which was considered by unanimous consent, and agreed to: Renolved, That the Comrnitteoon Rublie Printing inquire into the proprietyof purchpsing for the use of the Senate a number of the comes of the Constitution of the U.S. with the notesof refer iapeelpnlda complete index. prepared by George W. use a
Mr. HENDRICKS. I ask that the specimen of the Constitution and notes which I have sent up to the Secretarys desk be referred with the resolution to the committee.
The President protemporc. It will be so referred. CHOLERA COMMISSION.
Mr. SPRAGUE. I submit the following resolution, and ask for its present consideration: Remind That the committeebnForeign Relations consider the expediencyof reporting a bill for the appointment of a medical commissionof 2 members. to be selected, one from the Army. the other from civil professional life. to examine the subject of cholera, disinfectants.andquarantine and to at tend the proposed international convention as suggested in the Presidents communication upon the same subject.heretofore referred to the ComForRel. There being. no objection, the Senate proceeded to couSider the resolution.
Mr. SPR AGUE. The resolution shadows forth the opinion of many medical men beam on the subject of cholera and disinfectants an quarantine, and upon the international congress about to meet at Constantine ple. Itrust the subject will receive the earnest attention of the comForRel, asitis one to which legislation att is time may well direct itself. I know of no subject more importantto the interests of the people of this country. The resolution was adopted. INVESTIGATION OF COTTON YRAUDS.
Mr. DAVIS. I move to take up the resolution that I offered some time since for the uppoiuement of a committee to investigate cotton tiau s.
Mr. CONNESS. I ask whether the bill that was pendingyesterday in the morning hour does not now come u without a motion, as the order of the morning our?
The President protemporc. It has not been the practice of the Senate to take u resolutions or bills that are left as unfinishe business in the morning hour. Any motion to proceed to the consideration of any other subject has always been considered as in order.
Mr. CONNESS. I trust the honorable Senfrom Kentucky will let his resolution pass over for another morning or 2, since we are in the midst of a debate and near a vote on the otherquestion to which I allude.
Mr. DAVIS. If the honorable Senator will allow an amendment which I propose to offer as a substitute for my original resolution to be read, I have no objection to the matter taking the course he indicates.
The President protempore. Does the Senfrom Kentucky wish to have the motion at on takinghup the resolution referred to by im, or does e ask common consent to have the reosed substitute read? Mli. BAVIS. The resolution can be taken up 1st, and then the proposed substitute can be read.
The President protem ore. Then the question is on the motion of the Senfrom Kentucky to proceed to the consideration of the resolution indicated by him. The motion was agreed to; and the Senate resumed the consideration of the following resolution, submitted by Mr. DAVIS on the 9th of February:, Wholflu choicesof fraud. pecnlatlon and extortion havebpeumadeagainsta outsof the Cotton Bureau by Citizens and especialy cot tonplanters and cotton factors: and whereas said charges have also been made through the public press and the serious attention of the Senatecalled thereto; and whereas ll has been madeto nppearto the Senatethat agents. in some instances, have been indicted by the State courts for sttitirlliue. ilflll the jurisdiction of accused agentstaken out of the hands of the civil authorities by military ree: Resolved.That a committee.to consist of senators.be, and the saine is hereb. appointedto investigate the suideharges, without only tohave brought eforo them persons and papers; and said committee will report the result of its investigation to the Senate for action.
The President protempore. The Senfrom Kentucky offers an amendment, as a substitute for the resolution, which will be read.
The Secretary read it, as follows: Resolved That the following be added to the special rules of the Senate: At this time, and hereafter at the commencement of each session, the President of the Senateshall uppoint a committee, to consist of 5 members.on the abuses of power by all officers and employeesof the U.S. 2. When there is a political artin the Senate opposedto the party which may O in ministering the government. the President shall nppomt a majority of said committee.including the chairman from the Opposition. Said committee shall investigate all abuses of trustand power by the o thee rs anedmployEs of the Government.commencingtheir investigations from the 1st of January, 1861.
Mr. DAVIS. I asked that that amendment be read for informationof the Senate, and I have now no objeetion of the matter going over.
Mr. TRUMBULL. Before this subject matter passes from the consideration of the Senate, I wish to say a word. It will be remembered that when the Senfrom Kentucky called up this resolution some days ago, be caused to be read at the Secretarys desk a statement, I do not know from whence it came, reflecting very much upon an officerin the Army who is from my State, general Brayinan. I have received from General Brayman a note which, in justice to him, as he was severely reflected upon by that communication I think ought to 9 read.
Mr. COilNESS. It can be read when the subject is u.
Mr. TRIFMBULL. It is up now and may never be up again. It will take but a moment to read it. I ask that General Braymans letter may be read that it may have the same publicity as the charge that was presented against him. I will read it myself or ask the Clerk to read it.
The PRESIDENT protempera. It will be read, if there be no objection.
Mr. TRUMBULL. I have not examined this case, and therefore I will not undertake to affirm the guilt or innocence of an of these parties. I will state to the Senfrom Kentucky that General Brayman, with his letter, transmitted to meavery long doeument, showing the official proceedings and orders in regard to this
Mr. Burnett. I have not asked to have them read. I have not read them myself. I only had the letter of General Brayman read to show that he denies all these accusations, and manifestly the Senate could not decide upon this matter by reading these papers. General Brayman avows himself quite read and de sirous to have an investigation. If fie matter is of such character as oughtto be investigated, and the Senfrom Kentucky thinks it is, and has examined it, I hope he will insist on the appointment of a special commitee to look into it. That is what General Brayrnan de mands. I hardly think it would be worth while to ask the Senate or that the Senate would consent to the reading of allthese papers, and I do not see any good to come O it. I only asked to have General Braymans letter read that he might simply deny the charges. He does not go into the details in his letter as will be seen, but I have here a long statement from him on the subject. I cannot say what it proposes, for I have not had time to examine it myself. I be e the Senfrom Kentucky will insist on his special committee and investigate this matter. That is what General Bray man desires.
Mr. DAVIS. I will aoee t the sucation of the Senfrom Illinois I may be a owed to do so. At 12 oclock tomorrow I will ask that a special committee be raised in conformity to the request both of Mr. Burnett and of General Brayiuan.
Mr. (iltllllllS. It will be remembered that in the paper, that was partially read at the request of the Senfrom Kentucky there were some very serious charges made against General James M. Tattle, a citizen of the State which I have the honor in part to represent. 1 have not had an opportunity to have any communication with general Tuttle since that paperwas read, but I desire to say, in vindication of General Tuttle, that 2 years ago his character was so fair and unblemished in the State of which he is a citizen that he was the Democratic candidate for Governor, and he received the whole strength of that party; and in vindication of that party I thin it is due that I should here say in their behalf that they would not consent to give their votes in behalf of a man who stands charged justly of the offenses which are set forth in that paper. I will sa further, that so far as I know and believe general Tuttle is an honorable and excellent man. I never heard any of these charges against him, and although I am not prepared to say that they are not true, I am preared to say that I do not believe one word of them.
Mr. CONNESS. I hope that now this subject will O over at present; and I will state again to the honorable Senfrom Kentucky thatI agree in the suggestion made that this whole matter should go to a special committee. I think he will concede that the reading of these papers before the Senate should not be had now, and that the whole subject matter should be sent to a committee to investigate it.
Mr. DAVIS. I have acquiesced in that before.
Mr. conNESS. I hope the resolution will go over in order that we may take up this other subject to which I have al uded and come to a vote upon it. I am exceedingly anxious to have that disposed of, becauselI receive constantly letters and telegraphic dispatches callingumy attention to it.
Mr. DAVIS. My suggestion is simply this: that this matter be made the special order for half past 12 oclock tomorrow with a view then to raise a committee.
Mr. CONNESS. The Senator can move to take it up without making it a special order. There Will be no objection to it.
Mr. DAVIS. I hope we shall then take a vote without any discussion. Before I take my seat I will remark that I was advised, as the Senfrom Iowa has stated that General Tuttle was the Democratic candidate for governor in the State of Iowa. 1 took it for granted, and I still am of opinion, that he is a man of integrity and of character. If he be so, then the investigation cannot harm him or any other man who occupies such a position, but would have the effect to vindicate them from all aspersions; and I shall be gratified if General uttle and General Brayman and every body else implicated in the charges made by Mr. Burnett shall come forth as bright as burnished gold.,
Mr. FESSENDEN. I wish to enter my protest against this investigation being had under the resolution orinally offered by the Senfrom Kentucky. That resolution points at the Treasury Dept and the Treasury agents, 810. The evidence he has adduced has reference to abuses by officers of the Army and not oficers of the "reasury Dept. If he varies his resolution so as to meet this individual case without regard to which it may be considered that evidence has been offered, I shall make no objection to it; but I shall object to an investigation under the original resolution. No testimony whatever has been of fered on that subject except to deny that there has been any abuse; that is to say, so far as the Senate are concerned.
Mr. conNESS. All that will necessarily come up when the question of appointing the committee comes up, and there is value in the suggestion made by the honorable Senator. I hope the subject will go over now, and the Senfrom Kentucky can take it up without opposition in the Senate on any morning.
The PRESIDENT protempura. It is moved that the further consiation of this resolution be postponed until tomorrow, and be made the special order at half past 12 oclock. The motion was not agreed to.
Mr. DAVIS. I suppose that is an end of the matter.
Mr. CONNESS. The Senator may call it up at any time, and I have no doubt he will be a owed to do so. I move that the Senate now proceed to the consideration of the motion to reconsider which was pending yesterday.
The PRESIDENT o tempore. The subject before the Senate is not disposed of. The senate merely refused to make it the special order for tomorrow at half ast 12 o clock.
Mr. CONNESS. Then move it be post poned until tomorrow.
Mr. YATES. I will inquire of the Senfrom Kentucky whether these papers are with e drawn. I on rstood him to say, “This is an end of the matter.” Are the papers introduced withdrawn?
Mr. YATES. anything. I desire to say in be half of General Bravman that he demands an investigation, and do not see, unless it is not in order at present, why this committee might not be a point edJiy unanimous consent. I hope it will 1be done, or at least it will be agreed that the committee shall be appointed.
The President protempore. The m8tion before the Senate is that the further consideration of the resolution be postponed until tomorrow. The motion was agreed to. BONDED WAREHOUSES.
Mr. CONNESS. I nowrenew my motion. The motion was agreed to; and the Senate resumed the consideration of the bill H.R.No. 135) to extend the time for the with rawal of goods for consumption from public store and bonded warehouse, and for other purposes, the pending question being on the motiOn to recou sider the vote assing the bill.
Mr. SPRA UE. I move that the further consideration of this subject be postponed until the day after tomorrow.
Mr. CONNESS. I hope that will not be done by the Senate. The honorable Senator has told us that he intended to contest this measure by postponement. Now, I hope we will come to n.vote.
Mr. SPRAGUE. I brought to bear to the consideration of this question yesterday a very hoarse voice, and today I find that my voice is no better, and I have also somewhat of a fever, which would render it rather difficult for me to express the views that I entertain in the manner that I should be glad to do. I therefore make the motion to postpone, and trust that upon that day I shall be able to continue and conclude the remarks that I propose to make upon this su.bject. 1
The PRESIDENT protempore. It is moved that the further consideration of this bill be post poned until the day after tomorrow. The motion was agreed to.
Mr. CONNESS. I have notice that on the day after tomorrowI shall call for a vote, and shall call for the ycas&nays on this question. INTERNALREVENUE.
The President protempore. Those corrections will be made if there be no objection, being merel verbal corrections.
Mr. SHERMAN. Perhaps it is due to the Senate that I should state the effect of this bill. It is to change and modify the income tax some what. By a decision made by the Chief Justice in Baltimore certain bon s if they belong to foreiers are exempted from the income tax. the purpose of the 1st 2 sections of the bill is to reach incomes due to foreigners derived in this country from conous, bonds, duo. of corporations. I think that is mani festly ust. The 3rd and 4th sections are inteued to cover an evasion or fraud of the law. When the income of an individual is pay able in gold, it is often returned as so much money in gold but if it should be reduced to the standard of our ordinary currency it would make a considerably larger sum. The purpose is, where the income is returned in gold, that the tax shall be paid in gold or its equiv alent. With this explanation, I do not know that it is necessary to say anything further.
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. It was read the Unrd time, and passed.
Mr. BUCKALEW. I move to proceed to the consideration of the resolution now on the table in relation to the appointment of a committee on ventilation. The motion was agreed to; and the Senate proceeded to consider the followin resolution submitted by Mr. Bucnnnw on the 18th of January: Resolved, That a committee of the Senate be apointed for the presentsession, to consistoffivomcm here.to be entitled the committee on ventilation, to which shall be assigned the considerationofallques tipns relating to the yentilation and sanitary condition of the Senatewin: of the Capitol. The resolution was adopted. A. J. GRAY.
Mr. LANE, of Kansas. I move that the Senate proceed to the consideration of the bill (S.No.180) for the relief of A. J. Gra. The motion was agreed to, and the bill was read a 2nd time and considered as in ComWhole. It requires the ComrPension to place the name of An drew J. Gray, late a pi ot on board the U.S. nboat Judge Torrence, upon the list of inva did pensioners, at the rate prescribed for officers of his rank by act O Congress approved July 14, 1862.
Mr. FESSENDEN. I should like to hear the report in that case.
The President protempore. The Chair iifldbvified that there is no report accompanying the i.
Mr. FESSENDEN. Then I hope the bill will not be acted upon at the present time. There ought to be a report accompanying all these pension bills.
Mr. LANE, of Kansas. This case was referred to the Commissioner on Pensions, and was considered by the ComPensions and unanimous] reported to the Senate.
Mr. FESSE DE. I am opposed to actin on these cases out of the ordinary course. I they do not come within the provisions of the law, a report should be submitted with each case so that the Senate maybe able to judge upon them. It is very unsafe doing business in this way upon the mere verbal statements of individual Senators. There ought to be a report in all these cases stating the facts upon which the bills are based.
Mr. LANE, of Indiana. case are ver full, statin the facts, and they are filed with the bill. he facts are these: this man was disabled by the concussion of a shell while serving on a western gunboat as a ilot. Those volunteer ilots are not provided or in any pension law. he committee thought it but properthat this case should be provied for. he roof is clear. The bill merely proposes to place him upon the pension rolls j st as he would have been if he had been in 518 regular Navy of the U.S. This is the whole of it.
Mr. FESSENDEN. The custom has been heretofore, and it has been invariable so far as I know, to make a report in each case giving the facts, and this practice that may be growing up, to have no reports but to take verbal statements, is, in my judgment, a very bad and unsafe one with regard to claims before Congress and the iranting of special pensions. For the sake of the precedent we ought always to have a report upon the subject. I am opposed to this practice. I think it is a bad one. Iknow it is an innovation. We ought not take the mere verbal statements of parties. It seemsto me that we are becoming very careless in these matters. I dare say this is a very good claim. I know nothing about it.
Mr. LANE, of Indiana. If there was time Iconld read all the papers accompanying the bill. They contain aIl the facts in the case.
Mr. FESSENDEN. That would take longer than a short regort showing the facts.
Mr. GRIME.Iobserve this bill says that this lpe on was a pilot, and it provides that he shal draw the pension that is allowed to or sons of his rank and grade. What is that 1 I The papers in this
Mr. LANE, of Indiana. 25 dollars a month.
Mr. LANE, of Indiana. Pilot in the regular Navy.
Mr. GRIMES. I would inquire if there is any law that specially designates the rank of a Hot?.
Mr. LANE, of Indiana. Yes, sir; in the law of 1862, to which this bill refers. If Senators desire iIt have no objection to the bill being recommitted, and then I can report it back ain with a written repOit.
Mr. FESSENDEN. I should like that to he done, because I would like to know what the case is.
Mr. LANE, of Indiana. I move that the bill with the accompanying papers be recommitted to the ComPensions, so that we may accompany the bill with a written report. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYI), its ChiefClerk, announced that the HoRep had agreed to the amendment of the Senate to the joint {esolution of the House (H.R.No. 17) giving he consent of Congress to the transfer of the counties of Berkeley and Jefferson to the State of WestVirginia. The message further announced that the HoRep had passed the following bills and JtResolution, in which it requested the concurrence of the Senate: A bill (H.R.No. 183) concerning the fire Dept of Washington city, A bill (H.R.No. 223) to amend an act to incorporate the Mutual Fire Insurance company of the DistCol; and A point resolution R. No. 84) for the relic of the sufferers iy the late explosion at the U.S. arsenal in the DistCol. APPORTIONMENT of REPRESENTATION.
The President protem re. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, being the JtResolution (H.R.No. 51 proposing to amend the Constitution of the U.S., on which the Senfrom Massachusetts [Mr. Swami m] is entitled to the floor.
Mr. CONKLING of the other House, an to which I refer to substan tiate what I have said. I will not present the table at length; but from it the facts appear which I have stated. I will read a single paragraph from what Mr. CONKLING states to be shown by the table: we amwe “From thesetab! it will be seen that inflow England State would lose a single Representative either by making white men over 21, or all men over 20 one, the basis of apportionment. 0n the contrary, taking white men over 21 us the bash)! meta would gain two and connaoticut and Maine can. NewYork would gain a four. 61 would not in the East. upon a basis of matev6. blaek white. Ohio m3 Illinois would lose one Representative each and Pennlylvania two. Calif ornin aline st alone of the States herelolbrcfrrc, would ruin. ller extraordinary abun dance of male population would double her representation. It is now 3: it would be 6. ”
Mr. ANTHONY. How would it be, let me ask the Senfrom Wisconsin, with Tennessee, where they have disfranchised those who were engaged in the war on the rebel side?
Mr. DOOLITTLE. In relation to that, I willstate to my honorable friend that the census which we have already taken runs to 1870, and practically the apportionment will not be made till about 1872, 6 years to come.
Mr. BROWN. Unless we order another in the interval.
Mr. ANTHONY. But, I understand that in Tennessee where those who have been engaged in the war against us are disfranchised, this amendment will compel the people of the State of Tennessee to admit them to suffrage, or else to lose a large portion of their representation. It would he, therefore, a direct inducement to them to extend suffrage to a class that they have disfranehised for treason.
Mr. JOHNSON. If the Senfrom Maine will give way, I move that the further consideration of this question be postponed until one oclock tomorrow. This is the 1st time the honorable Senator has proposed to address the Senate on the subject, an it is rather late to ask a Senator to speak at this hour. Isuppose there is no purpose of taking a vote today; I therefore more that the subject be post poned until tomorrow at one oclock.
Mr. FESSENDEN. I do not wish to urge this matter, as I suppose it is impossible to get a vote to night, against the wishes of my colIea ue, if he prefers to speak in the morning. I Siould like very muc, however, to know whether there are other gentlemen who propose to speak, so that we can have some understand, ing. I hopegentlemen will be good enough to state whe the r they wish to spea. If there are none others to speak I hope there will be no objection to our getting the vote tomorrow. I shall have something more to say myself, and I can as well say it at one time as another, though I suppose, according to the ordinary courtesy of the Senate, it would rather belong to me to close the debate.
Mr. MORRILL. I shall not occupy much time.
Mr. FESSENDEN. But you would prefer the resolution to go over until tomorrow mornia 3
Mr. IORRILL. That would be more agreeable to me.
Mr. FESSENDEN. I shall not object to it;but I give notice to the Senate that shall endeavor to get the vote tomorrow if there are no other gentlemen who desire to make speeches, and take it, from the silence of senators, that there are no more who wish to speak on the subject.
Mr. JOHNSON. They are not all here. I renew my motion to 0stpone the further consideration of this an ject until tomorrow at one oclock, and make it the special subject for that hour. The motion was agreed to. GREAT FALLS ICE COMPANY.
Skip Skip The bill was reported to the Senate.
Mr. POMEROY. I notice that the bill is apparently so drawn that this corporation is to exercise its franchise in the DistCol, and yet it is not confined to the DistCol by the terms of the bill. I notice at the end of the 1st section that it is provided that the corporation may carry on its usiness in the District. “ or in such other place or places as the directors of the company may determine.” They may go to Maine or an where else. We have not heretofore, I thin, made a corporation to have existence and do business outside of the District.
Mr. MORRILL. You will see thatJry the 1st section its whole operations are confined to, the District. These persons are made “a bod politic or cerporate by the name and style of the Great Falls Ice Company, of Washington, in the DistCol, ” and they are empowered to acquire “ real estate in the DistCol. It is confined to the District., Mr. POMEROY. But the last clause of the 1st section reads, “or in such other place or places as the directors of the company may determine.” I move to amend this clause by insertin the words “within the District” after the wor “ places.”
Mr. MORRILL. I have no objection to striking out that clause.
Mr. POMEROY. I move the amendment which I have suggested.
Mr. CLARK. That amendment is wrong. It makes a repetition of the clause relative to the District.
Mr. MORRILL. I think the whole operation of the corporation is as was intended confined to the DistCol, except in the mere matter of selling the ice. The provision to which the Senfrom Kansas refers merely gives authority to sell ice “in said District or in such other place or places as the directors of the company may determine."
Mr. POMEROY. That lets them go all over the world.
Mr. MORRILL. Only for the purpose of selling. It allows a sale undoubte ly outside of the District. If your object is to prevent that, strike out the last words of the 1st section.
Mr. POMEROY. My object was to prevent our making a corporation to travel all over the world: We can make a corporation for the District, but ought not to allow it to extend its operations elsewhere to Maine or Massachusetts or other States.
Mr. MORRILL. I think that is rather too strait placed for the DistCol. because people living in the DistCol are authorized to carry on a trade or employment in the DistCol, I can ardly conceive that they ought to be restricted from the sale of their commodities outside of the District. Suppose we were to incorporate them as a manufacturing company for the manufacture of cotton or woolen goods, would the honorable Senator desire to rave the sales of their goods restricted to the District of Colum bra?
Mr. POMEROY. I would not allow them to go and travel all around to sell their goods.
Mr. MORRILL. We do not allow them to travel with their corporation, but with their products, the result of their labors, so that they may find a market in any part of the country. They should have the same privileges, it seems to me, as the citizens of any of the States would have. We give these people a corporate organization for the cutting and preservation of ice or any other purpose, me chonical or otherwise. For the sale of their products the whole country should be open to them as well as to the citizens of the States. If the object of the amendment is to prevent that, I am opposed to it. I think, on the whole, I would insist on the provision as it comes from the committee,unlcss the Senate should think it too liberal as it now stands. These people are authorized to cut and preserve ice, and to that end they may take and hold by absolute conveyance in fee simple or upon ground rent such real estate in the DistCol as shall answer their purposes; and they may sell their ice so taken in the District or elsewhere where they can find a market: I think that is fair. I hope that my friendfrom Kansas will not object to that.
Mr. POMEROY. I do not suppose there is very much in the objection. I do say, however, that it is a new feature in our legislation to allow a corporation, created by Congress, in this District to set up business outside of the District.
Mr. POMEROY. They may, under this pro. vision, have an agency in the State of Maine if Maine was a marketable place for ice, an in their corporate capacity sell ce in the State of Maine; and if they can, as a corporate company, sell ice outside of the District, then their corporation exists outside of the District. They can have an agency in Charleston and the corporation may exist inside of a State. That is the only point I make, that if they are allowed to sell ice as a corporation outside of the District, they may have an agency for the sale of ice anywhere. I do not say thatI care anything about it, but it is a point we never have yielded, that corporations created by Congress should either be in the Territories or in this District, where we have exclusive legislation; and they should not be allowed to set up inside of a State. That is the only point I make.
Mr. HENDRICKS. I suppose the corpo ration cannot exercise its franchise outside of the District anyhow in a State, without the consent of the State. If the States give their consent to it, it may.
Mr. MORRILL. Let me see if I can meet the views of the Senfrom Kansas. I sug est that we strike out all after the word “ice” down to and including the word “places” in the next line. It will then read “for the construction of ice houses and cutting, securing, and selling ice as the directors of the company may determine.”
Mr. MORRILL. That leaves out the words “in the said district, or in such other place or places.”
Mr. POMEROY. That is right. I will accept that.
The PRESIDING OFFICER, Mr. Hows.) The amendment as modified will e reported.
The Secretary read the amendment, which was in line 17 of section one to strike out the words “in the said District, orin such other place or places.” The amendment was agreed to.
Mr. POMEROY. I suppose I ought not to make any other objection, but I see that the last section provides: Said corporation shall also have power to make such by laws.rules, and regulations as maybe necessary for carrying out its objects. It is a very unlimited power to have them. They judge of what is necessary to o and they have the power to do it. Severn SENATOBS. That is usual.
Mr. MORRILL. Of course they must not be inconsistent with the law establisliin it.
Skip Skip The bill was ordered to be eugrosse for a 3rd reading, was read the 3rd time, and passed. HOUSE BILLS REFERRED. The followin bills and JtResolution from the HoRep were severally read twice by their titles, and referred to the ComDistCol: A bill (H.R.No. 183) concerning the fire Dept of Washington city; I bill (H.R.No. 223 to amend an act to incorporate the Mutual ire Insurance company of the DistCol; and A8011“. resolution (H.R.No. 84) for the relic of the sufferers by the late exlosion at the U.S. arsenal in the DistCol. ADMISSION OI COLOR ADO“.
Mr. RAMSEY. I move to postpone all other business, and to proceed to the consideration of Senate bill NO. 74 for the admission of the State of Colorado into the Union.
Mr. SUMNER. I hope that will not he proceeded with now.
Mr. CLARK. Ihope it will not be taken up at the present time.
Mr. RAilSEY. I hope at least we may give it one reading at present, and then proceed from time to time as we can get along. The gentlemen who represent Colorado have been waiting here for some time, and it is due to them that we should at least give the bill a rendin.
Mr. SUMNER. I have no objection to that.
Mr. BROWN. There are several gentlemen that want to soak on it.
Mr. RAMS iY. I desire the Senate to ceed with the consideration of this bill is my motion.
Mr. POMEROY. I do not suppose we shall be able to consider it at length to night, but I think we ought to set an early day for considering it.
Mr. RAMSEY. It is not very long; only 2 sections.
Mr. POMEROY. I am opposed to having it put off indefinitely. I have never known a Territory to come here as Colorado has when the case was not even considered. There are 2 Senators from Colorado sitting with us here, and their case is not even considered, but is day by day and day by day postponed. I think we ought to set an early day for its consideration.
Mr. RAMSEY. This is the earliest possible day we can consider it. I hope the Senate will take up the bill.
Mr. WILSON. It will not be of any use to take it up at this time; nothing will be gained by doing it. We have a constitutional amendment pending which it is intended to dispose of tomorrow, or at the farthest next day, and then the Senator can move to take up this bill. I apprehend that this measure is not goin to pass without some discussion, from what I hear about me, and therefore I think we had better not take it up now, but go into executive session and do a little business.
Mr. MORRILL. Allow me to pass a small bill 1st that will not take over 5 minutes.
Mr. TRUMBULL. My friendfrom Massachusetts knows quite as well as anybody in the Senate that when the constitutional amendment is disposed of something else will come up. There will always be business before the Senate to take upl its time and attention. It does seem to me that this question in regard to the admission of Colorado as a State is entitled to the consideration of the Senate. I shall exgress no opinion at this time as to whether that State has formed a constitution in accordance with the enabling act authorizing the people of that Territory to form a State government, and be admitted into the Union. They have formed a State government; they have sent their Representatives here and ask to be admitted; and it does seem to me that we are bound to give that case consideration; and we ought not to postpone it from time to time. If the enabling act has not been complied with, and the facts do not warrant the recognition of this State, certainly the people of Colorado are entitled to know it. I think we had best take up the billthis afternoon, and proceed with it at once. If gentlemen desire to speak upon it, it is not li ely we shall get through with it this afternoon; but it will be under consideration. I trust the Senate will sustain the motion of the Senfrom Minnesota, and let us call up the bill. I consider it due to the gentlemen who are here top resenting the State, and due to the former action of Congress itself.
Mr. SUMNER. I have no disposition to interpose one days delay to the consideration of this bill; but when I look at the clock and see the hour, it does seem to me that it is not advisable for the Senate at such an hour to prohat commence the consideration of such a bill. My friendfrom Illinois says we shall not do much with it today. Then why take up time with it now?
Mr. SUMNER. “So as to be in it, ” the Senator says. He has already to (1 us, or a Senator has told us, that there are but 2 sections in the bill. Those can be read in 2 minutes. How for then shall we get? I have given notice myself of an amendment that I shall move, and I have several letters and papers which I have received from Colorado which at the propertime I wish to lay before the Senate. I have brought them down to the Senate half a dozen times in a file expecting that this bill might be called up. It has not been called up. This morning, knowing that I was to address the Senate on another matter I did not brin my file of papers with me; I have not got them here; am not, therefore in a condition to go on with the discussion, and I say to the Senate that I have letters and papers which I wish to lay before the Senate with reference to thisquestion.
Mr. TRUMBULL. If the bill isnp, and we get so far with it that we can proceed no further without the Senfrom Massachusetts going on, certainly, for one, I shall vote with him to put it over until tomorrow, in order to give iman opportunityto express his views and present the fiicts he desires to lay before the Senate. But if we do not take up the bill now, it will be tomorrow just as it has been today. The Senator has from time to time come here with his papers prepared to consider this subect, but it as gotto be such an old story with imthat he has now forgotten them and left them at home. I think we had better commence upon it, and then he will know that we design proceeding with it, and will bring his papers ere.
Mr. SUMNER. It scemsto me that we had better make it asecialorder, perhaps for half past 12 ocloc tomorrow.
Mr. CONNESS. There is an order for that hour.
Mr. SUMNER. Then say half past 12 the next day,
Mr. RAMSEY. Lotus progress as far as we can now.
Mr. SUMNER. How far can you get? It is ten minutes past 4 oclock, and you propose to take up the bill when a Senator who as made a motion which lies at the threshold says he has not his papers here upon which he bases the motion he proposes to make. I have drawn up my motion but have it not. here with me; I have not the papers with me. I have not the letters which I have received from various parties in Colorado. I did not expect that this bill by an possibility could come u today, and it is the 1st day for a week that Iliiave left my papers at my room. The Senator may call it up tomorrow or the next day, audI will assist him in bringing it u.
Mr. WILSON. I move t iat the Senate proceed to the consideration of executive business.
Mr. CONNESS. I hope not. Iwill inquire of the Chair whether that motion is in order while another motion is ending.
The PRESIDING OFlillCER, (Mr. Hows in the chair.) The Chair understands that it, is.
Mr. CONNESS. I hope we shall not go into executive session at this hour. There are several Senators who have charge of bills of great {Interest that we can pass in half an hour or an is on the motion to proceed to the consideration of executive business. The motion was not agreed to.
Mr. CONNESS. I will now ask the Senate to consider Senate bill No. 125, which was read through ads or 2 since, and if the Senate will give me ialf an hour of its time, or there about, to consider it and the accompanying bill, I shall feel much obliged to them. I now move to take u Senate bill No. 126.
The PRESIDING OFFICER. the question before the Senate to proceed to the iisideintion of another bill, the Colorado bill.
Mr. CONNESS. I do not wish to antagonize ything to that motion. Do I understand the motor from Minnesotato withdraw that motion resent?
Mr. RAMSEY. No, sir. I think we on ht make some progress with it at least. After is taken up, if Senators desire it to go over, can be done.
Mr. CONNESS. I do not wish to antagonize with that bill.
The PRESIDING OFFICER. The nes on is on the motion of the Senfrom. in esota, to proceed to the consideration of the iolorado bill. The motion was agreed to; and the Senate,5 in ComWhole, proceeded to onsider the bill (S.No.74) for the admission if the State of Colorado into the Union.
Mr. STEWART. I move to fill the blank 11 the preamble with the word “ 12, ” so hot it will read, “and whereasit appears by the message of the POTUS, dated January 12, 1866, that the said people have adopted a constitution, " &c. The amendment was agreed to.
Mr. tAMSEY. It has been suggested to me by the friends of the bill that it be postponei until Monday, and made the special or er for that day at one oclock. I make that motion. The motion was agreed to. A. T. SPENCER and GURDON S. HUBBARD.
Mr. DIXON. I ask the Senate nowto take up Senate bill No. 114. The motion was agreed to; and the bill (S.No.114) for the relict of A. T. Spencer and Gurdon Hubbard was read a 2nd time and coqmdered as in ComWhole. It instructs the PostMGenl to audit and adjust the account of A. T. Spencer and Gurdon Hubbard for carrying the U.S. mail from Chicago, Illinois, to Mackinac, Sault Ste. Marie, Marquette, ComperHarbor, Eagle Harbor, Eagle River, on Ontonagou, Michigan; LaPointe and Superior Wisconsin; fiom 1255 t1o 1858, inclusive, and allow therefor such amount as to him shall appearjust and equitable, not exceeding the amount allowed for the same service to the party who afterward performed it under contract.
Mr. SHERMAN. I should like to have the report read.
Mr. TRUMBUhL. Unless it is called for by some Senator, it need not be read.
Mr. CLARK. Let it be read. the PRESIDENT profempore. The Chair is advised that there is no report accompany in the bill.
Mr. DI.XON. There was a report made at aprevious session, which was adopted as the report of the committee at this session, which Iask may be read.
Mr. TRUMBULL. I suppose it is notnecessary to read the testimony accompanying the reiort.
The PRESIDENT protengpore. The further reading of the report will be dispensed with if there be no objection.
Mr. DIXON. The bill is not entirely in accordance with that reart. It does not provide that these persons is all receive an amount equal to what would have been paid by contract, but that the PostMGenl shall make an equitable settlement of their claim, not exceedin that sum. The biil was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. FOLSOM and PLACEBVILLE RAILROAD.
Mr. CONNESS. Ine w move that the senate proceed to the consideration of Senate bill No. 125. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.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.
Mr. CONNESS. Those are merely clerical amendments to make that section correspond to the other sections of the bill.
The President protempore. Those corrections will be made, no objection being interposed. The next amendment was to strike out the 10th section of the bill, in the following words: SEC.10 and be“ Abife: That saidPlacer ville and SacramentoValley railroad or any part thereof shall be a post route and military railroad, subject to the use of the U.S. tor postal. military, naval and all other Government service, and alsosubjectto such regulations asCongressmay impose.restricting the chargesfor such Government transportation. The amendment was agreed to.
The President protempore. That corn pletes the amendments reported by the committee.
Mr. HENDRICKS. The same road, but 2 bills making 2 separate grants to 2 additional companies, as I understand it. I do not believe that it is a safe policy. I did not think so in the committee room; I do not think so here; and although I made no objection to the 1st bill that passed, I feel it to be my duty to call the attention of the Senate to the peculiar provisions of this measure. hfii. POM ROY. In reply to the Senfrom Indiana, I will only say that there is no new provision in this bill, none but what were incorporated in similar bills last year and ever since I have been a member of the Senate. It is true that the policy has been in the case of new States when they 1st come into the Union to give the land to the State for the benefit of cctiaiu lines of commnnication across the State, but in old States, or States that have been many years in the Union, like the State of Iowa, where the companies have been organized, where they have commenced the work and are building the roads, as in this case, we have made the Grantto the companics timeand again. This is a quite different case from what would he the making of a grant to a company that had not already spent $1,000,000, an who had not a real existence. As a general rule in the new States we do give the grants to the States. That is a policy from which we have never deviated except in the case of the Pacific railroad. But in States as old as California, as old as Iowa, and States like Missouri, that have chartered these companies, and where the companies are building the roads themselves out of their own means we then give the company the grants of land, but with this restriction, not. one acre can they get except as they build the road.
Mr. POMEROY and untilt cy have built it, and they cannot get it in advance of building it. The old system that was ado )IOCI before I came into the Senate of allowing them to get land away up on the line of the road by building the 1st section of 20 miles, we have entirely discontinued. They can only get the land now contermine us with the completed point, and all our bills contain that feature. We have refused to deviate in a single instance from it. The only point in which the bill differs from the bills which we have passed in reference to the new States is, that we make this grant to a live, active company who are actually building the road, and it is in an old State, and it is not necessary that the same safeguards should be thrown around it that are necessa to be thrown around grants to companies that are not organized, and that have not got a definite and fixed capital and are not doing work. In regard to the amountofland granted, it is not much larger in this bill than in other bills. The Senator says that we enlarged the grant in other bills because the land was poor. We have never passed a bill making a grant to a road where the land was so poor as this.
Mr. STEWART. That is just what I was about to remark. "
Mr. POMEROY. There was a provision in the original bill that where the land was mineral they might take agricultural land in lieu of it; but to guard the bill Istruck out that provision, so that if it is mineralland, that is, and containing gold or silver, they do not get any. This bill, therefore, has all the safeguards and is entirely in harmony with our legislation on this subject for the old States, not, admit, for the new States, because when a State 1st comes into the Union and they have a land grant, we never give it to the companies. We have deviated from that. only once or twice.
Mr. CONNESS. Permit me to say a very few words only in addition to what has been said by the honorable chairman. I have list ened to what the honorable Senfrom Indiana has said, and takin some of the legislation of Congress in consideration, his remarks were pertinent. But in addition to what has been said by the Senfrom Kansas, the chairman of the Committee 011Public Lands, I wish to saythat under the old system of making the grant to the States, neither the State nor the company were rerptired to build an particular kind of road. have examined all the legislation on the subject by Congress, and they might have laid down a wooden track or a horse railroad or anything else and have got the land; but this company is required to build a 1st class road In asubstantial and workmanlille manner. with all thenecessarydraws, culverts, bridges.vinducts, crossings. turnouts. stations and watering places and a1! otherappurtenanees.includinl furniture and rolling stock. equal in all respectsto railroads of the 1st classwhen prepared for business with rails of the bmtquality, manufactured from American iron, and a uniturm gauge before they get an acre of land; and in no case do they get an acre of this mountain land until they have constructed the road. No bill has ever been fpresent/ed to Congress in which the interests of the public and of the Government have been so thoroughly protected as In this bill.
Mr. HENDRICKS. I desire to correct the Senator in one or 2 particulars. The Senfrom Kansas, who so abl heads the comPubLands, in ortns the Senate that this bill is peculiar in this, that. it does pot allow the land to go unless the road is built; but that the grants heretofore have been to the States; they became absolute; and the States got the lands whether they built the roads or not.
Mr. HENDRICKS. If the Senator did not intend so to be understood his argument has no force. All of the laws provide, where the grants were made up to within a ear or 2, that if the roads are not complete within ten years the lands granted shall revert to the government; it is an absolute forfeiture. No absolute right can be secured to the State or to any grantee of the State until the road is entirel completed. The State cannot dispose of her and s under the grants until she does complete the road, although the patents may be made out as evidence of the selections and for ten years the lands are removed out of the market, yet no title passes to the State that is nht subject to a forfeiture and return of the lands to the Government until the roads are completed. I understand him also to say that the only cases in which the grants have been made to the State and not to the company are the cases in new States; that in the case of new States just admitted into the Union the uts are made to the States; but whenever the . uts have been made to States already in the uion they are made directly to the company thatpro poses to build the road.
Mr. STEWART. This case is a little different from what the Senator supposes; In the 1st place the lands through which the road oes will not be sold unless the road is built. this througlra mountain, and the parties who are asking for this grant of land are the parties who have made a wagon road over the mount ain already at an expense of $1,000,000, and are very enterprising and worthy citizens. These 2 bills constitute a line of road that goes into Nevada. This bill, in connection with the bill No. 125, constitutes the whole line. It is true that all the land for this part of the road is in California; but the major art of the whole line, when constructed, will e in Ne vada. The Legislature of Nevada, in consequence of the enterprise of this company, has passed a resolution of instruction to er Senators here to advocate this rant of land to the company. There is an understanding between these 2 companies. The parties are engaged harmoniously together. They have asked for a grant of land. A large portion of this line is in the State of Nevada; and Nevada has already acted upon the question, so far as the State is concerned, by recognizing the propriety of making the grant directly to the company; and no one there would think of making any change. If congress should grant the land to the States, it won d only be a matter of expense and delay. Inasmuch as my State has already acted, I should be unwilling that the company should be delayed to go to the State of California to get her consent. when it is quite obvious that the grant will be given to no other company but the company that has spent about a million dollars, or nearly that, on the road, and a very large amount in the enterprise of a wagon road across the mountains.
Mr. CONNESS. If the Senator will permit me, I will say that the Legislature of California will adjourn now, comparatively, in a few days; the constitution itsel adjourns it on the 1st of April, and it does not meet again for 2 y cars.
Mr. STEWART. We must be delayed, before anything can be done, for the space of 2 years. These parties have gone on building this road, spending their own money, never having had a cent from the Government. They think that with this land grant they can goon. The land is certainly of no value to anybody but them, and if they can build a road over these mountains by getting a little mountain land which is not worth a cent to the Government. unless they succeed in the enter rise, they certainly have my good wishes, an I do not see any other way in which the Senate can help them. A
Mr. RAMSEY. I regret very much to interfere in this matterbut I agree with the Senfrom Indiana that we ought to be Uniform in our practice. If in the other States we exact this condition that the donation shall be to the States in the 1st instance, I think we ought to insist upon it throughout and be Uniform in our practice. I am very sorry to interfere with the bill of the Senfrom Cali. fornia. I had an posed it was of the character of; other langra.nt hills which we have asse. p
Mr. CONNESS. Permit me to say to the Senator that if that rule were adopte in this case the grant would be simply of no use to the company. They are going on now, and are stopped for the want of means. They are struggling to build this road.
Mr. STEWART. Besides, it is a branch of the Pacific railroad, and you made the grant to that company in the same way.
Mr. RAMSEY. All the northwestern grants are to the States.
Mr. STEWART. All the grants for the branches to the Pacific railroad were made in the same way.
Mr. TRUMBULL. The Pacific Railroad company is a company created by Congress. I really wish my friendfrom California would get this bill in a shape that we could all vote for it.
Mr. CONNESS. Permit me to say to my friend that the Pacific railroad in California is being built by a corporation organized under the general incorporation laws of that State. Congress in that. bill authorized that company to do certain things to build the road. This is a similar case precisely. The companies engaged in constructing this branch of the Pacific railroad, by what is known as the Pla cerville route, over the Sierra Nevada mount ains, are companies organized just exactly as the other was under the incorporation laws of the State of California. The case is precisely similar. We ask nothing but a grant of lands. We do not come here to ask for bonds ormoney.
Mr. POMEROY. What prevailed with the committee was that the Legislature of California does not meet for 2 years, and that the Legislature of Nevada had already authorize us to do this thing so far as Nevada was concerned. Under these circumstances we thought we ought to give the Grant directly to the company as we did in the case of the pacific rai road and 2 of the Iowa roads last year, and the same as we would do to any company that was as well established, that had such capital, and was known as well as this company.
Mr. TRUMBULL. I am not upon the ComPubLands, and of course have not looked into the details of the matter; but the Pacific railroad is being built under an act of Congress with a great many guards in it and provisions for commissioners to examine the road. Having such safeguards thrown around it, congress thought proper to make the grant of Ian directly to the company with these checks. That is really a Government road. I supposed that this was somewhat different. It is not a branch of the Pacific railroad in reality. It may operate as a branch, but it is not a part of the Pacific railroad corporation; and I had supposed we had always made these grants to the States. The Senfrom Kansas states that we made 2 grants of this character to compa nies in Iowa last year. I was not aware of that. The grants to Iowa some years ago I know I had occasion to look into them some time ago were all to the State. If there was a grant memorialmade to a company at the last session, I was not aware of it.
Mr. HENDRICKS. I will state to the Senfrom Illinois that my recollection about it is that the grant to Iowa last year, in addition to the grant of 1856, was made to the State. It was urged, I recollect, and urged very earnestly, that as the State had transferred the lands already granted, the additional lands ought to be given to the company; yet Congress would not do it. I think the Senfrom Kansas is mistaken about the grant to Iowa at the last session.
Mr. STEWART. On this side you have 4 branches with land grants.
Mr. CONNESS. Will the Senfrom Illinois give me his attention for one moment? That portion of the Pacific railroad that is in California is not being built by the national incorporated company at all, but by ii company incorporated under the laws of the State of California, and this bill in like manner provides that whenever this company shall have so many consecutive miles of any portion of the railroad or telegraph liiie ready for the service conteni luted “t O POTUS siall appoint 3 commissioners to examinethe some and if it shall appear that 20 miles of sai road and telegraph line have been completed in a good and substantial manner, and in all respects as required by this act, the commissioners shall so report to the POTUS and patents of lands, asaforcsaid, shall be issued to said company confirming to said company the right and title to said lands.” In all respects every safe guard that is found in the Pacific railroad act is found in this. As I said before, this is a branch of the Pacific railroad which our people propose to build without any grant of money or bon s, but by the aid of this grant of land.
Mr. TRUMBULL. Let me inquire of the Senfrom California if it would not justify a meeting of the Legislature to act upon it?
Mr. CUNNESS. Not at all. The calling of our Legislature together would be very expen sive. cannot estimate the sum of money it would cost. The members of our Legislature receive ten dollars perdiem for their compensation, in gold. The popular branch has 80 members, and the other branch 35. There is not a single objection that can be urged which we have not guarded. I hope we shall come to a vote.
Mr. RAMSEY. I should like to vote for this bill, but with this provision in iIt cannot do so. There ought to be some uniformity in our legislation on this subject. If the comPubLands intend to introduce an entire change in the policy in regard to these land grants, we ought to know it, and all on lit to have an opportunity to take advantage of it.
Mr. POMEIROY. This is nothing new. If the Senator had been on the committee he would know that we have occasionally passed bills of this character. It has been done every year, I think, since I have been here.
Mr. DOOLITTLE. In relation to these land grants, I know that in the case of “isconsin it has been insisted that the lands should be granted to the State. There was a case that arose here last winter, or the winter before, where a railroad company which had already received from the State a certain donation of lands on the line of the route asked for an additional grant of some sections, and my impression is that when the law was passed it was insisted that the grant should be made to the State, and not to the company, and it was so one.
Mr. conNESS. Was the honorable Senator present during the whole of this discussion? It
Mr. CONNESS. I will say, then, to the honorable Senator that the reasons for taking this course have been specially stated. The company is struggling now and engaged in building this road. Our Legislature does not meet for two years. Besides, this is a brunch of the Pacific railroad. The bill is guarded in every respecw very differently and in a very superior manner over any act ever passed granting lands for a railroad before, exec tthe actgrantinglands for the construction of the Pacific railroad passed by this body.
Mr. DOOLITTLE. I will make no opposition to the passage of the bill; but if I can, I will look into it, and ifI find that my friend is mistaken about iIt shall reserve the privilege of moving a reconsideration.
Mr. CONXESS. I have no objection tothat. I will make the motion for the Senator if he desires it.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed.
Mr. CLARK. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wnnxnsnu, March 7, 1866. The House met at 12 oclock m. Prayer by the Chaplain. Rev. C. B. Boys row. The Journal of yesterday was read and approved.
The SPEAKER announced as the 1stbusiness in order the call of committees for reports, commencing with the ComDistCol. COURT OF CLAIMS. On motion of
Mr. WILSON, of Iowa, the bill (S.No.33) entitled “An act in relation to the Court of Claims, " was by unanimous consent taken from the Speakers table, read a 1st and 2nd time, and referred to the ComJudiciary. rausnnnxs nunssu.
Mr. ELIOT. I ask unanimous consent to introduce, that it may be printed and referred to the select committee on freedmen, a bill to c“ontinue in force and amend an act entitled An act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes.”
Mr. BROOKS. I do not object to the printing or the reference of this bill; but I desire that it shall not be allowed any precedence of other business.
Mr. ELIOT. Thatis notdesired. I am willing to agree that the bill shall not be brought back by a motion to reconsider.
The SPEAKER. If there be no objection, the bill will be read a 1st and 2nd time, referred to the select committee on freedmen, and ordered to be printed, with the understanding that it shall not be brought back by a motion to reconsider. There was no objection. PAYMENT OF PENNSYLVANIA WAR DEBT.
Mr. STEVENS, by unanimous consent, reported, from the ComAppropriat, a bill to reimburse the State of Pennsylvania for moneys advanced to the Government for war purposes; which was read a 1st and 2nd time, referred to the ComWhole on the state of the Union, ordered to be printed, and made the special order for Wed nesday, the 14th instant, and from day today until disposed of. CHESAPEAKE and OHIO CANAL, ETC.
Mr. FTHOMAS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolqed.That the ComDistCol be oncyof ipstructed to inquire into the expedi providing for the constructionof anaqueduct across t a basin at the mouth of Rock crack, to pass the waterfrom the Chesapeakeand the Washingtop canal and through the Washington canal to the Eastern Eranch, near the navy yard, that cargoes from loaded boats from the Chesapeake and Ohio canal may with facility be unloaded on the banks of the Washington canal and at the East 0eIrnotBhrearnacrhti.claensdtoththues ediitmizeinnisshofthe Wacsohsintogftocnoaanl dantdo the Government of the U.S. nnlunuusnunxr promssoust.
Mr. LOAN, by unanimous consent, moved Ohio canal into to take from the Speakers table Senate bill I No. 31, to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, equipping, and provisioning a militia force to aid in suppressing the rebellion, and that it be referre to the select comWarDebts of the loyal States.
Mr. STEVENS. That bill should be referred to the ComAppropriat.
Mr. LOAN. I have no objection to that ref erence. The bill was referred to the ComAppropriat.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. MUTUAL FIRE INSURANCE COMPANY.
Mr. ROSS. I call for the regular order of business.
The SPEAKER. The regular order ofbusiness is the consideration of House bill No. 223, to amend an act to incor ornte the Mutual Fire Insurance Company of t 9 DistCol, reported back from the ComDistCol without amendment; on which the Gentfrom Pennsylvania [Mr. Mnncun] is entitled to the floor.
Mr. MERCUR. Mr. Speaker, at the expi ration of the morning hour yesterday I was about to answer an objectionof the Gentfrom NewYork, [Mr. Dans] It would be anticipated from his remarks that we were to inaugurate a new system of insurances in this District, whereas such is not the fact. This is simply an amendment to an act of incor oration which has been in force for the last e even years; and the sole object of this is to enable the company to increase its business in accordance with the increased requirements of the business community of this district. It is the design, in a measure, in addition to the increase of business, to enable the company to keep a large sum of money on hand to meet the de mands that may be made on it for the payment of losses. The original charter limited the amount of money it should have upon hand to $20,000. In accordance with the requirements of the community and their increased business it was found it wants a fund greater than that; and therefore this amendment is simply for the purpose of enabling the company to transact a larger amount of business and to have a sufficient amount of money on hand at all times to meet its obligations. I demand the previous question.
Mr. DAVIS. I ask the gentleman to yield to me.
Mr. MERCUR. I cannot consent to that. In answer to the objections urged by the Gentfrom New lork I will read a few lines further from the original act of incorporation.
Mr. STEVENS. Will the gentleman allow me to ask aquestion?
Mr. STEVENS. In these mutual insurance companies the premium notes of members of the company are received, and they are responsible for losses by assessment: so that they are all responsible to the amount of business done on the premium notes or on the cash. H this company organized on the same principle?
Mr. STEVENS. Then where is the fraud about it? Everybod who goes into it is responsible, and nobody is bound to go into it unless he chooses. I can very well understand the fraudulent contrivances which operate in the neighborhood of the Gentfrom NewYork, [Mr. DAVIS] but other mutual insurance companies are chartered in the same way.
Mr. MLRCUR. There is this additional security, which most other corporations do not have in their charters: Said notes shall be payable on demand and shall constitute and be a lion to the amount thereof respectively upon all buildings insured by said company, the lands upon which they stand and the appurtenancesto such lands, and upon the estateand interest.legal and e nimble, of the assured in such buildings. lands, and appurtenances, and upon the other property of said company, in consi oration therco. Thus it will be observed that all the safe guards which the law can throw around it have been clearly and specificallydefined by the terms of this bill. Not only is therea claim to assess on the premium notes but the property assured is bound by the premium notes, and it cannot pass out of the reach of the same.
Mr. DAVIS. Will the gentleman allow me to ask aquestion?
Mr. DAVIS. Take the case ofinsurance of personal property which is changing hands;I would like to know what the security is in re spect to that kind of property except the note.
Mr. MERCUR. here may be difficulty in giving full force and effect to this act in its application to personal property, but not in its application to real estate. The gentleman objects to this because they have notfunds enough on hand to meet their obligations. The object of this amendment is to remed this evil, to guard against that defect, and it is to enable them to have larger funds on hand than they L otherwise would have. It seems to me there can be no valid objection to it. I move the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. LAWRENCE, of Ohio. Idemand the yeas&nays on the passage of the bill. The eas&nays were not ordered. The bill was then passed ayes 61, noes 35. Mr. MERC UR mtRtv the bill was passed; upon the table. Agreed to. THE ARSENAL EXPLOSION.
Mr. INGERSOLL. I might as well give notice that the proposition which I have now to present contains an appropriation, so that here is a good opportunity for gentlemen who are watch dogs of the Treasury “ to be on their guard.”
Mr. CONKLING. I suppose we can reserve any point of order about its gping to the ComWhole on the state of the Union until we hear what it is.
Mr. INGERSOLL. There was a resolution sent to the ComDistCol instructing them to make inquiry in regard to the sufferers by the late explosion at the U.S. arsenal in this city. The committee found that ten persons were killed by that explosion, several of themleaving widows dependent on them for subsistence, and one of them leaving ten children, 7 of whom are dependent on the widow. This explosion becurred without any fault or negligence on the part of these workmen, and they were not enlisted men, but hired employees of the Government. The committee having considered all the circumstances and the necessities in each case, have determined to report to the House a JtResolution proposing a small approprintion for the benefit of the survivors and the widows of those who were killed. They find that it has been customary where such explosions have occurred, for Congress to make an appropriation for those who survive. In the case of private corporations, railroad corporations, and others, where by accident employees are killed, it is frequently the case for appropriations to be made fog the benefit of their families; and in this case the committee propose that $2, 500 shall be appropriated. The JtResolution for the relic of the sufferers by the late explosion at the U.S. arsenal in the DistCol was read a 1st and 2nd time. It appropriates $2, 500 to be placed by the SecyTreasury in the ban s of Colonel enton, the commandant of the U.S. arsenal in the DistCol, to be distributed by him among the sufferers by the late explosion according to the equities and necessities of their several cases, and directs the said superintendent to report the details of said distribution to Congress with vouchers therefor.
Skip Skip The JtResolution was ordered to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time, and passed. Mr. IN ERSOLL mtRtv the JtResolution was passed; upon the table. Agreed to. GREAT FALLS ICE COMPANY.
Mr. INGERSOLL, from the ComDistCol, reported back, with the recommendation that it do pass, bill of the House No. 231, to incorporate the Great Falls Ice Company of Washington, DistCol. The bill was read.
Mr. CONKLING. I should like to bear some reason assigned why special legislation“ of this kind should be had to create an ice company.
Mr. INGERSOLL. It is nothing more than a proposition to aggregate capital to carry out the object of the bill, which is to maintain a l good supply of ice for the benefit of the people of this District.
Mr. CONKLING. Why not have a company incorporated to build meat markets and grist mills and other things of that sort in Wash in ton?
Mr. ingERSOLL. I believe there are corporations of this character in the gentlemans own State. I know they have them in my State.
Mr. INGERSOLL. No ice companies in NewYork?
Mr. CONKLING. We have no ice compay in NewYork under a special charter.
Mr. ingERSOLL. Well, you have them under a general law, which is the same thing.
Mr. CONKLING. I desire to say a few words on this bill.
Mr. INGERSOLL. I cannot yield unless the gentlemen will specify the time he wants.
The SPEAKER. The Gentfrom Illinois [Mr. INGEBSOLL] can resume the floor at an time.
Mr. CONKLING. I desire to say that if the object of this House is to enable the residents of this city to supply themselves with ice cheaply, the wa which suggests itself to my mind is to leave that business open to competition just as the business of selling meat, vegetables, groce ries, or other family supplies, is open. If, on the contrary, this House desires, in the 1st place, to inaugurate a system of special legislation for the benefit of favored persons, this bill is an excellent way, and this is an excellent time to commence or continue that practice and especially is this a good proposition, if the House wishes, in place of furuising ice to the people of Washington, to establish a monopoly which will enable certain men whose names are in this billand their friends to make great profits out of the business of vending ice. A nd I think that some time a motion should be made to change the title of this bill, unless there is some special excuse for it which does not occur to me, so as to make it read, “A bill to raise the price of ice, ” to begin with, “in the city of Washington, and to insure profit which cannot otherwise be had in that business to the persons herein named.” Now, for oneiI am entirely opposed to this I whole matter. f anything of this sort is necessary, let us pass a general law, such as the gentleman says exists in NewYork and in other States, under which companies may organize for necessary purposes. But do notlet us have a monopoly, to the end that still further extortion may occur than now takes place in the city of Wasington, in regard to one of thfe luxuries, if not one of the necessaries, of li e. I am reminded by a friendof somcthing which I tbought I observed while the bill was being read, but I.was not certain of it. It is provided in this bill, ifI am not mistaken, that this company shall sell ice inWashington “ and elsewhere.” Is not it so stated in the bill?
Mr. INGERSOLL. I should not be surprised if it was.
Mr. CONKLING. I should not be surprised either and I may add that I should not be surprised at anything, as an invention. osten sibly for the benefit of the people of this city. This whole system is vicious, and ought to be reduced to some general provision open to the world, so that all can no erstand it. I thank the gentleman for yielding to me.
Mr. INGERSOLL. The gentleman is perfectly welcome. This reposition does not interfere in the least with any private enter prise in the world. His friends or anybody else can go on with the ice business to any extent they may please. This bill does not affect that matter one way or the other. It simply does this: where a large amount of capital is required for the accumulation of ice in the winter, and housing it for use in the summer, it gives the necessary facilities for that purpose, nothing more and this ice business does require a greater amount of capital than is at the disposal of any single individual who run have any enterprise in that direction and this bill proposes, and that is the only proposition, to enable capital to be supplied on used by a corporation and if a biil of this kind should come before any northern Legislature you would nothear any objection to it and the only objection to it here is because it is in the DistCol. Sir, I have heard enough of such objections. This is the capital of the U.S.; and if you intend that it shall continue to be the seat of the national Government, then treat it as becomes the representatives of a great people at their national capital. That is what I have to say with regard to that point. I maintainthat no more franchises are allowed citizens of this cit than are allowed to citizens elsewhere; autTfor one, I am opposed to with holding from the people of the city of Washington any right. that I would extend to the people of my own town.
Mr. SLOAN. Will the gentleman yield to me fdr a moment?
Mr. INGERSOLL. I do not wish any interruption upon a question of so little importance as this.
Mr. SLOAN. I merely wish to ask the gentleman a
Mr. INGERSOLL A question. I will yield for a question.
Mr. SLOAN. Is it true that this bill will allow this company to establish the ice business in any of the States?
Mr. SLOAN. If the company have the right to sell ice “elsewhere, ” ey may estabhsh business in any State.
Mr. INGERSOLL. They may establish it here, and that is all.
Mr. CONKLING. May I inquire of the gentleman where “elsewhere” is found on the map of this count?
Mr. INGERSOEL. I have never examined that subject with a reference tothis bill. Now, Mr. Speaker, this is a matter of very little imrtance to anybody except the citizens of hashington, none of whom, I am sure, have objected, and to the gentlemen who ask to be incorporated, that they may aggregate their capita and perhaps make a little money how much I do not know and do not care, provided they do not practice extortion upon the people. I believe that, instead of raising the price of ice, the incorporation of this company will tend to reduce the rice. Gentlemen talk about the extortion " prac ticed in this city. I will say that I have resided here during the large portion of 5 years, and I know nothing of“ extortion ” here with regard to the price of anything. [Laughter] I challenge fgentlemen to name a single thing the price of which is in excess of the price in the city of NewYork.
Mr. INGERSOLL. No, sir; house rents are higher in the city of NewYork than here.
Mr. GRINNELL. But the houses in NewYork are not shanties.
Mr. INGERSOLL. The houses are no better there than here at the same rents; for I have examined that subject. Board is no higher here than elsewhere. [Lnughten]
Mr. STEVENS. If the gentleman is dealt with here in such a wa as to enable him to say that, I do not blame irn for advocating the interests of this city. The rest of us have not had the same agreeable experience as the Gentfrom Illinois.
Mr. INGERSOLL. Well, sir, I am treated like a gentleman everywhere. Mr. Speaker, this bill contains no extraor dinary provisions. I am surprised that it has excited so much feclin here. I can imagine no reason why it should encounter opposition
Mr. CONKLING. Will the gentleman allow me to make one very quiet remark?
Mr. INGERSOLZ. No, sir. Mr. SpeakER: I am willing that the House may do with this bill as it deems proper. Idemand the previous question.
Skip Skip The previous question was 2nded, and the main question ordered, which was upon ordering the bill to be engrossed and read a 3rd time.
Mr. CONKLING. I move that the bill be laid on the table; and before the question is l i taken. I ask that the Clerk read the clause of. the bill which provides where this company may carry on its operations. I believe I the right to have that read.
The SPEAKER. The gentleman has the right to have it read.
The Clerk read, as follows: To purchase. hold. receive and enjoy. either by absolute conveyance in fee siniple or upon ground rent. such real estatein the DistCol as may be necessaryfor the construction of ice houses and cutting. securing and scllingice in the said District or in such other placeor placesas the directors of the company may determine.
Mr. INGERSOLL. That only refers to the places where the ice shall be cut; the place of sale is here.
Skip Skip Mr. CONKLING. I I object to debate. The motion to lay on the table is pending. On agreeing to the motion to lay on the table, there were. on a division ayes 48, noes 50.
Mr. CONKLING. I call for the yeastand have HB hSe. yeas&nays were ordered. The question was taken; and it was decided in the affirmative yous 69, nays 58, not voting 66; So the bill was laid upon the table. Mr. CONKLING mtRtv the bill was laid upon the table; upon the table. Agreed to. RECONSTRUCTION.
Mr. WASHBURNE, of Illinois, from the ComReconstruction, submitted testimony in reference to the States of Louisiana, Texas, and Florida; and moved that it be printed. The motion was agreed to. Iran DEPT or WASHINGTON. Mr. INGERSOLL. I now call up House bill Np. 183, concerning the fire Dept of Washington city, which was laid aside yesterday. It has been printed. move to amen the bill by inserting after the word “ such, " in the 15th line, the word “permanent, ” so that it will read: That the right to have. use and occup all the several buildings, withtheir appurtenances.known as the Union. Franklin. Columbia and Anacostia engine houses. be and is hereby. noted to the city of ubiagton. in the DistCol laid nones slon and occupation to continue so long as usedfor the purposesof the fire Deptand the pleasure of the Congressof the U.S.: and in t ieevent of the city of Washington being deprived of such possessionand occupation by the General Government. the U.S shall paytothe city of Wash I ington the then exi ting value of such permanent improvementsas shall have beenmadethereonafter the passageof this act: Provided. That said useand occupancyof the Columbia engine houseshall notin any way interferewith the possessionand occupancy. by the Columbia Fire Company.of the room now usedas library roomsin said building.
Mr. BRANDEGEE. Isuggest to the gentleman to say “such necessary permanent improvements.” to.
Mr. INGERSOLL. I agree to that. The amendment as modilied was agreed to.
Mr. STEVENS. I move to strike out these words: and in the event of the city of Washington being deprived of such possessionand occupation by the General Government.the U.S shall ny to the city of Washington the than existing va no of such improvementsas shall have been madethereon after the passageof this not. Mr. Speaker, I have a word to say. If m amendment be adopted, these companies will have their houses without any rent so long as they use them for fire purposes, or until for special reasons the Government of the U.S shall withdraw this privilege. I have no idea the Government will ever withdraw that privilege from them unless there is an absolute necessity for doing so. If there should be. they will have had the use of them free of charge. The idea of them allowing an assessment to be made for such improvements as they may put there would be compelling the Government to pay for improvements that may be useless to it. I have no idea that Congress will fail to make proper arrangements with the companies at the propertime, but thus in advance to bind ourselves in a particular way when we do not know under what circumstances I we mu). m. them, seems to me to be unwise. I hope the amendment will be adopted.
Mr. INGERSOLL. Mr. Speaker. it is of course for the House to do what maybe proper in regard to the amendment. Iwill simplysay if the amendment be adopted the fire Dept can only occupy these lots so long as it may be the p easure of Congress. It seems to me itwould be unfair to let the city government go on and build permanent houses on these lots which may hereafter be taken by the Government without any obligation upon them to refund to the city authorities the vn ue of the then existing imrovements upon such lots.
Mr. STEVENS. This privilege can never be withdrawn without an act of Congress, and that act of Congress can fix whatever compensation maybe necessary.
Mr. INGERSOLL. Well, that makes it perhaps a little better. At any rate it will give a kin of notice that they will withdraw the grant. That is the effeet ofit. The House may O as it thinks proper. I think the amendment is unjust and probably will defeat the object of the bill, which is the establishment of permanent buildings for the use of the fire Dept. I demand the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. the question being taken on the amendment of Mr. revuxs, there were ayes 38, noes 89; no uorum voting. the SPEAKER ordered tellers, and appointed Messrs. Srnvsxs and Ixosasoui. The House divided; and the tellers reported ayes 55, noes 54. So the amendment was adopted. The bill was then orderengross and read a3rd time; and being engrossed, it was aceordingly read the 3rd time, and passed. Mr. STEVENS. mtRtv the bill was passed, on the table. Agreed to. SENATOR CRESWELLB EULOGY.
Mr. LATHAM, from the ComPrintg, submitted the following resolution: Resolved, That there be printed. for the useof the l I move to reconsider the i membersof this House. 20,000 copiesof the address of the Speakerand the eulogy of Hon. J J. Cunswstion the life and character of the line Henry Winter Davis. delivered in the Hall of the HoRepon the 22d of February last.
Mr. STEVENS. What became of that part of the resolution which I offered, that the addresses be published in the Globe?
The SPEAKER. That was also referred to the committee.
Mr. STEVENS. I move to amend the resolution by adding that the addresses be also printed in the Globe. The amendment was agreed to; and theres olution as amended was also agreed to. BERKELEY and JEFFERSON COUNTIES.
Mr. LATHA)I.DI ask unanimous consent to take from the Speakers table House resolution No. 17, giving the consent of Congress to the transfer of the counties of Berkeley and Jeffersou to the State of West tirginia, which has come from the Senate with an amendment. No objection being made, the JtResolution was taken from the Speakers table, and the amendment of the Senate was concurred in, as follows: Strike out all after the enacting clause.andinsert in lieu thereefas follows: That conrcsshereby recognizes the transfer ofth 9 counties of crkelcy and Jo rson from the State of Virginia to WestVirginia and consentsthereto.
Skip Skip Mr. LATHAH. mtRtv by which the House concurred in the amendment of the Senate, on the table. Agreed to. TENNESSEE.
Mr. BINGHAM, from the JtComReconstruction, by unanimous consent, submitted the following resolution: Resolved.That there beprinted for the use of the House 5,000 copiesof the JtResolution concerning Tennesseeand the accompanyinzdocuments and testimony.anda like number of copiesof the testimony reported by the Jotut committeo on reconstructiou.
Mr. CONKLING. I would like to inquire whether this resolution will cover testimony that is to come in hereafter.
Mr. BINGHAM. I “ will add after the word reported" the words “ or hereafter to be reported.” The resolution was referred to the ComPrintg under the law. REORGANIZATION OF THE ARMY.
Mr. SCHENCK, from the ComMilAffrs, by unanimous consent, reported a bill to reorganize and establish the Army of the U.S.; which was read a 1st and 2nd time, ordered to be printed, and recommitted.
Mr. LATHAM, by unaiiimous consent, introduced an amendment as a substitute for the Senate bill now pending to protect all persons in the U.S. in their civil rights, and furnish the means of their vindication; which was ordered to be printed. ELIZABETH WILLETT.
Mr. BIDWELL, by unanimous consent introduced a bill for the relief of Elizabeth will lett, of SanFranciseo, California; which was read a 1st and 2nd time, and referred to the ComClaims. PERSONAL EXPLANATION.
Mr. RAYMOND. I rise to a personal exlanation. Ifind by the Globe how it may e on the otheial record I do not know that I am reported as not voting on the amendment offereg yesterday by the Gentfrom Ohio {MTSCHENCK] to the Military Academy bill. desire simply to say that I voted in the neg ative.
The SPEAKER. The gentlemans vote is not recorded, but the Journal will be corrected accordingly. PENSION LAWS.
Mr. PERHAM, by unanimous consent, from the ComInvalidPens, reported a hill supplementary to the several acts relating to eusions; which was read a 1st and see On time, recommitted to the committee, and ordered to be printed. PRINTING OF STATE DEPT.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyState, in reply to a resolution of the House of the 2lst ultimo, in regard to the cost of printing and advertising for said Dept; which was referred, under the law, to the ComPrintg. STATE GOVERNMENT FOR NEWMEXICO.
The SPEAKER also, by unanimous consent, laid before the House resolutions of the Legislative Assembly of the Territory of NewMexico in regard to a State government for that Territory; which were referred to the ComTerritor, and ordered to be printed. CAPITOL BUILDINGS IN NEWMEXICO.
The SPEAKERalso, by unanimous consent, laid before the House resolutions of the Legislative Assembly of NewMexico in regard to the ca itol buildings of that Territory; which were reterred to the ComTerritor, and ordered to be printed. VETO POWER IN NEWMEXICO. V
The SPEAKER also, by unanimous consent, laid before the House the resolutions of the Legislative Assembly of NewMexico asking for a change of the organic act of thatterritory in reward to the veto power of the governor; which were referred to the ComTerritor, and ordered to be printed. JUDICIARY OF NEWMEXICO.
The SPEAKER also, by unanimous consent, laid before the House the resolutions of the Legislative Assembly of NewMexico in regard to the jurisdiction of the present judges in that Territory which were referred to the ComTerritor, and ordered to be printed. PENITENTIABY IN NEWMEXICO.
The SPEAKER also, by unanimous consent, laid before the House the resolutions of the Legislative Assembly of NewMexico in regard to a penitentiaryin that Territory; which were referred to the ComTerritor, and ordered to be printed. DISTILLED SPIRITS.
The SPEAKER also, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting additional reports of the U.S. revenue commission in regard to distilled spirits as a source of national revenue; which was referred to the comWays&Means, and ordered to be printed. DUPLICATION OF TAXES.
The SPEAKER also, by unanimous consent, laid before the House a communication from the SecyTreasury, transmitting a report of the U.S. revenue commissionon the influence of the duplication of taxes on American industry; which was referred to the ComWays&Means, and ordered to beprinted. BEPORTS OF REVENUE COMMISSION.
Mr. MORRILL. I move that 1000 copies of the reports, general and special, of the U.S. revenue commission shall be printed for the use of the Treasury Dept. The motion was referred, under t. c law, to the ComPrintg. TRADE WITH BRITISH AMERICA.
Mr. MORRILL. Before moving to go into ComWhole on the state of the Union, I desire to have the assent of the House thatall general debate upon the bill now pending in ComWhole on the state of the Union in relation to trade with the British Provinces shall be closed in an hour and a half. I desire to give gentlemen who wish to speakupon the subject an opportunity to do so, and then I may desire to occupy ten or 15minutes in reply.
Mr. MORRILL. Iwill take my chance and not move to close debate now. I move that the rules be suspended, and the House resolve itself into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended, and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. RAYMOND in the chair) and resumed the consideration of House bill No. 837, regulating trade with the British N crth American possessions, upon which the Gentfrom Pennsylvania [Mr. KELLEY] was entitled to the floor.
Mr. MORRILL. I move that the committee rise in order to enable me to submit a motion to close debate on this bill. I will accept the suggestion of the Gentfrom Illinois [Mr. Wsxrwourn] to close debate in 2 hours; or I will ask the unanimous consent of the committee that debate shall close in that time.
Mr. ROGEES. Will the gentleman allow me to ask him a question?
Mr. KELLEY. hould rather not now. The gentleman knows my time is limited.
Mr. ROGERS. I wanted to ask the Gentfrom Pennsylvania [Mr. KELLEY] if this bill gives the President any more power than was proposed to be given to him by the Freedmen s Bureau bill?
Mr. KELLEY. issues new. I have no time for side I will answer that question some time when my distinguished friend has the floor and kindly yields to me. [Langhten] Sir, this bill is of a piece with others now pending before this House. It is like the loan bill, which proposes to contractthe business of the country to the narrow dimensions it filled before the war, and to give the SecyTreasury, while he has an average balance of $40,000,000 lying on deposit in the banks, the power to control the currency of the country, to contract or expand it as he will. It is also in this respect like the postal bill, which, as an inducement to the people to buy their envelopes from Government employcs or contractors, proposes to give one free of cost to every man who uys a postage stam. Sir, when I regarcfthis feature of the bill, I feel that its paternity may have been American, that it may have emanated from the Adminis tration. at when I consider its provisions in reference to trade, and see how well they are calculated to prostrate many of the leading interests of the country; the advantages it secures to foreign commodities which compete with the productions of our laboring people; how it stimulates the development of the resources of the British Provinces, and induces emigration to them, while it restricts the devel opment of our resources, and is calculated to divert immigration from our shores; when I see all this, I say, I feel that the Canadian ministry must. have concocted this bill.
Mr. CONKLING. I would like to ask the Gentfrom Pennsylvania [Mr. KELLEY] a question ertinent to what he is now saying.
Mr. KELLEY. Mr. Chairman, as the bill before the House has, in my judgment, all the vices of that treaty, I shall propose the following as a substitute for it.
The Clerk read, as follows: Strike out all after the enacting clauseand insert hefollows: That from and after the 17thof March, 1866 there shall be leiied collected, and aid on all articles imported from her Britannia ajestyspossessions in North America, that is to say. from Canada. NewBrunswick, Nova Scotia, Newfoundland. Prince Edwards, Hudsons Bay Iecsrreivtoerrya, l British Columbia and Vancouvers Island the same duties and rates of dimutpioerstwedhiferhomaroetnhoewr fiom repiogsneedo buy nltarwieso.n like articles
Mr. MORRILL. Mr. Chairman, in relation to this subject of cool, I confess that I am not clear that it is proper to rotcct it at all. I do believe that it is one oft iose articles that cannot be increased by protection, and if it is so, the whole foundation of the doctrine drops out, in my judment. I think, as Istated in the extracts which the gentleman hasjust read, that it is so nearly allied to firewood that it deserves perha no protection. An while I am up allow me to ask the Gentleman ifhe has any statistics to show that this coal that goes to Canada is not bitumine us coal. Do they not use it there for the purpose of makinggas? Or do they use anthracite coal through out the Provinces for making gas? I ask for information.
Mr. MORRILL. Mr. Chairman, I move that the committee rise for the purpose of terminating debate, unless we can iiave an understanding, by the unanimous consent of the committee, that general debate shall close after one hour, to be divided among some 3 or 4 gentlemen.
The CHAIRMAN. Unanimous consent is asked that debate terminate in one hour.
Mr. DRIGGS. I object. The motion that the committee rise was not agreed to; there being ayes 31, noes not counted.
Mr. DRIGGS.R. Chairman, I do not intend to occupy the attention of the House for more than ten or 15 minutes; and I shall confine my remarks especially to the duty proposed to he laid upon the article of Cane. ian umber. I understood the Gentfrom Vermont [Mr. Mounnm] to promise that he would not call up the bills in relation to the duties on salt and lumber until such members of this House as were interested had an op wortunity to appear before the ComWays&Means to eXplain the reasons why they deem the duties fixed upon these 2 articles by the comImittee are too low, With this understanding, confess, Mr. Chairman, that I was much surprised when the bill under consideration was called up yesterday without each opportunity having been afforded.
Mr. MORRILL. The gentleman did speak to me in relation to salt, and I gave him a promise that he should be heard before the ommittcc ofWays&Means. I am surprised now that he makes complaint that he has not been allowed full opportunity of explaining his views before the committee as to the article of salt, which is not embraced in this bill, and which the committee have notconsidered. When they do he will have his opportunity: but I never gave the gentleman any assurance as to lumber.
Mr. WENTWORTH. Mr. Chairman, Irise not to make a speech, in the ordinary acceptation of the term, but to call attention to the bill and its particular provisions. I look upon it. as the most importantbill that will come before the House at this session of Congress. It is a sort of twofold bill, a bill carrying a great deal more than actually a pears upon its face. It isa sort of treaty may c with this House, without asking the Senators to take the respousibility which belongs to them under the Constitution. Now, Mr. Chairman, the consideration which ought to influence this House is this: whether there should be any reciprocity treat or not. That is the 1st thing to beconsidere. If we are to have a reciprocity treaty, I do not know any individual to whom I would intrnst the making of it so much as to the chairman of the ComWays&Means. He understands the subject thoroughly. as thoroughlyas anybody in the country. Indeed, you can ardly speak oftariff withoutthinking of Mr. Mommas, or of
Mr. BROOKS. I want to correct what I think is a misunderstanding on the part of the gentleman. I do not think he fairly represents the opinion of the Canadians on this. subject. My own impression is and I need not say how 1 obtained it; the gentleman is cognizant of the mode of getting knowledge on this subject as well as myself my own impression is that the Canadians would enlarge the Welland canal for ship navigation from Chicago so that vessels need not break bulk, provided there could be a renewal of what is called the reciprocity treaty.
Mr. MORRILL. Mr. Chairman, this is en. tirely foreign to the subject before the com: mittee. I am really surprised that so good 8. logic inn as my friendfrom Ohio shoud lug extraneous matters into this debate. I am perfectly willing that he shall do so, however, if it meets his views of propnety. In relation to this subject of marble, let me say that my State is not alone interested in it. I believe that the States of Massachusetts, may land, Tennessee, and to some extent NewYorkik, are likewise interested in it. As to the point he makes, that there is a protection of H y%., let me say that Iial ian marble i sold at the present time in NewYork for $5 50 percubic foot. I do not care what may be its pretended value abroad, you may estimate it at what you please, but eve man of sense must know that there is no such protection as fittg%.
Mr. SPALDI My learned friend, the chairman of the ComWays&Means, will excuse me if in the short time during which I shall occupy the attention of the flour mittee I show myself misinformed. I did not intend any disparagement to the State of Ver mont or to the gentleman himself. I was only illustrating my position that we are, all of us, actuated somew at, not bymotives of self, but by motives which seek to aggrandize the local ities in which we live.
Mr. MORRILL. My reply is, that while I have been jocosely accused by political oppo nents of doing what the gentleman suggests, I have never yet been accused of it before by a political friend.
Mr. SPALDING. Myfriend will pardon me. I say that he may do it involuntarilIy. l ow, I will refer to an article of which the State of Vermont may well be proud, its Mor gan horses. I believe that breed of horses is very nearly peculiar to the State of V crmont. Those horses are coveted in all parts of the country; they are in demand everywhere. Ver mont exports a vast number of those horses, very many of them to my own section of country and to the far West. Now, I find in the general tarili bill that all live animals are admitted free of duty. But in this bill my friend has taken care to insert a duty of 20%. advalorem an all live animals; which will protect Mor horses pretty well.
Mr. MORRILL. IfnIf the Gentfrom Ohio [Mr Seannmo] will allow me to interrupt him again, I will say that while the reciprocity treaty was in ferce of course it was properthat the same exemptions and the same duty should be imposed upon liVe animals from all parts of the world, because we obtained none, or very few, except those which came from the Prov inces. If the gentleman will look at the prior tariff he will find that animals Were admitted at a duty of 20%. advalorem. This bill merely dproposes to restore the same duties that exists priorto the enactment of the reciprocity treaty.
Mr. SPALDING. In the humble district I represent on this floor the urticleofgrindstones cut a very conspicuous figure.
Mr. MORRILL. “Theres the rub." [Laughter]
Mr. PI {15. Will the Gentfrom Ohio [Mr. SPALDING; allow me one word here?
Mr. PIKE. I desire simply to say, by way of explanation in reference to the bounty upon fish, that the ground we take is, that the fishing interest, instead of having been protected heretofore, has not received the average protection accorded to other interests in the country; that if the fishing interest could receive the average protection accorded to the manufacturers of iron, of wool, of cotton, and other articles of the same class, amounting, as the tariff shows. to about 40%, we should be better off by throwing the bounty to the winds. Under the idea that the House had come to this conclusion, I said yesterday that we were desirous of exchanging positions, and that instead of being apparenty mendicauts before Congress ahd receiving what is iiom inally bounty, we would rather take our position with the average of the manufacturers of this country. That, in my jud cut, would be much better and more profitable for the fisher men.
Mr. MORRILL. I presume the gentleman does not desire to do injustice. What he says was true at one time; but it is no longer true, as they have repealed it.
Mr. SPALDING. That is very well. So the rebels have surrendered. Why do we notreceive them into this House? They have surrendered. The Canadians have surrendered until they have a chance to do so again. I tell you, sir, they can play that game better than we can, and as soon as we have adopted atreaty againnvithout passing an act with this provision in it, they will meet us with regulations by which cargoes from American ports shall pay 6 times as much duty as their own do. Now Mr. Chairman, I have no faith in this tribe. llive near them. I live upon the southern shore of Lake Erie opposite to Canada. I happened to be a member of the great commercial conventions at Chicago and Detroit; and I saw there what they were. They have been here this winter, and they will be here incessantly. If they cannot make it by fair means they will by foul. I tell you our only true course is to leave this business to the tari. I agree with my friendfrom Illinois. Let the bill go back to the committee, and there I ho c it Wlll be buried. Let us try them under the operation of the general tariff, because, as my friend says, so soon as the 17th of March is over the will come under the operations of the Generai tariff. If that be not sufficient let the learned committee who have the subject in charge report a revised bill. But I do most strenuous y object to this special bill for the benefit of the Canadians, who have never done an thing particularly in our favor. lhiive done. If this bill is to pass I give notice I shall offer a variety of amendments, and perhaps some of them my friendfrom Vei mont [Mr. MORRILL] will acknowledge to be rubbin upon the rindstone.
Mr. WHALEY. I wish merely to ask the Gentfrom Missouriwhat particular locality he is speaking in behalf of, the Northeast, or the West? After the able speeches made yesterday by the Gentfrom Maryland, [Mr. FTHOMAS] and today by the gentleman romPennsylvania, [Mr. KELLEY] and the Gentfrom Illinois, [Mr. Wenrwoarnd and the Gentfrom Ohio, Mr. SPALDING] I want to know what portion of the U.S., or what locality the gentleman thinks is going to be damaged by this proposition. I, sir, represent a coal and salt region; but this question has been so ably discussed by the gentlemen to whom I have referred, that I do not think it necessary or worth while for me to add an thing to what they have said.
Mr. OGAN. In reply to the in. ui made by the gentleman, I have to say that am a Representative in the American Congress to advocate the interests of no locality, but to look to the interests of the people everywhere; their interests are my interests, and my interests are theirs. I do not propose to do anything, if I can help it, the tendency of which shall be to raise up a tremendous moneyed aristocracy in this country, to crowd down the masses of the people, when we have been fighting for 4 years past to put down, as was said so often, an aristocracy in another portion of the country. I ask again, what protection do you give to the man that digs out the coal? You put him under ground to delve for it, and you hardly pay him such wages as will enable him to support his family.
Mr. STROUSE. I would like to ask the Gentfrom Missouriwhere he ets his in ormation that the mineris oppressc, and does not get adequate wages for is labor, and has to go under round and delve for coal without being proor y aid for his services.
Mr. HOGAN. Why, sir, I derive it from this source: I find that all over the country, in Pennsylvania, as well as in other States, the coal miners have been compelled to rise enmasse in order to secure fair wages from the men who employ them and who get a very large price for their 009.
Mr. STROUSE. Let me say, for the information of the House, as well as of my friendfrom Missouri, that he is misled by exagger ated stories in the news papers. I believe it is pretty well understood that I have the hoaor to represent upon this floor the largest coal fields in the State of Pennsylvania. The county of Schuylkill, in my district, shipped during the year 1865 upwar of 4 million tons of anthra cite coal and because occasionally a band of men, or a few men, may not be satisfied with the very high wages which we paid them, it is heralded out through the press that the whole mining population O Pennsylvania are up in revolt because they do not receive adequate pay. I deny it. It is simpl not true. There is not a more liberal class of employers in the whole country than the coal operators and owners in Pennsylvania, which is the great coal producing region of the country. Again, sir, we have very few corporations in the State of Pennsylvania. The majority of the coal Operations are carried on by individuals, by individual capital and individual enterprise, and the wages of the miners now ran e from 3 to 5 dollars a day. e only objection I have to this bill at all is, that the duty which it proposes to iin ose upon coal imported from ova Scotia and the other British Provinces is entirely too low. Sir, the gentleman says that he is a member of the American Congress. So am I. But I am in favor of legislating for the American people before I legislate for foreigners.
Mr. HOGAN. I am not used to this kind of running debate in the House. As was said M by the Gentfrom Connecticut, [Mr. Dnllll Hm] I have not yet quite got the hang of this school house, [laughter] and these interruptions disturb me somewhat; but I would ask my friendfrom Schuylkill county one question right here, and it is this: did you ever know a laboring man in the coal fields of Pennsylvania who made much money?
Mr. STROUSE. I did. I have known 1,000s of them who have owned houses and lands, the fruits of their own labor.
Mr. HOGAN. I am very glad to hear it; I wish there were more of them.
Mr. GRISWOLD. Will the gentleman yield to me for a moment?
Mr. HOGAN. Well, I am speaking on a qtpestion that I feel a great interest in, namely, the protection of the people against class legislation for the benefit only of the rich, and as no one else seems to think of their condition, no one as yet having spoken for them, and as I speak without any notes, I prefer not to be interru ted.
Mr. GRISWOLD. I desire to interrupt the gentleman for a moment, merely to give him some information.
Mr. HOGAN. Very well; I will yield to the gentleman.
Mr. GRISWOLD. I desire to state to the gentleman, as a matter of information for it is evidently a subject to which he has given some attention that if there are any such effects of monopolies as those to which the gentleman has so eloquently referred, there is no more signiff cant instance of it than in the ver laborers in the coal fields of Pennsylvania an otherlocal ities. I desire to inform the gentleman that throughout this broad land there is no class of men who have been so exorbitantly paid as the laborers in the coal fields, where they have earned from 5 to ten and 15 dollars a day.
Mr. GRINNELL. I desire to ask the Gentlemnn whether there is any more impropriety in increasing to a small extent the duty on wool than there is in a duty of 40 dollars perton upon hemp, a prominent production of missouri, but one or which we do not seemtohave very much use just now. [Laughter]
Mr. HOGAN. Grantin the duty on hemp to he 40 dollars perton, does that benefit the people of Missouri? The description of hemp which we raise is not produced to any great extent anywhere except in this country.
Mr. GRINNELL. Russia has been a competitor with us in the production of hemp.
Mr. DRIGGS. Allow me a word. I unnuderstand the gentleman to argue in favor of lumber coming in free. I understand him to say he is in some sense atariff man. If we i when he was making his speech, that he I understand him, he is in favor of such articles as his locality produces, and in favor of letting all the articles that his locality does not produce come in free.
Mr. STROUSE. I will say for the information of my friend, and in contradiction of his informant, that there is at this time a great deal of iron imported, not only from England and Wales, but from Sweden and Norway and I will further say that the revenue we impose upon our own iron almost overbalances the duty on foreign iron, so that there is really now an inducement to the British, Welsh, and Swedish manufacturers to exportto this country. These are the facts.
Mr. KELLEY. Will the Gentfrom Missouriyield?
Mr. GRISWOLD. Will the gentleman allow me a moment?
Mr. GRISWOLD. f desire mam, by the permission of the gentleman, for his information and that of the House, that I am author 120d to state positively and unqualifiedly, that the report which we shall have in a very few days from the board thathas been investigating the industrial interests of the country, will prove that upon the capital invested in manufacturing for 20 years past the average profit has not been 2 and a half%.
Mr. HOGAN. Well, that will bea great curiosity. I would really like to see that report. while I have been for 20 yearsa purchaser of commodities, and have been in the habit of dealing with large manufacturers, I have not found an of them in all that time who have pursued their business and have notmade very ar e amounts of money. ow, I would like to ask the Gentfrom NewYork if that information was derived from manufacturers.
Mr. GRISWOLD. It is the result of the evidence drawn from manufacturers all over this country. What I have stated is the result of absolute figures. If hereafter it shall appear that I am wrong, Iwill acknowledge it frankly.
Mr. BROOKS. Will the Gentfrom Vermont [Mr. Manama] yield to me for about ten minutes?
Mr. KELLEY. I desire simply to so to the gentleman that if he understood any an guage of mine as attributing to him a conscious misstatement, or if the House under stood me as making any such intimation, then my language did great injustice to my feelings., Mr. MORRILL. I did not so understand him; but I understood him as saying that fig ures might sometimes convey a very stupen dons falsehood. If I had understood him offenively, I might have retorted upon him by quoting one of our profoundest moralists, who says that a man who makes a declaration, not knowin it to be true, utters a false. hood. The gent eman did not know whether this coal that we export to the British Prov inces was bitumine us or anthracite, because there is no return that shows the fact one way or the other. It was as impossible for him to know as it was for me.
Mr. KELLEY. The collateral facts, Mr. Chairman, all demonstrate the correctness of the statement which I made. It is not custom ary to prove a negative; and the gentlemlm cannot prov the affirmative to the comm, “ what I stated.
Mr. MORRILL. I am perfectly willing to admit. as I have no doubt it is the fact, that a large portion of the coal that goes into the Prov inces is anthracite coal. let does that mili ate against the statement which I made that here is one article at least in reference to which there is something of reciprocity I Certainly it a pears to me that an exc ange even of anthra cite for bitumine us coal is something of reciprocity. Now, Mr. Chairman, the Gentfrom Pennsylvania says, “ Pass this bill, and we shall bankrupt every company eugaed in the production of bitumine us coa.” Vh, sir, when this reciprocity treaty was passed e Senators who represented Pennsylvania and Maryland, and I believe Virginia all those coal mining regions where bitumine us coal is obtained were in favor of the treaty, and when the question came up in this House not a single Gentfrom those States rose to make an objection, and when the bill passed, Mr. Washburn, of Maine, endeavored to obtain the yeas&nays, but that without avail, only 7 gentlemen risin to order them. Now, 18r. Chairman, ifthese bitumine us coal mines have been mined for ten or 11 years without the proprietors being broughttobankruptcy, when there has been no duty imposed upon coal, and when the bill as it is now before the House proposes a duty upon the coal brought from tie Provinces, an when it is extremely probable that these mines will be relieved from direct taxation as well as indirect taxation, I confess that I do not see the immi nency of their bankru tcy.
Mr. STEVENS. Willl the gentleman allow me to state one foot? During the operation of this reciprocity treaty 3 companies have embarked in mining this coal in the Cumber land region; they have been 3 times reen forced with capital, and yet they are all bankrupt.
Mr. SPALDING. I would ask the gentleman if the last Congress did not distinctly vote down a proposition for a new board of commissioners upon this subject.
Mr. BLAINE. The gentleman seems to have for otten oneof the products of his native State.
Mr. BROOKS. I thank the gentleman for reminding me of one of the hardy productions of my own native State. Maine, Minnesota, northern Iowa, and the high northern latitudes produce an article of barley that is fit to be manufactured into lager beer. No like article can be produced in the more southern latitudes of our country. Now, sir, in addition to our tax upon this article of lager beer, so largely consumed by Germans, and which produces for us now an enormous amount of revenue, largely supporting this Government, we are about to add a tax of 15 cents perbushel upon the whole amount of barley which we import from Canada, which for the last year was 6 million bush els. Enough, however, upon that subject. Now a word or 2 in regard to what has been said upon coal. It is alleged that the coal miners and those who have invested their cupital in coal to a very large amount have failed. I did not hear the statement made by the honorable Gentfrom Pennsylvania, [Mr. ! Srsvrxs.] I would like to have him state again the number of failures among those who have invested their capital in coal mines. I did not hear the statement he made to the Gentfrom Vermont, [Mr. Riemann]
Mr. STEVENS. I s oke of companies which had been renewed and revived in the region represented by the Gentfrom Maryland, [Mr. FTHOMAS] He could tell more about the matter than I can. I know of 2 or 3 companies therewhich have failed, though their capital has been renewed. I know that at present their capital is all sunk or doing no good, and will not be doing any good of course until they can get their productions to a market.
Mr. BROOKS. I want that statement to go before the country in this connection: that 90 out of 100 of our merchants also fail.
Mr. KELLEY. I ask the gentleman to distinguish between anthracite coal and bitumi nous coal. There has been no plea made here today for anthracite coal. This bill contemplates none but bitumine us coal.
Mr. BROOKS. The best reply to all this lea for coal, an ironical plea it may be, is to be found in the hearts of the poor people of the country who have had to pay during the past winter from 14 to 16 dollars a ton for that coal. What more eloquent answer can there be than to let the mouths of our our countrymen state the prices they have been paying for their coal?
Mr. Chairman, the coal mines of Pennsylvania are not all owned there, not the half of them, even. A large portion of my constituents have invested the surplus of their capital in the coal mines of Pennsylvania. I care not what may be said about their having lost their capital in the coal business. It is well known that none of our people make greater dislay of wealth in fashionable society than do these same capitalists and their wives and daughters. Note the magnificent adornment of their wives and daughters; their diamonds, their bracelets, their jewels, and all those things which make woman beautiful. The proof is sufficient that the owners of these coal mine stocks have made large profits. I know they have made within the last 2, 3, or 4 years, at least 20% or annum upon the capital they have investe. Mr. Chairman, I might dwell at almost any length upon these subjects. But my friendfrom Maine [Mr. BLAINE] desires to say a few words on this bill, and with the consent of the Gentfrom Vermont, [Mr. Moaaii.L] bywhose courtesy I have been speaking, I will now yield to him.
Mr. MORRILL. How long does the Gentfrom Maine [ML BMINE] desire to speak? I was about to move that the committee rise.
Mr. BLAINE. I can say all I desire to say in 5 minutes.
Mr. MORRILL. I will yield to him for that time, retaining my right to the floor, so that I can submit the motion that the committee rise in order to close debate.
Mr. BLAINE. Before general debate is closed, Mr. Chairman, I desire to occupy the attention of the committee a few minutes in regard to the provisions of the pending measure. It is styed “A bill regulating trade with the North American British Provinces, " and is designed to take the place of the “ reciprocity treaty, ” whose final termination will he joy fully hailed on the 17th of this month. The bill seems to me so radically wrong in its details that I despair of seeing it amended into any acceptable form, and I therefore wish to have a test question on it at this time. It seems to me to sacrilice and subordinate American interests to provincial interests; and, so far as my own State and district are concerned. it certainly affords no adequate protection against injurious competition from the Canadas and NewBrunswick. I represent a constituency whose leading interest is agriculture; and I look in vain in this bill for any fair protection to that interest a inst the cheap and untaxed products of our ritish neighbors. The same is true of the lumber trade, also a large interest in my district an interest most injuriously affected by the reciprocity treaty, and which is not much improved by the scale of duties proposed in this bill. As the matter stands I prefer to leave the whole question to be regulated in a general tariff law, and not have any spe cific basis of trade with the British Provinces different from other foreign countries. In order to test the sense of the committee on the merits of the bill, I move now to strike out the enacting clause. On the motion to strike out the enacting clause of the bill, there were ayes 51, noes 56. Mr. BLAINE called for tellers. Tellers were ordered; and the Chairman uppointed Messrs. Bums and MORRILL. he committee divided; and the tellers reported ayes 63, noes 68. So the motion was not a veed to.
Mr. MORRILL. In or or to terminate de bate on this bill, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. RAYMOND reporte that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly House bill No. 387, regulating trade with the British North American possessions, and had come to no resolution thereon.
Mr. MORRILL. I move that when the ComWhole on the state of the Union shall resume the consideration of this bill, all general debate shall terminate in 20 minutes. There are 2 gentlemen who de sire to speak about ten. minutes each, and I think it fair that they should beaccommodated. The motion was agreed to. ENROLLEDJtResolution SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled a JtResolution (H.R.No. 17) giving the consent of Congress to the transfer of the counties of Berkeley and Jefferson to the State of WestVirginia; when the Speaker signed the same. PRESIDENT JUAREZ. A message in writing, from the POTUS, was received by Mr. W. G. Moor E, his Secretary.
The SPEAKER, by unanimous consent, laid before the House the following message from
the POTUS: To the HoRep: In answer to a resolution of the HoRep of the 27th ultimo, requesting certain information in relation to President Benito Juarez, of Mexico, I transmit a report from the SecyState. AndrewJohnson. Wasninc rox, March 6, 1866. The message, with the accompan in: report, was referred to the ComForAffrs, and ordered to be printed. INTERNALREVENUE. On motion of
Mr. MORRILL, Senate amendments to the bill (H.R.No. 201) entitled “An act to declare the meaning of certain parts of the internalrevenue act, approved June 30, 1864, and for other purposes, were, by unan imous consent, taken from the Speakers table, and referred to the ComWays&Means. LEAVE OF ansaucs.
Mr. WASHBURNE, of Illinois. Mr. Speaker, the delegation in Congress from my State has appointed a committee, consisting of 5 of its members, my colleague from the Monmouth district, [.Mr. HABDIML] m colleague from the Springfield district, [Mr. 01.1.0115my colleague from the State at large, HMr. Moni.ros] my colleague from the Shelbyville district, Mr. THORNTON] and, myself, to proceed to est Point tomorrow to attend the funeral of one of the noblest and most fted sons of our State. I allude to Colonel lieodore M. Bow ers, adiutant general upon the staff of Lien tenant GenlGrant. Colonel Bowers, who yesterday was instantly killed while getting upon the cars at Garrisons Landing, opposite est Point, was a man of qualities so remark able, of patriotism so pure, of loyal so ele vated, o a character so exalted, and bhad remdered during the war services so valuable to the country, that the members of both Houses from the State of Illinois deem it proper to pay a tribute to his memory by being represented at his funeral. I therefore ask leave of absence for my colleagues whom I have named and myself for the remainder of this week. Leave was granted. AUGUSTINE AMIOT.
Mr. THAYER, by unanimous consent, introduced a hill to confirm to Augustine Amiot or his legal representatives, a certain lot of ground in the city of StLouis; which was read a 1st and 2nd time, and referred to the ComPrivLandClms and then, on motion of Mr. LEBLOND, the House, (at 20 minutes to 5 oclock p.m.) adjourned.
@@@IN SENATE SENATE. Tnunsuar, March 8, 1866. Prayer by Rev. Tnouxs H. SKINNER, of NewYork. The Journal of yesterday was read and approved.
Mr. MORGAN. The ComFinance, to whom was referred the petition of the Union League Club of the city of NewYork, praying Congress to appropriate and ay to the family of the late President Lincoln his salary for his full term of office, have had the same under consideration and have instructed me to ask to be discharge from the further consideration of the petition Congress having already taken action in regard to that subject. The report was agreed to.
Mr. POMEROY, from the ComPubLands, to whom was referred a bill (S.No.145) foragrant of lands to the State of Kansas toaid in the construction of the Northern Kansas railroad and telegraph, reported it with an amendment.
Mr. RAMSEY, from the ComPostOffices, to whom was referred the memorial of J. W. Warren, of Al bany, Wisconsin, praying for compensation for damages sustained by him in cons uence of the rescinding of the acceptance of is bid by the PostMGenl to carry the U.S. mail on route No. 13130 from Mill Haven to Grand Rapids in that State, submitted an adverse report. The committee were discharged from the further consideration of the memorial, and the report was ordered to be printed.
Mr. RAMSEY also, from the same committee, to whom was referred a bill (S.No.163) to authorize the Milwaukee and Prairie Du Chien Railway Company to construct a bridge across the Mississippi river, and establish a post route, reporte it with an amendment.
Mr. CHANDLER, from the ComCommerce, to whom was referred a point resolution (H.R.No. 57) authorizing. c Secretaries of War and the Nov to place hulks and vessels at. the disosal o commissioners of quarantine or other properauthorities at ports of the U.S., reported it without amendment. a 1.GRAY.
Mr. LANE, of Indiana. The ComPensions, to whom was recommitted the bill (S.No.180) for the relief of A. J. Gray, have directed me to report it. back without amendment, accompanied by a written report, and to ask that the bill maybe taken up and acted upon now. It is the same case that we had under consideration yesterday. There being no objection, the Senate as in ComWhole proceeded to conSider the bill.
Mr. LANE, of Indiana. tar; to read the report:
The Secretary read it, as follows: The ComPensions, to whom was referred the petition of A. 3. Gray for a pepsion. be; leave to report that A. J. Gray was.9 rutedo pilot.of the Mississippi squadron on the 2 st day of member, W12; O served for a short time on the steamer Louisville and then was. by order of Admiral Porter detailed to serve on the Ju e Terrence. on which he served until the 13thof February 1863. He was honornbly did chnrired on account of disease contracted in the serviceof the country. His disease according to the certificates of 2 surgeons, one I govemment officer, was caused by concussmn resultind in n settled nervous disease which has caused partial paralysis of the nerves of locomotion. rendering bima cripple for life and also lmYMllllK his senseof hearing. Ilis injuries have ren cred him unable to makn a support for himself and family, and the committee thin the facts in this we thlly justify the bill here with reported.
Skip Skip The bill was reported to the Senate Without amendment, orderengross fur a 3rd reading, was read the 3rd time, and passed. PAPERS RECOMMITTED.
Mr. WILLIAMS. B the instruction of the ComClaims made an adverse report esterday morning on the case of Mrs. Elizabeth Smith. I now move to recommit the petition, papers, and report to the ComClaims for further consideration. The motion was agreed to. BILLS INTRODUCID.
Mr. WILSON asked and by unanimous consent obtained leave to introduce a hill (S.No.191) to provide clerical force for military divisions and Depts; which was read twice by its title, and referred to the ComMilAffrs .
Mr. POLAND asked, and by unanimous consent obtained leave to introduce a JtResolution (s.r. No. as to refer the claim of the administrator of Ricard W. Meade, deceased, to the Court of Claims which was read twice by its title, and referred to the ComJudiciary.
Mr. POL ND also asked, and by unan imous consent obtained, leave to introduce a JtResolution (8. R. No. 40) pro.lOSlllg an amendment to the Constitution of the U.S.; which was read twice by its title.
Mr. CRESWELL. I ask that that resolution may be read at length.
The Secretary read it, as follows: Resolved, That the following amendment to the Constitution of the U.S shall be proposed which, when ratified by the Legislatures of 3/4ths of the States, shall be valid to all intentsand purposes as part of the Constitution of the U.S.: Auricac. No person whohasbeen or shall bewillingly engaged in rebellion againstthe U.S shall exercise the elective franchiseor hold any offlce isipdet rhe authority of the U.S or of any lb8. ARTICLE Congress shall have power to pass all laws necessary to enforce the foregoing article.
Mr. POLAND. I move that the JtResolution be printed, and referred to the JtComReconstruction. The motion was agreed to.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R. No. 41) relating to lands granted to the State of Minnesota to aid in constructi railroads; which was read twice by its title. on referred to the ComPubLands.
The President protempore. If there be no further morning business, the Chair will call up the special order for one oclock, being the JtResolution (H.R.No. 51) proposing to amend the Constitution of the U.S., upon which the Senfrom Maine [ML MOR RiLL] is entitled to the floor.
Mr. FESSENDEN. My colleague is not in his seat at present. I suppose he expected it to come up at one oclock.
Mr. POMEROY. I thought there was a special order for half past 12 oclock to ay.
The President protempore. The Chair is not advised of any 8 ial order for this day at half ast 12 oc oek.
Mr. POMEROY. Ithought the resolution of the Senfrom Kentucky [Mr. DAVIS] for the appointment of a committee to investigate cotton frauds was made a special order for this morning, The President protempera. There is a special order for Friday at half past 12 Oclock.
Mr. ORE SWELL. If the Gentfrom Maine is not quite ready to go on, 1 will call the attention of the Senate to a bill which I think will take but very little time and will give him a few moments to prepare his papers, if he desires it.
The President profemporc. The special order can be laid aside informally by common consent.
Mr. MOllRILL. I have no objection, if the Senator desires to pass a bill.
The President 1 protempo/re. The Chair hears no objection.
Mr. CRESWELL. Then I move to take up Senate bill No. 79, for the benefit of Peter anderson. The motion was agreed to; and the bill was read a 2nd time and considered as in ComWhole. It directs the SecyTreasury to pay to Peter anderson $1, 128, being in full for back pension, at the rate of 6 dollars permonth, from the day he received his wounds to the day his pension commenced, under the award of the ComrPensions that is to say, from November 7, 1847, to Jul 18, 1863.
Mr. SHERMA.Ishould like to hear the report in that case.
The President protom 0. The Chair is advised that no report has conmade.
Mr. CllESWELL. I will state, for the information of the Senfrom Ohio, that this is a measure that was submitted to the comInvalidPens in the other House during the last Congress, and I being a member of that committee during that Congress, examined this bill myself and prepared a report upon it.
Mr. SHERMAN. If there is areport from the other House let. that be read.
Mr. HENDRIMS. I wish to ask the senaterjrom Maryland whether my colleague who is at the head of the Cpmmittce on Pensions, but whom I do not see in the Chamber at present, has examined and reported in favor of this bill. Have the committee of this Senate reported in favor of the bill?
Mr. CltESWELiL. They have. The gon Gentfrom Kentucky [Mr. DAVIS] made the report. rind at his request, being intimately acquuinted with the facts of the case, I asked that the bill should be taken up.
Mr. HENDRICKS. It is a departure from the established precedents.
Mr. DAVIS. I will inform the honorable Senfrom Indiana that this case was very carefully considered by the ComPensions. They examine all the facts and thought it an exceedingly meritorious case. The committee agreed harmoniously and hear til in favor of the bill as it has been reported. hope it will ass.
Mr. GRIMES. There is just one question presented by this bill. I believe I am a little familiar with it, as the person who asks this cu son claims to be a citizen of my State. he rule heretofore prevailing has been that the pension should not go back anteriorto thy time at which the application was made. In this case the ComPensions have recommended that the pension shall go back anterior to that time, and as I understand it, principally for the reason that this party was wounded some years ago, during the Mexican war, and haslost his property during the rebellion. The question is whether the Senate will establish a new rule or will make this an exception to the General rule which has heretofore prevailed, that pensions shall not run prior to the time at.which the party asking the pension made the applicacation.
Mr. DAVIS. I will merely remark that it appeared satisfactorily to the committee that in consequence of these wounds this man An derson was utterly disabled from performing any labor for his own support. His services were very meritorious; his disability was complete; and he had been in that condition for many years; and the committee, without any hesitaney, and unanimously, thought he ought to have this pension, and reported the bill providing for his relief.
Mr. VANWINKLE. The facts of this case are very peculiar. I did not recognize the name when it was 1st called up, but in the absence of the chairman of the committee I will shite that this man was in the Mexican war, and in doing some boat service I think in the harbor of Vera Cruz he was wounded several times, so that he has not the use of either one of his limbs. While they remain attached to his body, he has not the full use of either arm or either leg. Notwithstanding he was in that condition, after the Mexican war ceased, he did not apply for a pension. On the contrary, he went into a little business, keepiu a fruit and cigar store in the city of Mobile, an had amally accumulated one or 2000 dollars worth of property at the time the rebellion broke out. 3:: was employed by some of our authorities to convey some information to the troops at NewOrleans, and was suspected of having done so, and in consequence of that he was driven out of that place. e had converted about 1,000 dol rs of his property, if I recollect rightly, iute tobacco. l hat he also lost. He came here and was before the Pension Committee last winter, a perfectly helpless man. in his patriotism he disdained to for his pension, notwithstanding he was so severely crippled, but went on and supported himself, and is family also, by his own industry; but now being deprived ofevery thing, being much older than when that thing occurred, unfit for anything like manual labor, utterl helpless, he comes here and asks simply that die arrears of pension which his patriotism induced him to relinquish may be paid to him. This, I believe, is about the outline of his story.
Mr. BUCKALEW. I think the Senfrom WestVirginia is speaking of another case. There seems to be a question asto the identity of this man. The name in this bill is Peter anderson. The name of the person to whom the Senfrom WestVirginia refers is C. F. Johnson.
Mr. CRESWELL. The Senfrom Pennsylvania is entirely mistaken. This is precisely the case stated by the SenfromWestVirginia. g
Mr. BUCKALEW. I should like to ascertain that fact before I consent to vote for this bill and break down the rule that has been here tofore established.
Mr. POMEROY. The facts stated by the Senfrom WestVirginia are very familiar to me. I have heard of those facts before, but I so posed they up died to another man.
Mr. CRESWELL. Those were precisely the facts putin proof before the ComInvalidPensions of the HoRep at the last session, and upon the strength of those facts this report was made, not giving the facts so much in detail as they have been given by the Senfrom WestVirginia, but I remember distinctly that they were all stated and proved, and in making this report the same conclusions were given.
Mr. BUCKALEW. I move that this case be laid over for the present, and when the question in regard to the identity of this person is cleared up I will call it up again.
Mr. LANE, of Indiana. This is a bill for the relief of Peter anderson, and the report is in relation to Peter anderson, and there cannot be any mistake about it.
Mr. CLARK. I think the identity of this man had better be established, for certain it is that we have precisely a similar case before the ComClaims of a man asking payment for tobacco, who calls himself Johnson. If they be different persons, their cases are mar velously alike. I they are but one that fact should be ascertained.
Mr. LANE, of Indiana. ture attached to the papers.
Mr. CLARK. that does not identify the man. There can be no harm in laying the bill aside until we can ascertain the fact.
Mr. VANWINKLE. I will state that there must be a mistake in the name. This case of andersons was considered in the committee under the supposition that it was the same as the case of the person called Johnson.
Mr. CLARK. It may be all right, but we certainly have a man by the name ofJohnsori, who was wounded in the Mexican war, who has not the use of his limbs, who has a claim for tobacco, and he asserts that he went through our lines to do service for us and lost that to bacco. I think we had better determine this question of identity before proceeding further. have no hostilit to the claim.
Mr. VANWINKLE. I suggest that the bill be recommitted.
Mr. CLARK. Letit lie on the table, and we can ascertain how the facts are.
Mr. DAVIS. I happen to be upon both committees, and I know the 2 cases are separate and distinct. The case the Senfrom NewHampshire refers to is the case of tobacco which was lost in the Mississippi river in a skiff.
Mr. CLARK. Allow me to ask the Senator if he knows the 2 men, and knows they are different men?
Mr. DAVIS. I know that the loss of the tobacco in these 2 cases was at different pe riods, and at different and distant places. One lost his stock in trade in the city of Mobile; the other had his tobacco on the Mississippi river in a skiff, which he said was taken possession of by some U.S. officers, and a storm came up and sunk his skiff.
Mr. CLARK. If the Senfrom Kentucky will say that he knows the 2 men, and knows them to be different persons, I will not object to the bill; otherwise, I shall move to lay it upon the table until we ascertain that fact.
Mr. DAVIS. I do not know either of them.
Mr. CLARK. Then I think it had better lie on the table for the present.
The President protem ore. that this bill be laid upon th, motion is not debatable. The motion was agreed to.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnnnsoN, its Clerk, announced that the HoRep had passed the JtResolution of the Senate (S.No.36) providing for the expenses incurred in searching for missing soldiers of the Army of the U.S., and for the further prosecution of the same. The message further announced that the HoRep had passed a bill (H.R.No. 884)to fix the number of judges of the SCOTUS, and to change certain judicial circuits, in which it requested the concurrence of the Senate. Here is the signa It is moved e table, and that ENROLLBD BILL SIGNED. The message further announced that the Speaker of the HoRep had signed an enrolled JtResolution (H.R.No. 17) giving the consent of Congressto the transfer of the counties of Berkeley and Jefferson to the State of WestVirginia; and it was thereupon signed by The President protemporc. APPORTIONMENT OF REPRESENTATION.
The President protempore. The special order assigned for today at one oclock, being the JtResolution (H.R.No. 57) proposing to amend the Constitution of the U.S., will now be considered as before the Senate, and u.on thatquestion the Senfrom Maine [Mr. Ionmujl is entitled to the floor.
Mr. SAULSBURY. If m friend will allow rne to interrupt him, I will as him whether he is in favor of giving to the southern ucgroes a right to vote, and whether he means to exclude the southern States from the right of representation because they do not allow the negroesto vote.
Mr. HOWE. If his speech were put into a law it would be all right.
Mr. WILSON. I can assure the Senfrom Illinois that his questions, which he says were not put to embarrass me, but for information, will certainly not embarrass me, and I shall endeavor, if I can, to answer them fairly and squarely. The constitutional amendment that was proposed by the Senfrom missouri, [Mr. ENDEBSON] and reported by the Senfrom Illinois, [Mr. TRUMBULL] adopted by Congress and ratified by the people, was never understood by any man in the Senate or HoRep, by any portion of the public press, or by any Senator or Representative in any State, to confer upon Congress the right to prescribe or regulate the suffrage in an State of this Union. If it had been suppose that it gave that power the amendment would never have passed Congress, never have received the sanction of the States. I will state what power it. gave Congress beyond all 1 doubt or question. It clothes Congress with ample powers to protect the civil rights and immunities of every emancipated slave in the country. That emancipated slave is as free as I am; the child emancipated in its cradle today is as free and as much a citizen of the U.S. as the Senfrom Illinois or myself. But, sir, cizenship never did carry in this country and d cs not carry in itself the right of suffrage or the right to hold office. A man may be a citizen and not have the right of suffrage. There are men in Massachusetts, in all the States, who are citizens and who have not the right of suffrage.
Mr. YATES. Will the Senator allow me to ask him another question?
Mr. YATES. Was it understood at the time of the passage of the amendment to the constitution that it would confer civil rights?
Mr. WILSON. I suppose so. have no doubt of it; none whatever. When that amendment was added to the Constitution it gave Congress ample power to make these men ree, as free as the non-voting white population of those States, as the women or chililren, or such persons as were not allowed the privilege of suffrage. The Massachusetts bill of rights de clares that “each individual in society has a right to be protected by it in the enjoyment of his life, liberty, and property.” Mr. Webster says that “the right of being protected in life, liberty, and estate is due to a l, and cannot be justly denied to any, whatever be their age, property, or residence in the State.” This sacred right to be fully protected in life, liberty, and estate is (Hue to the freedmen, and I belive Congress is c othed with ample authority to secure the emancipated slaves in their civil rights and immunities. But I did not understand then, and I do not believe now, that it gives Congress the power to clothe these men with suffrage orto confer office upon them. Particiation in the Government is one thing; the rig it to be protected in life, liberty, and estate is another thing. Every human being in the country, black or white, man or woman, or little child in the cradle, has a right to be protected in life, in property, and in liberty; that is, civil liberty. he right to hold an office, the right to vote, the right to take part in the governing power of the country is a thing that has been regulated by the State in every State in the Union from the beginning of the Government. it is a thing that may be modified and changed by law. No State has a right to pass a law denying securit to life liberty, or property. In the words O Daniel Webster, the State that does not give protection to the life, liberty, and property of all men violates its duty, because every person has this due him for his allegiance to the Government and his contribution to the support of the country.
Mr. YATES. I do not deny the power of the States to regulate suffrage, to make rules and regulations, and to decide upon the qualifications of those who are electors. It is the duty of the State to preserve and regulate the right, but it cannot destroy the right. I ask the honorable Senfrom Massachusetts now, if he believes in the power of the State of Massachusetts or the State of SCarolina, not simply to regulate the right of suffrage, but to deprive a citizen of the right to vote altogether? Can you disfranchise an American citizen?
Mr. WILSON. Well, Mr. President, I an swer by saying that, right or wrong, the States do not always enfranchise American citizens. Massachusetts denies suffrage to citizens unless they can read and write.
Mr. YATES. That is not the question. The question is whether she can do it rightfully.
Mr. WILSON. The Senator may say that it is not a thing that ought to be done. I agree to that; and I voted against the amendment in my State requiring reading and writin for that reason. I do not fear universal suffrage believe it to be safe in our country.
Mr. YATES. I ask the Senator Whether this constitutional amendment will not permit that thing to be done. Does it not permit the rebellious States to exclude from the right of voting and to disfrzinchise entirely the freedmen?
Mr. WILSON. I answer emphatically, no I In my judgment and I have tried very hard to think the other way, and have heard and read agood deal on that subject this amendment permits nothing, nothing whatever. I have never seen or heard or read anything yet that convinces me that the adoption of the constitutional amendment makinglfree these people gave the Congress of the U.S. any power to settle the question of suffrage in Penn lylvania, Ohio, In iiiua, or anywhere else.
Mr. YATES. The honorable Senator does not understand the last question which I put to him; and that is, whether by the constitutional amendment now proposed the Suite of SCarolina or any other of the rebel States may not disfrunchise the freedmen entirely. Does it not give the States the right to say that colored people shall not vote, or that a certain portion of them shall not vote? Is not that the spirit of the pending amendment? Does it not give constitutional sanction to that doctrine?
Mr. WILSON. I will answer the Senator by saying that I think this amendment leaves the matter with the States just precisely as it is now; there is no implication in it, no compromise in it, no surrender by this Government of any power whatever. This amendment does not touch the question of suffrage at all; this “amendment” simply proposes a penalty for denying to free men the right of suffrage. It proposes that free persons, as now, shall continue to be the basis of representation; but that if any portion of them, on account of color or race, are denied, in any State, the right of suifruge, they shall not be counted in the basis of representation. it is true and who can doubt it that the States possess the power of prescribing the qualifications of electors, how can it be maintained that by implication this amendment concedes to the States the power of denying the right of suffrage? This amendment concedes nothing whatever. It yields nothing whatever of the powers now possessed by the Federal Government; but it oes say to every State, “ If you deny suffrage to any man on account of color or race the whole of that class or race shall be excluded from the basis of representation.” There is no compromise in this, no concession, no surrender of any rights now possessed by the Government.
Mr. YATES. Let me state to the Senator the position which I assume. Before the adoption of the constitutional amendment abolishing slavery and giving Congress power to enforce that abolition by appropriate legislation, the States had a rirht under the Constitution, nc cordin to the decisions of the SCOTUS, to (lisfranchise the colored people. They were considered it subject race, they were not considered a part of the people, nfpart of the sovereignty, a part of the citizens of the U.S. But by that constitutional amendment they are free, as free as the Senfrom Massachusetts this day; and now the question is whether, with this amendment staring us in the face, we shall proceed to insert in the Constitution anew clause by which the States may disfranchise these persons alto ether. That is the question an entirely dif erent question from any that was presented befopo teadoption of the antislavery amend mell.
Mr. WILSON. I hold that the amendment neither yields, gives, or surrenders any power. It simply imposes a penalty upon the States for continuing to do what they are now doing. I have in my hands an Opinion given by AttyGen Bates and I think a few paragraphs from it might be advantageous to the Senfrom Illinois to hear and I will read them to him.
Mr. STEWART. I should like to inquire of the Senator how he makes it out that under that proposition NewYork would lose 4 Representatives as compared with the rest of the country.
Mr. WILSON. I will answer in this way: that NewYork today has 4 Representatives in the other House who are there by ressonof her unnaturalized foreign born population being ncluded in the basis of representation. She would of course lose every one of them.
Mr. STEWART. I think it will be found on Examination that the forei element is more equally distributed throng out the northern States than would at 1st be supposed I speak particularly of the males over 20 years of igc: there are more mine rs West than there ire East. There is another fact to be taken nto consideration when you come to apply “mill 0.measure to the South. The South has est a greater proportion of its male O ula LIOHthan the North. I think that on the asis )f voters, the result would be to give a greater itrength to the North as compared With the South than would the constitutional amendment proposed by the committee. I think this wonl be the result, because the South as I have laid, has lost a far greater proportion of her nale population than the North. Her mules lave been mostly in the army, and from the nest statistics I can get and I have had sev zral gentleman helping me to fi rethe matter int I have come to the cone nsion that the South will lose more in reportion than the North if you take the bums of voting, and that he foreign born element is pretty equally divided throughout the North. I do not think, liter a careful examination, that any of the csults the Senator aprehends will follow.
Mr. WILSON. l think if the Senator will nuke a close and careful calculation, he will:ome to the same conclusion that I have. We were told the other day by the Senfrom Pennsylvania that the South had lost during be war a million colored persons; the Senfrom Wisconsin yesterday repeated that state nent; the Senfrom Nevada tells us today.hat the South has lost a great many more men, han we have.
Mr. STEWART. In proportion to the rela vive numbers.
Mr. WILSON. I believe this talk about the great negro loss has no foundation in fact.
Mr. STEWART. I was not speaking of the oss of the negroes, but of the white race.
Mr. WILSON. I understand the honorable Eenator. I made inquiries the other day of General Saxton, a gentleman who, I think, snows more about that subject than almost any nan in the country at any rate as far as SCarolina and Georgia are concerned and he expressed the opinion that there are as many acgroes in SCarolina and Georgia as there were when the rebellion broke out, and more.
Mr. DOOLITTLE. On that subject allow ne to state that Governor Aiken, who resides n the immediate neighborhood where General Saxton is in command, made the statement to me which I stated yesterday, and he went into letails as to the mortalit among negroes directly under the comman of General Saxton.
Mr. WILSON. I will state to the Senator;hat General Saxton knowa far more about it.han Governor Aiken. Governor Aiken lost some negroes, and I find it estimated that on one island down there where they thought they had about 2000 negroes there turns out to be 7,000. Then, in regard to this matter of loss, it may be liat the rebel States lost a half million men, including white men and black men both, in the war; we probabl lost 350,000 or not or from that. I do not think either estimate is exceeded by the actual fact.
Mr. DOOLITTLE. The Senator will allow me aword on that int. GovernorAiken stated another fact in relation to one of those islands there, that 5,000 negroes comin down from the country had gone on one O those islands. They were there during a period of 6 or 7 months, and 2800 of those who went on that island were buried there of that 5,000d.
Mr. WILSON. When that statement is investigated, it will be found that Governor Aiken has made a great mistake; at any rate I had a long talk with General Saxton, who has been there for years, who has placed these men on the islands, who has located 8,000 families, about 40,000 of these colored people on 40 acre lots there, and he says there is a great mistake in all these estimates about the mortality of the negroes. I was authorized by General Saxton to assert that these statements made by Governor Aiken are entirely incorrect. There is another objection, Mr. President I do not say it is a fatal one, if we could not get anything else, which would prevent my voting for it. Maryland, Missouri, Tennessee, and Arkansas have shut out certain classes of rebels for a number of years; they are not permitted to vote on account of their articipation in the rebellion. Pass this ameniiment, and what is the effect of it? To let the rebels in those States immediately in to vote. They will be let in at once, and you will prevent these other States from doing anything to keep any portion of the rebels from votin. That will be the o, cration in Maryland. It will be the same in Iiiissouri. Perhaps that would be a good thing, but I have some doubt about it.
Mr. STEWART. I should like to inquire whether the operation of that exclusion in Missouri goes longer than 1870. I believe the operation of it in all those States is until 1870. T on there is to be a new census. This change cannot take place until 1870; and consequently if they do not intend to extend it beyond that time, it would not operate on them. Clearly that argument would not be good as to anything they have already done, nor would it prevent any State from excluding such persons until 1870.
Mr. WILSON. It might not prevent their doing it u to that time; but I think that some of these States, and especially Tennessee, have excluded for a longer time, and I am willing that these States shall deal with their rebels pretty much as they please, and I do not wish to offer a bount for rebels to participate in the government O this conutr.
Mr. LANE, of ansas. Will the Senator allow me to putone question; and I should like to hear him upon it? Kansas, when she grunts suffrage to the colored men, will grant it on the basis of qualification. We have, say, 8,000 black men; and we pass a law authorizing those who can read and write to vote, 4,000 of them, under thatqualification, vote under the amendment the Senator is now advocating; we should get no credit for the 4000 whoexercise the right of suffrage, while under the constitutional amendmentpro posed by the Senfrom Wisconsin we would get ere it for the 4000 who do exer eise the right of suffrage. There is one other question on which I should like to hear the Senfrom Massachusetts. Is it true that the deletion lost by NewYork and Massachusettswou dbegained by the South, unless the South extended the right of suffrage to the black men? and if the South does extend the right of suffrage to the black men, cannot the philanthropists of Massachusetts and NewYork afford that loss for the good of other pso e
Mr. WILSON. I would be willing to make many sacrifices for the purpose of securing suffrage to the black men of the South and of preventing what I regard one of the greatest crimes ever ergotrated in history; that is, if after a war 1i et at through which we have passed we are to settle dow n and exclude an entire race of 4 and a ha f million people from any particiation in the election of public Officers.
Mr. LANE, ofKansas. I sTiould like the senator to answer the case I put.
Mr. WILSON. I answerthe Senator frankly that I think basing representation on legal voters will have a tendency to secure suffrage to colored men.
Mr. LANE, of Kansas. But it is the other question I put which is the most important to me and to mv constituents. If we grant suffrage on an educational basis to 1/2 of our colored people and refuse it to the other half, do we under the language of the amendment to the Constitution reported by the reconstrurrtion committee get credit for that 4000? Are we not refused it?
Mr. WILSON. Of course, under the very terms of it. Is the Senator in favor of suffrage in Kansas on qualifications?
Mr. LANE of Kansas. Yes, air, and our people are. I am instructed by my constituents.to vote for a constitutional amendment predicating representation on suffrage, and I am instructed to vote for extending suffrage in the DistCol on an educational basis. There is where I stand, and where my constituents stand.
Mr. WILSON. I am glad to hear that declaration from the Senator, and especially in regard to the DistCol. Sir, a few words in regard to the proposition of the committee and close. I support it for the reason that it settles the basis of representation and imposes a penalty on States that exclude any class of men on account of race or color. It is in the nature of a penalty. I see no compromise in it, no surrender in it, no defilement of the constitution in it, no implication that can be drawn from it against the rights or interests of the colored race. On the contrary, I believe the black men from the Potomac to the Rio Grande would go for it and rejoice to see it adopted. I venture to say that if on put the question to the black men of Chargeston, South Larolina and there are 100s of them of intelligence, as I know by personal observation, and some of them of marked intelligence put the question to them whether they would rather see that amendment ado ited, which would say to SCarolina, “The pZISISof representation rests on the whole population, just as it is in the constitution now; but if you exclude the black men of SCarolina from the sutira, our representation shall be reduced from 6 ep Representatives to 2, ” how do ou think they Would vote? You would find them to be prac tical men, men who to achieve the impossible will not peril the possible.
Mr. DHION. Frederick Douglass and George T. Downing have remonstrated against it.
Mr. WILSON. I am not speaking of the theories of Mr. Don lass or of Mr. Downing, but simply of what those men who are to be affected by the amendment would say. I tell you that 99 of every 100 of those black men would say “amen” to that proposition with all their hearts.
Mr. LANE, of Kansas. To which proposition
Mr. NESMITH. I move that the Senate proceed to the consideration of executive business.
Mr. FESSENDEN. I wished to take the floor upon this question, but I was waiting for a moment to see if there was any other Senator who desired to address the Senate.
Mr. JOHNSON. Will the honorable member from Maine yield me the floor for a moment?
Mr. NESMITH. It is late in the da, and I presume the Senfrom Maine would prefer to speak tomorrow.
Mr. FESSENDEN. I cannot ask any indulgence of the Senate for myself personally. I am perfectly willing to go on, and )close the debate to night. I am very desirous that this question she I be taken.
Mr. SHERMAN. There will be amend.ments to be acted on before we reach the final vote.
Mr. SHERMAN. Perhaps we had better proceed to act on them now, and let the senator postpone his remarks until the proposition assumes a more definite form.
Mr. FESSENDEN. I am unwilling to let the matter stop here for today, unless we have a definite hour fixed for taking the vote.
Mr. JOHNSON. I was about to propose, with the consent of the Senfrom Maine, that we should come to an understanding to begin to vote tomorrow at 3 oclock, so that the Senfrom Maine may address the Senate tomorrow. It is nearly 4 oclock now.
Mr. STEWART. Why notnamealaterhour tomorrow, so as to giVo the Senfrom Maine a chance to get through?
Mr. FESSENDEN. If there are other senators who propose to speak we had better O on further now. If, however, there is nobo to s ak on the main question but myselflI shal not require all the time between one and 3 ocloc.
Mr. STEWART. There are amendments to be disposed of. I
Mr. JOHNSON. My sugcation was that we begin to vote at 3 ocloc tomorrow.
Mr. FESSENDEN. In fact I do not pro. pose to make any very extended remarks on the subject; but if Senators think it would be more convenient to take the vote tomorrow at 3 oclock, and are willingto indulge me for awhile in the mornin, I shall then occupy a short time. I think shall not take up anything like the time that will elapse between one and 3 oclock. But if it is understood and assented to all around that the vote is to be taken at that time, and that I retain the floor, I shall not object to the post oncment.
Mr. JOHNSON. Imaket e motionto postpone. p
Mr. FESSENDEN. I desire to know 1st whether I understand the Senators on the other side, as well as on this, to ee that the vote is to be taken tomorrow at t rec oclock.
Mr. JOHNSON. That we begin to vote at 3 oclock.
Mr. FESSENDEN. That that is the end of the debate?
Mr. JOHNSON. I think that that is agree able to Senators on this side.
Mr. FESSENDEN. If that is considered an honorable understanding on the part of Senators, I shall not object to postponement.
Mr. JOHNSON. It is “honorable” on this side.
Mr. FESSENDENI resume it is, if on onyx. I referred to both si es.
Mr. CLARK. I am very desirous to leave the city tomorrow, and I hope that we shall be able to get a vote before I go.
Mr. NESMITH. I renew my motion that the Senate proceed to the consideration of executive business. EXECUTIVE SESSION. The motion was agreed to; and after some time spent in executive session the doors were reopened. HOUSE BILL REFERRED. The bill from the HoRep (H.R.No. 334) to fix the number of judges of the SCOTUS, and to change certain judicial circuits, was read twice by its title, and referred to the ComJudiciary. PATENT OFFICE REPORT.
Mr. COWAN, from the ComPatents and the Patent Office. to whom was referred the annual report of the ComrPatents for the year 1865, reported the following resolution; which was, on his motion, referred to the ComPrintg: Rrmlrrd, That there be printed for the useof the Senate 10,000 copiesof the annual report of {185 Commissioner of the Patent Oflioo for t a year THEODOR O. EISWALD.
Mr. ANTHONY. I move to take up Senate bill No. 150. It will create no discussion, and will not occupy 2 minutes. I have been waiting a good while for an opportunity to call it up. he Senfrom Miunesota [Mr. nonros] has the bill in charge, but it is very short, and will explain itself. The motion was agreed to, and the bill (S.No.160) for the relief of Theodor G. Eis wald was read the 2nd time, and considered as in ComWhole. It proposes to authorize the SecyTreasury to issue and pay to Theodor G. Eiswald, of Provi dence, in the State of RhdIsland, 2 U.S. coupon bonds, known as the denomination of 730 bonds, of $1,000 each, with coupons attached, in lieu of 2 7 30 bonds of the U.S., issued under an act of Congress, partially destroyed by fire, the charred remnants thereof being now de posited in the Office of the SecyTreasury, and numbered respectively 104, 152 and 104, 153; but Eiswald is to execute a bond in the enal sum of $5,000, to be approved by the So icitor of the Treasury, indemnifying the U.S. nst any loss, cost, or damage on account of tailissuing of the bonds.
Mr. NORTON. I move to amend the bill by inserting before the proviso, in line 14 the words “dated June 15, 1865, and issued under the act of March 3, 1865.” After the case was examined by the committee and the bill reported the exact description of the bonds was ascertained; and for the sake of eater certaintiy in the description I move to insert these wor s. The amendment was agreed to.
Mr. SHERMAN. I ask the Senfrom Minnesota, as this is an importantquestion, whetherthere is anything on ein the Treasury Deptshowingtheidentit of thesebonds?
Mr. NORTON. There is. he charred remains of the bonds are at the Dept, and sufficient is left to identify the numbers and dates. I have here a letter from the Treasurer giving the dates and numbers of bonds. the bill was reported to the Senate as amended, and the amendment was concurred in.
Skip Skip The bill was orderengross for a 3rd reading; was read the 3rd time, and passed. Mr. TRUMBULL. I move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnuason, March 8, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of yesterday was read and approved. Miss CLARA BARTON.
Mr. SCHENCK. Mr. Speaker, I ask the unanimous consent of the Ifiinse to take from the table Senate JtResolution No. 36, pm viding for expenses incurred in searching for missing soldiers of the Army of the U.S., and for the further prosecution of the same. It appropriates money to Miss Clara Barton, ala y who has been engaged in collecting the names of missing soldiers, to enable her to continue that noble work. It has already passed the Senate, and I hope will pass this House. There was no objection; and the JtResolution was taken up, and read a 1st and 2nd time by itsAitle. The point resolution provides that, whereas Miss Cilara Barton has, during the late war of rebellion, expended from her own resources large sums of mono in endeavoring to discover missing soldiers of the armies of the U.S., and in communicating intelligence to their relatives, the sum of $15,000 be appropriated, out of any money in the Treasury not otherwise afliropriated, to reimburse her for the amount so expended by her, and to aid in the further prosecution of the search for missing soldiers; and the printing necessary in the furtherance of the said object shall hereafter be done by the public printer.
Skip Skip The JtResolution was ordered to be engrossed and read a 3rd time, and engrossed, being it was accordingly read the3rd time, and passed. Mr. SCGENCK mtRtv the bill was passed; upon the table. Agreed to. TENNESSEE.
Mr. BOUTWELL, h" unanimous consent, submitted a statement from aminority of the ComReconstruction in reference to the State of Tennessee; which was laid upon the table, and ordered to be printed. BRIDGE OVER THE MISSISSIPPI RIVER.
Mr. DAVIS. I ask the unanimous consent of the House to introduce a bill declaring a certain bridge over the Mississippi river a postal route of the U.S.
Mr. HARDING, of Illinois. I ask that the bill be read. The bill was read.
Mr. HIGBY, by unanimous consent, introduced an act granting the right of we. to ditch and canal owners in the State of alifornia over the public lands; which was read a 1st and 2nd time, and referred to the ComPubLands. ADDITIONAL CLERK.
Mr. ROLLINS. I ask unanimous consent to report back from the Committee of Ae counts 0.resolution that the Sergeant atArms be allowed to employ an additional clerk in his office during the present session of Congress at a salary of $125 permonth.
Mr. ELIOT, by unanimous consent, submitted the followmg resolution; which was read, conSidered, and agreed to: Resolved, That the SecyWar he directed to communicateall orders issued from time to time by the asstcommissionersof the Bureaii of Freedmenin their districts and of the commissioner of the bureau, and such other papersand information as to the condition of freedmen not heretoforecommuni satedas may be in the possessionof the bureau. STATE INTERCOMMUNICATION.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back House bill No. 11to facilitate commercial, postal, and military communication among the several States, with an amendment, and demanded the previous question.
The Clerk read the bill. It provides that every railroad operated by steam shall be au. thorized to carry passengers, troops, Government supplies, mails, and freight, on their way from any State to another State, and to receive compensation therefor. The amendment reported is as follows: Provided, That this act shall not affect ansv stipulation between the government of the U.S and any railroad companyfor transportationor fares Without compensation, nor impair or change the conditions imposedby the termspfany aet granting lands to ndnysuch companyto aid in the constructionof its roa.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment was agreed to. The bill was then engrossed for a 3rd read ing; and being engrossed, it was read the 3rd time. Mr. ELDRIDGE. I demand the yeas and says on its passage.
Mr. HARDING, of Illinois. I desire to say that by the provisions of this bill unlimited permission seems to be given to the railroad companies to charge whatever rate they please for all future time. They acquire a national character and national authority, and are not subject to any limitation or control by law. Now, I object to this provision, although I am anxious to vote for the bill. I wish the power to be reserved by which Congress may limit or abridge that authority if it should be exercised to the extent of extortion upon the public.
Mr. WILSON, of Iowa. This bill was referred to the ComJudiciary for the purpose of having an amendment prepared to prevent it from operating so as to release the land grant railroads from the conditions imposed upon them to transport troops and property of the Government free of toll or charge. The committee have not deemed it necessary or proper, under the circuinstnpecs, to go into an examination of the general principles involved in the bill. The judgment of I the House was had on that before the reference to the committee. This is the bill, it will be recollected, which passed the House and went to the Senate, and upon a suggestion of the Gentfrom Massachussets [Mr. BALDWIN] was recalled from the Senate in order that an amendment, such as has now been reported and adopted by the House, might be prepared by the committee. We therefore considered but that one question, taking for granted that the judgment of the House was made up in reand to the general principles involved in the ill and I do not think that the bill will have the effect suggested by the Gentfrom Illinois, [Mr. HARDING]
Mr. SLOAN. Will the Gentfrom Iowa [Mr. Wilson] allow me to ask whether it is certain that the bill will not reieal the provision of the lawjii the State of NewYork, which limits the amount of charges for passengers upon railroads at 2 cents permile? My own State is about taking action for the purpose of limiting charges for passengers and reight, and I think it is important that that question should be considered.
Mr. WILSON, of Iowa. I do not think it possible that that construction can be given to the bill. They may charge and receive such compensation, of course, as may beregulated by law, ifthe States do regulate that compensation.
Mr. SLOAN. Has the chairman of the committee any objection to amending the bill so as to place that beyond doubt?
Mr. WILSON, of Iowa. I do not know but the bill has passed the amendment stage. I certainly have no objection to such an amendment.
The SPEAKER. The gentleman may attain his object by moving to reconsider, or by obtaining unanimous consent to allow the amendment to be made.
Mr. WILSON, of Iowa. I will ask unanimous consent to allow the gentleman to offer his amendment.
Mr. CONKLING. I would like to make a request of the Gentfrom Iowa. Is there any objection to allowing this bill to be printed with the amendment as it stands I
Mr. ROGERS. I hope the House will take that course.
Mr. WILSON, of Iowa. I have no objection to its going over until the next morning hour if it will not lose its place, and in the mean time let it be printed. The SBEAKER. The next morning hour when it will come up again will be next Tues day, unless it is interrupted by some other question.
Mr. MORRILL. I object to any special order. 11Mr. ELDRIDGE. Will it come up again then ? I
The SPEAKER. The Chair cannot state whether there will be any morning hour on Tuesday next. The motion to postpone until Tuesday next in the morning hour, and also that the bill be printed with the amendment, was adopted.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, 1)
Mr. MCDon ALD, its Chief Clerk, informed the House that the Senate had passed bills of the following titles, in which he was directed to ask the concurrence of the House: An act (S.No.64) to incorporate the Great Falls Ice Company of Washington, DistCol; An act (8. No. 114) for the relief of A. T. Spencer and Gordon S. Hubbard; An act (S.No.125 granting aid in the construction of a rsilroa and telegraph line from the town of Folsom to the town of Placcrville, in the State of California; and An act (S.No.180) for the relief of A. J. Gray. SUPREME COURT or THE U.S.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back, with the recommendation that it do pass, bill of the House No. 334, to fix the number of judges of the SCOTUS, and to change certain judicial circuits. The bill was read. The 1st section provides that hereafter the SCOTUS shall consist of one chief justice and 8 associate justices. The 2nd section provides that the 1st, 2nd, and 3rd circuits shall remain as now constituted; that the districts ofiMarylnnd, Delaware, Virginia, NCarolina, and SCarolina shall constitute the 4th circuit; that the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas shall constitute the 5th circuit; that the districts of WestVirginia, Ohio, and Michigan shall constitute the 6th circuit; the districts of Indiana, Illinois, Kentucky, and Tennessee shall constitute the 7th circuit; the districts of Wisconsin, Minnesota, Iowa, Missouri, Kau sas, and Arkansas shall constitute the 8th circuit; and the districts of California, Oregon, and Nevada shall constitute the 9th circuit.
Skip Skip The previous question was 2nded, and the mainquestion ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. WILSON, of Iowa, mtRtv the bill was passed; upon the table. Agreed to. COLLECTION OF SOLDIERS, CLAIMS.
Mr. WILSON, of Iowa, from the ComJudiciary, reported back, with the recommendation that it do pass, bill of the Senate No. 88, to restrict the expenses of collecting soldiers claims against the Government. The bill irovides that the fees of agents and attorneys or making out and causing to be executed the necessary papers, and for establishing and collecting any claim against the U.S. for bounty, arrears of pay, and allowances, or gratuities for military services, whether due to the person performing such services, his heirs, assigns, or legal representatives, shall in no case exceed ten dollars, unless the accounting officer allowing such claim shall certify a further sum to be just and proper. Any agent or attorney who shall directly or indirectly, without a certificate from the accounting offiecr, demand or receive any greater compensation for his services in the collection of any claim for bounty, arrears of pay, or other allowances, or who shall contract, agree to prosecute, or collect any such claim on the condition that he shall receive a%. upon an portion of it, or who shall wrongfully with hed the payment of the proceeds to the claimant, is to be deemed guilty of a misdemeanor, and upon conviction to be fined not exceeding $300 or imprisoned at hard labor not exceeding 2 years, or both, accordin to the circumstances and aggravations of teofIensc.
Mr. FARNSWORTH. Mr. Speaker, I did not notice anything in this bill, as it was read, in reference to requiring bounty and pay agents to give propersecurity before they are allowed to collect the pay and bounties to which the soldiers may be entitled. I think this bill should include something of that kind. I knowwgreat many soldiers and officers who have been most miserably defrauded by these infernal rascals who have set up agencies in Washington for the collection of pay and bounty to soldiers. These agents have collected the money and run off with it. I wish the ComJudiciary ary would report some provision requiring these agents to give bond in large security, payable in some manner to some officer for the benefit of the soldiers and others for whom they act as agents. It is but a few days since a case of this kind was brought to my knowledge. A couple of agents had established an office in the city of Washington, and had collected alar e amount of money for soldiers and officers an then run oil to Canada, beyond the reach of the Parties whom they had defrauded, and I have learned from the pay Dept that this is acommon occurrence here, and that these were only 2 scamps out of a large number who have done the same thing, and I think something ought to be done by us to at a stop to it.
Mr. WILSON, O Iowa. I have no doubt that is a very propersubject to be considered by the ComJudiciary, and if the gentleman will refer it to us we will consider it. But I do not see that it is necessary to delay the passage of this bill in order to consider the subject at this time. I therefore de mand the previous question on the passage of this bill.
Mr. SHELLABARGER. Will the Gentfrom Iowa [Mr. lVILSON] withdraw that call for a moment?
Mr. SHELLABARGER. As there is a very large amount of this particular business done in my district, I have had quite a number of letters on that subject; and I would state that the trouble and the point of inquiry seems to be this; and I desire to bring it to the at tention of the chairman of the ComJudiciary, [Mr. Wilson, of Iowa] It is said, and I have no doubt that it is the fact, that there is a lar O number of cases which cannot be attende to at all for ten dollars each. The bill as reported, and which is now before the House, I perceive contemplates that fact and provides for it. Now, the purpose of my rising is to inquire whether the Officer to whom by this bill is referred the matter of allowin increased compensation to those agents will have the means of ascertaining and fixing the amount which ought to be allowed and in that connection I want to say that the scope and language of this bill I think are in general exceedingly proper and I think that ine st persons of intelligence are able to look after their interests with sutii cieut care so as to prevent these agents from ettinfi any undue advantage over them and thin our soldiers comprise as much intelli gence, as a general thin, as any other class of our people. Yet there is a class of claims in which to soldiers are very much dependent upon the fidelity of these agents; and that fidelity has been found to be wanting in a very large number of cases. Hence, the necessity for this bill, and the one on a similar subject which preceded it. Now, I desire to ask the chair man of the ComJudiciary if that portion of this bill is deemed to be of any prac tical value; whether these accounting officers, (I believe they are the officers to whom this matter offixing the increased compensation is referred) will have the means ofte ling when a fee larger than ten dollars should be allowed“?
Mr. WILSON, ofIowa. My answer to the Gentfrom Ohio [Mr. SHELLABARGER] is that the accounting officer, at least the one before whom most of these claims will go, stated, as I am informed, to the member of the Senate who originally introduced this bill to that body, that there would be no ditheulty in adjusting the compensation allowed to agents for these claims where more than ten dollars were to be allowed and in addition to that I may state that every member of this House has had more or less to do with claims of this character, and I am satisfied, from my exierience in relation to them, that a fee of ten dollars is more than va reasonable compensation in a very large number of cases, and that the charge of that fee will be ample compensation in most cases where there may be more than the ordinary amount of labor and in addition to that I am informed, as I have already stated, that the accounting officer stated that there would be no difficulty in adjusting that matter upon the presentation of the properroof.
Mr. SPALing. I desire to ask the chair man of the ComJudiciary whether this bill, in any part, provides that a claim may be adjusted so as to entitle the person performing the ervice required in any case to more than ten dollars?
Mr. WILSON, oflowa. The Gentfrom Illinois [Mr. Wxsrwoxrn] is mistaken if he supposes that this bill fixes a fee of ten dollars to which every claim agent will be entitled in each case in which he may be engaged. The bill merely fixes a limitation upon the charges; and within that limit the soldiers of the country may drive any bargain which they may be able to make with these claim agents. The dif ficulty in the past has been that these agents have in the great majority of cases charged more than this bill proposes to allow them to charge. The bill is intended to protect the soldiers a inst the exorbitant charges of claim agents. know that a great many of these agents have made exorbitant charges, yet I am not prepared to join with the Gentfrom Illinois in a universal denunciation of claim agents. Some of them, I know, are honorable men, who attend to their duties faith fully, charging reasonable fees. Others charge exorbitant rates; and for the purpose of protecting the soldiers against these, this bill has been reported. The Gentfrom Illinois speaks of members of Congress taking charge of the collection of these claims. I fear that if all the soldiers of his district should send their claims to him he would have very little time to devote to the reciprocity legislation which has come from his committee.
Mr. WENTWORTH. I attended to such claims for my constituents all through the Mexi can war, and I expect to give equal attention to claims of my constituents arising out of this war. Iam a atuitous cut for every man living in my district for a1his Washington business.
Mr. WILSON, of Iowa. Well, Mr. Speaker, the district which the gentleman now represents probably sent into the Army during the rebellion nearly as many soldiers as the U.S. sent to Mexico during the Mexican war. The collection of soldiers claims is a business of much vaster extent than it was at the time of the Mexican war. I have had a good deal of experience in attending to these claims for soldiers in my own district. I have always done it cheerfully and without exacting any compensation; and I have no doubt other members of Congress have done the same. But. sir, I cannot undertake to attend to my duties as a member of Congress and at the same time attend to all the claims that may be sent to me here for adjustment.
Mr. WENTWORTH. Allow me to say that it requires no particular attention on the part of members of Congress; the claims come to them, they make memoranda, and send them to the Depts. All the rest is humbng.
Mr. WILSON, of Iowa. I am afraid it great many of the claims intrusted to the care of my ricnd from Illinois remain unadjusted if he 5s them no more attention than to send them of the Dept in a note.
Mr. WLNTWORTH. That is the way to get m carly report. If they are good, they ought o be allowed; if they are dishonest, they ought o be reected.
Mr. WILSON, of Iowa. That is only the lircsbold of the labor. I demand the previous luestion. The previous nestion was 2nded.
Mr. CHENC. My object, I will state, is O have this business done and paid for by the U.S. as it is by the States.
Mr. WILSON, of Iowa. I will hear the Genlcmans proposition.
Mr. SpHLNCK. I propose to recommit, vith instructions to report abill to provide for i. system of agents, to be paid by the U.S., by whom the claims of soldiers for back my and bounties due from the Government nay be collected free of cost to the soldier.
Mr. WILSON, of Iowa. I do not yield to bat proposition.
Mr. SHELLABARGER., I wish to make he statement that the State of Ohio has coninued her agenc; and she has here an agent of great fidelity BHCTCIOVOlZltOoIlthe interests of the soldiers, Mr. James C. Wetmore, who, within i few weeks, has assured me that he will with ileasure attend to all the claims of Ohio soldiers which may be sent to him. He is doing t now free of charge. I address the soldiers )f my State in this way in reference to this State I. ent. gI am asked to make the same statement in cference to the Indiana State agent.
Mr. WILSON, of Iowa. I desire to say, in iddition to what has been said by the Gentfrom Ohio, that Iowa has an agent here who ittends to all the claims of Iowa soldiers sent, O him, and free of charge to the soldiers. Now the proposition of the Gentfrom )hio Sennx ex] will not cure the present:vil. otwithstanding agents are provided by he several States, still soldiers in those States lo employ agents. Even if you adoptthe rop isition of the gentleman, for which fwille eer ull vote, on still need this bill to protect the IOI iers who do not send their claims to the itate agents. I will cheerfully vote to establish igents ere who shall attend to all claims sent vothem by soldiers free of charge; but I would also protect the soldiers who do not send their:laims to such agents. I hope the proposed amendment will not be. idopted. I hope it will be reserved and subnitted in a so arnte bill.
Mr. ELDR DGE. I desire to ask whether here is not a law now upon our statute book imiting the amount a claim agent shall charge 11 reference to soldiers claims.
Mr. WILSON, of Iowa. It has reference pnly to pensions.
Mr. EILDRIDGE. Is not this increasing the imount a claim agent may exact for services?
Mr. WILSON, of Iowa. No, sir; the gen;leman has been misled by the act in relation a pension claims. 1st, the charge for those was 5 dollars; but that was amended so as:0 allow afee not exceeding ten dollars. That only applies to claims for pensions. By the terms of the act it applies only to those cases pending before the ComrPension; but there is no law for fees in reference to claims other than for pensions.
Mr. WILSON, of Iowa. I hope the House will now pass this bill and secure at least some safeguardpagainst the extortion which has been imused 11 on the soldiers of this country.
Mr. WILSON, of Iowa. Does the gentleman desire to say that Wisconsin ought to have an agent?
Mr. SCHENCK. I move to reconsider the vote by which the previous question was 2nded and I desire to modify the instructions as follows: Recommit with instructions to amend the bill by providing for a system, under properrestrictory clauses, of claim agents in the several States to be paid by the U.S., by whom the claim of back pay and bounties due from the Government may be collected free of cost to the soldier.
Mr. WILSON, of Iowa. I have already said that I am in favor of the establishment of these agencies, but the result of the recommitment of this bill will be to carry it over to the call of the committee again, and I do notknow whether that will occur during the session. If the House desires to gain so much benefit to be derived by the soldiers as this bill provides, better pass this now and take up that as an independent proposition.
Skip Skip The question being upon Mr. Sounx exs motion to reconsider, it was put; and there were ae538 noes 39 no quorum voting.Mr. s HENCH. 1 call for the yeas&nays. The SPEAKER, The yeas&nays cannot be ordered on a vote reconsidering the 2nding of the previous question, as the years&nays could not be ordered on the 2nd. Mr. SCHENCK. Then I call for tellers. Tellers were ordered; and Messrs. WILSON of Iowa, and Sensu ex, were appointed. The House divided; and the tellers reported ayes 54, noes 48. So the vote by which the previous question was 2nded was reconsidered. The question recurred on 2nding the demand for the previous question; and being put, the House refused to 2nd the previous question. Mr. SCHENCK. I now move to recommit the bill, with the instructions I have indicated.
Mr. TAYLOR. I ask the gentleman to insert the 20rd "pensions" after the word “bounties.
Mr. J. L. THOMAS. fwould ask the Gentfrom Ohio, who is to appoint these agents?
Mr. SCHENCK. That will depend upon the provisions of the bill when it is rought back mm the committee. This is a general instruction to the committee to report a bill, and the bill will provide for the appointment of these agents, and if the House oes not like the provision they can change it.
Mr. TAYLOR. I would like the gentleman to move that the ComJudiciary have leave to report back this bill at anytime.
The SPEAKIER. That would require unan imous consent.
Mr/ PAVILSON, of Iowa. f objection is made to giving the committee leave to reiort at any time, it does seem to me that the House had better not recommit this bill, because without that leave the bill may hang in the committee until the end of this session, and the soldiers in I the mein time will derive no benefit whatever from this attempt to protect them. I trust, therefore, that the House Will not recommit the bill, but will pass it, and then embody the proposition of the Gentfrom Ohio [Mr. Sam mos] in an independent hill. At all events letus give the soldiers the benefit of the provisions of this bill.
Mr. SCHENCK. I must insist on my motion to recommit. I know that in all business relating to public affairs. when we fix a limit to compensation or to salary, in every case the charge goes up to that limit; and to pass this bill would be equivalent to passing a bill allowing ten dollars to claim agents in every case; at least I feel very sure that it would operate in that we. I will, still further modify the instructions which I have moved so as to instruct the committee to amend the bill by introducing a svs tem of agencies in the several States. The committee can then preserve the features of this bill if they think proper to do so,so that the soldier sha l have his option to employ either the agent of the U.S or then ent that he himself may select. But I do wish to advertise all the soldiers of all the U.S. that the Government of the U.S. will treat themjlist as some of the States have treated the soldiers within their particular limits, and will look to the collection of their claimsagainst the Government without cost to them, and without any deduction for the expense of collection.
Mr. WILSON, of Iowa. The same difficulty will occur in relation to the modified instructions that attach to the original instructions; that of getting an oppprtunity to report the bill back again.
Mr. SCHENCK. I have great faith in the diligence, industry, and capacity of that committee, and I have no doubt that with a little extra application they can produce avbill thus amended, by the time the committee is again called.
Mr. WILSON, of Iowa. There will be no meeting of the committee before that time.
Mr. SCHENCK. A meeting of the committee can be called for that purpose.
Skip Skip Mr. WILSON, of Iowa. I now call the previous question. Mr ELDRIDGE. Will the Gentfrom Io wa [Mr. wlLSON] yield to me for a moment? Mr. WILSON, of lowa. lfI yield, the morning hour will expire. The SPEAKER. The morning hour will expire in about a minute. The previous question was 2nded, and the main question ordered; which was upon the motion of Mr. Scunses to recommit the bill with instructions. The House divided; and there were ayes 44 noes 62. before the result of the vote was announced, Mr. SCHENCK called for the yeas&nays. The question was upon ordering the yeas&nays, and was taken; but before the result was announced, Mr. SCHENCK called for tellers on ordering the yeas&nays. Mr. ELDRIDGE. Has not the morninghour expired? The SPEAKER. It has; but before it expired the House 2nded the call for the previous question, and ordered the main question to be now put and the House is now engaged in executing that order. Tellers were ordered upon the call for the yeas&nays; and Messrs. Sensor and Coos were uppointed. The House a in divided; and the tellers reported a es t irttwo. hat number being more than one 5th of the number present, the yeas&nays were accordingly ordered. he question was then taken; and it was de cided in the affirmative yous 70, nays 68, not voting 45; So the motion to refer the bill with instructions was agreed to. Mr. SCHENCK mtRtv the bill was referred; upon the table. Agreed to. POST ROUTE.
Mr. DEFREES, by unanimous consent, introduced a bill toestablish a at route; which was read a 1st and 2nd time, and referred to the comPostOffice.
Skip Skip LEAVE OF ABSENCE. Mr. LEBLOND. I ask leave of absence for my colleague, Mr. Fixes, for 2 weeks. Leave was accordingly granted. WILLIAM A. WEST.
Mr. STROUSE. I ask leave to report from the ComTerritor aJtResolution (H.R.No. 79) authorizing the SecyInterior to settle the accounts of William A.West, as marshal of the Territo of nevada. The JtResolution was read. t authorizes the SecyInterior to settle the accounts of William A. West. as late marshal of the Territory of Nevada, on the basis of allowing and crediting him the expenditures which are certified to be correct, by the chief justice or either one of the associate judges of that Territory at the time such expenditures are stated to have been made, and to a him the amount found to be due, provide that it shall not exceed the sum of $4, 400.
Mr. HUBBARD, of Iowa. I object. RIG “TB 0? CITIZENS. The House, agreeably to order, resumed the consideration ot the bill (S.No.61) entitled An act to protect all persons in the U.S. in their civil rights and furnish the means of their vindication;" on which Mr. BROOMALL was entitled to the floor.
Mr. WRIGHT. I rise to a question of order. I believe thaUhe subject under discussion is, “ An act to protect allpersons in the U.S. in their civil rights, and furnish the means of their vindication." I have looked over the bill carefully and have failed to find in it one word about either the Democratic party or the Republican (party “ copperheads" or “ niggerheads” an the gentleman is talking wide of the mark if he means to apply his epithets to the constituency I have the honor to represent.
The SPEAKER. The last part of the remarks of the Gentfrom NewJersey Mr wRIGHT] are certainly not in order. The P1"? overrules the point O order. The Chair}h1"k5 that the gentleman fining himself to the bill, which is very wide in I its range, proposing to protect all persons in the U.S. in their civil rights and furnishing the means of their vindication. The Chair thinks the gentleman is not indulging any undue latitude of discussion.
Mr. DAVIS. During the course of the Gentlemans remarks, I desired to put to him a question which has been partly answered by his closing observations. I desired to ask him whether he regards a loyal man of this country, who was never false to his flag, who perhaps suffered by reason of his loyalty under the proscription of State laws, as an "enemy” to the Government, whose property is liable to seizure and confiscation.
Mr. BROOM/ILL. ldo not; yet the property of that class of men has been seize t and l confiscated in State courts in the territory ii. i whose behalf I should be sorry to believe the gentleman speaks; and these people have been denied remedy in those courts.
Mr. DAVIS. Sir, I have never spoken in that behalf. If the gentleman so understood me. I certainly have used language the meaning of which I did not understand myself. I have maintained, on the contrary, that it is the solemn obligation of this Government to protect the property and the person of every loyal man. I have to en my.position upon this floor on the principle that under no circumstances could this Government be false to the man who was true to the Government in the South.
Mr. BHOOMALL. What I have been complaining of is that the citizens of the U.S., whether of the North or the South, loyal men who never took part in treason, have had their property confiscated by the State courts, and are denied remedy in the courts of the reconstructed South; while on the other, hand the property of traitors, acknowledged traitors, conemned and confiscated by the Government of the U.S., has been restored to them and they have been reinstated. as our opponents would argue, in all their old rights by executive pardon.
Mr. DAVIS. So far as Iain concerned, I have taken the position upon this floor and I take it again, that it is the solemn duty of this Government to protect every loyal citizen in the southern States; that no citizen has ever, by the secession ofhis State, been deprived of the right to demand from this Governmentprotection in his person and his property; and I will go as far as the gentleman himself or any other gentleman on this floor, in asserting the power of this Government to protect that citizen.
Mr. BltUOMALL. I propose to ask the gentleman how he intends to do this how he intends to secure the rights of these people; whether he intends to vote for this bill or any similar measure, or whether he intends to leave these people at the mercy of the State courts in whosoever hands those courts may be organized.
Mr. DAVIS. Mr. Speaker, I will support and advocate any bill which does not trench u too the constitutional rights of the States. which is not an invasion of legitimate State authority, which is not a usurpation by the General Government of powers which were never delegated to it. That is the only possibleobjection that I have to this bill.
Mr. BHOOMALL. Can the gentleman preare a bill that will answer his purpose?
Mr. DAVIS. Yes, sir, I can proare a bill which shall be in consonance with this Constitution of the U.S and will not be in derogation of the rights of the States reserved under the Constitution; and such a bill this is not.
Mr. BROOMALL. I have only to say that if the gentleman is able to prepare a bill that will have the effect this bill is intended to have, and will not, in his judgment, be in conflict with the Constitution of the U.S., he has not, it seems to me, performed his full duty as a Representative in not having here such a bill to offer as a substitute for this, because all we want is properprotection for the rights of citizens of the U.S. within the several States.
Mr. lHAYEit. I ask my colleague to yield to me.
Mr. THA YER. I desire to ask the Gentfrom NewYork whether. in his judgiiicnt, it is an invasion of the reserved rights of the States to enact a law which will compel obedience on the part of everybody to a law constitutional in itself and the object of which is the protection of all classes of citizens of the U.S. “I
Mr. DAVIS. Mr. Speaker. my distinguished and personal friendfrom Pennsylvania begs the who 0question when he speaks of it as a constitutiona law. Ihatis the difficulty. My apprehension is that in this act. which I am anxious to support. there is a provision which is in conflict with the principles of the Constitution.
Mr. BHOOLIALL. Will the gentlemanf.; it out I g c
Mr. DAVIS. I will. I refer to the s (1 section of the bill: That any person who. under color of any lawJtitt utc, ordinance, regulation or custom. snitll subject or causeto besubjectedany inhabitant of y State or Territory to the deprivation of any righ secured or protectedb this act or to different punishment. pains or pens ties on account of such person having at any time beenhcldin a conditionof slavery or involuntary servitude.excepts so punishment threrime whcicof the party shall have beenduly convicted or by reason O his color or race than is prescribedfor the punishment of white persoiis.sliull be deemed guilty of ii. misdemeanor and on conviction shall bo punished by fine not exceeding81.000o.r imprisonment not exceeding one year or both. in the discretion of the court. Now, ir, I undertake to say that this bill may conflict with the rights of the States under their constitutions. Restrictions may exist in regard to the right of certain persons of a certain race holding title to real estate. Those questions may arise in the State courts, and come to the cognizance of officers appointed by the States who are required to execute the process and administer the laws of those States. I believe, sir, 5 undertake, before the constitutionality of the law shall be decided, to say that an officer of a State who obeys the process of State courts to which he is responsible, shall be liable to impeachment, arrest, and imprisonment by authority of the law of the Federal Geiernment, we are infringing upon the rights of the States, and violating constitutional provisions. We shall then be assuming that the Federal Government has power over the States which perhaps the courts of the Federal government may say have never been delegated by the States;
Mr. BltOOlIALL. In answer to that I have to say, I have always lived under the impression that the Constitution of the U.S and the laws made in pursuance thereof were the supreme law of the hind. anything contained in the constitution of a State to the contrary notwithstanding. If the gentleman believes a State constitution and laws are above those of the General Government, then I wonder he ever came to the conclusion that it was perfectly constitutional to coerce States, and I believe he did come to that conclusion.
Mr. DAVIS. I never believed any other doctrine. I was born under the sovereignty of the American flag. I was born on the old Green mountains of Vermont. I drank in the air of freedom with my infancy; and I breathe it, thank God, yet. The flag of my country has been my protection wherever I have been. I have stood by it in the dark hours of the rebellion as I stand by it now. Come what will, obloquy, imprisonment, or torture. though my limbsmay be drawa one from another, muscle from muscle or bone from socket. I never will in thislaud of my birth recogiiizeanyother national sovereignty than that symbolized by the stars and stripes of the Republic. I I tell gentlemen this Government is one of delegated powers, and that every law enacted is circumscribed by the limitation of the constitution. The States have reserved all 50W!" eiguty and power which hasnotbasnexp or impliedly granted to the Federal Government. The solequestion I ask my friend is, whether a judicial Officer of a State who performs his duties in obedience to the laws of that State is to be arrested and imprisoned by process under this bill before a court of federal jurisdiction shall have renounced upon the constitutionality of this federal law which prohibits him from performing his duty as a State officer?
The SPEAKER. The hour of the Gentfrom Pennsylvania has exired.
Mr. BINGHAM. I offert e following amendment to the motion to recommit.
The Clerk read the amendment, as follows: Amend the motion to recommit by adding the words "with instructions to strike out of the 1st section o the bill the following, to wit: and there shall be no discrimination in civil rights or immunities among citizens of the U.S. in anyState or Territory of the U.S. on account of race color or previous condition of slavery. Also tostrikeoutall parts /pfsmlpdrobeiellewdhinicghs are penal and which authorisecrim and in llQllihelPOilO give to all cit ns of the U.S. imured by denial or violation of anyof the other rights secured or protectedb raid act, an action in the U.S.courts, with double costs in all cases of emergency, without regard to the amount of damages."
Mr. wOODBltIDGE. The editor of the Norfolk paperis a Vermonter and a thoroughly loyal man and injustice to him I say that the article referred to is not an expression of his sentiments. It was inserted by liiin, doubtless, as rather a burlesque than otherwise, though I do not doubt that the article is a faithful Representation of the sentiments of a very large portion of the South, and hence the necessity of such a bill as has been reported from the ComJudiciary.
Mr. SCHBNCK. I have always thought the point of that burlesque was in the close resem lance to the actual utterances and opinions entertained in the South, proved by the evidence laid before the House by the ComReconstruction.
Mr. RAYMOND. That is the point I was coming to. The gentleman may have had an opportunity to peruse that testimony; l have not; and before I make up my mind about the condition of the southern States I should like to have an opportunity to read it. BeforeI make up my mind to vote for this bill to authorize the FederalGovernment to punish a State judge for obeying the State laws 1 should like to read that testimony. I suggest whether it would not be worth while to wait until it has been vinted, so that we may see on what groun we have to act. I will not proceed further. as I have promised to yield to 2 gentlemen from Ohio who wish to speak upon this subject {Mr. DELANO and Mr. BINGHAM] the residue of the hourto which I am entitled.
Mr. DELANO. I have no doubt. of the sin cerity of the gentleman, and when I say to him that I have great confidence in his legal opinions, he may know my sincerity, and know also that I do not offer it as a compliment. But, with all this, I must confess that it does seem to me that this bill necessarily confers the right of being jurors, if its provisions are carried out. Let us look again at the provisions of the bill. “To full and equal benefit of all laws and proceedings for the security of person and property, as is enjoyed by the white citizens” ow, I ask how “full and equal benefit" of all these laws “ as is enjoyed by white citizens, ” can be conferred when on say that this class or race shall not sit in the jury box? But I cannot pursue this thought, for I have no time to analyze or illustrate it. It. strikes me as apparent, however, that this bill may be fairly inte reted so as to confer upon this race the right O being jurors.
Mr. WILSON, of Iowa. The words to which the gentleman has directed attention were notin the original bill, but were placed there by an amendment offered by myself and the reason for offering it was this: it was thought by some persons that unless thosequalifyin wo s were Incorporated in the bill, those rights might be extended to all citizens, whethermale or female, majors or mine rs. So that the words are intended to operate as a limitation and not as an extension; and I think the very reason which was urged by those who desired the amendment to be incorporated in the bill, is an answer to the objection which the gentleman makes.
Mr. WILSON, of Iowa. Isupposed the gentleman did not want to be interrupted.
Mr. DELANO. I am making inquiries for information. I want more
Mr. WILSON, of Iowa. lighpt.lace the power of Congress to secure to these citizens the right to testify in the courts upon the same basis exactly that I place the power of congress to provide protection for the fundamenta rights of the citizen commonly called civil rights, so that if the presence of a citizen in the witness box of a court is necessary to protect his personal liberty, his personal security, his right to prepert, he shall not be deprived of that protection y a State law declaring that his mouth shall be scaled and that he shall not be a witness in that court. That is one of the protective remedies which must run with these great civil rights belonging to every citizen and I will so to the gentleman that when I come to close the discussion on this bill I shall enlarge somewhat on this point if the temper of the House at the time shall disclose a disposition to hear further discussion.
Mr. DELANO. I do not feel myself an swered. The gentleman has offered me some very general remarks. I will not say “ glittering generalities, ” because I do not wish to be oflensive, but I want him to name the clause of the Constitution in which he finds the power.
Mr. WILSON, of Iowa. If the gentleman had read my remarks at the opening of this debate he would have seen very distinctly the provision of the Constitution upon which I base this bill so far as it relates to rsons who are liable to be reduced to a condition of slavery, and that is the amendment to the Constitution abolishing slavery and conferring an express delegation of power upon congress. But I placed it upon a broader ground, and it was this: that these people, being entitled to certain rights as citizens of the U.S., were entitled to protection in those rights, and that the power thus to protect them is necessarily implied from the entire body of the constitution, which was made for the protection of these rights, and upon the duty of the Government to enforce and protect all those rights. I based the power of Congress to select the means in accordance with the doctrines laid down in the case of McCulloch, vs. The State of Maryland.
Mr. DELANO. The duties of this Government rest upon the powers of the Government. The duties of this congress rest upon its constitutional powers, and those powers are to be derived from the Constitution if found at all.
Mr. WILSON, of Iowa. Will the gentleman allow me to ask him a question that may enableus both to get some ight in relation to this subject?
Mr. WILSON, of Iowa. I desire to ask this question: does the Gentfrom Ohio [Mr. Sumo] believe that persons as citizens of the U.S. are entitled to any rights? If they are entitled to any rights, are the great fundamental civil rights of life, liberty, and property involved among them? and if they are entitled, as citizens of the U.S., to those rights, are the entitled to protection of those 11 hts from the hands oft e Govenment? An should a State enact laws and attempt to enforce them which will deprive the citizens of the U.S. of those rights, may we not intervene to protect them in spite of those laws of the State?.
Mr. DELANO. I believe that the citizens of the States are entitled to many rights. I believe that those rights are to he guarantied and sustained and enforced by the laws of the States under the constitutions of the States, and by the Congress of the U.S. when there is power given by the Constitution of the U.S. to enforce those rights. But I do not believe that the rights of the States are utterly overwhelmed and dethroned. I know that for years we have been swinging the pendulum of public Opinion toward the doctrine of State rights until it threatened the subversion of the hederal Government and I stand here in my place today to as that one of the most serious apprehensions have, in the extreme of public opinion fluctuatin from one point to another, is that we may fa l into an error about as great and dangerous as that which has caused us these long years of bloody war.
Mr. WILSON, of Iowa. If the gentleman will pardon me again, I will say that I do not think I have received an answer to my question.
Mr. DELANO. Wait till Iget through with my reply. I did not think the gentleman an swere my question, but Iallowed him to go on until he had said all he desired to, say. I suppose there are certain rights of citizenship that are exclusively within the control of the States, under the constitutions of the States and by wa of refreshing our memories in ref erence to the opinions of the fathers, Iwill call the attention of gentlemen to what Mr. Hamil ton once said upon this subject. He once discussed this subject, and alluded to it in a way worthy of our attention today. He was answering an objection made before the public that the clause of the Constitution giving congress the power to make all laws rendered necessary by the specific grants of power might be abuse. He went on to show that that clause did not enlarge the powers of Congress, that it did not confer upon Congress anything that had no“t been specifically given. He says: If there be anything oxecptionsblo it must be soughtfor in the specific powers upon which the genera declaration is predicated." Thereby saying, what I say here today, that the powers of Congress are specific powers, and that beyond those specific powers Congress cannot go without violating the Constitution. Following up that idea, he illustrates it, as follows: "The propriety of a law in a constitutional light must be determined by the nature of GHlODOWOI uponwhic itisfounded. Suppose bsomclorced construction of its power.which indce cannot easily be imagined the Federal Governments hould attempt to vary the law of descent in a State.would it not be evident that in making such an attempt it had exceeded its jurisdiction?" lbderalut, No.32.
The SPEAKER protempore, (Mr. PAITEI BOX.) The time, 20 minutes, which the u Gentfrom NewYork [Mr. RAvMoxn] yie dad to the Gentfrom Ohio [Mr. Dsuso] has now expired.
Mr. DAVIS. I hope the time of the gentleman will be extended.
Mr. BINGHAM. I do not desire to interrupt my colleague, [Mr. DELANO.] But I desire to be heard in advocacy of the amendment to this bill which I have offered.
Mr. RAYMOND. I am quite willing to yield the remainder of my hour to the 2 gentlemeu from Ohio, [Mr. Davis and Mr. uorum] and they can arrange its division between themselves.
Mr. DAVIS. I move that the time of my colleague [Mr. RAYMOND] be extended for half an hour, and he can then yield portions of it to the other gentlemen. Objection was made.
Mr. BINGHAM. I will yield to my colleague, Mr. DELANO] and trust to the indulgence of the House for an opportunity to be heard upon this subject.
Mr. NIBLACK. The gentleman will allow me to sayvthat that law is only partially re pealed. e had a constitution prohibitin all negroes from coming into the State since Ilo vember 1, 18 51. An act of the last session of the Legislature allows all negroes who were in the State before this constitutional provision Went into operation to testify in all cases; but negroes who have come into the State since, in violation of ourconstitution, are still prohibited from testifying against white people. They can onlytestify in ourcourts in caseswhere negroes or mulattoes are the parties.
Mr. DELANO. Then. as a matter of course, if this bill be passed, negroes who have come into the State ofIndiana in violation of her constitution will be entitled to testify. This bill would override the legislation of that State.
Mr. WILSON, of Iowa. I desire to ask the Gentfrom Ohio a question, suggested by the remark of the Gentfrom Indiana, Mr. NIBLACK] If the negro is a citizen of the U.S., has the State of Indiana a right to pass a law, fundamental or statutory, declaring that such a citizen of the U.S shall not come within the State of Indiana?
Mr. DELANO. That is another question which I will answer when it comes up appropriately for discussion. What I am asking is, as the State of Indiana a right to pass a law declaring that such a citizen shall not be a witness in court? Everybody knows that from the beginning of our Government to the ent time this question as to who shall e a cometent witness in the courts of the State has been left to be determined by the legislation of the State. Not long since the law of Ohio excluded from the witness stand a man who was an infidel. A law of that kind still exists in some of the States. But the theory upon which this bill rests would uproot all the power of State legislation to regulate this question. Nay, more, sir; we once had in the State of Ohio a law excluding the black poulation from any participation in the public so ools or in the funds raised for the support of those schools. That law did not, of course, place the black population upon an equal footing with the white, and would, therefore, nuderthe terms of this bill be void, and those attempting to execute it would be subjected to punishment by fine or imprisonment.
Mr. WILSON, of Iowa. I desire to ask the Gentfrom Ohio whether he believes
Mr. DELANO. I have so little time remaining that, with the utmost desire to be courteous, I must decline to be interrupted further. Now, sir, I proceed to inquire whether the constitutional amendment abolishing slaVery confers on Congress the power to enact a measureof this character. That amendment provides“1. That neither slavery nor involuntary servitude. Except as a punishment or crime whereof the pnrty shall have been duly convrcted shall exist within the U.S or any place subject to their jurisdiction. 2. Congress shall have powerto enforce this article by appropriate legislation." Now, what is this provision of the Constitution? It is the abolition of slavery and involuntary servitude. It is authority by Congress to pass proper legislation for the enforcement of that principle. Now, sir, can it be claimed by fair reasoning that the right to testify is necessarily incident to freedom? If this can be claimed, then there is authority to pass this law.
Mr. WILSON, of Iowa. The gentleman will pardon me for an interruption. Suppose that the only person witnessing a state O facts necessary to be given in court for the protection of life liberty, and property should be a black man, has the State the rightto say that that man, the only person living who has a knowledge of the facts to protect a citizen, should have no right to testify?
Mr. DELANO. I acknowled e myself surprised that the chairman of the ComJudiciary of the HoRep of the U.S.A. should rise and ask me, when I am discussing a principle of power, whether an extreme case, such as he as ut, would be an authority for violating the fundamental law of the land!
Mr. WILSON, of Iowa. No, sir; I ask whether the Constitution of the U.S. is so framed that the rights of protection cannot be established in the laws made by Congress.
Mr. DELANO. Does the gentleman believe IES the Constitution of the U.S. is so framed as to say this power may be exercised? The simple question now is, whether the right to testify as a witness is a necessary incident to freedom.
Mr. NIBLACK. If the gentleman will permit me, I will respond to the Gentfrom Iowa. I ask whether under most of the State laws the wife is not prohibited from testifying a against the husband: or vice versa! Now, would not his objection as well apply to that?
Mr. WILSON, of Ifowa. It is not so in many of the State laws; but then I answer the gentleman in the language of the bill referred to by the Gentfrom Ohio [Mr. Dnuxo] a few moments ago, these rights are to be the same as are enjoyed by white citizens.
Mr. NIBLACK. The question is very proper.
Mr. DELANO. I must beg the gentleman not to interrupt me again. Suppose a State Legislature should apply some qualification to the competency of a white man as a witness, say of religious belief, and it turns out on the trial that the only witness who can prove the facts is the man under this disqualification, what beconies of the gentlemans argument founded on the extreme case put by im?
Mr. MYERS. I move the gentlemans time be extended.
Mr. RAYMOND. I believe I had the floor, and that it was extended 30 minutes be ond the hourz so that the hour having expired, still have 30 minutes left.
The SPEAKER. The Gentfrom Indiana [Mr. KERR] has been recognized.
Mr. ERR. I will yield to the Gentfrom Ohio if it does not come out of my time.
Mr. MYERS. I move the gentlemanstime be extended ten minutes, an that it does not come out of the time of the Gentfrom Indiana. There was no objection, and it was ordered accordin l.
Mr. Klitlli. If I have misstated his position I will.
Mr. THAYHR. I do not know that the Gentleman has misstated my position. but I ask himot what value he supposes such a guarantee is, if, as him contends, there is no power to maintaiii it.
Mr. lxERR. I will answer the Gentfrom the penof a manI say it for no offense who is a safer guide in questions of constitutional law than he. I answer the gentlemans position on this point lily a fluotation from the en 0t that most revere judge, Chief Justicc Marshall, which he in“ liud in the decismu of the SCOTUS, in the case at Barron vs. The Mayor, &c., of Baltimore, (7 Peters 11., 243:) “The Constitution was ordained and established by the peopleotthe U.S. for themselves. Ior their owngovernment, and not tor the trovernment of the individual States. Each State establishedaconstitution tor itself and in that constitution provided such limitations and restrictions on the powrrsof its particular governmentus its judgment dictawd. The peopleof the Unilccl States tramvdsuch a Government tor the U.S. as they supposed best adaptedto their situation and best calculated to promote their interests. Tue powers they conferred on this Government were to beexercised by itsed; and the liuiitations on power, if expressed in is moral terms, are naturally and we think. Necessarily applicable to the Government ereated by the instrument. They are lt!)Ilfll.lOll of powor granted in the instrument itself: not of distinct governments, framed by different persons and for different purposes." T these prepositions be correct the 5th amendment mustbe understoodas restraining the power of the General Government, no! ao applicable to the Slam.:Hild Congress engursedin the extraordinary occupation of improving the constitutions of the several States by according the people additional protection from the exciciso of power by their own governments in matters which concerned themselves alonethey would havedeclared this purpose iu plain and intelligible language." Is the gentleman answered?
Mr. THAYER. No, sir. I do not consider that I have received any answer at all. The gentleman has read a passage from the opinion of Cliief Justice Mars tall in regard to the iim itations of the powers granted by the Constitution to Congress. My fillCSblOll was as to the guarantees of the Constitution. Ofwliat value are those guarantees ifyou deny all power on the part of the Congress of the U.S. to execute and culorce them? I hat question was not answered, nay, it was not touched by the passage which the gentleman has read from the opinion of Cliief Justice Marshull.
Mr. WILSON, of Iowa. I ask my friendfrom Ohio [Mr. BINGHAM] to yield to me for a moment.
Mr. WILSON, of Iowa. I desire to with draw the motion to recommit for the purpose of offering an amendment, after which I propose to renew the motion to reconimit; and then I will allow my friendfrom Ohio an op. portunity to renew his amendment to the motion to recommit by adding instructions. After that I shall demand the previous question, and ifI can get it 2nded. [shall be willing to let the subject O over until tomorrow.
Mr. INGHAM. But I shall desire to be heard upon it tomorrow.
Mr. lLSON, of Iowa. I have already stated to the gentleman that I propose to give him a ortiouof my time.
Mr. INGHAM. With that understanding, if it is the desire of the House, I have certainly no objection to the 2nding the previousquestion.
The SPEAKER. The Gentfrom Ohio [Mr. BINGHAM] is entitled to the floor, and has not yielded for that motion.
Mr. BINGHAM. I am perfectly willing to submit the question in reference to closin de bate to the House, if it is understood that am to have an opportunity to speak tomorrow. It is, however, preperthat I should say that there are other gentlemen who desire to be heard upon. this question. For myself, I am content with the arrangement suggested by, the chairman of the ComJudiciary, [Mr. WitsoN, of Iowa] I will now yield to that gentleman to test the sense of the House upon this question.
Mr. WILSON, of Iowa. Iwithdraw the motion to recommit, and move the additional amendment, which I ask to have read.
The Clerk read, as follows: On page 3. line 17.after thoword " thereof." insert the following: Or for refusingto perform any act upon the Ground that it would be inconsistentwith this act.
Mr. WILSON, of Iowa. I now renew the motion to recommit.
Mr. BINGHAM. I move to amend the motion to recommit by adding the following: With instructions to strike out of the 1st section the words “ and there shall be no d iscrimination1}: civil rghts orimmunities amongcitizensof the m tad S ton in any State or Tomtory of the UniI move that the House do now t States on account of race.color or previous conditionof slavery." and insert in the 13th line of the [ist section, alter the word "r.rht" the words "in every State and ferritory of the U.S. " Also to strike out all parts of said bill WJlCJ nre penal and which uutsorize criminal prpecediiws and in lieu thrrcot to gaveto all citizens injured by denial or violation of nny of the other righu secured or protected by said iictiiii action in the U.S. courtswith doublocosmin all cusesoirecovery.Without regard to the amount of damages: and also to secure to soon persons the privilege of the writ of Mlmu colpin.
Skip Skip Mr. WILSON, of Iowa. I now demand the previous question. The House divided; and there were ayes 53, noes 45. So the previous question was 2nded and the main question ordered. which was upon recommitting the bill With instructions.
Skip Skip LEAVE OF ABSENCE. Mr. WARD asked, and obtained, leave of absence for one week for Mr. GRISWOLD. Mr. THATed asked, and obtained, leave of absence for one week for Mr. Easter. Mr. LOAN asked and obtained, indefinite leave of absence for Mr. Bax unis. Mr. ROLLINS asked and ootained, leave of absence for ten days for himself. TRANSFER OF SMITHSONIAN LIBRARY.
Mr. PATTERSON, by unanimous consent, introduced a bill for the transfer of the Smith sonian library; which was read a lirst and 2nd time, and referred to the ComLibrary. 5. v.Mr. STRAUBER.
Mr. LATHA. I asked, and obtained, leave to withdraw from the tilesof the House the papers in the case of S. V. P. Strauber, leaving copies of the same. INDIANS IN MICHIGAN.
Mr. UPSON, by unanimous consent, introduced a JtResolution directing the SecyInterior to pay to the Chippewa. Ottawa, and Pottawutomie Indians residing in Michigan the amount of annuities and moneys which equitably belong to the portions of said tribes residing in the State 0t Michigan out of any moneys or stocks now in the possession or under the control of the U.S. belonging to the said Chippewa. Ottawa or Petra watomie lndians, or to the Pottniiatoinie nation of Indians: which was read a 1st and 2nd time and referred to the ComIndAffrs.
Mr.lldAYElt moved that the House adjourn. The motion was agreed to: and accordingly (at 5 oclock p.m.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, March 9, 1866. Prayer by Rev. A. D. GILLETTE, D. D., iof Washington, DistCol. The Journal of yesterday was read and approved.
Mr. HENDRICKS, it was Ordered, That James Pool have leave to withdraw his petition and other papers from the files of the on a BBPORTS OF COMMITTEES.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of Goldsmith Brothers, praying to be indemnified for U.S. bonds lost on the steamer Brother Jonathan on the 81st of July, 1805, submitted a report, accompanied by a bill (S.No.102) for the relief of Goldsmith Brothers, of the cities of SanFranciseo, California, and Portland. Oregon. The bill was read, and passed to a 2nd reading, and the report was ordered to be rmte.
Mr. BROWN, from the ComPacificRR, to whom was referred the hill S.No. 110) grantinglands to the Leavenworth, awrence, and FortGibson Railroad Company, to aid in extendingltheir railroad and telegraph line from the sootern boiindary of Kansas to the northern boundary of Texas, in the direction of Galveston bay, reported it with amendments. COM VENTILATION. "On motion of
Mr. BUCKALEW, it was Ordered. That The President prolemmre appoint the commutes on ventilation authorized to be pppointtzd by the resolution of the Senate of the 7th ins an BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.193) to amend an act entitled “An act granting lands to the State of Michigan to aid in building a harbor and ship canal at Portage Lake, lieewenaw Point, Lake Superior, ” approved March 3, 1805; which was read twice its title, and referred to the ComCommerce.
Mr. WILLIAMS asked, and by unanimous cansent obtained, leave to introduce a bill (S.No.104) to establish a post route in the State of Orcgon; which was read twice by its title, and referred to the ComPostOffices. ROCKISLAND.
Mr. TRUMBULL submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyWar he directed toIinform the Senntowhat legislation is necessaryto an i establishthe positionof the ChicagoandRock “land railroad and bridges at RockIsland arsenal, so as to bestaccordwith the purposesof the Government in its occupancyof said island for military purposes: also. what additional legislation, if any, is necessaryto enable the War Dept to occupy for military purposes the small islandscontiguous to RWoinckneIbslaagnod.Isalnadndksn;own as Benhnins, Wilsons and also. what appropriations are necessaryto liquidate the claiinsof persons claiming procrty in theseislands and of thosewhosoproperty on took Island has beentaken, in pursuance oflaw, for military 1purposes;for securing water power at the head of ock Island: for the erectionof store housesfor the preservationof armsand other munitions of war at this point and for establishingnecessary communication by brid cs between the citiesof Daren port. Iowa and Roc Island. Illinois, and RockIsland arsenal. PRESIDENTIAL APPROVAL or LAWS.
Skip Skip A message from the POTUS, by Mr. Ronniir.101i.Vso.V, his Secretary, announced that the President had aproved and signed, on the 8th instant, the following Bets: An act (S.No.93) to quiet the title to certain lands within the corporate limits of the city of SanFranciseo; and, An act (S.No.142) for the relief of James Bawdin. BONDED “AREHOHSES.
Mr. CONNESS. I move that the Senate ioceed to the consideration of the motion made y the Senfrom Rhodo Island [Mr. Srnsoux] to reconsider the bill (H.R.No. 135) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes. I beleeve it was postponed for ward eration until toay. The motion was agreed to.
The President protampon. The question is, Will the Senate reconsider the vote passing the bill? and on thatquestion the Senfrom RhdIsland is entiled to the fioor.
The President protempore. The morn.ing hour having expired, it becomes the duty of the Chair to call up the unfinished business of esterday, which is the JtResolution (H. It. To. 61) proposing to amend the Constitution of the U.S.
Mr. CONNESS. With the consent of the Senfrom Maine, I move that the regular order be temporarily laid aside for half an hour, so that the Senfrom RhdIsland may close his remarks, and that we may get a vote on this subject.
The President protempore. It can be laid aside by common consent, if there be no Obirirc.tioFnE.SSENDEN. I have no objection, so far as I am concerned, to its being postponed for half an hour, if there is no objection on the part of anyone else in the Senate. for I certainly do not expect to occup all the time from one until 3 oclock. If it is desired by the Senate, therefore, that the consideration of this subject should continue for awhile longer, I shall interpose no objection to it.
The PRESIDE; l protempore. No objection being interposed, the JtResolution will be laid aside informally, and the Senfrom RhdIsland will iroceed.
Mr. FESSENDEN. Before that is done, I 4 return to his State tocourse, of voting on the resolution to amend the Constitution. will ask the Senfrom RhdIsland how ii state of thin which would allow the ballot to long he will take to conclude his remarks.
Mr. SPRAGUE. Certainly half an hour or an hour.
Mr. CONNESS. The honorable Senfrom NewHampshiroe Mr. CLARK desires to There are some other reasons ay, and is esirous, of: 4 why that question should be at oncedisposed 1 of and therefore I move that the question just considered by the Senate be postponed until half past 12 oclock tomorrow.
The PRESIDENT o iempore. The JtResolution to amend the Constitution is really before the Senate, and no motion is required to brin it u.
Mr. CONKESS. I make the motion to post pone the bonded warehouse bill until Monday next, and that it be made the special order for half past 12 oclock on that day, with the understanding that we shall come to avote upon it at that time. The motion was agreed to. ADJOURNMENT TO MONDAK.
Mr. CRESWELL. I move that when the Senate adjouriis today it adjourn to meet on Mondn next at 12 oclock.
Mr. fESSENDEN. I should like my friend to withhold that motion for the present, until we see whether we can dispose of this resolution today.
The President protempore. The motion is withdrawn. APPORTIONMENT of REPRESENTATION.
The President protempore. The JtResolution (H.R.No. 51) proposingto amend the Constitution of the U.S. is now before the Senate, and the Senfrom Maine [Mr. Fessssnsx] is entitled to the floor.
Mr. HENDRICKS. If the Senator will allow me to interrupt him for a moment, he asked me a very proper question: by what right did I charge the advocacy of this measure to artisan purposes? I had no right to do it an ess the measure in itself, in its character, and the arguments that have been presented in authoritative quartersjustified it. I thought I was jus tified in saying it was urged upon congress upon partisan grounds, because the chairman of the committee of 15 in the HoRep, in urgin the passage of this measure in that body, urged it upon partisan grounds; and that I might not be misunderstood upon thatquestion, in the remarks that I submitted to the Senate, I quoted his language, which with the permission of the Senator I will repeat. That distinguished member of the HoRep used this language: “According to my judgment thoyonghtneyerto be recognized as capable of acting in the Union, or of being counted as valid States, until the constitution shall have been so amendedas to make it what its framers intended, and so as to secnre perpetual ascondencyto the party of the Union." Then I undertook to show that this was the party language of the times by which one class of gentlemen undertook to desaibe their own political party. But I was not willing to leave it there, an quoted the following from the speech of that istinguished gentleman: “If they should grant the right of suflraszetopersons of color. I think there would always be Union white menenoughin the South, aided by the blacks, to divide the representation, and thus continue the Republican ascendancy." Using there the distinct party language and in respect to this very question, and using this argument of party ascendency as a consideration that ought to govern the House in supportin this particular measure.
Mr. FESSENDEN. I remember very well that the honorable Senfrom Indiana quoted those remarks; but I conceive that his gloss was entirely unjustifiable. The words were used in no party sense. “The party of the Union” is very well understoo. Does not the Senator belong to it?
Mr. HENDRICKS. I think I do; but I do not belong to the political party that calls itself “the Union party” and “is opposing the admission or restoration of these States into the Union.
Mr. FESSENDEN. The honorable member of the Houso called it “the party of the Union.” The Senator says that he belongs to that party. I might have had some doubt about it some time ago, but since he says he does, we are willing to accept him on that platform. When that member of the House spoke of the Republican party, he meant (be cause the Old Republican party is now extinct) the party which is sustaining the existence of the e public. Whydoes everything in the Senator s mind run directl into party, let it be said by whom it may? We are not all like him. Some of the rest of us can think of things here without connecting them with parties.
Mr. HENDRICKS. I am very glad to hear that.
Mr. COWAN. Oh, no; not in France. They are permitted to read speeches there.
Mr. YATES. Will the Senator allow ms to interrupt him
Mr. FESSENDEN. Certainly; if the senator will not be too long. I find I am consum in a great deal of time.
Mr. YATES. I desire to call the attention of the Senator to the clause of the Constitution to which he refers: " The HoRepshall be composed of memberschosen every 2ndyear by the people of the several States; and the electors in each State shall have the qualifications requisite for electors of the mostnumerousbranch of the State Legislature.” Now, I should not have interrupted the senatmilhe had met my point.
Mr. FESSENDEN. I am trying to meet the Senators point if he will allow me; but I cannot meet it if he will not allow me to come to it.
Mr. YATES. I simply contend that these people by the act of emancipation are made a part of “the people” who are to elect the Representatives of the U.S., and that the States have a right to define the qualifications of electors, of these people. but not to disfranchise them, and the amendment advocated by the honorable Senator may admit of the constructionQhat a portion of the people may be disfrauchised. [hat is the point.
Mr. FESSENDEN. The honorable Senfrom Illinois I know has a very healthy brain, and I do not see how such an idea as that could have got into it. I admit, as decidedly as the Senator does, that the people are to elect Representatives; but what I have been speaking of is, that everybody has admitted from the foundation of the Government. down to the present day that the power to fix the qualifications of voters rested) with the States.
Mr. YATES. I admit that that was so until the constitutional amendment was passed.
Mr. FESSENDEN. The have the power to fix the qualifications. ow, for instance, suppose they carry it out, and say colored men aha 1 not vote.
Mr. FESSENDEN. They have the power 7to do it. I am not speaking of the right; I am speakinv of the power.
Mr. YATES. Under the Constitution they cannot do it.
Mr. YATES. The clause of the Constitution which I have just read.
Mr. FESSENDEN. How are you going to interfere?
Mr. YATES. “The people” are to elect the rercsentatives.
Mr. “ESSENDEN. I know that, but who decides who shall be “the people” to elect the members of the lower branch of the Legislature?
Mr. YATES. That is the objection I make to this amendment. You say it shall be decided by the States now, which would exclude that portion of the people who were made free by the constitutional amendment.
Mr. FESSENDEN. The Senator is entirely mistaken. It says no such thing. Striking out that portion of this proposition which is a reppetition of what is now in the Constitution, its language is this: Whenever the elective franchise shall be denied or abridged in any State on account of race or color, all personsof such race or color shall be excluded from the basisof representation.
Mr. YATES. That admits that it may be denied.
Mr. FESSENDEN. I say that that is nothing in the world but a limitation upon the constitution as it stands. The Senator sa 3 it admits the right of the State to exclude t cm. I say it admits no such right; it denies the right.
Mr. FESSENDEN. No, sir; it denies the right of the State to exclude them. It does not deny the power, for you cannot deny the power. The power exists under the Constitution. The power is there.
Mr. YATES. I do not deny the power to violate the Constitution, of course. I
Mr. FESSENDEN. Ver well; that is all want the Senator to say. on do not deny the power to make the rule. Then, the States having the power, what does this proposition say? “ You have the power to do wrong, but if you exercise that power so as to exclude them you shall not have representation for it.” Does that say, “ We think it is all right that you shall do it?” It takes the Constitution just as it finds it, with the power in the States to fix the nalihcations 0t suffrage precisely as they see fit, and with no power to interfere with it outside of the amendment to the constitution abolishing slavery, of which I shall speak by and by, but it says to them, “If, in tcexercise of that power, you deny the right of suffrage to a race, or any portion of a on shall not countthem in the race, representation. Is that giving them a right to exclude them? On the contrary, it is saying, “If you abuse the power which you have under the Constitution in that way, you shalLsuffer by another clause of the Constitution such a penalty." That is all there is of it. Take it by itself and read it and the Senator cannot but perceive that that must be of necessity its construction.
Mr. YATES. 1 simply say that you recognize the right of the State to disfranchise these people.
Mr. FESSENDEN. Suppose we say, “If you steal, ou shall be sent to the penitentiary for 30 ays, ” would the Senator say there is a recognition of the right to steal?
Mr. FESSENDEN. That is all there is of this proposition.
Mr. YiATES. I say these people are free and are citizens now, and I do not propose banew organic act to deprive them of their rights and so the shall be disfmnchised. Th. EESSENDENN I cannot give way any further because I have not time.
Mr. YATES. There is the trouble; I cannot reply.
Mr. STEWART. I should like to ask the Senator a question on a matter of construction. Suppose the Constitution was entirely silent on this point, and there was nothing else in the instrument to determine it, and there was no question of practice under the Constitution by which we were to determine its construction snpposeit were a new instrument mnd you added this clause, would not the other parts of the Constitution, taken in connection with this, be evidence of the intention of the framers of the Constitution that the States should exercise the right to exclude persons from the right of suffrage? In other words, would it not be a recognition of the power of the State to do so? Would not that be the fair construction? If you had nothing but that and the rest of the instrument whereby to be uided, and it said that the whole number O people should be counted in the basis providedas in this amendment, thatifthe States did certain things certain persons could not be counted, would not that be an evidence of the intention of the framers of the Constitution to leave it with the States? Would it not be so construed? If that was the only guideby which you had to determine their intention, would you not say that they presumed that the power existed in the States?
Mr. FESSENDEN. I confess thgt owing to my very great stupidity I do not understand what the Senator is driving at. If he means to ask me whether this proposition is not an admission that the States lure the power under the Constitution, I say certainly it is and I have been arguing that this last half hour or more. It does admit that the States have the power under the Constitution as it stands to regulate the question of suffrage. Whether congress has the power to regulate it is another question, and that is the question I am conSidering.
Mr. STEWART. If the Senator.will allow me
Mr. FESSENDEN. I cannot yield for any more questions. I am too much pressed for time. That is precisely what I have been endeavoring to follow up.I say, then, that the Senators supposition amounts to nothing, because I am not talkinr of the Constitution as it is not, but as it is. I am not called upon to argue or to say what would be the consequence if the Constitution was not what it is. I am trying to make out how the matter stands, the Constitution being such as it is; and the constitution being thus. that the States have the power to regulate the qualifications of suffrage, this proposition is nothing in the world but I prohibition and limitation. If, in addition to that, as the Senfrom Massachusetts contends, Congress has the power of legislation, which covers the whole question, this does not affect it in the slightest possible degree, for it does not allude to it in any shape or form.
Mr. STEWART. I do not think he is right; but I think if he is right, it takes away the iivht.
Mr. President, I have not time to go further; the hour agreed upon for taking the vote has about arrived. I cannot close, however, without sayin how amusing seems to me the character of the opposition to this JtResolution. Thatopposition is composed of men of all shades of opinion. The Democrats on the other side of the House oppose it because they say it is unjust to the southern States. My honorable friends who have been some time with us are opposed to it because I do not know why except that the President is opposed to it, and I believe that is the ground. My honorable friendfrom Massachusetts objects because it is unjust to the negro. Why, sir, just imagine all the gentlemen opposed to this resolution met in caucus together, and looking around at each other, would there not be a smile on all their faces to see what company they had fallen into? I think I see the honorable Senfrom Oregon winking at the honorable Senfrom Pennsylvania and wondering how he got there.
Mr. NESMITH. I suggest to the Senator that we do not prose to meet in caucus.
Mr. FESSEND "N. just as well if they did not come to ether. The meeting would be a curious one. think Son ators would be surprised to find themselves there, and, like the countryman looking at the reel in the bottle, they would consider how the devil they did get there. [Laughter.] It would be a very strange meeting; an yet they are all against this proposition. I know thnt when there is an attempt to overthrow the Constitution, and perpetrate ini uity by those who are ini uitous, good men O all sorts must come toget er, as they are very apt to do, to prevent the injury that is contemplated. I can only account for the proposed meeting ii on that principle.
The President protempore. The ponding question is on the amendment moved by the Senfrom Missouri[Mr. Hnspsasos] to the amendment proposed by the Senfrom Massachusetts, [Mr. Suzanna]
Mr. CRESWELL. I ask that the original resolution and all the pending amendments be read, so that we can understand the matter.
The President protempore. All the propositions will be read, if there be no objection.
The Secretary next read Mr. Hssnsasoss amendment, which was to strike out all of the amendment of Mr. SUMNER, and in lieu of it to insert these words: Resolved, duh.( 2/3rds of both Houses concur of injustice in it. ring.) That the following article he proposedto the Legislatures of the several States as an amendment to the constitution of the U.S. which.when ratified by 3/4ths of said Legislatures, shall be valid to all intentsand purposesas a part of the said Constitution namely: Anricu: bi. No State, in prescribing the qualifications requisitefor electorstherein, shall discriminate against any person on account of color or race.
Mr. WILSON. Will the Senator allow me to say a word I
Mr. HENDERSON. I shall be through in a moment. We are asked now to admit these southern States. The President insists and his, friends insist, my friends who sit near me in, sist, that we must admit the he States immediately, because now we tax them without representation. What sort of constitutions are they i presenting to us today? 1/2 of the people of these States are disfrnnchised by them;v and these are the constitutions that we are being asked to admit as republican in form.: They deny forever and over all participation in Government in these States to 1/2 their people. Are the negroes to be taxed in the southern States for all time to come without} representation? Much complaintis made against us becausewe do not rapidl 7receive these States, as republican in form. H o are complained of l for not admitting as republican in form State constitutions that for all time to come deny suffrage and representation to these men, and yet compel them to bear the burdens of government. I say that the South in less than 5 years from today will be compelled to grant ) to this population the elective franchise. I do not ask that they shall grant it to every iined I ucated negro; I would not do it; I would as soon think of giving treasure to the idiot. But if the negro is educated, if he discharges his duties as a citizen, if he is qualified for the suffrage, why not give it to him upon an equality witi others? If Senators believe that that is the true rule and they are supporting the committees amendment for the purpose of confer ring the suffrage upon the negro, let us meet the question fairl and squarely.
Mr. JOHNSON. What doesyoiir own State constitution say? Does it not exclude the blacks?
Mr. HENDERSON. It does tem orarily. I camstute to the Senator, however, t rat I am very well satisfied that in the course of a lew cars the negroes will be granted the suffrage in the State of Missouri. I am very well as sured of it;I feel satisfied of it; and if it be thought necessary on this occasion in order to give peace to the country to adopt the principle generally and I believe that this is a measure calculated to do it if it be thought by Congress that this amendment ought to be adopted, the present Legislature will adopt it in 24 ours after you have passed it by a 2/3rds vote of the 2 branches of Congress. Missouri will be the 1st State to accept it, and to grant her no roes the suffrage immediately. lean speak that much, I think, for the State of missouritoday on the floor of the Senate.
Mr. SUMNER. Massachusetts, too. Every loyal State would.
Mr. HENDERSON. I believe the States would. Now is the time to accomplish this, it is the only time when it can ever be done; and if you do not let it pass here today, you never will have another opportunity. But suppose the southern whites should come to the conclusion to accept your reposition, what will he the consequence? Ienot speak disrespect fully of the amendment of the committee. Is know the able Senators who are so porting it. They are much more worthy than am; what. they sayis entitled tomore respect in the country. They have been longer fighting this battle l than I have. What I say is entitled to butlit1 tie consideration; what they say is entitled to much. If they will give my proposition their countenance and support, the people of this country will rise up enmasse and say, “ If this is to be a settlement of the question, we accept it in good faith.” Why should we not accept it? t does justice to everybody. But if the southern whites accept your reposition to disfranchise the negro in consideration merely of the loss of political power in the HoRep and in the Electoral College in elections for POTUS, whntl will be the future? Very much ofwhat the Senfrom Massachusetts says has proved to be true. I can appreciate the Senators feelings. He has been longfighting this battle of slavery, and believes within his heart today that if you. adopt this proposition the South will accept it and lessen their political power here for all“ time to come, and tax the negroes without representation by their State laws. All this can be avoided and their governments may be made republican in form and in fact. Why cannot gentlemen rise above the trauiinels of partyin lluences and do what the feel within their souls and consciences to e correct action? Mr. President let us do it. I think the amendment is right. I know it is to be defeated; but I for one desire to cast my vote for it.
Mr. GRIMES. I rise to aquestion of order. The Senator will pardon me for doing it.
Mr. GRIMES. I understood yesterda that the Senate made an order I do not know whether it was a formal order entered upon the record or not, but there was an order made which was acquiesced in on both sides of the House, that at 3 oclock we should proceed to vote upon thesequestions. Now 811 nearly an hour as elapsed in violation of that rule. There was a mutual agreement and a perfect understanding on all sides. This question has been discussed here for 3 weeks, and it seems to me that we might as well proceed to vote now as at any time. I should be pleased to hear the Senfrom California, butI have to interpose some time or other.
Mr. CONNESS. The Senator does not know what I have to say, and I think he is a great deal on its merits by sayingprheesuwmoiunlg like tohear it. Langhterj
The PRESID NT protempore. The point of order made by the Senfrom Iowa the Chair must overrule. The Senfrom California is in order. The Senfrom Iowa is no doubt right as regards the question of understanding if the Chair may be allowed to use that term but as it regards the rules of the Senate, the Senfrom California is entitled to occupy the floor as long as he chooses, on this or another question.
Mr. congress. think if the Senfrom Iowa had heard me for an instant he would not have made his speech. I appreciate his feelin s and what dictates the speech; but he will, know, acknowledge thatlI have not occupied one instant of the time of the Senate in all the discussions that have taken place upon these great propositions. I have voted steadily, to use the language of other Senators, with my friends, content to vote and say nothing. I rise now simplyto say that there are 3 or 4 forms oi? propositions before the body and that I shall be compelled to vote seriatim against each until I come to the one that I thin should be adopted. I intended simply to explain that I shall vote against these propositions, not u n their merits; but with aview of voting them down if possible and arriving at the proposition which I think a sufficient number of Senators will be willing to adopt as a part of the Constitution or as their opinion upon that subject. That is all imtendedtosay. I have istened to long speeches here, some introduced today; an, indeed, some Senators, (if they will permit me to say $0) not content with making their own speeches, bring in here letters and papers written by others that we have all read, and we are excluded from an instant of time even to explain our votes. I did not intend, as the Senfrom Iowa will see, to intrude upon the understandin made by the Senate.
Mr. CLARK. The amendment oliered by the Senfrom Missouriis an amendment in the 2nd degree, and hence I cannot move to amend it. I therefore, as the only course left open to me, call his attention to his amendment that he may see whether it does not need to be perfected. It provides that no State in prescribing the qualications requisite for electors therein shal exclude any person on account of color or race; but suppose they discriminate against him on account of having been in slavery and say that no man who has once been a slave or who is the descendant of a slave shall be allowed to vote, would that be within this amendment? M
Mr. HENDERSON. That would be, certain y.
Mr. HENDRICKS. Is not that in the same language as the other proposition in that respect?.
Mr. CLARK. It is; and when we come to that I shall propose an amendment. I would move an amendment to this, but it is not in order; the only thing left. to me is to call the Senators attention to it that he may modify it if he chooses.
Mr. BROWN called for the yeas&nays; and they were ordered.
Mr. HENDERSON. I will state to the Senfrom NewHampshire that my amendment, although it may be adopted as a substitute for the proposition of the Senfrom Massachusetts, will be subject to amendment afterward in anything of that sort; it. can be perfected then.
Mr. SUMNER. Allowme to make an explanation. the proposition of the Senator;rom Missouriis moved as a substitute for my own amendment. He felt that it was necessary to present it in that way in order to bring it be ore the Senate, and I do not complain. I am for his proposition, and therefore I shall vote for it even though in votingI for iIt seem to vote against my own. When is proposition shall be out of the way it will be in order for me to press a vote on my own or to urge my own in some other way. I merely make this exlanation.
Mr. HENDERSON. The Senfrom Massachusetts has a proposition which is a mere bill and he can go for both; he can vote for my amendment ver consistently, and immediately afterward offer his bill and press it to a vote.
Mr. ANTHONY. Is the amendment of the Senfrom Massachusetts in order? Is it allowable to amenda proposition to amend the Constitution by striking it out and substituting for it a bill, an act of Congress? I
The President protempore. It 18in the form of a JtResolution. The Chair thinks that the amendment of the Senfrom Massachusetts is in order.
Skip Skip The question being taken by ycas and any; on Mr. Husosnsoxs amendment, resulted yeas 10, nays 37; ABSENT 8. So the amendment to the amendment was rejected.
The President protempore. The question recurs on the amendment of the Senfrom Massachusetts, [Mr. SUMNER.]
Mr. CLARK. I move now to amend the proposition of the Senfrom Massachusetts y striking it all out and inserting the following: Resolved, dim, (2/3rds of both Houses concur ring.) That the following article he proposed to the Legislatures of the several Statesas an amendment to the Constitutionof the U.S., which. when ratified by 3/4ths of said Legislatures, shall be valid as part of said Constitution. namely: ARTICLE.Representatives shall be apportioned among the several Stateswithin the Union according to the nunibo.rofmale citizensin eachof 20 one yearsof ageand upward. having the qualifications requisite for electors of the more numerous branch of the Legislature. but.each State shall have at least one Representative. I have only to say that this is an amendment foundin representation upon voters.
Mr. SHERMAN. I didnot hear it distinctly. It has not been printed, and I dislike to vote for a proposition without understanding it. Let it go again read.
The Secretary read the amendment of Mr. CLARK.
Mr. SHERMAN. The substance of that amendment I should vote for with great pleas ure, but I suggest to the Senfrom NewHampshire whether he had better submit it as an amendment to the proposition of the Senfrom Massachusetts. Let us have it rather as an amendment to the original proposition distinctly.
Mr. CLARK. I have considered that; and if we agree to itas an amendment to the amendment of the Senfrom Massachusetts, then it will come directly with the original resolution time to face. I have antagonized it with the other 2 propositions.
Mr. MCDOUG LL. I inquire of the Senfrom NewHampshire if c has at in his amendment a provision in regard to the apportionment of direct taxes?
Mr. WILSON. I think if we are to have that proposition tried, the best form it can be put in is the amendment proposed in the HoRep by Mr. cannon. That is by far, I think, the best drawn of any of these provositions.
Mr. ANTHONY. I wish to ask if this Norton. i amendment does not produce an undesirable elfect in the border States. The State of Maryland, the state of Tennessee, and some other States have disfranchised all their rebel voters, all those persons who have been engaged in the rebellion, or in any way have given aid or comfort to the rebellion. Now, if this amendment is passed, those States having disfranchised about 1/2 their voters will be reduced to 1/2 their present number of Representatives. It will be an encouragement for those States to restore the franchise to the rebels, and it will be a discouragement to other States to follow the very good example which they have set.
Mr. CLARK. I have considered that int; and I will say to the Senfrom Rho e Isl and that I do not suppose this amendment will take any effect until 1870 or 187l, until a new census shall be had; and by that time I hope these States will be in a condition to be represented. The contingency is so remote that it does not affect the question, I think.
Mr. CONNESS. In addition to that Iwill say that it also presents as stron an inducement for those States, Maryland, issouri, and Tennessee, which have deprived the colored man of the right to vote, to extend the franchise to him, and thus gain in their basis of representation.
Mr. CLARK. I may be allowed to say further to the Senfrom Massachusetts WILSON] that this g Mr is almost in the words of the amendment that
Mr. SCHENCX proposed at this seasion. It does not contain the whole of that it leaves out somethings which I think it should not contain.
Mr. TRUMBULL. I merel wish to say one word in reference to the amendment which was proposed in the House by Mr. Scenes. The amendment now proposed by the Senfrom NewHampshire is the precise amendment proposed in the HoRep almost word for word, leaving out the latter part of the amendment offered in the House; and that can be regulated by legislation. It is not necessary to put it into the Constitution of the U.S. that Congress shall go on at its 1st session, after the ratification of the amendment, and take a census. We can do that by legislation. That is a mere matter of detail; we do not want that in the fundamental law. The rest of the amendment is this proposition substantially, and almost verbatim. This is a little more distinct than the one which was presented in the HoRep.
Mr. SUMNER. I would further remark that the proposition of the Senfrom NewHampshire is almost identically in the words of the amendment which I had the honor of moving here in February of last year, and which I also moved again on the 1st day of this session, and which has been much discussed in the news papers. Imention that to show that the language of the proposition of the Senator has undergone a very careful consideration, not only here, but by the public in general.
Mr. SHERMAN. As this is a very important question and we should vote understandmgly, I will state to Senators that the proposition of the Senfrom NewHampshire is in fact almost in the same words as the 1st art of the proposition offered by the Senfrom Wisconsin, [Ma Doourrug except that the proposition of the Senfrom isconsin bases representation upon “electors” and this bases it upon “citizens.” The proposition now made is substantially the one which has from the be ginning met my judgment, and I therefore shall vote for it, although I would have preferred to have it offered as an amendment to the proposition of the committee.
Mr. FESSENDEN. I wish to say to the Senator that if this is adopted as an amendment to the proposition of the Senfrom Massachusetts, it will then stand as a proposed substitute for the resolution of the committee, and then we can go on and perfect the resolution of the committee, and after that the vote will be taken bettveen the two.
Mr. SHERMAN. To avoid complication, I think we had better adopt this as an amendment to the proposition of the Senfrom Massachusetts, and then we shall have these 2 propositions before us, whether we shall base representation upon voters, upon citizens of the U.S. above the age of 21, or whether we shall accept the proposition of the committee.
Mr. CRESWELL. I have 2 objections to the proposed amendment of the Senfrom NewHampshire. The 1st is, that he uses the word “ citizen, ” which as yet, under the interpretations of our courts, is a term of doubtful meanin. The gentleman faces the decision of the upreme Court in the Dred Scott case, in which it is alleged, at any rate on one side of the discussion, that they decided that a negro, whether free or slave, was not a citizen. I admit that there is considerable discussion as to the precise meaning the court intended to give to their words; but nevertheless, I believe that is the interpretation generally given by the profession to that decision. He therefore O ens a fountain of discussion in the very phraseo ogy of his amendment. I think on that ground it is obnoxious to very serious objection. But an objection still more imperative upon me is, that I believe the effect of the amendment (whether it is so intended by the gentleman or those who 1st suggested it or not) is to impose upon all the States of the South, as well as the border States who have not actively participated in the rebellion, the necessity of incorporating among their voters all their citizens, whether they have been participants in the rebellion or not. That being the effect of it, those States being subject to the penalty of having their representation restricted if they do not do that thing, I am opposed to this proposed amendment, because I believe conscien tiously that the men who broughtabout this rebellion, the menwho engineere it, who started it in the beginning should never be admitted to the full rights of citizenship, not even to the rightofsuflimfie; and I think that all those States will be place in a false position if they are deprive of a portion of their representation in Congress, because they feel themselves compelled to shut out from the right of suffragethe very worst traitors, men who have brought them into this condition.
Mr. ANTHONY. I was not satisfied with the explanation of the Senfrom NewHamp shirc, because I do not think that within 5 years from this time it will be safe to admit all those men to suffrage, or that it is expedient for Congress to encourage the States to admit to suffrage men who have been engaged in the rebellion, and because I believe if this amendment be passed there will be a new census. A goposition has already been made in the other ones to take an intermediate census; and if this amendment be passed, and we have the 2 Halls of Congress replenished by members and Senators from those States which are now unrepresented, we shall have an intermediate census.
Mr. MCDOUGALL. My friend. the Senfrom Illinois, hasspoken of the word “citizens.” I should like to have him or some other learned Senatordefine what “citizen” means. It never has been particularly defined in any book. We know what is meant by “ denizens" in English law; butthe exact meaning of the term “ citizen” as a general term is not understood and has never been accurately defined in the books.
Mr. JOHNSON. If this amendment is to be adopted, it is important that the Senate should understand exactly its effect. law not sure that I do understand what its operation will be; but I will state to the Senate what I think will be its operation. In the 1st place, as far as the negro population of the southern States is concerne, they will be excluded from the enumeration unless those States should think proper to admit them to the right of suffrage. but in the next place, (and it is for that especially that I rise, because of an observation made by my friendfrom Illinois) it may very materially affect the representation of some of the States. In several, I forget how many, of the northwestern States the right of audio e is given to persons who are not citizens. Ihose who have just arrived in the country, without any regard to the length of time they have been in the country, or those who have been in the country for asecified length of time, although they have not become citizens, are permitted to vote. There is a large number of them, and they will be deducted from the enumeration which is to ascertain the proportion of representation, unless it be in the power of the State tomake them citizens. Now, what I suggest to my friendfrom Illinois is, that the term “citizen, ” as used in the amendment proposed by my friendfrom NewHampshire, means a citizen of the U.S.
Mr. JOHNSON and I know no mode by which an alien canbecome a citizen of the U.S. except under the naturalization laws of the U.S. If he cannot be made a citizen in any other way than under those laws, the operation of the amendment would be to exclude from the enumeration all who may not be citizens. Another question will arise, as stated by my colle e, whether the negroes are to be considere as citizens. I think they are; but in that opinion I know I have not the concurrence of a great many; and perhaps looking to the judgment of the Supreme Court in the case so oftenmentioned, it would be a serious question whether a negro, who is the descendant of an African who was originally a slave, is or can be a citizen of the U.S. The language of the court is that under the Constitution of the U.S. they are not citizens, and cannot be made citizens by any provisions in the Constitution. They cannot be naturalized because they are not foreigners. They are said not to be citizens, although natives, because they are descendants o Africans who were slaves. The result of course would be, if that opinion is right, that the whole of the original slave poulation, although they may be allowed the right of suffrage in the future would be deducted in om the enumeration; or at least the question would be left open and would be the subject ofiserious difficu ty in the future. My own im.ression is that the true mode of settling the ifficulty which now exists is to make the representation depend on themumber of voters and to make direct taxation depend on the actual wealth of the State. The latter is not within this amendment, but the 1st is, and I shall therefore vote for itbut the Senators from the Northwest or from the States where aliens are permitted to vote ought to look to it, because otherwise they may lose a good many of their representatives.
Mr. TR. MBULL. The Senfrom may ryland is probably misinformed as to most of the northwestern States. It requires citizenship in my State, and I think in most of them, an I presumethe Senfrom Maryland agrccs with me that citizenship ought to be required.
Mr. TRUMBULL. Then you can have no objection to this amendment.
Mr. TRUhIBULL. In reference to those States where citizenship is not now required, the only effect would be this: all persons who are entitled to vote at the present time by the laws of any of the States will doubtless have been here long enough to become citizens before this constitutional amendment can go into effect if it be adepted; and therefore they will lose none of their representation. It will require several ycars to adopt the amendment, take the census and fix the apportionment; and any foreigner can become naturalized in 5 years. Ifforeigners have the right to vote now they must have been here some ength of time.
Mr. JOHNSON. But they are coming in constantly.
Mr. TltUhIBULL. I know; but for the future I presume no State would have any objection to requiring citizenship as a qualification of suffrage. They would not lose anything therefore. The point of the Senfrom may ryland was that the States of the Northwest would lose a part of their representation. I wanted to show that they would lose nothing, because eVery one of their present voters could be a citizen by the time you could carry this constitutional amendment into effect; and as to the future, I do not think men ought to vote until they become citizens. As to those who are here, and who now have the right of suffrage, the States would not lose under this constitutional amendment, because those men could become citizens by the time you can carry the amendment into effect. They must have been here one or 2 or 3 years to vote in any of the States. It used to be the constitution of my State at one time that an alien who had resided one year in the State was entitled to vote; now we require citizenshi. But before this amendment can be carric into effect all present voters, I apprehend, can become citizens, and therefore no State will lose anything hy it; and as to the future, I think the Senate and the country will agree that citizenship is but a properrequirement for the exercise of the right of suffrage.
Mr. JOHNSON. Now, what is there in this which more interferes with the freedom the States had at the time the Constitution was adopted (meaning by that term the powers which the States had, the rights which the States had, at the time the Constitution was adopted) than in the case of the amendment abo ishing slavery? The only question, therefore, with me is, when any amendment to the Constitution is proposed, whether the amendment proposed is right; and the moment. it is right, then accordin to my view it is properthat it should be adopted; but it never occurred to me that the adoption of any amendment would be considered legitimately, logic ally, or in point of fact as interfering with the freedom of the States.
Mr. COWAN. I have but a word to say in reply. I may not have made myself clear. It is very evident that the honorable Senator has supposed me to be confounding the basis of representation with the number orv character or qualification of the voters of a State. I did, not do so. I do not care what the basis ofr/ representation may be; I do not care anything about that; let that be made anything at a that may be agreed upon. They might have allowed the basis of representation to be the number of acres of land contained in the sev cral States. They might have allowed them to be represented according to their wealth. They have allowed them to be represented according to their numbers. I am satisfied; I should have been satisfied with either; but what I allege is a violation of the spirit of the Constitution in this amendment is, that while it undertakes to readjust the basis of representation, it undertakes to compel the States to distribute their political power in a way that they themselves might not desire to do it. Now, I trust that is plain. Suppose, if you lease, that the Constitution had made the number of acres of land the basis of representation, had said that there should be a lepresentative in Congress for every million acres of land in a State. Of course that would have left each State perfectly free to say who should cast her ballots and who should not; but if Congress were to readjust that, and say, “ You shall only have a member for 2 million acres of land, unless you allow certain people in our State, a certain class, to vote, ” that would be to strike at the very root of the whole concern. It would be destructive of the whole agreement. It would be radical in its character.
Mr. DAVIS. The honorable Senator treats the basis of representation and the voter a distinct matters.
Mr. COWAN. I care not what you make the basis of representation. It may, as I said before, be the numbers of the people; it maybe the extent of territory; it may be the weal of the people. But what I object to here is, that you threaten the people of the States that unless they allow a certain class to vote they shall be shorn of their representation to the same extent. What then? They may adopt the alternative, it is true; bnt it is nevertheless interfering. with their freedom. Take California, if you please; California has now, I believe, 60,000 Chinese within her bor ders. Pass some of these amendments to the Constitution, and unless she admits them to the right of suffrage she is shorn of her representation to the same extent. I say that is to introduce a power into California from without California to regulate and control in her domestic concerns, and in that, I say, it destroys the freedom of the States.
Mr. CLARK. I find that several Senators desire to come to a vote on the original proposition as one which they like best. I prefer that original preposition myself if it can be carried, and therefore I withdraw this amendment for the present, and if the original proposition fails I shall offer it hereafter as an independent measure.
The President protempore. The proposed amendment to the amendment being withdrawn, the question is on the amendment of the Senfrom Massachusetts.
Mr. SUMNER. No action having been taken upon my amendment, I suppose it is competent for me to modify it.
Mr. SUMNER. I modify it so as to make it read, after the enacting clause, as follows: That in all States lately declaredto be in rebellion there shall be no oligarchy aristocracy caste or monopoly invested with peculiar privileges and powers: and there shall be no denial of rights. civil or political. on account of color or race. but all persons shall be equal before the law. whether in the court room or at the ballot box and this statute. made in pursuance of the constitution shall be the supreme law of the land. Aiff thing in the Constitution or laws of any such State to the contrary notwithstanding. It will be observed that this is applicable only to the States recently declared to be in rebellion. There is another proposition from the distinguished Senfrom Illinois [Mr. Yarns] wfiich is applicable to all the States. Believing as I do that either proposition is consistent With the Constitution. I can sustain his and of course my own; but I have thought it best to have a vote on the proposition which is applicable only to the rebel States, leaving it to the Senfrom Illinois to move his applicable to all theStates of the Union. I suggest to the Senator to move it after this amendment of mine has been acted upon.
Mr. YATES. LI amendment is not in or der at this time, as understand.
Mr. MCDOUGALL. Mr. President7 still pursuing the same order of discussion, permit me to make a suggestion to the Gentfrom Massachusetts, as he belongs to those who inhabit the classical reions and knows something of Parnassus. e who stood upon that buriiin mount, the practice of which made him invisib 0, had seraphim marshaled in order about him according to the law of command, the law of order which compels the necessity of rule, and the rule must be by the superior, and you cannot make the inferior rule. In my best judment, instead of the policy indicated bein a indly policy to the African blood, it will e their destruction. In my own observation I have seen 25,000 Indians at one time in a single valley, and when I left my home to come here there were not 250 of them remaining. They had been sacrificed by this kind of humanity and so, “Alas, the poor negro l” as it was said long time a o. “Alas, the poor Indian!"
Mr. SUMNER called for the yeas&nays On his amendment, and they were ordered.
Mr. DOOLITTLE. I do not rise to saya word except simply that I shall vote against this amendment, as I shall vote against the proposition of the committee, because I intend to offer the following: Alter the census.to be taken in the year 1870 and each succeeding census. Cpresentntives shall be apportioned among the severalStateswhich may be included within this Union. accordingto the number in each State of male electorsover 20 oneyears age, qualified by of the laws thereof. to choose members of the mostnumerousbranch of its Legislature; and direct taxes shall be apportioned among the several States accordingto the value of therca and person gailntgatxoa the property tosit the U.S. t.c, not be I shall vote a instthese propositions, intending to offer an urge the one have just stated. he question being taken by yeas&nays on the amendment proposed by Mr. SUMNER, resulted yous 8, nays 39; ABSENT 3. So the amendment was rejected.
Mr. YATES. I move to strike out all of the resolution after its enacting clause, and to insert: That no State or Territory of the U.S shall by any constitution, law or other regulation whatever, heretofore in force or hereafter to be adopted.make or enforcein any way or in any manner recognizeany distinction betweencitizens of the U.S or of any Stateor Territory. on account of raceor color or previousconditionof slavery; and that hereafter all citizens, without distinction of rparcoete. ccotelodr, or previous conditionof slavery shall be in the full and equal enjoymentand exercise of all their civil and political rights. including the rightof sutfrago. On this amendment I ask for the fees and na s. The yeas&nays were ordered.
Mr. CLARK. I think the amendment of the Senfrom Illinois is offered as a substitute for the resolution of the committee.
Mr. CLARK. Before the question is taken on that. I move to perfect the resolution by strriking out the proviso and inserting in lieu O 1t: But whenevertheelectivefranchiseshall be denied or abridgedin any Statein the electionof Representatives to Congressor other offices. municipal. State or national, on account of race. color or ascent or previous condition of servitude or by any provision of lawnotoqually applicabletoall racesanddesccnls. all persons of such race.color. descent.andeondition sha lbe excluded from the basisofrepresentation as prescribed in tho2ndsection of the 1st article of the Constitution.
The President protempera. The 1stquestion is on the amendment of the Senfrom NewHampshire.
Mr. CLARK. The object of the amendment is to perfect the original resolution so that it shall not be evaded, so that if persons are disqualified from.voting by reason of slavery or any provision of law notequally applicable to all classes they shall not 6 counted in the basis of representation. On this amendment I ask for t 9 yeas&nays. The yeas&nays were ordered. the question being taken by yeas&nays, resulte yeas 26. nays 20;.ABSENT 4 and So the amendment was agreed to.
The President protempore. the question isnow on the amendment repose by the Senfrom Illinois. [Mr. srns] upon which the one&nays have been ordere.
The Secretary read the amendment, which was to strike out all of the resolution after the resolving clause, and in lieu of the words, stricken out to insert the following: That no State or Territory of the U.S shall by ring constitution law or other regulation awd heretofore enfprced or hereafter to be make or enforce inanyway or in anymannerreco no any distinction betweencitizens of the U.S or of any Stateor Territory. On account of race or color or preme ns conditiopof slavery; and that herealterallcitisens. Without distmction of race. color or previous condition of slavery shall be protcctedin the firll and equal enjoyment and exercise of all their civil and political rights. including the right of suffrage. the question being taken by yeas&nays, resulyeas 7, nays 38; ABSENT 5. So the aniendment was rejected.
Mr. DOOIJTTLE. Now. in pursuance of the notice which I gave, I offer this as a substitute for the JtResolution of the committee: That the following article be proposedto the Lagislatnresof the severalStatesas an amendmentto the Constitution of the U.S. which when ratified by 3/4ths of said Legislatures shall be valid as part of said Constitution namely: AnricLs. Afler the census. tobetaken in the year 1870 and each succeeding census. Representatives shall be upportioned among the severalStateswhich may be inc uded within this Union. accordingto the number in each State of male electors over 20 one years of age. uulifled by the laws thereof to choose members of the most numerous branch of it i Legislature; and direct taxes shall be apportioned among the several States according to the value of the real and personal taxable propertysituatein each State not belonging to the tats or to the U.S.
Mr. SHERMAN. I do not isluiow to detain the Senate by moving to amend this proposition, as I shal have to do if the Senator presses a vote upon it. I desire to make a sug estion to him and to the Senate so as toexpedite the attainment of a result. I suggest to the Senate whether we had not better now take a definite vote on the proposition of the committee. If it be defeated, as the Senator who reported it seemed to think it would be, then any Senator who votes with the successful party may move a reconsideration, and then these other propositions can be offered. The Senfrom Missouri[Mr. HENDERSON] has stated to me that he will vote against the proposition and if it fails he will move a reconsideration in order to enable us then to test the sense of the Senate on the question of basing representation on voters. T this the quickest and easiest way by which we can accomplish the result of gettin the sense of the Senate. If the Senfrom Visconsin insists upon his amendment now, I shall have to move 2 or 3 amendments to it which will take time, and then the vote taken will be unsatisfactory. I hope we shall at once take the vote upon the resolution of the committee. If it receives 2/3rds of the votes of the Senate, it will be adopted. If it be not adopted, then in the manner I suggest we can get a vote on the other propositions. Ithiiik that it is the best way. It is too late in the evening for us to go on proOsing all variet of amendments.
Mr. DOOLITTL ". I have no objection to taking that course if we can now come to a direct vote on the ire position of the committee.
The PRESIDESJTp protemporc. The Chair understands the amendment of the Senfrom Wisconsin to be withdrawn.
Mr. POMEROY. There are some Senators who desire to vote for the proiosition of the Senfrom Wisconsin, but who, if that shall be defeated, will vote for the resolution reported by the committee.
Mr. SHERMAN. If 2/3rds agree to the report of the committee, let it stand.
Mr. POMEROY. I shall vote for the report of the committee if we cannot do better. I would nuch refer, however, to vote for the proposition of the Senfrom Wisconsin. h
Mr. SHERMAN. But this is the condition in which we are placed: there are Senators here who say they prefer the report of the committee, and they will therefore vote now against the proposition to base representation on voters, and we shall not get a fair test of that proposition in any other way than that I barre suggested. I think we had better take the vote in the way I have suggested.
Mr. DOOLITTI.E. I desire to get in some way the sense of the Senate on the proposition which I have offered as it stands. Iain not very particular whether that vote shall be taken now, y way ofantagonism to the present proposition, or afterward. The Senfrom 1 nnsas expressed his strong reference for this proposition as it stands tot e proposition that comes from the committee and says that unless it be offered now he shall be compelled to vote for the proposition that comes from the committee.
E m Mr. CONNESS. I wish to say to the Senfrom Wisconsin
Mr. DOOLITTLE. I yield to the request of my friendfrom Ohio.
Mr. SUMNER. I move an amendment to the resolution to strike out all after the word “taxed” and insert what I send to the Chair.
The SEeiisrAitY. It is proposed to strike out the followmg words: But whenever the elective franchise shall be de nied or abridged in any State in the election of Representtatives to Congressor any other officer.muni State or national. on account of race, color or descent, or rovious condition of servitude, or by any provision O law not equally a plieablo to all races and densndnnts, all persons O such race.color. de scent, and condition shall be excluded from the basis of representationas prescribedin the 2ndsection of the 1st article of the Constitution and in lieu of them, to insert: and the elective franchise shall not be denied or abridged in any State on account of race or color.
Mr. SUMNER. That is a direct, positive proposition, slightly different in its language from the proposition on which the Sanute has voted. I should like to have a vote on it by yens&nays. The ycas&nays were ordered; and being taken, resulted yous 8, nays 38; ABSENT 4. So the motion was rejected.
Mr. SUMNER. I olfer another amendment, to come in at the end of the resolution: and they shall be exempt from taxation of all kinds. Now let the clause be read as it will be if thus amended.
The Secretary read, as follows: All personsof such rnce, color, descent. And condition 5 all be excluded from the basis of represontution asprescribedin the 2ndsection of the 1st article of the Constitution, and they shall be exempt from taxation of all kinds.
Mr. SUMNER. The object of that is simplyto carry out the original principle of our others, to associate taxation and representation. By a solemn provision of the Constitution it is proposed to declare that certain persons shal not be included in the basis of representation. I think in justice tothem they ought not to be taxed. You ought not herein the Constitution to repeat the tyranny of.taxation without representation. In so manywords, you are about to despoil them of representation, and I say, in order to be consistent with your own institutions and with the principles upon which your Government is founded, you must exempt them from taxation. The amendment was rejected.
Mr. HOWE. I am in the difficulty precisely that the Senfrom Kansas complained of. I prefer to vote for the proposition submitted by my colleague, but if that be rejected I shall vote for this resolution of the committee.
Mr. SHERMAN. The Senator will see that some persons prefer the report of the committee, and they will vote “nay” on the reposition of your colleague. Now, let us in e a fair vote on the proposuion of.the committee, and then, if it is defeated, a Senator here present has offered to move to reconsider.
Mr. HOWE. But if it is adopted, what chance shall I have to get a vote on the other?
Mr. SHERMAN. If it is adopted by 2/3rds, it ought to be adopted; that is all.
Mr. STEWART. I prefer to vote on the proposition of the Senfrom Wisconsin 1st shall vote for that and shall vote against this.
Mr. SHERMAN. You will have a chance. The motion to reconsider will be made in either event.
Mr. HENDERSON. I understand that this proposition, in order to be adopted, must be carried by a 2/3rds vote. e who votes in the minority, being larger than 1/3rd, will have a right to move to reconsider. I shall have a right so to move. I have promised the Senfrom Ohio to move to reconsider, provided the proposition is defeated, in order that the amendment of the Senfrom Wisconsinmay be offered. The Senfrom Ohio has an amendment of a similar nature, the form of which I like better. If Senators refer the committees report hereafter. after this reconsideration is moved, I suppose they can move it. There is no doubt about that.
Mr. WILLIAMS. What is the precise question before the Senate?
The President protemporc. The question is whether the Senate have got through their discussion, so that the resolution can be taken out of the ComWhole into the Senate. The JtResolution is now before the Senate as in ComWhole and if no other amendment be proposed it will be reported to the Senate. The JtResolution was reported to the Senate as amended.
The President protempers. the queetion is, Will the Senate concur in the mendment made as in ComWhole?
Mr. GRIMES. On that question I ask for the yeas&nays., The yeas&nays were ordered.
Mr. FESSENDEN. Before that vote is taken I wish simplyto say that [voted for that amendment of the honorable Senfrom NewHampshire because I thought it improved the original proviso somewhat; but on the whole I have come to the conclusion that, as it is to he lost whatever shape it assumes, we may as well take the vote on the resolution as it came from the committee; and 1 therefore shall vote against the amendment in the Senate, although I voted for it in the ComWhole. 4
Mr. TRUMBULL. I wish to up to the Senfrom NewHampshire to withdraw that amendment, and let us have a direct vote on the House proposition.
Mr. TRUMBULL. By unanimous consent it may be done, and that will give us a direct vote on the proposition as it came from the committee.
Mr. CLARK. I will withdraw it by unauimous consent, if allowed to do so. do not wish to embarrass the original proposition at all.
The President protempore. Is there any objection to the Withdrawal of the mendment?
Mr. CONNESS. I have this objection: I will vote for the resolution of the committee with the amendment of the Senfrom NewHampshire; otherwise I feel inclined to vote against it.
Mr. SHERMAN. Let us have the yeas&nays; we can take the question while we are talking about it.
Mr. CLARK. Let me up cal to the Senfrom California. I thin it very evident now that if we were to take the ycns&nays on the amchdment the only result would be that it would be de eated.
Mr. CONNESS. Very well; I withdraw my objection. Mr. CLARK. There is no objection, then, to the withdrawal of the amendment.
The President protempore. The Chair understands the amendment to be withdrawn by the unanimous consent of the Senate. The question now is on ordering the JtResolution to a 3rd reading.
Mr. TRUMBCLL. Let us have the you&nays on that question.
Mr. TRUMBULL. We may as wel patesssat gthee. question on this vote. If the Senate refuse to order the resolution to a 3rd reading, a reconsideration can be moved; you do not want 2 reconsiderntions.
Mr. CLARK. I desire to inquire of the Chair whether a majority cannot send the resolution to the 3rd reading. The two3rds vote is only required on the passage.
The PReSidENT protemper c. A majority can order the resolution to a 3rd reading.
Mr. CLARK. Then the Senfrom Illinois would not accomplish what he desires by having the cos&nays taken onthat question.
Mr. TRUMBULL. Very well; let it go. The JtResolution was ordered to a 3rd reading, and was read the 3rd time, as follows: Rrmlrc/l by the Senate and HoRep of the U.S.A. in (bum enwomb/rd, (2/3rds of both Houses concurrinir.)That the following article he proposedto the legislaturcs of the several Statesas an amendmentto O Constitution of the U.S., which, when ratified by3/4ths of the said Legislatures shall bevalid as part of said Constitution. namely: Anricuz. Representatives shall be apportioned among the several States which may be included within this Union accordingto their respectivenumbers, counting the whole number of person s in each State, excludin Indians not taxed: Promded, That whenever the elective franchise hall be denied or abridged in any State on account of raceor color. all persons therein of such raceo; color shall be excluded cm the basis of representation.
The President protempore. This jomt resolution having been read 3 times, the question is, Shal it ass? This vote must, in he opinion of the C air, be taken by yeas and an s under the Constitution.
Skip Skip The yeas&nays were taken, with the following result: YEAS 22. ABSENT 3. The President protempore. On thisquestion the eas are 25 and the nays 22. 2 irds of the Senators present not having voted for the point resolution, it is not agreed to. Mr. HENDERSON. mtRtv the resolution has been defeated. The mtR agreed to ayes 33, noes not counted. Mr. SHERMAN. Is an amendment now in order? Mr. TRUMBULL. No; we must 1st reconsider the 3rd reading. Mr. SHERMAN. mtRtv the JtResolution was ordered to a 3rd reading. The motion was agreed to.
The PRESIDENT protempera. The JtResolution is now beigre the Senate and open to amendment.
Mr. DOOLITTLE. I now send to the Chair the amendment which I offered before. Before it is read I ask whether there is an objection to a motion being made now that when we adjourn today, it be to meet on Monday next. I ask unanimous consent to submit that motion.
The President protempore. The motion cannot be entertained, objection being made.
Mr. GRIMES. Then I make a motion that the Senate do now adjourn. The motion was not agreed to ayes 11, noes not counted.
Mr. CRESWELL. Now, I move that when the Senate adjourus today, it be to meet on Monda next.
The President protempera. Objection being made the motion cannot be entertained.
Mr. TRUMBULL. I move to postpone the present subject and all other subjects for the purpose of making a motion that when the caste adjourns today it adjourn to meet on Monday next. I move to postpone all business before the Senate with a view of making that motion.
Mr. CLARK. I desire to say to the Senfrom Illinois that I make this objection in no captions spirit. It is very important that I should leave the city tomorrow if I can; and I desire that we shall go on with this matter as far as we can to night. I wish to vote upon it. If I am compelle to stay here I must, that is all.
Mr. TRUMBULL. I am willing to stay here to night and O on until we reach a vote on this question. Al I desire is that when we do adJOurn to night we adjourn to meet on Monday.
Mr. CLARK. I shall have no objection to that motion being made when we get through with thisquestion.
Mr. TRUMBULL. I am willing to stay here to night until we finish this question; I think we had better do so; but when we do adjourn I desire that we adjourn over to Monday.
Mr. TRUMBULL. Very well. I move to adjourn over.
Mr. CONNESS. Some other Senator may object at that time. I be e the Senfrom N NewHampshire will with 1draw his objection, and we will remain here until we get a vote to night.
Mr. TRUMBULL. I move, then, that when the Senate adjourns today it be to meet on Monda next. The PRESIDENT protempore. The Chair can entertain that motion only by unanimous consent. Is there objection? The Chair hears no objection, and he will at the question on the motion of the Senator in om Illinois. The motion was agreed to.
The President protemporc. The amendment proposed by the Senfrom Wisconsin to the JtResolution before the Senate will be read.
The Secretary read the amendment, namely: Strike out all after the enacting clauseof the resolution, and insert the following: That the followingarticle he proposed to the Legislatures of the several Statesas an amendmentto the Constitution of the U.S. which when ratified by threo4thsofsaid Legislatures, shall bevalid as part of said Constitution mamely: RllCLE. After the census, to be taken in the your 1870 and each succeeding census. Representatives shall be apportioned among the several States which may be included within this Union. according to the number in each State of male electors over 21 yearsof age.qualified by the laws lhereof to choosemembersof the mostnumerous branch of its Legislature; and direct taxes shall be apportioned among the several States according to the value of the real and personaltaxnble iroperty situate in each State.not belonging to the State or to the U.S.
Mr. SHERMAN. I now move, in pursuance of the understanding we had, as a substitute for the article proposed by the Senfrom Wisconsin, this:. Representatives shall be apportioned among the several States which may be included within this Union.according to the numberin eachstate of male citizens of the U.S. over 21 years of agequalified by the laws of such State to chpose ltnembers of the mostnumerousbranch of its Legisla “10 I strike out of the Senators proposition the word “electors” and insert “citizens of the U.S., ” for the very obvious reason that electors in some States are not electors in other States, and we ought to have a uniform standard of citizenship of the U.S. That is the only material difierence as to the 1st clause. Then I make the operation of the amendment 1mmediately, instead of after the next census, which is have indefinite term. The last clause in regard to direct taxes Iomit, because although I am in favor of apportioning direct taxes according to property, I think it would be an embarrassingquestion tothrow in now at this period, and h ely to defeat the whole proposition.
Mr. STEWART. Has the Senator got both of those propositions in his present amendment? Iwant the questions taken separately.
Mr. SHERMAN. I offer one amendment. My proposition is simply that Representatives shal be apportioned among the several States which may be included within this Union according to the number in each State of male citizens of the Unied States over 21 years of age qualified by the laws of the State to choose members of the most numerous branch of its Legislature. This is the proposition of Professor Lieber.
Mr. COWAN. That is, the same as electorsmale citizens over 21 years of age.
Mr. SHERMAN. Allow me to explain. It is not that. Citizens of the U.S. do not include unnaturalized voters according to the laws of a State. There is just the material difference; no man can be a citizen of the U.S. unless he is native or naturalized.
Mr. DOOLITTLE. I appeal to my honorablefriendfrom Ohio to allow these 2 votes to be taken separately. He proposes with a single vote to stri0 out 2 things that are contained l in my proposition. One is to strike out “ elect ors qualified by the laws of the States” and to substitute “citizens of the U.S. qualified, ” Mn, and he also proposes to strike mm the last clause the proposition in relation to the apportionment of ireet taxes upon the valuation of property. I hope my honorable friend will so modify his motion as to take the 2 questions separately: 1st the change from “electors” to “ citizens, ” and then we can take the sense of the Senate on the other ropposition, whether we shall strike out of p this amendment of mine altogether the question of apportioning direct taxes. In my own mind I ink these 2 questions together, taxation and representation.
Mr. SHERMAN. In accordance with the spirit with which I have desired to approach this subject, I am perfectly willing to withdraw my proposition at present and let the Senfrom “1isconsin get a direct vote on his. If the Senator is satisfied with that, I shall vote for his amendment, and then if that is defeated, I shall offer mine.
Mr. CONNESS. I desire to get the attention of the Senfrom Ohio and the Senfrom Wisconsin. foriunderstand that what the Senfrom Wisconsin desires I desire also; that is, to get a vote upon the question of substituting in his amendment the word felectors for the words “ male citizens.”
Mr. TRUMBULL. This is an amendment to an amendment, and you cannot amend it further.
Mr. SHERMAN. Let the vote be taken on the proposition of the Senfrom Wisconsin. If that is voted down, I will offer mine.
Mr. STEWART. I send to the Chair a substitute for the proposition of the Senfrom Wisconsin. The only difference between the propositions is the word “citizens” in place of the word “electors.
The President protempore. The amendment to the amendment will be read.
Mr. FESSENDEN. Before we go any further, I desire to make a suggestion. It is very obvious to me that the proposition being a new one Senators are not prepared to act on it; everybody will be presenting an amendment embodying his own views. We shall O on until midnight without being able to reac any result. I more, therefore, that the further consideration of the subject be postponed until Thursday next.
Mr. ANTHONY. I hope that will not be done. I think we had better settle the question now.
Mr. STEWART. Before the question is ost poned, I should like to have an order made to print the various prositions on the table.
Mr. FESSEN E They can be printed by common consent. It will be understood that they are to be printed. I insist on my motion to postpone the further consideration of the subject until Thursday next. The motion was agreed to.
Mr. STEWART. Now, let an order be made to print the various propositions ofamendment.
The PRESIDENT protempore. That or der will be regarded as made by unanimous consent. BNROLLED BILLS SIGNED.
Skip Skip A message from the HoRep, by Mr. McPusnsox, its Clerk, announced that the Speaker of the House had sied the enrolled bill (H.R.No. 201) to declare the meaning of certain parts of the internalreve nue act, approved June 80, 1864, and for other purposes; and the JtResolution (H.R.No. 36) providing for expenses incurred in searching for missing soldiers of the army of the U.S., and for the further prosecution of the same. MILITARY nsrsnusunsnr.
Mr. WILSON. I move to take up the hill (8. No. 138) to increase and fix the military peace establishment of the U.S. My object is to assign it for consideration on Tues d. y next. The motion to take up the bill was agreed to.
Mr. WILSON. I now move that the bil1 bo postponed until Tuesday next, at one oclock, and be made the special order for that hour. The motion was agreed to.
Mr. TRUMBULL. I move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, March 9, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bonn 01v. The Journal of yesterday was read and approved. A. 1.SPENCER and (I. s. HUBBARD. On motion of
Mr. WENTWORTH, by unan imous consent, Senate bill No. 114, for the reliefof A. T. Spencer and Gurdon S. Hubbard, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPostOffice. BOBERT LYON and CHARLES MORRIS.
Mr. MILLER, by unanimous consent, introduced a bill to grant pensions to Robert Lyon and Charles Morris, soldiers of the war of 1812 with GreatBritain; which was read a 1st and 2nd time, and referred to the ComInvalidPens. INTERNALREVENUE.
Mr. MORRILL, from the ComWays&Means. reported back Senate amendment to House bill No, 201, to declare the meshing of certain parts of the internalrevenue act, approved June 30, 1864, and for other purposes, with a recommendation that the House concur in the amendment. The amendment was read, as follows: On page 1.1inc ninc strike out “whenever.” and insert in lieu thereof wherever." The amendment was concurred in. I ACCOUNTS OF PAYMASTERS.
Mr. FARNSWORTH, by unanimous consent, introduced a bill concerning the settlement of accounts of paymnsters of the Army which was read a 1st and 2nd time an referred to the ComMilAffrs. MAJOR F. A. SAWYRB. On motion of
Mr. BLAINE, the ComMilAffrs was discharged from the further consideration of the petition of Major F. A. Saw or, late 1st lieutenant of the 47th newYork volunteers; and the same was referred to the ComClaims. WILLIAM M. iinnvsn. On motion of
Mr. BLAINE, the ComMilAffrs was discharged from the further consideration of the petition of William M. McBryan; and the same was referred to the ComInvalidPens. VOLUNTEERS IN SERVICE.
Mr. ROSS. I ask unanimous consent to submit the followmg resolution, upon which I ask action at this time: Resolved, That the SecyWar be instructed to inform the HoRep how many U.S. volunteers whose terms of service have expired are still retained in the service; and why the 28 h regiment of Illinois infantry, Veteran volunteers, are still kept in the service of the U.S. at Brownsville. Iexas against their will, after their terms of service have expired.
Mr. ROSS. I appeal to the Gentfrom Wisconsin [Mr. Conn] to with raw his objection. This is a matter in which my constituents are interested; and they are constantly writing me that they desire to be discharged, their time having exired.
Mr. COBB insiste upon his objection. COMMITTEE CLERK.
Mr. JULIAN, from the ComPubLands. made the following report; which was read, laid upon the table, and ordered to be printed: The ComPubLands. in oberlicnce to the resolution of the House Februnry 26, 1866, on the subject of clerks of committees.submit the following report:; They are learly of opinion that a clerk is sary for the rnnsnetionof their business. Thenetcimese occupied by their clerk in the necessary and legitimate businessof the committeecannot bestatedWith precision. usit must yury with the amountand ress ure of business;butit is amply spflicient dii the judgment of the committee. t9 require his services. In, addition to his ordinary duties as clerk. he is specially charged With the care. preservation and continuation of the seriesof land maps ordered for the useof the committee by resolution of HoRepof May 4, 1848;and byresoaition of the House of May 27.1862.a la ndmap room is provided for in the Capitol. m which all the may a constructed under the resolution referred toshall O proservedby the order of the cominittec for the use of the HoRep. In further response to the resolution of inqui ry. the committeeadopt the language of the ComMilAffaiFs in answertothesamorosolution and would respect ully submit that “as to what portion of the timeof the clerk is occupied in attendingto the private businessof the membersof the committee. the committeestate that they deem that a.matter of oomit between gentlemen, affectingonly the personal relations of taclerk to themselves and which. if not in an way interfering Withthe properdischargecfhis public dntiesought notI thocommittee respectively submit. to be made a question for legislativeaction, nor eventhesiibject forim ertinent inquiry." GEORGE W. JULIAN.
Mr. WASHBURNE, of Illinois. I ask unan imous consent that the other comniittees called upon for reports under the resolution of my colleague Mr. Ross have leave to file their reports with the Cler of the House.
Mr. ROSS. I object. SUPREME COURT OF DISTCOL.
Mr. WOODBRIDGE, by unanimous consent, introduced a bill regulating the salaries of the judges of the supreme court of the DistCol; which was read a 1st and 2nd time, and referred to the ComJudiciary. MRS. C. A. (move. On motion of
Mr. WASHBURN. of Massachusetts, by unanimous consent, leave was granted to withdraw flom the files of the House the papers O Mrs. C. A. Grove, copies of the same to be left. STARK, BTAUPIBR and COMPANY. On motion of
Mr. J. L. THOMAS. leave was granted to withdraw from the files of the House the papers in the case of Stark, Stautier & Co., copies of the same to be left.
Mr. ROSS. I demand the regular order of business.
The SPEAKER. The 1st business is the execution of the order of the House on yesterday directing the question to be taken upon the civil rights bill. PERSONAL EXPLANATION.
Mr. SCHENCK. Will the Gentfrom Illinois EMr. Ross] withdraw is demand for the regu ar order until I have had an opportunity to make a personal explanation?
Mr. ROSS. I must insist on the demand. I find I can offer nothing to which objection is not made.,
Mr. SCHENCK. I desire to make papersonal explanation in justice to the Speaker of this House.
Mr. ROSS. Of course. if it is anything concerning the Speaker of this House, I will make no objection.
Mr. SCHENCK. Mr. Speaker, a little incidentoccurred yesterday, wlrgch you yourself may have forgotten, in the course of the debate upon the soldiers claim bill, in regard to whichI de sire the attention of the House for one moment. On my demand for tellers upon the call for yeas&nays, the Speaker counted the House and announced that only 16 had voted to order tellers. Standing in my place, and being anxious for my motion, and perhaps a little excited as well as anxious, I remarked that more than 16 had voted as I could myself see. The Speaker insisted on the correctness of his count. I do not find it so reported in the Globe of this morning. nor any notice of this little passage between the Speaker and myself, the reporter probably regarding it as by play, and omitting it, and, in my opinion, very properly. I think proper, however, and that it is due to myself, to call attention to it because I saw that the Speaker. although he made no complaint to me about it, was a little nettled for the moment, as it was natural he should be. Almost instantly utter I felt regret that I had spoken so abruptly; and I wish to say now that there was nothing further from my mind than any purpose or design to reflect upon the accuracy or fairness of our Presiding officer, in whose uniformly just and fair administration I have the cutest confidence. TeSPEAKER. The Chairis under obligation to the Gentfrom Ohio Mr. SCHENGK] for the voluntary statement he as just made. The Chair will state that he always endeavors to count eveiey gentleman who rises to demand the yeas an nays, that their constitutional right may not be impaired. ORDER OF BUSINESS.
The SPEAKER. The Gentfrom Illinois [Mr. ROSS] demands the regular order of business, on which the rentlemen from Iowa [Mr. Witsox] is entitled to the floor.
Mr. STEVENS. I ask the Gentfrom Illinois to permit me to report from the ComAppropriat an appropriation bill. vowsriiims is siiiivicii aonii.
Mr. ROSS. I have been unable for days to get in a resolution for reference.
Mr. COBB. I withdraw my objection to that resolution. The resolution was again read, as follows a Resolved.That the SecyWar be instructed to inform the HoRep how many U.S. volunteers whoseterms of service have expired. arestill retainedin the service; and why 28 h regiment of Illinois infantry. Veteran volunteers. are still kc t in the serviceof the U.S. at Brownsville Iexas.againsttheir will. alts their terms of servicehave expired.
Mr. CONKLING. The resolution should be amended so as to read “ as is alleged;” we on ht not to assume the fact Mr. BOSS. I accept that modification of the resolution. The resolution, as modified, was adopted. LBONARP StClAIR.
Mr. ROGERS, by unanimous consent, introduced a bill granting a pension to Leonard StClair; which was read a 1st and 2nd time, a ndreferred to the ComInvalidPens.
Mr. STEVENS. I ask unanimous consent to report an all propriation bill.
Mr. CHAN R. I object. RIGHTS or CITIZENS. The House, agreeably to order, resumed the c“onsideration of the bill (S.No.61) entitled An act to protect all persons in the U.S. in their civil rights and furnish the means of their vindication, " on which
Mr. Winson, of Iowa, was entitled to the floor.
Mr. WILSON, of Iowa. I yield 30 min, utes of my time to the Gentfrom Ohio, [Mr. Bine mia]
Mr. BAKER. If it be in order, I will move that the Gentfrom Ohio be allowed to proceed with his remarks.
Mr. WILSON, of Iowa. The Gentfrom Ohio and myself have arrange this matter between us.
The SPEAKER. The Gentfrom Iowa is entitled to the floor.
Mr. WILSON, of Iowa. I yield a few moments of my time to the Gentfrom Ohio, [Mr. SHELLABABGER]
Mr. BINGHAM. As the Gentfrom Iowa has taken advantage of me by misstatin my position. I withdraw my motion to amen the motion to recommit by adding certain instructions.
Mr. WILSON, of Iowa. I withdraw the motion to recommit.
The SPEAKER. The House is acting under the previous question, and neither the motion to recommit nor the motion to amend that motion can be withdrawn.
Mr. ELDRIDGE. I move that this whole subject be laid on the table; and on that motion I call for the ycas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 32, nays 118, not voting 83; So the House refused to lay the whole subject on the table. The question then recurred on the motion of
Mr. BINGHAM to amend the motion to recommit by adding the words: With instructions to strike out of the 1st section of the bill the following. to wit:"And there shall he no discrimination in ciVil rights or i munilics among citizens of the U.S. on count of race. color or rovious condition of slavery:" and insert in the rst section, line 13. alter the word "right." the words “in eve State and Territory of the U.S. " and a so to strikivout all parts of said bill which are penal and which author no criminal proceeding and in lieu thercol to give to all citizens of the U.S. injured by denial or violation ofany of the other rights securwl or protected by said not an Mtion in the U.S. courts. with double costs in all cases of recmory. without regard to the amount of dam es and also securing such persons the writ of hulmu corpus.
Mr. WILSON, of Iowa. Is it in order for me to accept the proposed amendment to my motion to recommit?
The SPEAKER. It is not, except by unanimous consent.
Mr. WILSON, of Iowa. I would only do that to save a vote.
Skip Skip On the motion of Mr. Bisonsil, there were, on a diviSion a es 31, noes 80. Mr. BINGHAM demanded theycas&nays. The House divided, and there were ayes 18, not one 5th of a uorum. Mr. BINGHAM demaned tellers on the yeas&nays. Tellers were ordered; and Messrs. WILSON, of Iowa and BINGHAM, were appomted. The house again divided; and the tellers rqported ayes 24, more than one 5th O those present. So the yeas&nays were ordered. The question was taken; and it was decided in the no ative yeas 37, nays 113, not voting 33; So the amendment was rejected. During the vote, Mr. THAYER stated that Mr. ECKLEY was absent by leave of the House. The vote was then announced as above recorded. The question recurred on the motion to recommit. Mr. BINGHAM demanded the yeas&nays. The ycns&nays were ordered. The question was taken; and it was decided in the aflirmative yeas 82, nays 70, not voting 31; So the bill was recommitted. Mr. BINGHAM mtRtv the bill was reconimitted; upon the table. Agreed to. 3 ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill. reported that the had examined and found truly enrolled a bi l and JtResolution of the followingtitles; when the Speaker signed the same: An act (H.R.No. 201) to declare the meaning of certain parts of the internalrevenue act apgroved June 30, 1864, and for other purposes; an A JtResolution (S.R. No. 36) providing for expenses incurred in searchin for missin soldiers of the Army of the U.S., an for the further prosecution of the same. LAKE SUPERIOR HARBOR.
The SPEAKER laid before the House a communication from the SecyWar, transmitting the chief Engineers report of the estimates required for Lake Superior harbor. to clear its entrance, &c.; which was ordered to be printed, and referred to the ComCommerce. REIMBURSEMENT prossouni.
Mr. STEVENS, from the Comappropriat reported back Senate bili No. 31, to reimburse the State of Missourifor moneys expended for the U.S. in enrolling, equipping, and provisionin militia forces to aid in suppressing the rebellion, with amendments; and moved that it be referred to the ComWhole on the state of the Union and made the special order for this day 2 weeks.
Mr. WASHBURNE, of Illinois. I shall object to making it a special order.
Mr. STEVENS. I hope it will be made; it is an appropriation bill.
The SPEAKER. It is not a general appropriation bill; only a general appropriation bill can be made a speciaT order by a majority.
Mr. STEVENS. Cannot a majority make this asecial order?
The SPEAKER. It cannot. What action does the gentleman desire?
Mr. STEVENS. Let it be fixed for the time I have named. The bill was accordingly read a 1st and 2nd time, ordered to be printed and postponed till 2 weeks from today, after the morning hour. PRINTING OI" TESTIMONY.
Mr. STEVENS. I offer the following resolution: Resolved. That 10,000 extra copies of the less evidencereported by eachof the nb vommitteocns reconstruction, or which may be hereafter reIorted, be printed for the useof the membersof this House.
Mr. STEVENS. It merely goes to the ComPrintin.
Mr. LEBLON. The effect is simply to bring it back into the House again.
Mr. STEVENS. The gentleman has, of course, a right to object.
The SPEAKER stated that the next business in order was calliu the committees for reports of n private nature, eginning with the ComPubLands. ORDER.OF BUSINESS.
Mr. MORRILL. I move that the rules be suspended in order to take up House bill No. 33:.
Mr. RAYMOND. I ask the gentleman to yield a moment for a question.
Mr. RAYMOND. I have been receiving, as I suppose other members of Congress have received, constant inquiries from my constituents as to the probability of some report being made from the ComWays&Means upon the subject of internalrevenue taxation. I desire to ask the chairman of the ComWays&Means if he can give the House any information as to when that committee will probably be ready to.report, either in whole or in part, on that very important subject.
Mr. MORRILL. In replyto the gentlemans inquiries I will state that the Committee of Wu s and Means had expected to make an eary report, embracing the subject of taxes on cotton and incomes, with various reductions in the internalrevenue. We had hoped to report ere this.
Mr. ANCONA. I demand the regular order of business.
The SPEAKER. The Gentfrom Ver mont Pir. MORRILL] has moved to suspend the rules.
Mr. ANCONA. The Chair has stated that the order of business was calling the committees for reports of a private nature, and has commence the call.
The SPEAKER. The motion to suspend the rules is in order. The Chair will have the rule read.
The Clerk read the rule, as follows: “A motion to go into ComWhole House on the state of the Union may be entertained on private bill day. but the motion to go into ComWhole House takes precedence." TRADE WITH BRITISH AMERICA. The motion of Mr. Moasru. to suspend the rules was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Button in the chair) and resumed the consideration of the special order. being House bill No. 337, to regulate trade with the British North American possessions.
Mr. MORRILL. At the close of the debate when the committee had this subject last under consideration, all general debate was to be terminated in 20 minutes. The Gentfrom Iowa [Mr. ALLISON] desired to occupy a art of that time, and the Gentfrom Maine [Mr. Lvsen] the remainder.
The CHAIRMAN. How muchtime does the gentleman expect to occupy?
Mr. KELLEY. WiH the gentleman permit me one moment?
Mr. ALLISON. Only for a question. I have not time to yield for an explanation.
Mr. KELLEY. I want to correct some of the gentlemans figures. The amount of coal imported from the Provinces of GreatBritain into the States east of Pennsylvania was more than the amount of domestic coal consumed in those States by within a few tons of the amount stated as the total amount imported into this country.
Mr. ALLISON. That is not my proposition. I stated that there were imported from the British North American Provmces 317,000 tons of coal during the fiscal year 1805. It is true that there have been imported from GreatBritain 208,000 tons of coal, paying a.duty of SI 25 perton, because that coal can come in as cheaply as that from the Provinces, coming as it does in the shape of ballast. Therefore the amount of tariff proposed does not materially affect the price. But if the importation of 317,000 tons of coal in a single year, with a tariff duty of 50 cents instead of $1 25 perton, will rostrate the coal interest of this country, which produccss 17,000,000 tons of coal annually, at an expenditure of $85,000,000, then it seems to me that the coal production has very little to sustain and support it in the way of tariff. Hence, while I would not particularly object to a properincrease of duty on coal, I thin I have shown from these figures that the difference between 50 cents and $1 25 will not affect the price of coal, and yet the Gentfrom Pennsylvania [Mr. KELLEY] informs us that this great interest of this country, involving as it does $85,000,000 perannum, is to be suspended and prostrated. It is proper to say. further, that coal is a raw material and is used in almost every branch of industry, and the duty at last is paid by the consumers of these articles. The chairman of the committee [Mr. MoRRILL] very appropriately infbrmed the gentleman that it was proposed to take off the internal duty upon coal, an in addition to that to take off the duty upon the freight earnings of the railroads, and thus reduce the average amount of internal duty upon coal 15 or 20 cents perton.
Mr. KELLEY. If the gentleman will permit me for an instant, I will now read the correct figures, which I have from the report of the SecyTreasur. I will not say a word, merely read the figures. During the fiscal ear of 1805 there were imported free of duty mm the British Provinces, 405, 104 tons of coal; from England, paying a duty of $1.25 perton 218,080 tons.
The CHAIRMAN. The time of the Gentfrom Iowa [Mr. ALLisos] has expired
Mr. KELLEY. I move that the Genemail I time be extended.
The CHAIRMAN. By order of the Hon“ general debate is limited.
Mr. KELLEY. I hope it will be done by unanimous consent.
Mr. LYNCH. As I have but ten minutes time allowed me, and can say but little of what I want to say in that time, Iwill yield 5 minutes of it to the Gentfrom Iowa, [Mr. Auasom]
The CHAIRMAN. The time for general debate, by order of the House, has now terminated.
Mr. MORRILL. I have several verbal amemlments to offer from the ComWays&Means. I move, 1st, the followmg: 2nd section, page 2, line 4, after the word "section, " insert “subject to the provisionof section nine, " so it will read: fine. 2. Abife: That from and after the day and year aforesaid there shall be levied, collected and aid, on the articles hereinafter incutioned, and embraced in this section.subject to the provision of section 9. the following dutim and rates of duty, that is to say, kc.
Mr. BLAINE. I do not consider that a mere proforma amendment, and I hope the gentleman will withhold it for the present.
Mr. MORRILL. I withdraw it. Ine w move the following: Lincthirtcen, page2.after the word"round."insert the word "split, " so it will read: On lumber, pine. ash.butternut, bass wood, birch, clin. maple and white wood, round. split, or sided. 3/4ths of one cent percubic foot. The amendment was agreed to.
Mr. MORRILL. I move the following amendment: Page 4. lines 42 and 43. after the word " clapboards. insert the words" fourfeotlong.” so it will read: On pine clapboards 4 feet long}; per 1,000; 0n spruce clapboards 4 feet long, $250 per 1,000. The amendment was agreed to.
Mr. MORRILL. I move to insert the following proviso: Provided, That clapboard! of greater length, whether of pine or spruce shall pay a proportionate increaseof duty. The amendment was agreed to.
Mr. MORRILL. I move to amend as follows: Line 13, 2ndsection, after the word “ barley, " insert the words “not including pearl or hulled." so it will read: Barley, not including pearl or hulled. ten centsperbushel. The amendment was agreed to.
Mr. MORRILL. I move the following amendment: Line 14. after the word "except." insert "Tonqua, " so it Wlll read: Beans. (except Ton ua vanilla, and castor oil.) 25 cents periuhel. The amendment was agreed to.
Mr. MORRILL. I move the following: After line 19, page 2, insert: “Fish oil of all sorts, 20%. The amendment was agreed to.
Mr. MORRILL. I move the following: PageS. after the word "hides." in the 20 4th line, insert "raw. salted, or pickled." so it Will read: Illoiiles, raw, salted, or pickled. 10%. adVG rem. The amendment was agreed to.
Mr. MOltRILL. I move, in line 27. after the word “ores, ” to strike out “ten” and insert “ of copper, live, ” so it will read: Ores, of copper, 5%. adeolumn. The amendment was agreed to.
Mr. MORRILL. I move page 8, section 9, line 7, after the word “privile 5:" to insert “ and conditions, ” so it Will re: SEC. 9. Abife:, That the President is hereby authorized to terminate or suspend the provisions of the act or any section or sections thereof, codes to the whole or part of the British North American colonies, by giving public noticcpf such termination or suspension.wheneverin hisopinion it may appear Just and proper, or whenever the following privileges and conditions or anyof them shall not beaccordedand securedto the citizens and inhabitants oi the U.S., namely, kc. The amendment was agreed to.
Mr. MORRILL. I move, on pa 8, line 16, after the word “ 2nd" to insert the following: The right.to ship to the U.S. from the prov ince of NewBrunswick. without any export or other duty, agricultural products of or any lumber or timber cut on that portion of the American territory in the State of Maine watered by the river StJohn and its tributaries after the sameshall have been floated down that.river to the sea. The amendment was agreed to.
Mr. MORRILL. On page (H, move to strike out from line 22 to line 25, as follows: 8. FreedomMm exposure to illicit trade and smuggling which the establishmentor maintenance of any free port or ports in the British North American colonies near toour boundaries tendsto induce and insert in lieu thereof the following: 3. The abolition and suppressionof all free ports near the boundaries of the U.S. The amendment was agreed to.
Mr. PIKE. I offer the following as a substitute for the 1st section of the bill: On fish: salmon, 82 perbarrel; shad, $15mack erel, when valued at $6and less.81perbarrel: valned at over perbarrel, $2 perbarrel; herwrxhnegn. iekled or salt, $1perbarrel: all otherpickled fish, I perbarrel: all fish not otherwise provxdedfor, one cent perpound: Provided, That fishin pack csother than barrels shall pay in proportion to the rates chargedon similar fish in barrels: and provided/ur ther. That herring imported in bulk shall pay at the rate of 50 centsperarrel of 200 pounds.
Mr. SPALDING. Does that amendment make the duty on cod fish one cent perpound?
Mr. MORRILL. I do not feel any especial interest in thisquestion so far as the proposition of the Gentfrom Maine [Mr. PIKE] is concerned. I would, however, suggest to him the propriety of making the closing part of his amendment read: Onedollar per 100weightfor all other descriptions of fish. Allow me to say that I do not think it is quite fair to assume, in levying duties at this time, that the high price of fish is to continue, when but recently the price of the different sorts of fish was at least one half, if not 2/3rds, less than what it is at the present moment.
Mr. ELIOT. Will the gentleman allow me a moment?
Mr. MORRILL. The gentleman can have 5 minutes after I get through. Now, sir the price of fish is something like 7, 8, and 9 dollars perquiutal and the proposition made by the Gentfrom Maine [Mr. PIKE] would not be um reasonable should these prices continue. But if prices were to reoede to their normal condition, to 92.50 and $3 and $3.50 perquintal, as they have been in years post, then the proposi lition of the gentleman would be extravagant. 1 do not foul any special interest in this subject, although a lover of the cod fish, whether, swinuningr or in the frying pan.
Mr. ELIOT. Will the Gentfrom Ver mont [Mr. Monaum] allow me the remainder of his 5 minutes?
Mr. MOIlltILL. I would do so with the greatest pleasure if there was any of it left. I
Mr. MORRILL. I intended to withdraw my amendment.
Mr. ELIOT. Then I will withdraw my amendment, and hope the amendment offered by the Gentfrom Maine will prevail.
Mr. IORRILL. I object to the Gentfrom Massachusetts
Mr. ELIOT] withdrawing his amendment until reply to what he has Just stated. The gentleman denies my statement as to the present prices of fish. quote now from the Commercial and Financial Chron icle, of January 20, 1866. It is there stated that dried cod fish is from $7 to $9 25 per 100 weight; dried, scaled, $6 75 to $7 50 and then I quote from the NewYork Mercan tile Journal, of March 8, yesterday. I presume no one will question the authority of this paper: cod fish Georges Bank, perqumtal $9; large Grand Bank, $6 50 to 87; small, $6; bake, $4 50; ollock $3 to $4; and that is the only kind of b. that could be included in the n tlemans statement; he evidently allude “1 ollock. p I have nothing further to say on tbiflsflblect
Mr. MORRILL. 1 me" to we“ “1” proposed to be stricken out by the Gentfrom Maine [Mr. PIKE] by striking out “ 50 cents per100 pounds." and inserting “one dollar per 100 weight.” The amendment of Mr. Monmu. was not agreed to. The amendment of Mr. agreed to.
Mr. Chairman, is it right that a vital interest of this character should be sacrificed to the cupidity I must use that phrase of a very sma 1 section of this country? After the manufacturing interests have been encouraged from 1816 to the present hour by enormous duties, they now askl that for their further protection you should le duties of 12 cents upon the s uare yard O cotton or woolen goods, and 45%., advalorem. What am I asking now? That you shall encourage by a moderate duty of less than 20%. a branch of domestic industry in which is embarked more than $30,000,000 of capital; for if you strike out the 8%. advalorem provided for in this bill you leave only 20%. advalorcm under the tariff of 1864. If time allowed, I might refer to the sta tistics before me to show that the coal pro ducing interest is at this hour trembling forits emstence. 100s of men who, have been engaged in the coal mines of the Allegheny region are now actually out of employment by reason of the very low price, of this article. There. are millions of capital now invested in this branch of industry with no prospect of any dividend. Are you to prostrate by a merciless policy this. great interest which is now in its infancy 2 [Here the hammer fell.] PIKE was then f L A k I move to
Mr. GARFIELD. Mr. Cliairmnn, I rise to Oppose the amendment. No man is more unwilling than I am that anything should be enacted in this bill or any other to the injury of any branch of American industry. But I have been really surprised to henrthe remarks which have been made during this discussion by the Gentfrom Pennsylvania, [Mr. KELLEY, and the Gentfrom Maryland, [Mr. I. Taonas] on the subject of bitumine us coal. Those gentlemen would have us think that a great interest is being imperiled and is likely to be overthrown ifwe refuse to impose increased duties for its protection. Now, sir, this interest in bitumine us coal has prospered during the last ten years as one of the articles on the free list in the reciprocity treaty with the British Provinces. We have sold them coal at one end of our frontier line and they have sold us about the same amount at the other. We have never heard that our coal interest wns perishing under this arrangement. If the high price of coal in this city18any criterion of the general state of the market I should suppose it was a very good business. ow, the ComWays&Means propose to impose a duty of 50 cents perton on all coal shipped from that country to this; and we are told by these gentlemen that the coal trade of this country will be ruined. How formidable is the competin interest which, with a duty of 50 cents, will ruin the American coal trade? and how large is the American trade to be ruined by it? The internalrevenue derived from 6 cents aton on bitumine us coal in this country is almost sufficient to purchase, at the market price, all the coal brought into the country under the reciprocitytreaty. From Pennsylvania alone, at 6 cents per ton, we collected in 1864 $644.576 50; from Maryland, $27, 203; from Ohio, $69, 127; and from Kentucky, $4, 383.
Mr. KELLEY. What was the amount from Pennsylvania?
Mr. GARFIELD. 644,576 dollars and 56 cents. Now, we collected from these 4 States, at 6 cents a ton, for internalrevenue, $742, 633. The ComWays&Means propose to repeal the 6 cents tax on coal and thus give to those states a sum that would purchase more than 3/4ths of all the coal that is brought into the U.S. from the British Provinces. Yet gentlemen shy that this coal interest is trem bling on the verge of ruin because we do not affix a duty of $1 26 perton on coal from the Provinces.
Mr. STROUSE. I ask the gentleman to yield to me to correct his facts.
Mr. GARFIELD. My time is too short to yield to the gentleman. I am speaking from official papers and no gentleman can correct my facts. repeat in statement, that the coal imported from the provinces, which makes our coal interest “tremble in the balance, ” is so insignificant in quantity that 3/4ths of its total value when it reaches us is on] equal to the revenue derived from our coal pronet at 6 cents perton. I think if the trade could flourish for ten years without Government aid, it will manage to survive when protected by a duty of 50 cents perton on the competing article and relieved of the 6 cents on the home tax. I hope the amendment will not prevail.
Mr. KELLEY] will examine the propositions which have been made they will see that their constitnents are to gain actually by the proposition which has been made, if Congress should adopt it, in connection with this, in relation to the abrogation of direct tax on coal and indirect tax on freight.
Mr. HUBBARD, of WestVirginia. I with draw the amendment.
Mr. STEVENS. I move to amend by striking out on page 2, line 21, “ 50 cents, ” and inserting “$1 25;” so that it will read: “On bitumine us coal, $1 25 perton.” Mr. Chairman, I leave all but bitumine us coal out. I am willing that the reduction to 25 cents perton on anthracite and all other coals shall remain.
Mr. MORRILL. As this vote will undoubt edly test the question, I desire to say a word or 2 more in relation to the matter. Mr. Chairman, I trust that the bill will pass even if this amendment should be made, because there are some slips and vacancies in the present law that this bill would remedy, and so it would be properthat it should pass, even with the amendment of the Gentfrom Pennsylvania, [Mr. Stevens] or that of the Gentfrom Maryland, Mr. FTHOMAS.] But it does seem to me that if we are possessed of even ordinary perception and candor we shall be willing to admit that there were somethings in that reciprocity treaty of practical benefit which were conceded to us and are gentlemen going on the ground that they will flout and refuse even those conditionsiu our favor that are contained in the latter end of the bill, and say, “We will reject and have nothing to do with you?” It seems to me that there are evidently somethings that were conceded in the reciprocity treaty which are desirable to be retaine in this bill; for instance, the fisheries near shore, the privilege of cuttin our timber and floating it through provincial territory into our own jurisdiction again the privilege of canals, and the navigation of the StLawrence and we ought to be willing at least, I think, to acknowledge there were somethings which were in our favor in that treaty and let me say that in return. the things upon which any special legislation is asked, and that very slight, is in relation to fish and coal. If the proposition of the Gentfrom Pennsylvania [Mr. Srevi ixs] shall prevail, then there is not left in the bill a single argument upon which any provincial man could urge upon his own people the adoption of any of the privileges and conditions which we demand at their hands. That is all I have to so about it.
Mr. DAVIS. move to amend the amendment by reducin the duty to $1 25.
The CHAIR AN. The amendment of the Gentfrom Penns lvnnia IMr. STEVENS] is to strike out the wor “50, and insert in lieu thereof “$1 25, " upon which debate is exhausted.
Mr. DENNY. I move to amend the amendment of the Gentfrom Pennsylvania [Mr. STEVENS] by striking out “25 ” and inserting “ 30, ” so that it will read “one dollar and 30 cents perton."
Mr. STEVENS. Is that motion in order? Mine was an amendment to an amendment.
The CHAIRMAN. The Chair understands that the original motion of the Gentfrom Maryland [Mr. F. Ine nss] was to strike out I {the clause relating to duty on coal. The motion of the Gentfrom Pennsylvania [Mr. Stevens] is for the purpose of perfecting the clause before the motion to strike out is put. The motion of the Gentfrom Washington Territory [Mr. DENNY] to amend the amend mant of the Gentfrom Pennsylvania is in order.
Mr. DENNY. Mr. Chairman, I have noticed, in listening to the discussion upon this bill, so, far as it relates to coal and lumber particularly, that it seems to be regarded as applying especially to those interests in the Atlantic lOglOIJ of the country. I wish to say that it applies with equal force to the interests of the tar off Pacific coast. In the Territory which I Represent here, the Territory of Washington, we have an extensive coal field, and we are endeav oring to develop that interest. But as the original bill stands we will be wholly without that protection which is necessary to enable us to do so. I hope therefore this provision as it now stands, or as it is proposed to amend it, will not pass this House. I do not propose to enter into the discussion of this question, even to the extent of the 5 minutes which I understand to be allowed. I simply rise for the purpose of stating the naked fact that this bill does interest the extreme Northwest, (perha sequally as much as it does the East an the ort east. I now withdraw my amendment to the amendment.
Mr. DAVIS. I renew the amendment to the amendment made by the Gentfrom Washington Territory, [Mr. Darwin] and I do it for the purpose of noticing the remark of the chair man of the ComWays&Means [Mr. Moment] in relation to the removal of the tax upon the transportation of railroads. He gives that as an insuperable argument against an claim made here for protection on coal. desire to say that the gentleman has overlooked the fact that from central and northern Penu sylvania there are lines of water communication by which the city of NewYork can be reached; and from man of the coal fields there there is a short transit y railway to the water transportation and therefore, inasmuch as water communication makes it of far less cost than the amount estimated by my friend, there is an eminent reason why we should afford protection to our own interests against foreign competition. I do not urge this in any spirit of hostility to the British Provinces, and I regret exccetlingl to bear upon this floor intimations which loo as if we were legislating in a spirit of indignation or resentment. I have no such feeling. But I think it is the duty of the American Congross to protect and foster the interests of American citizens. We can never pay the vast public debt which burdens this country unless we supply our citizens with opportunities to labor. An when the question is ctween British labor and American abor. I shall be compelled to advocate and maintain the interests of my own constituents. I now withdraw the amendment to the amendment.
Mr. LYNCH. If it is in order I move to amend the amendment by striking out from line 21 to line 25 inclusive, and inserting after line nine, on page 6, the words, “coal, coke, and culm of coal.”
The CHAIRMAN. The only amendment in order at this time is one to the amendment of the Gentfrom Pennsylvania, [Mr. Sru vsss] which is to strike out “ 50” and insert it $1 25 n
Mr. LYNCH. I move to amend the amendment by striking out “$1 25, ” and insertingiu lieu thereof the word “free.” My reason for offering this amendment is that, according to the statement of the chair man of the ComWays&Means, Mr. Moaniu] the internalrevenue bill which is to be brought in will give to this coal interest a much greater advantage than any roiectlou which this bill would afford, even with i the dut}I of $1 25 proposed by the Gentfrom Pennsylvania. The ComWays&Means propose to remit all the internal duties upon this commodity, and also to take off the duty E on its transportation. If this is to be done, I am opposed to taxing the fuel of the country. I am Opposed to it for another reason. The bill now before us will give us all the advan tages which we enjoyed under the reciprocity treatv, and for which we gave a free list embracing 28 articles. This bill will change the tar ill“of 1864 in only a very slight de ee. It proposes to put into the free list on y 2 articles which are not there already. It will increase the duty on 2 articles, tallow.nnd barley, and slightly decrease it on 5 articles, fish, lumber, potatoes, seed, and coal. The placing of 2 articles in the free list and the reduction of the duty on 5 others is all that we give under this bill for the continued enjoyment of the advantages which we have had under the reciprocity treaty. lfthat treaty gave us any advantages which compensated us for that long free list, I submit to the House whether we ought not to be willing to give for the some advantages the very moderate return proposed by this bill. I also submit to the House whether the article of coal should not, as suggested by the ComWays&Means go into the free list with firewood whether the fuel of the country ought not to forego the advantage of protective duties, provided it is exempted from the burdens of internaltaxation?
The CHAIRMAN. The gentlemans time has exired.
Mr. YNCH. At the request of the Gentfrom Ohio I withdraw my amendment, on condition he renews it.
Mr. GARFIELD. I renew it. Mr. Chair man, I only rise to say the distinguished Gentfrom Maryland [Mr. FTHOMAS] has utterly misunderstood and misapprehended my remarks. It was far from my purpose to disparage the extent and importance of the coal interest. On the contrary, I hold it to be one of the largest interests of the country. I know we have more coal than all other countries put together, so far as has yet been developed.
Mr. FTHOMAS. I misunderstood the Gentfrom Ohio.
Mr. GARFIELD. “hat I said was, the coal interest opposing our coal interest was small. Isaid that the revenue from our coal of 6 cents perton would ay within one quarter of the entire value of the coal brought from the Canadas. It seems to me, therefore, when that interest has thrived for ten years under free trade with Canada it can now survive 50 cents as a protective tariff. I withdraw the amendment.
Mr. FTHOMAS. I misunderstood the whole compass of the gentlemans speech. It is impossible for gentlemen in 5 minutes
Mr. MORRILL. I move that the committee rise to close debate.
Mr. KELLEY. Permit me to reply to the Gentfrom Ohio.
Mr. MORRILL. What. do the colliers receive?
Mr. KELLEY. If I had the report parliamentary I could s cak exactly a out. it. It is years since I rea it, and I do not carry all the minute facts in my mind; but I believe I have faithfully depicted the condition of these people as reported to Parliament by the commisston it raised to make the inquiry. Mr. MORRILL. I move that the committee do now rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. RAYMOND reporte that the ComWhole on the state of the Union had had the Union Generally under consideration, and particularly the bill of the House (No. 337) regulating trade with the British North American possessions, and had come to no resolution thereon. nusmsss roa proMouuow.
Mr. STEVENS. I should like to have a session for business tomorrow. [Several ME! HERB, “ Oh. no. ] There seems to be objection to that, and Iwill therefore ask thattomorrow be devoted, as Saturdays have been lately, to the discussion of the Presidents message asin ComWhole. No objection was made.
Mr. STEVENS. Let me give notice now, that next week I shall ask the House to hold evening sessions for business. REPORT ON IMMIGRATION.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyState, transmitting, in compliance with the act of July 4, 1864, a reart of the Commissioner of Immigration, on the expend itures, &c., since the establishment of the bureau; which was referred to the ComCommerce, and ordered to be printed. CLOSE or DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pendiu section, and the amendment thereto, of the bill now before the committee, terminate in one minute after the committee shall resume the consideration of the same. The motion was agreed to. TRADE wrrn BRITISH AMERICA Again.
Mr. MORRILL. I now move that the rules be suspended, and that the House resolve itself? perthousan into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended, and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. RAYMOND in the chair ) and resumed the consideration of House ill No. 337, regulating trade with the British North American possessions.
Mr. MORRILL. I merely desire to say that I am informed by gentlemen of this House that men who own a arge amount of capital in coal mines have received extravagant dividends for the last few years, and will receive them, even if this bill shall pass. I am also informed that there is a greater price paid for the labor of common co liers than that received by men of education or skilled artisans.
The CHAIRMAN. The time allowed by the House for debate upon this section has exired. The question being upon the amendment offered by Mr. STEVENS, it was put; and there were a es 6] noes 48. Mr. OBRILL. I demand tellers. Tellers were ordered; and Messrs. Sumatra and Monmu. were a pointed. The committee divided; reported ayes 66, noes 58. So the amendment was agreed to. The question then recurred on the motion and the tellers I of Mr. 1.THOMAS, to strike out the wholepara graph in relation to coal. i
Mr. FTHOMAS. I have been asked by so many gentlemen who have given friendly votes upon this question, to withdraw that motion, that I will do so. I now withdraw that motion.
Mr. DARLING. I more, proform. to strike out on line 5 the words “to say.” I am opposed entirely to all the provisions of this bill: Canada has not, neither has the mother country, commended herself to our special regard or consideration. If Canada wants any protection at our hands let her come under the protection of the stars and stripes, which protect the interests of all Who owe it allegiance and respect its power. I withdraw my motion.
Mr. BLAINE. Imove to strike out from line pix to line 11, on page 2, inclusive, as fol 0W5: On lumber, hemlock and spruce.round or sided. 1/2 cent or cubic foot: when hewn square. 3/4ths O onecent percubicfoot: whensawed, and valued at 7 dollars or lessper 1,000.one dollar per 1,000 feet; when valued at over 7 dollars per 1,000.two dollars per 1,00Ofeet and to insert in lieu thereof the following: On lumber, hemlock round, split, or sided, onehalf cent percubic foot; when hewn square, 3 quar tors of one cent or cubic foot; when sawed.onedol lur perthousan feet. On lumber. s rucc. round; split or sided.onehalf cent percubic oot; whenhewnsqunro, 3/4ths of onecentp? Ctllble foot; when sawed, 2 dollars oe. I offer this amendment with the assent of the chairman of the ComWays&Means; it only makes it more specific.
Mr. MORRILL. Allow me to say thatpersonally I have no objection to this amendment, but it has not received the sanction of the ComWays&Means.
Mr. BLAINE. I referred only to the Gentleman, not to the committee. As the provision reads now, it puts hemlock and spruce timber together and subjects them to the same duty. The question being on
Mr. BLAiNEs amendment Mr. ELDRIDGE demanded tellcrs. Tellers were ordered; and Messrs. Basin: and ELDBIDGE were uppointed. The committee divided; and the tellers reported ayes 65, noes 85. So the amendment was agreed to.
Mr. SPALDING. I move that the committee do now rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. RAYMOND reported that the ComWhole on the state of the Union had had the Union generally under consideration, and particularly the bill of the House (No. 337) “regulating trade with the British North American possessions, ” and had 1 come to no resolution thereon and then, on motion of Mr. ALLISON, (at 25 minutes to 5 oclock p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, March 10, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovxrox. The Journal of yesterday was read and approved.
The SPEAKER. By the order of the House, no business is in order today except debate as in ComWhole upon the Presidents annual messa e, upon which the gentle mun from Indiana[Mr. Oarn] is entitled5to the floor. TRUE BASIS OF RECONSTRUCTION.
Mr. SHELLABARGER. Will the Gentfrom Indiana, [Mr. Oirrn] allow me to interrupt him a moment at this point?
Mr. SHELLABARGLR. The Gentfrom Indiana has just quoted from the proclamation in regardto NCarolina. It is a carefully prepared state paperissued under the attest of the SecyState, and the language of that paperhas been 7 times repeated. It is to be found in every one of the 7 proclamations that have been issued, reconstructing 7 of the States which have been declared to be in insurrection. The language just quoted by my friend embraces the proposition that the rebellion in its revolution ary progress has deprived those States of all civil governments.
Mr. ORTH. In this connection, let us see what that clearheaded patriot, General Schum, says in his report to the President: “There are 2 principal points to which I beg to call your attention. In the rst place, the rapid return to powerandinfluenceof so many of those who but recently were engaged in a bitter wnr Mainst the Union has had one effect which was certainly not originall contemplated by the Government. Treason does, uiil er existing circumstance mnot appear odious in the South. The people aroi iotimpressed With any sense of its criminality and 2ndly.there is. as yet. Among the southern people an utter absenceof national feeling. I made it a business while in the South to watch the symptomsof:IOUHHIDRloyalty as they sppenred.not only in rivnte conversation but in the public press and in the speechesdelivered and theresolutionspassedat Union DICCUHKS.Hardly everwas there an expressionof heartyattachmentto the great Republic, or an up cal t of the impulses of patriotism. but whciicicrsu mission to the national authority was declaredand advocated.it was almost uniformly placed upon 2 Dllflllpnl grounds: that, under present circumstances, the southern peoplo could do no better; and, then, that submissmnwas the only means by which they could rid themselves of the Federal soldiers, and obtain oncemore control of their own affairs.” I “The emancipation of the slaves is submitted to only in so far asclinltcl slavery in the old iorm could not be kept up. But although the freedman is no longer considered the property of the master, he is considered the slave of society, and all independent State legislation will share t oicndency to make him such. qIhc ordinances abolishing slavery, passedby the conventions under the pressure of circunvtance s, will not he looked upon as barring “1o establishment of a new form of servitude.
Mr. THAYER. If the Gentfrom Indiana [ML Onrn] will permit me, I would like to have read at the Clerks desk a letter which I have just received from the State of Georgia. As it has a direct bearing upon the facts and questions the gentleman is now offering to the case, it maybe well to have it read.
Mr. THAYER. For obvious reasons, I withhold from publication the name of the writer of this letter; but I desire to say that he is well known to me. He is a citizen of Philadelphia, of the most unimpeachable veracity and of the highest character; a gentleman whom I have known for many years, and about whose words no man can express the slightest doubt. I desire to say further, that the writer of this letter is a gallant officer of the Army of the U.S., and while serving in defense of his country he has received 2 rebel bullets through his body.
Mr. ELDRIDGE. Does he support President Johnson or congress?
Mr. THAYER. he is for his country and against traitors everywhere.
Mr. PRICE. I desire to ask the gentleman, with his consent, whether there may not be some mistake here. When I remember most distinctl that the public press of the country for the last few weeks has been repeating the name of a certain “Tnsnnsvs Srsvsxs” as having been used by the President in a certain speech at the White House, and when I hear a gentleman whom I suppose to be the Tnannsus STE vsss referred to s cal: in such strong terms in favor of the President, I wish to know whether is the same gentleman, or some other. [ aughter.]
Mr. STEVENS. Why, Mr. Speaker, does the learned Gentfrom Iowa [Mr. Pnics] suppose for a single moment that that speech, to which he refers as having been made in front of the White House, wasa fact? [Laughter.] I desire at this time to put the gentlemanricht. What I am going to say now, I do not wisdi to have reported. It is a confiden tial communication, and I presume none will violate the confidence I repose in them. [He neWed laughter.] Sir, that speech which has imposed upon the Gentfrom Iowa, which has had is considerable run, and has made some impression upon the public mind, was one of the grandest hoaxes ever perpetrated, and has been more successful mover did utter it. than any except the moon hoax, wh hI am told deceived many astute astronomers. Laughter.] I am glad to have at this time the opportunity (althoughIdo not wish the matter to go before the public, for they might misunderstand my motives) to exonerate the Presidentfrom ever having made that speech. [Renewed laughter.] It is a part of the cunning contrivauee of the copperhead party, who have been persecut in our President since the 4th of March last. why, sir, taking advantage of an unfortunate in cidentwhich ha )pened on that occasion, [laughter] they haVe peen constantly denouncing him as addicted to low and degrading vices. To prove the truth of what I say about this hoax, Isend to the Clerks desk to be read, a specimen of this system of slander. It is an extract from the NewYork World of March 7, 1865. Let the Clerk read that vile slander from the leading paperof the Democratic party.
The Clerk read, as follows: “ the drunken and beastly Caligula. The most prodi the of the Roman emperors, raised his home to the ignity of Consiil an office that in former times had been filled by the greatest warriors and statesmen of the republic, the Sripius and Cates and by the mighty Julius himself. The oonsulship mmscarcely more disgraced by that scandalous transaction than is our Vice Presidency by the late election of Andrew Johnson. That office has been adorned in better da s by the talents and accomplishments of Adams an Jc ferson. Clinton and Gerry. Calhoun and Van Buren and now to see it filled by lhu insolenl, drunken brule, in comnrlnvmmlhuliomcum (liligulan horserm. re 51700111f1o1r 0t, he poor animal did not abusehis own natural and to think that only one frail life stands between Ihin{um/mt. clannish llrmilsard and the pres ltlmpyl May God bless and spare Abraham Lincoln
Mr.. STEVENS. Now, Mr. Speaker, is nv any wonder that
Mr. NIBLACK. I beg to inquire of the Gentleman whether that may not a so be a hoax of the same kind as the Presidents speech.
Mr. STEVENS. That was a serious slander which appeared as an editorial in the NewYork World. That party, taking advantage of an incident which it is thourlit by many they themselves brought about, Iiave been persecuting the President with such slanders as that ever since. But, sir, although they have asserted it from time to time, they have never made the loyal republican people of this nation believe it, and they never could. We never credited it, but looked with indignation upon the slander which was thus uttered against the President of our choice. Being, therefore, unable to fix such 0dium upon our President by evidence which the lawyers would call aliunde, they resort, with the skill of a practiced advocate, to another expedient. My friend before me, [Mr. BINGHAM] if he were trying in court a case de lunatico inquirmdo and if the outside evidence were doubtful, leaving it questionable whether the jury would adopt the view that insanity existed, would cautiously lead the alleged lunatic to speak upon the subject of the hallucination, and if he could be induced to gabble nonsense, the intrinsic evidence of the case would make out the allegation of insanity. So, Mr. Speaker, if these slanderers can make the people believe that the President ever uttered that speech, then they have made out their case. [Laughter] But we all know he [Laughter] It is not possible, sir, and I am glad of this opportunity to relieve him from that 0dium. gut they had wrought it u in such a cunning way Mr. WIN IELD. The gentleman will allow me. May not we hope that the injunction of secresy will be removed from this earnest, generous, and sincere defense?
Mr. STEVENS. I hope not. [Laughter] I hope the gentleman will not violate the confidence I have placed in him and ull others. [Renewed laughter.] It is a confidential communication. Now, Mr. Speaker, theyworked it uppretty cunningly, enough to impose upon the people. For instance, they went into circumstantial account, as in the moon hoax. They pretended the counsel of the assassins of the iiite President cscorted himjfl gbe stone wall on which they say he moijgmegp front of the White House; and they said he was supported by a late rebel mayor of this city, who was gratui tously furnished lodgings in one of our penal forts for some time. [Great laughter.] All these circumstances they threw about it. The people may have been deceived; but we who knew the resident knew it was a lie from the start. [Renewed laughter.] Now, sir, having shown my friends that all it is built upon is fallacious, I hope they. will permit me to occup the same friendly position with the President did before. [Laughter]
Mr. PRICE. I am satisfied the House and the country will agree with me there was a mistake, a very great mistake, and nlthough I have not lived as ong as the Gentfrom Pennsylvania, I have found history cannot always be depended upon, and but for this accidental occurrence that would have gone down in history as a fact. Probably, sir, the present and succeeding generations would not have discovered it had not this fact been opportunely developed. Laughton]
Mr. GRINN ELL. My friendfrom Nevada will allow me to remind him that one of the great objections that was urgedagainst the principle of representation based on voters was that it would offer a direct inducement to Maryland and Missourito accord the exercise of suffrage to those who have been engaged in the rebellion, and who for that reason are now excluded from voting in those States.
Mr. HIGBY. With the consent of the Gentfrom NewYork I will move to
Mr. HOLMES. Iwill consult the waisdLoeusron.f members of the House whether I shall speak now or at a future time. Either will suit my convenience.
Mr. HULBURD. I Would inquire whether there will be an opportunity hereafter?
The SPEAKEI. The Chair will state that the accumulation of public business is such that it is doubtful whether more than another Saturda can be devoted to general debate.
Mr. IGBY. Then I withdraw the motion to adjourn.
Skip Skip LEAVE OF ABSENCE. Mr. HILL obtained the floor and stated that he desired leave of absence for his colleague, Mr. WASHBLRN, of Indiana. Leave was accordingly granted.
Mr. GRINNELL. With the consent of the Gentfrom Indiana, [ML HILL] I move that the House do now adjourn. The motion was agreed to; and (at 5 oclock p.m.) the House adjtohuerrnee upo.n
Skip Skip PETITIONS, ETC. The following petitions. &c. were presentedunder the rule and referredto appropriate committees: 1 By Mr. BALQWIN: The petition of the Worcester Mechanics Savings Bank. 0t Worcester. Massachusetts.for relief from the tax on depOSitsin savings banks. Also, the petition of the North Brookfield S vings Bank. of orth Brookfield. Massachusetts. of the sameeffect. By Mr. BEAMAN: A Board offrade of the communication from the citylof Detroit. recommending that Congressmake em: appropriation as may be nce essa to pay the expensps of trn sportution of articleslfbr exhi ition to purisnpd bac. on the coopsion of the Universal Exposition to be opened In. P A 1.180". iiis Mr. IllNDYiTho petition ofWillinm crimberlain and 125others. citizens of Vintou and Meig s counties. Ohio. for a post route from Hamden. in Vinton count, via Eagle Furnace. Wilkesvillc, and Rutland. to it iddlcpnrt, in lllcizs county.Ohio. By Mr. McKEE: A petition of soldiers and citi lpns of Kentucky, asking an equalization of boun tics. By Mr LONGYEAR: the jictition ofA. N. Hart and 0th. of Lansing. Michigan. nskinlzforum extension of the land grant to the Amboy, Lansing and TrayerseBuy Bailraid Company. in the State of ic igan Also. the petition of R. J. Bell and others, ofWind lot. Eaton county. Michigan. for the samepurpose.
@@@IN SENATE SENATE. Monnav, March 12, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Secretary proceeded to read the Journal of Frida last.
Mr. GRIMES. I move that the reading of the Journal be dispensed with.
Mr. GRIMES. It is very long; there are many yeas&nays; it covers 30 pages, and will consume a great deal of time.
The PRESIDENT proIempore. The read inv can be dispensed With by unanimous censciit on y, as the rule requires the reading of file Journal. No objection being made, the roadie! is dispensed with. 1320 EXECUTIVE COMMUNICATIONS.
The PRESIDENTpro iemporelaid before the Senate a communication from the SecyInterior, transmitting. in obedience to law, copies of the accounts of the superintendents and agents having charge of the tribes of chickasaws, Semine les, Wic iitas, &c., for the 3rd uarter of $65; which was referred to the ComIndAffrs.
The President protempore also laid be fore. the Senate a message from the POTUS, transmitting, for the consideration of the Senate, a copy of a letter of the 21st ultimo, from the Governor of the territory of Coloradopto the SecyState, with the memorial to which it refers, relative to the location of the Pacific railroad; which, on motion of Mr. Coxxsss, was referred to the ComPacificRR.
The President prolempore. It will be so referred. The Chair will remark in this connection that he received. he presumes, a copy of the same petition or the original of the same and presented it to the Senate some ten da 5 ago, and that is already in the hands of O ComClaims. PAPERS WITHDRAWN and REFERRED On motion of
Mr. MORGAN, it was Ordered, That the memorialof E, Drown, jr. of the city of NewYork. praying for additional compensation for serviccs rendered asan artist with the naval expedition, under Commodore Per, to Jggan, be taken from the tiles of the Senatean referr to the ComNavAffrs. auronrs or comm rims.
Mr. WILSON, from the ComMilAffrs to whom was referred aJtResolution (S.No.31) mani festing the sense of Congress toward the officers and seamen of the vessels, and others, engaged in the rescue of officers and soldiers of the Army, the passengers and the otheers and crew of the steamship SanFranciseo. from perishing with the wreck of that vessel, reported it without amendment. He also. from the same committee, to whom was referred a JtResolution (S.R. No. 35) to fix the rate of mileage for officers traveling on ublic duty, reported it without amendment. O also, from the same committee, to whom was referred a.bill (S.No.81) ceding to the State of WestVirginia the lands and tenements, with the rights, privileges, and appurtenances thereunto pertaining, belonging to the U.S., and ying and beingin the county of Jefferson, at Harpers Ferry, in the State of, WestVirginia, reported adversely thereon.
Mr. DAVIS, from the ComClaims, to whom was referred the petition of P. A. Wheeler, acting chaplain and asst quar termaster, praying for the passage of an act relieving him from all responsibility for money stolen from him on the 80th of September, 1865, at Eastville, Virginia, submitted an adverse report thereon. I BILLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.195) to amend an act to provide for the payment of horses or other property lost or de stroyed in the military service of the U.S., approved March 3, 1849; which was read twice by its title, and referred to the ComMilAffr and the Militia.
Mr. WILLIAMS asked, and by unanimous consent Obtained, leave to introduce a bill (S.No.196) to extend the port of entry of the collection district of the State of Oregon; which was read twice by its title, and referred to the ComCommerce. APPORTIONMENT OI" REPRESENTUHON.
Mr. GRIMES. I believe my time has comeI Mr. President, to offer an amendment to the Constitution, and I propose to submit one. There being no objection, leave was ranted tointroduce a JtResolution (S.R. o. 42) proposing to amend the Constitution of the U.S.: which was read twice by its title.
Mr. GRIMES. I ask that it be read at length.
The Secretary read, as follows: Remlved. dire"That the following article be proposedto the Legislatures of the several States as an amendmentto the Constitution of the U.S. which. when ratified by 3/4ths of said Legislaturtis shall be valid as part of said Constitution. name y: Anricul. Representatives shall be apportioned among the several States which may be included within this Union according to their respectivenumbers, counting the whole number of persons in each State. excluding Indians not taxed; but whgneverin any Statethe elective franchise shall bedeniedtoany portion of its male citizens above the ageof 20 one years. except for crime or dislo why. the basisof representationof such State shall O reducedin the proortion which the number of male citizens so as nded shall bear to the whole number of male 01 over 21 years of age.
Mr. GRIMES. I simply desire to say that I do not know whether I am myself in favor of that preposition or not. I have taken it from approposition submitted by a distinguished Representative in the HoRep, Mr. BROOMALL, and as it came according to my construction of it nearer to what I thought Ought to be adopted after the Senate rejected the proposition which was before it last Friday, I have deemed it proper to offer it to the consideration of the Senate, so that when this question shall come up again it shall be one of t I e number of propositions that shall receive its consideiation. I move that it be printed. The motion was agreed to.
Mr. HENDRICKS. Does not that proposition go to the committee of 15?
Mr. GRIMES. They have reported on this subject, and this is an amendment I propose to other.
Mr. WILSON. I ask leave now to introduce an amendment which I intend to repose to the amendment proposed by the Senfrom Wisconsin [ML DOOLITTLE] to the JtResolution (H.R.No. 51) proposing to amend the Constitution of the U.S., which I ask to have read.
The Secretary read it, as follows: Representatives shall be apportioned among the several Statesaccording to the number of male citizens over 21 years of age having the qualifications requisite for electors of the most numerous branch of the State Legislature: citizens possessing like qualifications disfi anchised for participation in any rebellion; and personsof like agenot naturalized. The uumber of Representatives shall not exceed one for every 100,000 ofactual populntion, but each State shall have at least one Representative. The proposed amendment was ordered to be printe.
Mr. SUMNER. I ask leave to send to uh Chair an amendment which, at the propertime, I hope to offer asa substitute for thement amendment apportion to the Constitution which has been under discuss mu so longin this Chamber. I ask to have it read and printed.
The Secretary read the amendment, which was to strike out all after the word “namely” at the end of the 6th line of the resolution (H.R.No. 51) proposing to amend the constitution of the U.S., and to insert in lieu thereof the following: AaricLs. Representatives shall be apportioned among the several States which may be included Within this Union accordingto their respectivenumbers, which shall bedetermined by taking the whole number of persons, nndexcluding ndinni Ine ttaxed: Provided, but whenevermale citizens of the U.S. over the age of 21 years shall be excluded from the electi franchise in any State. except for participation in rebellion, the basisofrepresentation therein shall be reduced in the proportion which the number thus excluded bearsto the whole number of male citizensof the U.S. overthe age of 21 years in such State.
Mr. SUMNER. With the indulgence of the Senate, I will merely call attention to the fact that that proposition is not open, I think, as Will appear on its face, to any evasions; in the 2nd place, it contains no words which can imply an recognition of inequality of rights; an, in te3rd place, it contains no words which can imply any recognition of the rivht of a State to disfranchise on account of color or race; and therefore it seems to meet the ob?Ci.lOllS which were adduced against the pending proposition.
The President protempore. The order to print Will be made, if there is no objection. CLERK TO A COMMITTEE.
Mr. CONNESS ubmitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the ComMines and Mining be authorized to employ ii.clcrk. WIDOW 0? CHARLES W. PURCELL.
Mr. LANE, of Indiana, submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, that the ComPensions be instructed to inquirp into the expediencvand proiriety of a rantingupension to the widow of Charles. Plll: cell, late a 2nd lieutenant in the 3rd.Missouricavalry, and report by bill or otherwise. 4 IMPROVEMENT OF FOX RIVER HARBOR.
Mr. HOWE submitted the following resolution; which was conSidered by unanimous consent, and agreed to: toBeautiful.Th at the SecyWar bodycrmested furnish the Senatewith nny information in us possPFHODas to theine ncy required for the improvement of the harbor at the mout of Fox river, in the State of “I iscoiisin. BILL BECOME A LAW.
Skip Skip A message from the POTUS, by Mr. WILLIAM G. Moons, his Secretary, announced that the President had approved and si ned, 0d the 10th instant, a JtResolution (S.No.36) providing for expenses incurred in searching for missing soldiers of the Army of the U.S., and for further prosecution of the same. BONDED WAREHOUSES.
Mr. SPRAGUE. I move that the Senate proceed to the consideration of the bill (H.R.o. 135) to extend the time for the withdrawal of goods for consumption from public store and bonded warehouseI and for other purposes. The motion was agreed to.
The President protemporetion is, Will the Senate reconsider their vote passing this bill?
The President protempore. The morning hour having expired, it becomes the duty of the Chair to call up the special order for one oclock, which is Senate bill No. 74, for the admission of Colorado into the Union.
Mr. CONNESS. I move to postpone the special order and all prior orders that we may proceed with this question and have a vote upon it.
Mr. RAMSEY. If that motion should be agreed to, when will the Colorado bill come 11 7 pMr. CONNESS. The Colorado bill will come u immediately afterward. The PRESIDENT tempers. The motion is that that special order and all other orders be postponed in order to proceed with the discussion of the bill on which the Senfrom RhdIsland is now on the floor.
Mr. STEWART. Why not postpone the Colorado bill until 2 oclock, so that it Will not lose its place?
Mr. CONNESS. I wish to say to the Senfrom Nevada, and those interested in Colorado, that I have always been in favor of proceeding with the consideration of that bill; but it is palpable to those gentlemen and to all Senators that unless we determine to continue the consideration of the measure nowbefore uswe shall never be able to get a vote upon it. I beg also to call attention to the fact that the 1st of April is fixed in this bill as the period of time within which only these goods may be withdrawn, and therefore unless we soon come to a vote upon it, it will be utterly useless to pass the bil at all. I propose when we do come to a vote to have the hi 1 reconsidered, for the purpose of amending it so as to substitute the 1st of May for the 1st of April, so that it may be applicable on the Pacific coast.
Mr. STEWART. I will not object to continuin the consideration of this bill, but I should like to have a general understanding that the Colorado bill shall come up when this bill is throu h, so that it shall not lose its place.
Mr. CONNESS. I presume that is the feeling of the Senate.
Mr. RAMSEY. Could not the Senfrom California amend his motion so as to fix some specified time for the Colorado bill to come up?
Mr. CONNESS. The Senator will see that that is impossible. I do not know when the honorable Senfrom RhdIsland willcon elude his remarks. There is no Senator that I know of who desires the passage of this bill that has asingle word to say on the subject, and when the honorable Senator shall get through we shall proceed to vete. The Senfrom RhdIsland may be able to answer the Senfrom Minnesota as to when that maybe. (Mr. MCDOUGALL. I desire to say to my friendfrom Nevada that this is a very important measure for our coast and all the commercial cities. I think it should be acted upon promptly. I am of the o iniorn that we can take u the Colorado bill a erward, and I shall be gla to give it my support; but this measureis one of great importance, even if RhdIsland thinks not.
The President protempore. It is moved that the special order and all prior orders be postpone in order that the discussion may proceed I! on the bill on which the Senfrom Rho e Island is upon the floor. The motion was agreed to.
The President protempore. The quesationiw, Will the Senate reconsider the vote, passing this bill?.
Mr. CONNESS. I hope the Senate will agree to the reconsideration, so that we may make the amendment in the bill that I have proposed. the mtR agreed to.
Mr. CONN RSS. I now move that the vote orderin the bill to be read a 3rd time be also reconsir cred.
Mr. HENDRICKS. I should like to know what is the object of that .
Mr. CONNESS. I Wish to offer ag amendment, and I will explain the amendment that I design to propose in a moment. The motion was agreed to. T PRESIDENT protempore. The bill is now before the Senate and is open to amendment.
Mr. CONNESS. I move to amend the bill in the 4th, 11 th, and 13th lines of the 1stsection, by strikingoutthe word “April” and inserting “ May.” It will be remembered by Senators that this bill has been pending on this motion to reconsider for some 7 or 8 weeks past. As it now stands, the 1st section reads: a That on and after the nssagoof this act and until the lst day of April, 866, any goods.wurcs, or merchandise under bond. in any public or private bondedwarehouse, uponwhich the dutiesareunpaid, may bewithdrawn for consumption.&c. Unless the amendment thatI now suggest he made, there will be no time for the operation of this bill in the ports of the Pacific coast, and therefore it is necessary to give this extension of time, which is not an extension equal to the amount of time that the measure has been de layed in this body, but it will be perhaps sufficient. The amendment was agreed to.
Mr. SPRAGUE. I desire to submit some amendments to this bill. In the 13th line of the 1st section, I propose to strike out the words “one year” and toinsert “ 3 months;” in the 16th and 17th lines I propose to strike out the words “one year” and to insert “ 3 months;" in the 17th line I desire to strike out the words “the expiration of 3 years from said date, ” and to insert “January 1, 1867;” and in the 21st line I desire to strike out the word “ten” and to insert “25.” I desire simply to say in reference to these amendments that they are almost in the letter of the act of August 5, 1861. I have some other amendments to offer but not to that section.
The President protempore. The question will be on the 1st amendment proposed by the Senfrom RhdIsland, in section one, line 13. to strike out the words “ one year” and to insert “ 3 months 3” so thatit will read: May be withdrawn for copsumption within 3 ine nt s from the dateof original importation on payment of the duties. kc.
Mr. SPRAGUE. Iask for the yeas&nays on that amendment. The cas&nays were ordered.
Mr. FESSENDEN. I wish simply to say that this amendment will change the existing law on the subject. One year is now allowed for the withdrawal of the goods for consumption. That period was fixed upon alter very considerable deliberation in the passage of the last tariff bill. That is the law now. The have the privilege of withdrawing the goo s at any time within one year. This period of 3 months was adopted in a former law, but was afterwards deliberately abandoned, and one year was thought to be a propertime.
Mr. HENDRIC (S, I suggest to the Senfrom RhdIsland that although I am inclined to vote with him upon this measure, still I would not feel justified in voting upon these amendments now. I think if this hi 1 is to becomes law at all, the framework of it adapting it to our general policy ouflhtto come from a committee of this body, and we ought not to pass a bill which will be greatly changed by amendments thrown upon the Senate in this way which we cannot consider, and which we cannot understand in their bearing upon the general system. I will not vote for these amendments because I do not understand what may be their effect upon existing laws. I will vote on the general proposition with the Senator on the ground that Itiink 3 years is too long a time to hold goods in warehouse. I do not think the Government ought any more to go out of its way to encourage importations than it ought to go out of its way to discourage importations. I think, in other words, that the frame work for the collection of revenue and the whole system for the collection of revenue ought to be with. aview of getting revenue, and not for the purpose of encouraging or discour agingim ortations. Areasonabletime, I think, is euoug 1 to allow importers.
Mr. SHERMAN. I should like to have an explanation from the Senfrom NewYork in regard to this measure. I think the present law allows one year after the importation to pay the duties.
Mr. SHERMAN. Then this bill stands precisely in the same way, and what is the use of. passm it?
Mr. SHERMAN. Then I do not see any object in assin it. If the amendment of the Senfrom RhdIsland should be adopted, as a matter of course it would render the bill nugatory because the provision of this billis that goods “ may be Withdrawn for consumption within one year from the date of original importation.” That is the present law, and I do not like to reenact the present law unless some reason can be ven or it.
Mr. FESSENDEL. This is a revision of the existing law on the subject.
Mr. SHRRMAN. I must confess I do not see an objeet in passing the 1st section of the b. this but a repetition of the present law.
Mr. MORGAN. If this bill should become a law as it passed both Houses originally there are 2 points only contained in it. In all the larger ports there are some quantities, not very large, of merchandise left Over, that have passed beyond the period of one year. If this bill passes the merchant having goods thus situated will be enabled until the 1st of April the Senfrom California, in order to meet the case upon the Pacific coast, proposes to change that to May to enter these goods, these remnants, if I may so call them or whatever th are. They cannot enter them for consumion unless this bill is passed. It is impossib c, because they have been in store more than one year, and they will be compelled to export them.
Mr. SHERMAN. That is the very thing to which I wish to ask the attention of the senator. They have but one year from the date of original importation, and if that year has already asse this bill does not cover them.
Mr. FESSENDEN. The are covered by the very 1st clause of the hi 1.
Mr. MORGAN. The object they have in view will be accomplished if this bill passes. They will be enabled to enter the goods for consumtion and pay the duties. that is the effect of that portion of the bill. Now, what else does the bill provide? It does not change the law in relation to the withdrawal of goo within one year from the date of importation, but it provides that if at the eXpiration of one year hereafter there are any goods remaining, on paying 10%. aditional they can also be entered for consumption. Instead of the merchants comin here as they do now, asking Congress for this privilege of entering their goods, it has been proposed that they be required to ay 10%. additional and not come to conress and not be compelled to export them. That is all the bill contains. There is nothing else in it except those 2 points. I want to be extremely accurate when sa that is all. The Secretary proceeded to call the roll, and Mr. Amnom answered to his name.
The President protempore. The call of the roll is commenced, and one Senator has answered. The Chair will recognize the Senfrom RhdIsland, however, if there be no objection.
Mr. FESSENDEN and others. The senator rose before the call.
Mr. SPRAGUE. I rose before the call commenced. I will suggest that I will submit an amendment.
Mr. MCDOUGALL. I rise to aquestion of order. The call of the roll has cen comIt is the same as far as menced, and an answer given, and I object to d ebate.
The President protempore. Thatis the rulefbut the Chair is reminded by Senators, and thinks the fact is so, that the Senfrom RhdIsland rose before the answer of the 1st Senator was received. The Senfrom RhdIsland is entitled to the floor.
Mr. RIDDLE. If the Senator will allow me a moment I wish to makea suggestion. I have no doubt that the Senator rose before the name of his colleague was called, but I wish to s. gest to my friendfrom RhdIsland, as this is an important bill, that he submit all of his amendments together, and that they be ordered to be printed before we are called upon to act upon them.
Mr. SPRAGUE. If it is in order I will move that the amendments I have suggested and those I will now send to the Chair may be printed, and the bill with the amendments be referred to the ComFinance.
Mr. CONNESS. I rise to a question ofor der. The yeas&nays having been ordered on an amendment which is now pending in the Senate, the Senators motion is not now in Order.
The President protempore. The Chair thinks the motion is in order.
Mr. CONNESS. Then I call for the yeas and no s upon it.
The PRESIDENT otemporc. The motion of the Senfrom RhdIsland is that the amendments which have been proposed to the bill be printed, and that the bi be referred to the ComFinance."
Mr. PRAGUE. My motion includes not only the amendments that I have already proposed, but also the amendments that Lnow send to the Chair, which are proposed simply to perfect the bill in accordance with the original amendments that I offered limiting it as to time.
Mr. GRIMES. Are these all the amendments that you propose?
Mr. GRIMES. Then I think we ought to have them printed, and we can take up the bill tomorrow.
Mr. conNESS. They are easily under stoud, and I do not think it is necessary to postpone the bill.
The President protempore. It is moved that the bill and amendments new seat to the Chair, and those already read, be printed, and the bill with the amendments be referred to the ComFinance.
Mr. FESSENDEN. I should like to inquire whether that motion is not divisible.
Mr. FESSENDEN. It may be well enough, perhaps, to print the amendments if they are numerous; but it is entirely unnecessary to refer a bill of this kind to the ComFinance. It has been already before the ComCommerce, and been reported by them, and has been before the be a long time, and we have spent, a eat dea of time upon it. I really hope it will not be sent to the ComFinance.
The President protempore. The Senfrom Maine asks for a diVision of the question, and the motion will 1st be on ordering the amendments to be printed.
Mr. CONNESS. there can be no use on earth for gfinting those amendments. There is not a Senator in this body who does not understand what the amendments are, and therefore I call for the ycas&nays upon the motion. I hope that the Senate will do nothing of the kind. The ess&nays were ordered.
Mr. cDOUGALL. I think no Senator on the floor misunderstands the purpose of these amendments. They are all of one order and against the policy of the bill. I think it is well understood, and I think these amendments are merely delayin time in postponing the consideration of the question. As the Senfrom Maine so a, it is not worth while to refer the bill to the ComFinance. It has been before the ComCommerce. I.I believe all are prepared to vote on every one of these amendments, because all of them involve the very same question, differing with the report of the committee in presentingohis ill.
The PR SIDENT protem re. The me itionow ism print the menments. interest which ought not to be regarded as an
Mr. HENDRICKS. For some reason or other this bill attracted but little attention when it was before the body upon aformer occasion, and it is now receiving that consideration which if its importance had attracted the attention of the Senate it would then have received. lhave great confidence in the Senfrom Maine who reported this bill as much so as any Gentleman can have but I think this bill ought to be investigated by the ComFinance. I have always felt, in my connection with any legislative body, the great importance of sending every measure to its appropriate committee. The investigation in the committee room, I think, is worth more than the investigation anywhere else. Now, this bill relates to the financial system. I will ask the chairman of the ComFinance if the original measureor policy of establishing bonded warehouses did not come from that committee, and if the time now fixed for the withdrawal of these goods was not upon a bill reported by that committee, or did it come from the ComCommerce?
Mr. FESSENDEN. I can inform the honorableIScuatorthat I really do not know. I was not a member of Congress at the time thlel original system was adopted, and I cannon te.
Mr. HENDRICKS. Well, sir, I will venture to guess and I do not think there can be any doubt aboutit that it did come from the Financial Committee, because it relates to the collection of the revenues of the Government. It isaquestion as to the credit that shall be given on the payment of duties from importations. How that can be considered a question of commerce I am not able to see. This is an important bill, whether the credit shall be one year or 3 years. The 10%. thatis referred to by the Senfrom NewYork is not a matter of much consequence. It is only 10%. upon the tax. This bill proposes to give 3 years credit on the payment of duties upon importations provided the party will an additional 10%. upon the tax itspeal y. That is not much. It is a change of the system by which we coiled our revenue, and I think it ought to go to the ComFinance. My judgment does not approve of such a long cre it. I cannot see that it is right, either for the interest of the Government or dealing fairly by the manufacturing interest of the country. It seems to me that it may place the manufacturers of this country in an embarrassing position if we allow goods to be brought from foreign countries and piled up in great nantities in the warehouses to be thrown upon 31c market at any time that cannot be anticipatd by the manufacturers, it may be this mouth, it may be next month, and it may be 6 months, according to the caprice of the importers. I do not think it is right; but if the ComFinance will say that this is a propermeasure I will withdraw my objection to it. It is a matter relating more to the frame work of the revenue system than to its very merits, and of course I would yield my judgment to the opinion of that committee; but I do not think this is a question of commerce. I think it is one that relates to the revenues. a
Mr. CONNESS. The question before the Senate, it appears now, is on the motion to print these amendments. I lmpe we shall get a vote on that question. When that is disposed of I shall have a word to say about the question of reference. the question being taken by ess&nays, resulteyeas 12, nays 22; ABSENT 16. So the motion was not agreed to. The President profempore. The remainder of the motion is that the bill and amendments be referred to the ComFinance.
Mr. MORRILL. In reply to my honorable friendfrom Indiana, I desire to an that the subject matter of this bill is certainly not one of finance. If there is any question touching finance in it, it is incidental. The bonded ware house system as a measure was a commercial measure, a measure of commerce the regulation of commerce. This is a proposition to amend that measure. The tax which it proposes was simply an incident. Therefore, I submit that the subject matter is not as my honorable friend supposes; it isthe regulation of commerce, and the tax is simply an incident. Therefore, it does not properly belong to the ComFinance. Another reason urged by the honorable senator why it should be examined by the ComFinance I am not sure that I quote him exactly "is, that it involves aquestion of the interests between commerce an American industry manufactures. What is that question I Is that finance? r
Mr. MORRILL. Thatis incidental, undoubtedly; butif it is a question, it is a mixed question, to say the best of it; it is a question falling as preperly under the ComCommerce, I submit, as the ComFinance. It embraces 2 systems, neither of which originally belonged to the ComFinance. One of them, certainly, the question of commerce, would go to the ComCommerce, and the question of manufactures would go to the committee of which m honorable friendfrom RhdIsland is himself chairman. I submit, therefore, that the bill has received the consideration of the committee to which it properly belongs. If the Senate are satisfied that it has been properly considered, I hope that it will not reer it to the ComFinance, and that the bill will have the action of the Senate at the present time.
Mr. VANWINKLE. I should like to ask the Senfrom Maine, who I believe reported this bill from the ComCommerce, whether the question that has been raised by the honorable Senfrom RhdIsland as to the effect of this long credit, this long time for the sterage of these geods, upon manufactures has been considered by that committee; and if so, whether he could give us some information on the subject: My own ini pression is that the foreign manufacturer has a great advantage over the domestic manufacturer in this way: he can pile up goods of a certain kind in these warehouses. am the American manufacturer is debarred from manufac turing the same kind of goods for fear of over crowing the market, and when the foreign manufacturer sees a favorable opportunity, or when he sees some American manufacturer about embarkin in it, then we have the old game so often p ayed by English manufactur ers, and it has been said assisted at times by the English Government, of throwing these goods on the market to crush the American manufacturer. If I am wron in this, if there is no such possibility, I should like toknow it. If the ComCommerce considered thatquestion,perhaps there is no necessity for a further reference of the bill; but I should be inclined to adopt the gentlemans own suggestion and send it to the ComManufactures for a report on that subject.
Mr. MORRILL. In reply to the Senfrom WestVirginia, I will say that subject was considered by the ComCommerce, and it was referred to the SecyTreasury for information. I did not report the bill to the Senate, though I considered it in committee. The Senfrom NewYork [Mr. MORGAN] reported the bill to the Senate, and he had the information from the SecyTreasury which satisfied the committee that.upon the precisequestion submitted by the Senfrom West irginiathere was no reason for apprehension. I will give way to the Senfrom NewYork, who will give the Senator more information than I can on that point.
Mr. MORGAN. The billwas submitted to thm SecyTreasury and met his entire approval. The view that he took of it was, that inasmuch as at the expiration of a year the importer could export his goods to Canada or any near port in the West Indies and import them again, that expense might as well O into the Treasury. He therefore thought that an additional duty of10%. would be equiva lent to the expense of exporting and reimporting, which he thought belonged to the Treasury. The bill was drawn in the Treasury Dept originally.
Mr. CONNESS. I wish to point out to some Senators, if I can get their attention upon this very point, the facility with which this exortation may be made on the Pacific coast. The port of SanFranciseo is the 3rd in degree in the payment of duties on foreign imports in the U.S. The port of Victoria, a British ort in British Columbia, within 2 daysof SanFranciseo, is a free ort, to which these goods may be exported an brought back and entered less the 10%.; and we stand in our own, light and encourage foreign industries and fbreign trade, and throw obstacles in the way of gettin duties upon imports if we fail to pass this hi 1. I bol in my hand a letter received this morning from a Boston merchant, who has a cargo of hides which has remained more than a year, by an error, as he states, in bond. He desires to withdraw them, and he cannot do it without the passage of this bill. He wants to pay the Government the duty upon them. He is compelled to export them. Similar statements have come here year after year, and now a general provision is proposed to meet these difficulties that have been provided by special legislation each ear, and to impose 10% additional or the privilege, and there is Opposition to it.
Mr. HENDRICKS. I will ask the Senator another question. Is not that quite as likely to occur at the expiration of 3 years as at the exiration of one year?
Mr. FESSENDEN. Because they cannot kee them that length of time.
Mr. HENDRICKS. The parties hold them over a year, and I do not see but that they are just as likelylto hold them 3 years.
Mr. CONNESS. It is rather a far fetched questi No.
Mr. FESSENDEN. I will say to the Sen t ator that if they remain more than 3 years without being entered for consumption or expofied, they are liable to be sold at auction.
Mr. CONNESS. Yes, sir; that is the case. I was goin to address myself in brief to the general objections that have been made by the Senfrom RhdIsland to this bill. If I could appreciate them at all in the sense in which he has spoken, that the passage of this bill would be an injury to the domestic manufactures, I would hesitate be ore it could get any vote of. mine. My vot has been given consistently since I have had a seat in the Senate in favor of giving all the advantage we could by legislation to the protection of American in ustr and manufactures. But, sir, as I understan that question, it is involved in the amount of tax that we impose upon the foreign product. When that proposition comes before the Senate we will have an opportunity to discuss it and vote upon it. But, sir, if to protect the manufacturer means that you shall not extend facilities to commerce, that you shall impede commerce, that on shall lay embargos upon commerce and ships, then indeed I would hesitate before I would vote for a protective policy any longer. I think the a ency of this Government should not be emp oyed to impede any industry; and with the disposition at exists so strongly in the American Congress at the present time to stand by do mestic industry, I vmust say that I am astonished to find any gentleman representing that industry pursuing the course pursued hare by the Senfrom RhdIsland. Sir, this country cannot exist upon domestic industry and manufactures alone. It has other interests, and those desire protection and require to be facilitated by the acts of the Government. Those great interests are agriculture, commerce, and trade. Is it wise, except as we do it by the discreet imposition of duties upon foreign products, to do anything that impedes trade?. But, sir, I am forbidden from discussing this subject. I have avoided presenting any view upon it because I desire to get a vote upon it.
The PRESIDENT (empore. The motion is that this bill With the amendments be referred to the ComFinance. The motion was not agreed to.
The President profemporc. The question now is on the 1st amendment iroposed by the Senfrom RhdIsland. which isto strike out the words “one year" in the 13th line of the 1st section and insert the words “ 3 months."
Mr. SPRAGUE. In. line 7 of section 2 after the word “exportation” I propose to insert the following amendment: Provided, That merchandise upon which duties have beenpaid if exportedto a foreigncountry with and merchandisere in one your from the date of original importation shall be entitled to a return of duties on proper evidence of such merchandisohaving beenlangedabroad, to be funiished to the collector y the importer. 1%t. of such duties to be returned by the governmen. The amendment was rejected.
Skip Skip The bill was ordered to a 3rd reading, and was read the 3rd time., Mr. SPRAGUE. I ask for the na 8 on the passage of the bill. [be yeas&nays were ordered.
Mr. SHERMAN. I do not intend to debate this bill, but I will simpl state that after examining it very carefully Tam satisfied that the 3rd clause of the 1st section of the bill ought not to be passed in the form of law, and therefore I sha 1 vote against the bill.
Mr. SHERMAN. Extending to 3 years the time within. which the duties maybe. paid. The present law gives the imrter of goods one year Within which to pay iii: duties, butit makes no provision for the sale if they are not removed, and in that the law is defective. The purpose of the act was to require the duti. to e said Within the year, except where the osare exported to foreign countries or to the Pacific coast. The old law allowed 3 years for that purpose. My own impression is that one year is enough. Within that time the importer ought to find a market and sell his goods; or if they are not entered for consumption the ought to be sold precisely as they are required to be sold in the ow of 1862, at the expiration of 3 years; and as that yeas and is really the only material clause in this bill I shall content myself by voting against it. the question being taken by yeas&nays, resulte yeas 24, nuys 16; So the bill was passed. comnrrnr. on VENTILATION.
The President protempore appointed Messrs. BUCKALEW, ANTHONY, Bsowx, NYE, and Sro exrox as the committee on ventilation, under the resolution of the Senate adopted on the 7th instant. ADMISSION OF COLORADO. motion of
Mr. RAMSEY, the Senate as in ommittcc of the Whole resumed the consideration of the bill (S.No.74) for the admission of the State of Colorado into the Union. It recites that on the 21st day of March, 1864, Congress passed an act toennble the people of Coloradopto forms. constitution and State government, and offered to admit that State, when so fUrmed, into the Union upon compliance with certain conditions therein specified; and that it a peered by a memnge of the POTUS, dated January 12; 1866, that the people have adopted a constitution, which upon ue exzimination is found to conform to the provisions and comply with the conditions of the act, and to be republican in its form of government and that they now ask for admission into the Union; and then proceeds to enact that the constitution and State government which the people of Colorado have ormed for themselves shall be accepted, rat ified, and confirmed; and that the State of Colorado shall be one Of the U.S.A., and is hereby admitted into the Union, upon an equal footing with the original States in all respects whatsoever. The State of colorado is declared to be entitled to all the rights, privileges, grants, and immunities and to be subject to all the conditions and restrictions of an not entitled “An act to enable the people of Coloradopto form n constitution an Stute government, and for the admission of such State into the Union on on equal footing with the original States, ” aproved March 21, 1864.
Mr. STEWART. before the hill is proceeded with I call for the reading of the memorial of the delegation from Colorado in explanation.
Mr. TRUllIBULL. Will the Senfrom Massachusetts allow me to ask if this same
Mr. Rodney French was not one of the members of the convention that formed the constitution?
Mr. TRUMBULL. He has changed his 1 opinion since?
Mr. SUMNER. No; he opposed the consutution.
Mr. TRUMBULL. How came he to be in avoluntary convention to form a constitution for a State that had not sufficient population?
Mr. SUMNER. It is not for me to explain all the details of his conduct. I simply let him speak for himself.
Mr. POMEROY. It may throw some light on the subject to suggest that individual members of the convention who expected they could get Office under the State constitution were for it; but when they found they could not they were against it.
Mr. SUMNER. That may explain it. I shall not undertake to answer that suggestion, for I have no facts one way or the other with regard to it, and I have no disposition to press this case in any such way. My simple desire is to bring before the Senate such facts as through my in uirics I have been able to learn, thinking that the Senate ought to know them, and believing that they ought to have some influence in determining the judgment on this question.
Mr. WILLEY. Iunderstand the Senntortt say that there never has been official certification of the votes 011the constitution.
Mr. SUMNER. I have made no such assertion.
Mr. WILLEY. I thought you made it upon the authorit.
Mr. WILLEY. I find on my table a printed paper containing in detail the vote of all the counties, purportin to by si necl by the officers of the Territory an the c riof the executive Dept of Coloradopterritory. 1 merely rise to make the inquiry whether or not the Senator was aware that this was really an official document?
Mr. SUMNER. I was aware of it; I have it on my table and propose to consider it in a minute, with the Senators permission.
Mr. GRIMES. I can say to the Senfrom WestVirginia that I have the original document, the one signed by the executive officer who certifies it not printed, but in manuscript.
Mr. SUMNER. On the question with regard to the population, Mr. French states that it may be 25,000, and he hardly thinks it is more than 20,000. Others have placed it at 25,000. The gentlemen licre claiming seats as Senators place it higher; but I do not understand that anyone of them placcs it above 30 or 35,000. lierefore, even supposing it tobe 30 or 35,000, the Senate will see that it.is a very small body of men to invest with the character of a State government. But, sir, there are certain facts which will enable us to get something of an idea of the amount of population. I have here a table of the votes in the Territory for a succession of years.
Mr. STEWART. Before the Senator passes from Mr. French, I call his attention to the siith age of the documents accompanying the Presi ents message on this subject, where it appears from the proceedings of the convention that Mr. French was a defeated candidate for resident of the convention.
Mr. SUMNER. Was he not the president of the convention?.
Mr. STEWART. No; he was a defeated candidate.
Mr. SUMNER. That only attests the emi nent position that he held in the convention.
Mr. SlEWART. The fact that he was de feated might have had some effect upon his e iates.
Mr. MCDOUGALL. Will the Senator allow me to ask him aquestion? In whata e of the world was there a republic where ere was equality? Please answer me that.
Mr. SUMNER. Mr. President, some days ago I had the honor of discussing that question at great length before the Senate. I do not think the Senate is disposed to go into it again, and certainl I am not.
Mr. MCDOUGALL. I would like to have the single instance where it existed in ancient times, in the middle ages, or in the modern ages.
The Secretary read the amendment, namely: Insert attheend of the 2nd section the following proviso: Provided, That this act shall not take effect exccpt upon the fundamental condition that Within the State there shall beno denial of the elective franchise or of any other rights on account of color or race but all persons shull c equal before the law; an the people of the Territory shall by a mlUOll. of the voters.at public meetingsto be convenedbyt o governor of the Territory. declaretheir assent to this fundamentalcondition and the Governor shall transmit to the POTUS an authentic statementofsuch assent whenever the sameshall be given. upon receiptwhere ofheshall by proclamation announco the fact. wherou onwithout anyother proceedings on the part of Congressthis notshall take a set.
Mr. MCDOUGALL. Allow me to make a suggestion. The Senfrom Nevada and myself have been citizens of the same State. He will remember well that it was under the direction of President Taylor, without an enabling act, that California. was organized and admitted into the Union.
Mr. POMEROY. I am somewhat acquainted with Colorado
Mr. GRIMES. Will the Senfrom Kansas yield to a motion to adjourn or go into executive session?
Mr. GRIMES. I move that the Senate proceed to the consideration of executive business. There is a rent deal of business on the Executive Calen or that ought to be attended to.
Mr. SUMNER. Before the question is put o n the motion of the Senfrom Iowa, I de sire to have an order made for printing my amendment.
The President protempore. That order will be made. if there be no objection.
Mr. RAMSEY. When will the Colorado hill come up again, if we now go into executive session?
The President protempore. It will come up tomorrow at one oclock as the unfinished business of today.
Mr. WILSON. There is a specialment for assign one oclock tomorrow. I must in iist on goin on with the Army bill then.
Mr. POMEROY. The unfinished business will take precedence of that.
Mr. RAMSEY. I prefer to understand it no. We can settle that point 13 The motion ofuMr. Gaines was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Moxnar, March 12, 1866. The House met at. 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of Saturday was read and aproved.
The SPEAKER announced that the 1st business in order was the call of committees for brought back on a motion to reconsider, commencing with the ComElections. NO reports were made.
The SPEAKER announced that the next business in order was the call of States and Territories for resolutions in the inverse order, commencing with the State of Indiana. where it was suspended on the 26th of February. PORTRAIT or JOSHUA it. OIDDXNGS.
Mr. ASHLEY, of Ohio. I offer the following resolution: Resolved.That the JtComLibrary be instructed to inquire into the expfdicncy of purchasing the portrait of Joshua.Giddinzsmow on exhibition in the Congressional Library and that they have liberty to report by bill or otherwise. The portrait referred to was painted and is owned y Miss Ransom, of Cleveland, Ohio. Asawork of art. it is as faultless as it is faithful in its life like representation of the great and good man who tor nearly a quarter of a century in these Halls “ Faithful stood with prolihct finger pointing toward the by cssedto be. When beneaththe spreadof heaven Every creature shall be free." It is fitting and properthat this House should order such a pOrtrait of such a man to be placed among the historic ornaments of the national Ca itol. Ip trust, sir, the resolution may pass unanimously, and that the commitee will give it their earl attention. h
The SPEAKER. If the Gentfrom Ohio debates the resolution it will go over under the rule.
Skip Skip Mr. ASHLEY, of Ohio. Then I call the previous question. The previous question was 2nded, and the main question ordered. Mr. OSS. We have had enough of pictures. I call for tellers on the resolution. Tellers were ordered; and Messrs. Ross, and ASHLEY of Ohio, were uppointed. The House divided; an the tellers reported a cs 69, noes 24. Mr. ELDRIDGE demanded the yeas and DB 5 The yeas&nays were ordered. The question was taken; and it was decided in the allirmahve yeas 78, nays 33, not voting 72; So the resolution was agreed to. Mr. ASHLEY. of Ohio, mtRtv the resolution was adopted; on the table. The latter motion. was agreed to.
Mr. JULIAN introduced a bill to fix 8 hours asa dayswork in all caseswhere laborers, mechanics, or artizans shall be employed byor under the authority of the Government of the U.S.; which wasread a 1st and 2nd time, and referred to the ComJudiciary. TAXATION or U.S. NOTES, are.
Mr. SPALDING. I desire to introduce a point resolution in relation to the taxation ofU.S. notes and certificates of indebt edness by the several States. As it is very important, I ask that it be committed to the ComWays&Means with leave to report at any time. It is impor ltfili. that it should be done speedily if done at a The JtResolution was read a 1st and 2nd time. It provides that the act of June 80, 1864, entitled “An act to provide Ways&Means for the support of the Government, and for other purposes, ” shall not be so construed as to exempt from taxation b or under State or municipal authority U.S. notes or certificates ofindebteness not hearing interest.
Mr. SPALDING. I move that the JtResolution be referred to the ComWays&Means, with leave to report it back at any time; and on that motion Idemand the previous question.
Mr. WENTWORTH. Isthatmotionine rder without unanimous consent?
The SPEAKER. The latter part of the motion, giving the committee leave to report at any time, requires unanimous consent.
Mr. WENTWORTH. I object to it. I object to an thing that looks like repudiation.
Mr. SPALDING. If debate is in order I have something to say.
Mr. STEVENS. I hope the gentleman will make his resolution a resolution of inquiry.
Mr. SPALDING. It is a JtResolution, and the committee can report. it back or not as they see fit.
Mr. WENTWORTH. I have no objection to referring anything since the Mexican bonds were referred.
The SPEAKER. Debate is nqt in order. The House is acting under the previous question. the question being upon the reference of the rescilution to the ComWays&Means.
Mr. MORRILL demanded the ycas&nays. The ycas&nays were ordered., Mr. CONKLING. Would it be in order for me to ask the Gentfrom Ohio [Mr. SPALDING] to modify his JtResolution so as to make it apply only to such securities of the U.S. as may be issued hereafter?
Mr. SPALDING. I cannot consent to that. I want to tax the greenbacks in the States; it is as much as we can do to carry the interest. bearing bonds without taxation.
Mr. MORRILL. Will the gentleman not make it a subject ofiuquir on the part of the ComWays and ll cans?
Mr. SPALDING. No further than to refer the JtResolution to the ComWays&Means; the committee can take such action as the leave.
Mr. WENTWERTH. Would it be in order for me to move to reconsider the vote ordering the mainquestion?
Mr. WENTWORTH. rIhen I submit that motion. I think this resolution should be discussed.
Mr. STEVENS. I move to lay the whole subject on the table; it is rank repudiation, an nothing else.
Mr. ELDRIDGE. Irise to a point of order. Is it in order to move to reconsider the vote orderin the main question to be put, after the eas an nays have been ordered!.
Skip Skip The SPEAKER. The motion to reconsider is in order. The order of the House upon the previous question can be reconsidered at any time before the House actually commences to execute the order. Mr. STEVENS. I Will Withdraw my motion to lay on the table. The question recurred upon reconsidering the vote secoiiding the previous question. the question was taken upon the motion to reconsi er; and upon a division there were ayes 66, noes. 80. So the mtR agreed to. The question recurred upon 2nding the demon for the grevious question. Mr. ROGER. I move to lay the whole subject upon the table; and upon that motion I call for the yeas and nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas. 42, nays 90, not voting 61; So the motion to lay on the table was not agreed to. The question a in recurred upon 2nding the demand fort e previous question.
Mr. MORRILL. I ask the Gentfrom Ohio [Mr. Sui DING] to modify his resolution so as to make it simply aresolution of inquiry.
Mr. CONKLING. I would again as the Gentfrom Ohio to modif his resolution so as to make it apply only to uture issues of Government securities.
Mr. WENTWORTH. I object to any modification.
Mr. SPALDING. If I have the liberty of domg so, I will modify the resolution by strikingout “certificates ofindebtedness.”
The SPEAKER. The Chair is of opinion that the vote ordering the main question having been reconsidered, and the question now being upon 2nding the demand for the previous question, the Gentfrom Ohio [Mr. SPALD nm] has the same right. to modify his resolution that he would have if he had but just submitted the motion for the previous question.
Mr. WENTWORTH. I rise to a point of order. I desire to call the attention of the Speaker to this fact: a vote by yeas&nays upon this resolution has just been taken, and it will go upon the record as having been taken upon such and such aresolution. In a few minutes a resolution is offered for adoption, differing from the one upon which the vote has just been taken. Will not every member here be placed in a false position when the resolution goes upon the record, having already been placed upon the record upon what is practically a differentresolution?
The SPEAKER. That may possibly be. But when the House reconsiders the demand for the previous question the resolution stands open to modification by its mover just exactly as if he had just move the previous question.
Mr. WENTWORTH. Will the Journal show the modification of the resolution?
The SPEAKER. The Journal will show that the Gentfrom Ohio [Mr. Sraumm] modified his resolution after the motion to lay upon the table was voted down.
Mr. WENTWORTH. Will the Speakerallow me to ask whether the Journal will show both resolutions the one upon which we have voted and also the resolution as modified?
The SPEAKER. The Journal does not incorporate bills and JtResolutions in full.
Mr. WENTWORTH. Very well; then I ask the Speaker (and I hope he will not make a decision without considering the matter) whether the resolution as now before us is the same as that on which we have voted.
Mr. WENTWORTH. Then that ought certainly to a pear on the Journal.
The SPEAKER. It will appear upon the Journal that, after the motion to lay on the table had been rejected, and when the question recurred on 2nding the demand for the previousquestion, the gentlenian from Ohio modified his resolution.
Mr. WENTWORTH. Will the Journal show what the modification was?
The SPEAKER. The Globe will show that; but the Journal will only state the fact that the resolution was modified. The Journal does not incorporate the details of bills.
Mr. SCHENCK. I rise to a question of order. I submit that the resolution upon which we have voted is one thing and that the resolution as modified, being an entirely different thing, on ht to a pear upon the Journal in its modified s a e. maket at point of order.
The SPEAKER. The Chair overrules the point of order. In accordance with the uni form usa e of the House from the establishment of the Government, hills and JtResolutions are not incorporated in full in the Journal, although the amendments made to them in the House are journalized.
Mr. WENTWORTH. Would the Speaker have any objection to allowing the Gentfrom Massachusetts [Mr. BANKS] to be heard on this subject?
The SPEAKER. The Chair would have no objection; but it would hardly be in accordance with the rules.
Skip Skip The question recurring upon 2nding the deman for the previous question, Mr. SCHENCK and others called for the reading of the JtResolution as modified.
The Clerk read, as follows: Be it resolved. That the act of June 30, 1864. entitled “An act to provide wa s and meansfor the support of the Government.an for other purposes.” ha I not be so CODStfllEd lt o exempt from taxation hp or underStateor municipal authority any amount of U.S. notes not bearing interestheld by any personas money.
Skip Skip On. 2nding the demand for the previous question there were ayes 35, noes 28; no quo rum voting. The SPEAKER, under the rule, ordered tellers, and appointed Messrs. SPALDING and Wssrwoiirn. The House divided; and the tellers reported ayes 64, noes 36. So the previous question was 2nded. The main question was ordered, which was on the motion to refer the JtResolution to the Committeemf Ways&Means.
Mr. RANDALL, of Pennsylvania. Idesireto ask the Gentfrom Ohio [Mr. Smililko] to modify his resolution by inserting after the word “ person” the wor s “or corporation.”
Mr. SpALDING. I have no objection to making that modification.
The SPEAKER. The resolution cannot be modified at this time. The House is acting under the previous question. The motion to refer the JtResolution to the ComWays&Means was agreed to. EXCLUDING THE DISLOYAL FROM OFFICE.
Mr. SHELLABARGER submitted the followmg resolution, on which he demanded the previous question: 1i"cmlverTl.hat the ComJudiciary be directed to inquire and report to this House upon the constitutionality and proprioty of providing by law that no.person who is isloyal to the Government of the U.S and who has voluntarily engaged in rebellion against such Government shall be entitled to exercisethe rights of an electorin any State or to hold officounder such Governmentduring Inch disloyalty and providing alsoby lawtor persons who have beenso engagedin such rebellon being admitted to exercise such elective franchise upon proof of loyalty to the Government.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the resolution was agreed to. PRINTING EVIDENCE.
Mr. SCHENCK. I submit the following resolution, and demand the previous question on its adoption: Resolved, That 5,000dextra copies of reports of evidence from the reconstruction committee be printed for the useof membersof this House.
Mr. LEBLOND. I move that the resolution be laid upon the table; and on that motion I demand the yeas and uays.
Mr. SCHENCK. I modify the resolution, whether it goes upon the Journal or not, so as to make it 20,000 extra copies; and on the resolution as modified I demand the previous question.
Mr. LEBLOND. Can the gentleman mod ify his resolution?
The SPEAKER. He can. The morning hour having expired, the resolution went over until next Monday. RIGHT OI" WAY.
Mr. HIGBY. I rise to a privileged question. On Thursday morning last I, by anon imous consent, introduced an act granting the right of wa to ditch and canal owners in the State of alifornia over the public lands which was read a 1st and 2nd time. an moved it be referred to the ComMining. I find in the Journal of the House and in the Globe it has been, through some mistake, referred to the ComPubLands. I move that the mistake be correct e The ComPubLands was discharged from the further consideration of the bill; and it was referred to the ComMining. MEXICAN and FENIAN BONDS.
Mr. BLAINE. I ask the gentleman to yield the floor to me to submit the following resolution: Resolved.That in giving leave. on the 5th instant, for the introduction of a resolve to guaranty a loan for Mexico, this House did not thereby in any may approve such a measure and itishereby declared, as the senseof this House, that all schemeslooking to the guaranteeof Mexican bonds, or Human areunwiseand inexpedient.
Mr. MORRILL. I must declineto yield for the introduction of the resolution if it is going to consume any time, as I think it will. APPROVAL OF CONGRESS.
Mr. COBB, by unanimous consen submitted resolutions of the Legislature of Viscoiisin, expressing approbation of Congress in passing the Freedmens Bureau bill and in excluding representation from rebellious districh; which were referred to the comreconstruction, and ordered to be printed. MISSOURICONTESTED ELECTION CASE.
The SPEAKER presented certain papers in the case of Boyd os. Kelso; which were referred to the ComElections. EVENING SESSIONS.
Mr. STEVENS. I offer the following resolution: Remlved, That until otherwise ordered the House will take a recessdaily, exceptSaturdays.atfour and a half oclock p. m., and meet again at 7 and a halt oclock p. m. for the transaction of business; and the morning hour for reports shall not be interfered with by any otherdescription of busineswhab over.
Mr. WASHBURNE, of Illinois. I make the suggestion to the Gentfrom Pennsylvania, chairman of the ComAppropriat, to suspend offering that resdlution for the present. as I think the House will consent to sit until 6 oclock this evening rather than have an evening session. Several Mennsns. Oh no!
Mr. WASHBURNE, ofIllinois. Well, I do not object, as it seems to be the sentiment of the House the resolution should pass.
Mr. STEVENS. I move to suspend the rules.
Mr. CHANLER. I rise to a point of order: that the proposition is a mere hoax. The gentleman has taken that busin[eLsasuignhhtaenni now.
The SPEAKER. The Chair overrules the point of order. The resolution is a serious one.
Skip Skip The rules were suspended; and the resolution was then adopted. Mr. STEV 9NS mtRtv the resolution was adopted; upon the table. Agreed to. INVESTORS, ETC.
Mr. RADFORD, by unanimous consent, introduced a bill to amend an act in regard to inventors, patentees;&c. which was reada 1st and 2ndtime, and referred to the ComPatents. PRINTING of PAPERS.R. STEVENS, from the ComAppropriations, submitted papers in support of pthe bill to reimburse Missourifor excases in raising militia, &c.; which were lai I the table, and ordered to be printed. BRIGADIER GENERAL OF MARINES.
Mr. DARLING, by unanimous consent, introduced a bill to create the grade of briadier general commandant in U.S. It arine cors; which was read a 1st and 2nd time, an referred to the ComNavAffrs.
Skip Skip LEAVE OF ABSENCE. The SPEAKER asked for leave of absence for Mr. NIBLACK fortwo weeks; which was ranted. Mr. HUBBARD, of NewYork, asked for leave of absence for Mr. Horenxiss; which was also granted. CHANGE 01 REFERENCE. On motion of
Mr. HOOPER, of Massachusetts, the ComBanking&Currency was discharged from the consideration of the petition of Robert H. Ober, and others; and the same was referred to the ComClaims. BRIDGE ACROSS THE MISSISSIPPI RIVER.
Mr. PAINE, by unanimous consent, introduced a bill to authorize the Milwaukee and Prairie du Chien Railwa Company to construct a bridge across the Iississippi river and to establish a post route; which was read a 1st and 2nd time, and referred to the ComRds&canals.
Mr. PAINE. I move to have the bill printed. I
Mr. WASHBURNE, of Illinois. I object. ask to have the bill read. The bill was accordingly read. upon
Mr. WASHBURNE, of Illinois. I objectto the introduction of the bill.
The SPEAKER. It has already been introduced and referred.
Mr. WASHBURNE, of Illinois. To what committee?
Mr. WASHBURNE, of Illinois. It ought not to go to that committee. I move to reconsider the vote by which it was so referred, for the purpose of having it referred to the comPostOffice.
Mr. WENTWORTH. Asa member of the ComRds&canals, had Iknown that it was proposed to refer it to that committee I should have objected. I thought my colleague [Mr. Wasiinunss] did object to its reference in time.
The SPEAKER. The objection was made to the printin.
Mr. AINE. I have not the slightest objection to the change of reference to the ComPostOffice. By unanimous consent the reference was so changed. RIGHT 0! WAY OVER PUBLIC LANDS.
Mr. BIDWELL, by unanimous consent, introduced a bill reserving the right of wa for certain purposes over the public lands of the U.S.; which was read a 1st and 2nd time, and referred to the ComPubLands. LAND GRANTS IN CALIFORNIA.
Mr. BIDWELL also, by unanimous consent, introduced a bill to confirm the selection and location of lands granted to the State of California by the U.S.; which was read a 1st an 2nd time.
Mr. BIDWELL. I ask that it be printed, and laid upon the table.
Mr. MORRILL. I think this is a bad prac tice. We on ht not to print any bills until they are reported a committee.
Mr. BIDIVELL. Then let it be referred to the ComPubLands. The bill was referred accordingly. TEMPORARY increase OF DUTIES.
Mr. MORRILL. I am directed by the ComWays&Means to report back adversely on JtResolution (H. No.81) to increase temporaril the duties on imports, and move that it be laid on the table.
Mr. GRINNELL. I ask for the reading of the bill. The bill was accordingl read.
Mr. MORRILL. I Will state that it is the intention of the committee to take up the subject of the tariff at an early day, and it was therefore thought in expedient to take any action gqpn it in advance in the way proposed by this i.
Mr. BUNDY. Will it be in order to move that the resolution be referred to the ComManufactures?
The SPEAKER. It will, if the Gentfrom Vermont [Mr. MonaILL] withdraws the motion to lay on the table.
Mr. MORRILL. I cannot do it, because it would be an impropersubject for the ComManufactures to consider.
Skip Skip The motion to lay on the table was agreed to. Mr. MORRILL. mtRtv the bill was laid on the table, on the table. Agreed to. EXECUTIVE COMMUNICATIONS.
The SPEAKER laid before the House a communication from the SecyWar, transmitting, in compliance with the resolution of the House of Jannation from the chief ngineer, inclosin maps which should have been transmitted with that officers report of the lat instant respecting harbors on the sea and lake coasts; which, on motion of Mr. WASHBURNE, of Illinois, was referred to the ComCommerce.
The SPEAKER also laid before the House 29, 1866, a communica; a communication from the Dept of the Interior, transmitting a copy of the accounts of the superintendents and agents in charge of the tribes of Chickasaws, Semine les, Wichitas, kc, for the 3rd quarter of 1865, in accordance with the 5th section of the act of Congress approved March 3, 1865; which was laid on the table, and ordered to be printed. TRADE WITH BRITISH AMERICA.
Mr. MORRILL. I now move that the rules be suspended, and the House resolve itselfinto the ComWhole on the state of the Union on the special order. The motion was agreed to. So the rules were suspended, and the House accordingly resolved itself into the Commitfie of the Whole on the state of the Union, (Mr. INGERSOLLHI the chair) and resumed the consideration of the special order, being House bill No.337, to regulate trade with the British North American possessions.
Mr. MORRILL. The advalorem system was incorporated in the bill in the form in which it is for the purpose of allowing the lower qualities of pine, which i are used almost altogether in the West for fencing purposes and which are used for cheap building materials all Over the country, to come in at a lower rate than what is imposed on the higher and finer qualities of pine lumber. Now, it seems to me that it is monstrous to place a duty upon this knotty pine, that is not worth more than 6 or 7, or perhaps only 5 dollars, per 1,000 feet, the same duty that you place upon an article that costs 50 and 60 dollars per 1,000 feet and then, as to this system of taxation being in the very worst form, I beg leave to differ with the Gentfrom Maine. I so! am If p.1; Library as are to have an advalorem duty at all, this is in the very best form. It provides that lumber that is valued at less than 7 dollars shall be at one rate; lumber valued at over 7 and less than 12 dollars, another rate: and that over 12 dollars it shall have another rate. Now, I say, the opinion of the Gentfrom Maine to the contrary notwithstanding, that it we are to have an advalorem duty at al, this is the very best form in which it can be provided and now, Mr. Chairman. I will move to amend the original bill by striking out the word “7” and inserting “6" in line 11 on age 2.
Mr. BLAINE. I will explain to the gentleman that my amendment is to come in after line 11.
The CHAIRMAN. The Chair will state for the information of the committee that from line 6 to line 11 inclusive, on page 2 of the bill, was stricken out on Friday last.
Mr. MORRILL. ThenImove to amend the amendment of the Gentfrom Maine, as follows: On pine, when valued at 6 dollars or lessper 1,000, one dollar per 1,000 feet: when valued at over 6 dollars and not.over ten dollars per 1,000, 2 dollars or 1,000 feet: and when valued at over ten dollars per 1,000, 3 dollars per 1,000 feet.
Mr. BLAINE. the billis already amended so that hemlock, the cheapest lumber, shall come in uniform at one dollar per 1,000, and spruce at 2 dollars per 1,000; and the amendment now pending proposes that pine shall be uniform at 3 dolars per 1,000.
Mr. WILSON, of Pennsylvania. I move to strike out all after the word “sawed” in the 15th line.
The CHAIRMAN. The committee have not yet reached that portion of the section.
Mr. WILSON, of pennsylvania. Then I move to strike out the 10th line the CHAIRMAN. That has already been “stricken out by the committee. The pending question is upon the amendment adored by the Gentfrom Vermont [Mr. MoniuLL] to Maine, [Mr.
Mr. SCOFIEBLaDs.ins} would like to say aword in reply to the Gentfrom Wisconsin, [Mf Si.o. st.] He complains that the agricultural interest of this country is not protected and cannot be. He seems to forget that that interest has the whole advantage of the market, has the monopoly of the mar et. It cannot be protecte, because it has no competition; if it ad, as a matter of course the protection would be given. If the agricultural interest is depressed, it is simply because it is Overdone. Every one who buys an agricultural product buys a domes tic product; and there is alarge foreign demand besides for our agricultural products. But this subject oflumber is an entirely different thing. There is a heavy tax upon it at home. lunderstood the Gentfrom Vermont [Mr. MORRILL] to say the other day that if we imposed a tax upon it as it comes across the lines, e would have to recommend a tax on it at home. We have now a heavy tax upon it at home.
Mr. WASHBURNE, of Illinois. In what sha e? Mr. SCOFIELD. I will state in what shape. In the 1st place, themanufacturer at home must get his icense, for which he pays a pretty large sum. The Canadian manufacturer takes no license. In the 2nd place, the home manufacturer must buy his lumber standing, the cost being, perhaps, 5 dollars 1,000. The ComrIntRev has 5%. upon all that he gets for his lumber when sold in market, not deducting the cost of the timber, but only deducting the cost of the labor employed to at it in the shape of boards. In other words, the commissionerhas decided that if you sell your lumber in market for 20 dollars 1,000, your timber having cost you 5 dollars 1,000standing, and the cost of manufacture beiu ten dollars 1,000, you must pay a tax of 5%. on ten dollars. You may deduct the ten dollars per 1,000 which it cost you to manufacture the lumber, but you must not deduct the amendment offered by the Gentfrom I decided that the home manufacturer ninst pay any portion of the large sumwhich you invested in the standing timber.
Mr. MORltILL. I have frequently been surgirised to find the taxation wthe is imposed under the internalrevenue act by unstructions of the ComrIntRev. I desire to say that it neverwas the purpose of an ComWays&Means with which I have been associated to tax lumber at all. Whenever the subject has been brought up, that committee has express] decided that lumber should be exempted from all internal taxation.
Mr. SCOFIELD. I cannot say what the committee that framed the law designed; but the officer charged with the construction of the law gives it that construction. He may be wrong.
Mr. BLAINE. With the permission of the Gentfrom Pennsylvania, I desire to state another fact in reference to the internalrevenue taxation as imposed under the construetion of the ComrIntRev; and I beg the attention of the chairman of the ComWays&Means to this statement: if a man owns a timber tract, and cuts all the timber off, he has to render the entire receipts as income, although the tract is left bare and valueless. No deduction whateveris made for loss of property and using up of capital.
Mr. SLOAN. I hope that the amendment of the Gentfrom Vermont will not be adopted. It will not accomplish the object.
Mr. MORRILL. If the gentleman votes against the amendment ioposed by me he will votel to tax all lumber t ree dollars perthousan.
Mr. SLOAN. The gentleman is mistaken in suppOsing that fencin lumber is cheaperthan the common sort ofifumher. It sells for 2 dollars or 1,000 higher.
Mr. BLA NE. What is the average price of fencing lumber?
Mr. SLOAN. 20 dollars per 1,000. The amendment of Mr. Monmu. to the amendment of Mr. BLAINE was reccted. Mr.BANKS. I move to amen the amendment by striking out “ 3 ” and inserting “two. I offer this amendment for the purpose of making a single suggestion upon glis subject, not touching the question of reve e or the question of protection. I think that the objection of the Gentfrom Maine [Mu BLAINE] to the advalorem feature of the bill is well taken. It is certainly desirable that that a stem should, if possible, be avoided; and I hope the Gentfrom, Vermont [.Mr. Monuii.i.] who has charge of this bill will devise some means by which it can be avoided. But I desire to say that lumber, besides being a subject of revenue, is an element of power, and we ought not to tax it any more than is absolutely necessary. There are 4 million people in the lately insurgent States who are more ambitions for houses now than they have ever been for any thin. The 1st thing the freedmen of the Seat will do will be to get for themselves houses, and after that to get for themselves clothes. In addition to that it is well known all through the former 15 slave States buildings of almost over kind, the dwellings of all classes of people, have been destroyed and must be rebuilt. It is a part of reconstruction which should be carried out as rapidly as possible; for every man who has a house constructed or in process of Construction becomes so far a friend to the Government. We ought to assist them as far as possible; and we ought not. to put any more tax than is absolutel necessary. I ope gentlemen interested agree on the lowest amount.
The CHAIRMAN. Debate is exhausted on the pending amendment.
Mr. CHANLER. I renew it. Sir, I was de lighted at tne position taken by the able Representative from Massachusetts [Mr. BANKS] with regard to the present condition of the country – a position which he has always taken when ever a debate has risen here involving the interests of the southern people. There is nothing more handsome and iberal than for the gentleman to undertake to represent the southern country and when he informs us that in our action here we are about to interfere with or promote the interests of the southern people is speaks in trumpet tones, in a deeper basso than ever.
Mr. MORRILL. I rise to a question of order. I do not desire to make it against the gentleman on the other side, but I do propose to confine gentlemen to the bill.
Mr. CHANLER. I ask that the gentleman listen and not interrupt my argument, which is as good as his arguments generally are, which cover the whole surface of the earth in order to protect the marble of Vermont. I understand what I am about, and I know very well what the chairman Of the committee [Mr. Moannm] is about. His object is to protect Vermont. He seeks to interrupt me while [ai aiding the able Representative from Massachusetts [Mr. BANKS] in demanding of this House a fair representation of the southern country. ir, the Gentfrom Massachusetts knows that the question of lumber is the one involved here. It is with regard to furnishing a market for lumber. Now, there is no better field of enterprisein the lumber business than the State of NCarolina. The oak, hemlock, and pine of thatregion are as valuable to this government as they were before the war, when the whole country was represented here.
Mr. CHANLER. The gentleman interrupts me without cause. Iain speaking to the point. More than that, this treaty, of which this is a clause, is but a pretext for a tariff, covering up a scheme of rotcction whereby the Constitution of the U.S. is to be overridden. Representation and taxation go together. The Constitution declares that “ Representation and direct taxes shall be apportioned among the several States which may be included within this Union accordingto their respective numbers, which shall be determined, " 8:0. The lumber interest of the South, and of my own district that sends as noble ships on the ocean as any other, demands that in your adjustment of this treaty you look to the interest of this country, and not, as the gentleman who preceded me said, to the suggestions of the able delegates from Canada. he Gentfrom Vermont trembles, by proximity to Canada, for the interest of his section; and he is sensitive whenever the interests of the South are alluded to in competition with his own locality. I admire the maguanimity of the Gentfrom Massachusetts, Mr. BANRS] whose intimate relations with tesoutheru people give him an influence and power on this floor.
Mr. TROWBRIDGE., 1 rise for the purpose of iving the floor to my colleague, Mr. ERRY.
Mr. GARFIELD. I move to strike out the last 3 words of the amendment for the purpose of saing a few words. It has been clearly shown that lumber in this country is one of the rime articles of necessity, not only for hui din the houses of 9900 ths of all e people of this country, but for fencing alarge part of the western country. If any article should be favored because it belongs to the necessities of life, lumber certainly ought thus to be favored. Now, it has been favored in the internalrevenue act, as will be seen by the 54th page, and the 96th section, by heing entirely exempted from internalrevenue. If there has been any construction made by the ComrIntRev which puts lumber under a revenue tax, it is a false construction, and one that I have no doubt this House will remedy.
Mr. GARFIELD. I have but a moment. I an it is a false construction.
Mr. SCOFIELD. But still they give it that construction.
Mr. GARFIELD. That is what the gentleman has himself alread said.
Mr. SCOFIELD. I Will not interrupt the gentlem an, but will seek an opportunity to reply to hrm.
Mr. GARFIELD. I withdraw my amendment to the amendment.
Mr. GARFIELD. The Gentfrom Pennsylvania [Ma Sconsnn] has very skillfully evaded the point I made. His remarks seem to imply that the committee favored the total removal of the tariff on lumber. He says that the lumbermen pay a license and a tax on their capital. Very true; but so does every other manufacture pay a license. But the gentleman does not answer this fact, that the Jaw makes an exception in favor of lumbermen, and their product is not taxed as the rodnct of other manufacturers is
Mr. SCOFIELD. Lumbermen pay an in come tax on the capital invested in lumber tracts, which no other manufacturers are required to do.
Mr. GARFIELD. The gentleman is mistaken; farmers pay an income tax.
Mr. SCOFIE D. Not on the capital invested in the land, but only on the product of it.
Mr. GARFIELD. I wish to so that the income tax reaches everywhere. TVhen the gentleman says lumbermen are taxed an income.tax it is only saying they are a part of the people of this country, all of whom pay an income tax. I wish to say that when the general tax law on manufactures was passed at the lastsession, lumbermen were excepted so far as their product was concerned: and therefore lumber meu have been favored by the Government. We do not say we will take off the tariff from lumber and give it no protection, for we not only q take off the internal tax on lumber, but we will protect it to the extent of 3 dollars 1,000. We object to the amendment moved by the Gentfrom Maine to make it higher. gal {ere the hammer fell.]
Mr. PIKE., I renew it. Mr. Chairman, in the production of lumber morethan 1/2 is abor. The gentleman knows as well as I do, when you come to the details of anything, the census has no credit at all. I know something about this business. The man who drives the 0g represents labor, while the log itself represents capital. The labor and capital go together to the mill. It is difficult to separate one from the other. But, sir, when we do separate them it is found that considerable more than 1/2 is labor. The Gentfrom Ohio says the product of lumber is not taxed. How fallacious, when everything the laborer consumes and every thing his amily consume and everything they raise is taxed. Now, you can procure labor in the Provinces for 1/2 what you can procure it here. It is because of the taxes imposed upon labor here. That is one reason why our labor should be protected. Another reason is this: in the Provinces there are large tracts of land owned by the Government, which are let out by the square mile. In the lower Provinces you can get 640 acres for one year fora ound note, and the occupant can go upon the and and cut as much timber as he pleases. Here lands are owned by individuals. So far as that competition goes our laborers are at a disadvantage. The average of duties is over 40%., that is in the list of duties upon imported articles. It runs over fort%. When the lumber interest comes here to be protected we ask only 5 8ths of the protection which is granted to other interests.
Mr. BANKS.R. Chairman, unreasonable duty makes an unreasonable price, and I beg the Gentfrom Maine not to press for an unreasonable duty uoon lumber. Lumber is an article of prime nce essity. People must have shelter 1st of all. Therefore that fact should be consideredin aportioning the duty. A Means. Is not cloting the 1st neces sit hIr.? BANKS. Before everything else shelter is the 1st thing asked for. In all considerations of political economy shelter is the 1st necessity of man. Lumber is at such a high price that very few are inclined to build. The difficulty is principally in the high price of lumber, and I do not know how that can be remedied by increasing the duty.
Mr. BLAINE. It is no higher than is imposed upou the products of the gentlemans own State.
Mr. BANKS. I do not know that. I say lumber is at a high price. I believe in no part of the country building is going on as we should like, in the Northwest, Southwest, or in the East, or anywhere else, because lumber is so high. I would like to see this article of lumber put into the general tariff bill. I would give the lumber interest as full protection as another interest.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending section, and the amendment thereto of the bill now before the committee, terminate in 5 minutes after the committee shall resume the consideration of the same. The motion was agreed to.
Skip Skip LEAVE of ABSENCE. Mr. FTHOMAS asked and obtained leave of absence for Mr. J. L. Taons. TRABE wITH BRITISH AMERICA Again.
Mr. MORRILL. I now move that the rules be suspended, and that the House resolve itself into ComWhole on the state of the Union. 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. Ixonnsou. in the chair) and resumed the consideration of House bill No. 337, regulating trade with the British North American posses SlOIlS.
Mr. SLOAN. I offer an amendment to the amendment of the Gentfrom Maine, by striking out all after the word “sawed” in the amendment, and inserting in lieu thereof the following: When sawedand valued at 57or lessper 1,000., $1 per 1,000 teat; when valued at over $7 per 1,000 and not over 2 50 per 1,000.82 per 1,000 feet: when valued at over 8125oper 1,000. 83per 1,00Ofeet.
Mr. BLAINE. I raise the point of order, that the amendment of the Gentfrom Wisconsin [Mr. SLOAN] is in the nature of a substitute. It is totidem verbis that which was pendin as part of the bill.
Mr. BLAINE. It is in the identical words.
The CHAIRMAN. The Chair does not sustain the point of order. The amendment of Mr. SLOANwas adopted ayes 55, noes 37, the Chairman [Mr. Ine cuBOLL] voting in the negative to make a quorum. The question recurred on the amendment of Mr. Dunn: as amended, as follows: Onlumber, pine. round. split orsided, 3/4ths 01onecent percubic foot: when hewn square.one and one 4th cent percubic foot; when sawed and vfeaelut;ewdhaetn $v7 aolureldesast per 1,000. $1 per 1,000 over $7 per 1,000 and not Over8125oper 1,000. 2per 1,00Ofeet; when malted at over 8125oper 1,000, $3per 1,000 My. ROSS. I move to strike out all this section in relation to lumber, and add “lum heir] to section 3 on the free list.
Mr. “ LAINE. I move to strike out of the clause all after the words “cubic foot, ” and insert in lieu thereof the following: When and and not valued over $10 per 1,000. 5 per 1,000 led/
Mr. MURBILL. I submit that the committee have adopted the language proposed to be stricken out by the Gentfrom Maine, [Mr. Burst 1] and it is not in order now to move to strike it out.
The CHAIRMAN. The Chair sustains the point of order. The question was then taken on the amendment of Mr. BLAINE, as amended, and it. was adopted. l
Mr. SLOAN. I move to amend the 1st line of this paragraph by striking out the word “pine, ” so that it will read, “on lumber, ash, butternut, bass wood, birch, elm, maple, and white wood, round, s lit, or sided, ” &c. That is made necessary y the amendment just adopted on my motion. the motion to strike out was agreed to.
Mr. WARNER. I move to amend this para graph by adding the following: On freestonc. sandstone and granite when in the rough and uncut to dimensmns.35%. advalomn; when wrought and cut, to dimensions 40%. adoalorem. I offer this amendment in this connection because I consider it. as germane to this para graph as to any other in the bill. he CHAIRMAN. Debate is not in order on this section, Mr. MORRILL. I hope the Gentfrom Connecticut [Mr. Wauxsn] will withhold his amendment until we bring in the regular tariff bill.
Mr. WARNER. I will withdraw it for the present.
Mr. ROSS. Is it in order to move to strike out all of this section, so as to place lumber in the free list in section 3?
The CHAIRMAN. It is not in order to move to strike out any portion of this section from the consideration of which the committee has passed. It would be in order to move to strike out the pending aragraph.
Mr. ROSS. lpwill move to strike out allI can. I move to strike out the following para graph: On lumber. ash. butternut, bass wood. birch. elm, mapleI and white wood. round. split or sided. 3/4ths ofone cent percubic foot; when hewnsquare. one and one 4th of one cent percubic foot; when sawed, and valued at $7or lessper 1,000I $1 per 1,00Ofeet; when valued at over $7, and not over $12per 1,000.82per 1,00Ofeet; when valued at over $12per 1,000, $3per 1,000 feet: provided.When lumber of any sort is planed or finished in addition to the rates herein provided. there shall be levied and paid for eachsideso lsned or finished 75 cents; and if plane on one side and tongued and grooved. $1 50; and if planed on 2 sidesand tonguedand grooved, 82. The motion to strike out was not agreed to.
Mr. BLAINE. I move to add to this para graph the following: The valuation of lumber in all casesto be madeat the port of entry. That will prevent fraud and give this bill a legitimate c ect.
Mr. MORRILL called for tellers. Tellers were ordered; and Messrs. MORRILL and DAWSON were appointed. The committee divided; and the tellers reported ayes 48, noes 64. So the amendment of Mr. Burns was not agreed to.
Mr. PIKE. I move to strike out the following: On ship timber, 50 centsperton. I do that for the purpose of having it put in another place.
Mr. conKLING. I would like to ask the gentleman if that other place is the free list.
Mr. PIKE. It is; an the chairman of the ComWays&Means agrees with me that it should be put there.
Skip Skip The question was taken; and the motion to strike out was not agreed to.
Mr. HARDING, of Illinois. I move to strike out “ 50 cents, ” and insert “two dollars” as the duty perton on ship timber. The motion was not agreed to.
Mr. HARDING, of Illinois. I move to strike out “ 3 cents” and insert “one cent" in the following clause: On railroad tics, rough, hewn or sawed, 3 cents BIN!. The motion was not agreed to.
Mr. SPALDING. I move to strike out “75 cents" and insert “ one dollar” in this c ause:. On rift pine and cedar shingles, 70llvecents per 1,000 and I will ask to have a letter read which I will send to the Clerk.
The CHAIRMAN. That would be in the nature of debate, and would not be in order. The amendment of Mr. SPALDING was not agreed to.
Mr. ROSS. I move to strike out “ 75, ” and insert “50.” The motion was not agreed to.
Mr. PIKE. I “ move to insert the word stoves” after the word “palings” in the following clause: 0n pickets, palings, and lath. 20%. advalorcm. The motion was agreed to.
Mr. WILSON, of Iowa. I would ask the Gentfrom Vermont [Mr. DIOR REL] if there is any provision made here for duty on clapboards that may be less than 4 feet in lerigtrh. MORRILL. There is not. The gentlemans criticism is just, and I hope he will suggest an amendment to supply the omission.
Mr. WILSON. oflowa. I will then move to amend the clauses in relation to clapboards so that they will read as follows: On pine clapboards. 4 feet or lessin length,4 per 1,000. On spruce clapboards, 4 feet or less in length 82 50 per 1,000: Provided. That clapboards o greaterlength, whcther of pine or spruce, shall pay a proportionate increaseof duty. The amendment was agreed to.
Mr. HOOPER, of Massachusetts. I he e that this amendment will not be adopted. Pa appears to me that it is not pertinent to this bill, which is desi ned to regulate trade with only British Nort America. If this subject be not embraced in the present bill, the duty on the articles named int eamendment can be fixed in the regular tariff bill, and will be the same on articles imported from Canada as on those from any other country. If the duty be fixed in this blll it will leave the articles to be imported from other countries at a different rate. The ComWays&Means, as I understand, are not opposed to the insertion of the gentlemans proposition in the general tariff bill when that shall come up for consideration. I hope, therefore, that the Gentfrom Connecticut will not insist on inserting the proposition in this bill, which is limited to the trade with the British Provinces.
Mr. THAYER. I would like to ask the Gentfrom Massachusetts whether his obtpaction would not a fly equall to this whole ill whether it won not perasbe just as well to leave this whole subject to e regulated by the general tariff?
Mr. OOPER, of Massachusetts. That is not the proposition at present before the House. Many of the articles named in this bill are reduced somewhat below the rates fixed in the general tariff.
Mr. THAYER. The proposition of the Gentfrom Connecticutis to protect a particular interest in which his constituents are interested the production of freestone Against injurious competition from Nova Scotia. The objection made by the Gentfrom Massachusetts, that this interest can be taken care of under the general tariff, would be just as pertinent with reference to everything else which it is reosed to protect by this bill.
Mr. HOOPER, of assachusetts. I will morel suggest that the duty on the articles name in teamendment should be uniform, no matter from what country they may be imported. This proposition, i adopted now, will merely impose a duty upon building stone from the Britis Provinces.
Mr. THAYER. So with the other parts of this bill; the will simply impose a duty upon so much of the articles named as may be imported from the British Provinces.
Skip Skip The question recurred on Mr. Wauxnns amendment. The committee divided; and there were ayes 64, noes 31; no quorum voting.
The CHAIRMAN ordered tellers; and appointed Messrs. Wanna and Moonnsan. The committee was again divided; and the tellers reported ayes 64, noes not counted. So the amendment was agreed to.
Mr. ROSS. I move to amend on page 4, line nine, by striking out, 20 " and inserting “25, ” so that it will read: Animals, living, of all sorts. twunty 5%. advalorcm.
Mr. WILSON, of Iowa. by making it 30%. Mr. Chairman, this is the 1st paragraph of the bill which interests directly and articularly the Northwest. It is one of the 1st in stances in a tariff bill in which protection is afforded to the agricultural interests of the country. Last year there were imported from Canada and the Provinces about 7 million dollars in live animals. I am willin to allow reasonable duty for the protection of al branches ofindustry of the count, but while we do that I must insist that the agricultural interest shall likewise be protected. I hope, therefore, this increase of duty on live animals will be voted in h the committee.
Mr. BROOKS. I hope that the amendment will not prevail. Is not beef dear enough to I move to amend. satisf everybod 7 Does anybody want to pay a big or price than is now paid? I think the high rice of 30 and 35 cents perpoun asked in the market is high enough.
Mr. WILSON, of Iowa. I Wlll suggest we would be perfectly willing to compromise on this subject if we can have the duty reduced on articles manufactured in the East which are consumed in the West.
Mr. BROOKS. I want the House and the country to know the adoption of this amendment is to increase the price of beef. I want to say this is not the way to protect the agricultural intercsts. 100s and 1,000s of living animals come from Canada and are fat tene in the U.S., especiall in north ern Ohio and northern NewYork, al alon the Hudson. 1,000s of them are fattened ere which come lean and lank from the Canadas, indeed hardly eatable. They consume our grain and grass, and in behalf of that interest I protest against this proposed increased duty.
Mr. GRINNE L. I wish to sa, Sll, one word in reply to the Gentfrom NewYork. The well fed beef which the gentleman and his constituents eat is raised where corn is chca, and not in Canada where corn is worth one dollar a bushel. Therefore, what he has said has no application to the pending amendment at all. e propose by this to get some revenue from the importation of Gene. ian horses. The Gentleman may drive a fine span of Canadian horses on which, perhaps, he has paid no duty. We propose when he buys his next span that he she. I pay 30 or cent. duty. Let me say anada is a place where they raise fine horses. 1,000s and tens of 1,000s of them are imported into the U.S. We propose to get some duty on them, and that they shall not be brought into direct competition with our own horses. I repeat that the well fattened cattle do not come from Canada. Therefore the gentleman, in reference to his appeal to the beef eating community, is in fault. The amendment does reach the question of revenue. We propose that those who import fine horses sh pay a tax on them.
Mr. ROSS. I accept the amendment of the Gentfrom Iowa as a modification of my own, and I entirel agree with him in relation to the sentiments he as expressed in relation to it being our duty to increase the tax so as to protect the agricultural productions of the country. It is well known, sir, that these things can.be raised in Canada much cheaperthan in this country because the labor there is cheaper, and the land is cheaper and you must take into consideration the distance we have to transi port the productions of the West to reach a market so that the Gentfrom NewYork and his constituents may be afforded an opportunity to purchase them and not be compelled to live upon the po0r, lank, lean beef from the Canadas. In order to give him good beef it must be transported from the West. In my judgment, in looking over this bill, this whole list was made up either in Canada or NewEngland. The West isto be burdened with taxation to protect the manufacturers of the East, but no tax is to be imposed for the protection of the West. Our interests are to be neglected. I trust that if there is a western interest upon the floor they will insist upon protecting the agriculturists of the country.
Mr. L1 NCH. I desire to say a single word in reply to the Gentfrom Illinois, in ref erence to the protection given in this bill to the West. Now, there is not. one single product of the West in this tariff reported by the ComWays&Means, the duty on which is not the same or an increase on the old taritl. The duties are as high upon every western product and in many cases higher than they are by teold tariff. Now what is the fact in rerd to the prod acts of NewEngland, which the gentleman says have all the protection here? i very article in which NewEngland is interested is reduced in this bill as compared with the tariff of 1864. You have reduced the tariff on lumber and you have increased the tariff on all the articles that enter into the consumption of the producers of lumber.
Mr. DELANO. I would like to ask the Gentleman one question. I understand him to say that there is not a single article of western production that has not a higher duty fixed on it by this bill than by the tariff of 1804. What is the dut in this bill on the article of wool?
Mr. LYNCH. There is no duty on the urticle of wool in this bill. It is notmentioned. You have increased the duty on live animals 20%., and now the gentleman wants to raise it to 30%., and that atatime when our whole country has been drained of its cattle and horses by the destructions of war and when we need them more than at any previous time. There is another thingI wish to call attention to, and that is, to the principle of protection. The question of protection, as I have under stood it, has been a question of protccting American labor as against cheap foreign labor. You reduce the duty on lumber when 75%. of the production of lumber is in la or, and now you propose to increase the (int on live animals, into the reduction of which very little labor enters. Xnd it is so with all the productions of the West. Hers are agricultural productions, into which very little labor enters; while our productions in the East are manufacturing productions, into which labor enters largly.
Mr. WILSON, of Iowa. I wish to state that there is a very good reason why live animals are on the free dist in the general tariff, and that is, that they were embraced within the terms of the reciprocity treaty.
Mr. LYNCH. That is no reason at all, because wc import live animals from other countries beside Canada and the British Provinces.
Mr. WILSON, of Iowa. Very few; only those which are imported for the purpose of improving our stock. Those that are imported for the purpose of consumption in this country are imported from the British Provinces. Now, I wish to say that the gentleman is mistaken in regard to some other items, the item of barley, for instance. Under the tariff law, the duty on barley is 15 cents a bushel; by this bill it is ten cents; and there are several other articles where there is a reduction. I wish to say to the gentleman, and to all who represent manufacturinginterests in the eastern States, that while we of the West have been voting protection to these interests, we now, inasmuch as we have an opportunity, the reciprocity treaty being out of the way, shall insist upon some protection to western prod ucts, and I tell them that unless they are propared to give us reasonable protection against competition from the British provinces, we will have compensation by a reduction of the duties on other items. Now, sir, it will cost almost the entire amount of the duty I propose on live animals for us to bring the animals of the western States 1340 point of competition with those entering the U.S. from the Provinces, which is Buffnlo. The freights that we have to pay on the lines of railroad will cost us more than 20%. to get our animals from the Mississippi to Buffalo where the come in cometition with the animals of the Provinces. hen we get them there we wish to have a small protection, and on that we will insist.
Mr. HULBURD. I move to amend the amendment by adding the following: Provided. That milch cowsbe admitted on a duty valoremof 20%. The interest which this amendment proposes to care for will not compete or conflict with any of the interests of the Northwest, which has such strenuous advocates here. The amendment proposes to protect the dairy interests not only of the northeastern but other large States, my own State in particular, and, to a certain extent, Pennsylvania. There can be no pretense that the Northwest or the West will furnish milch cows for us of the East that we may make butter and cheese. I hope, therefore, that gentlemen from the West and Northwest will not object to this amendment, so that if the duty on other living animals is to be raised milch cows will be allowed to come in at the old rate of 20%, as proposed by the committee.
Mr. RANDALL, of Pennsylvania. I hope that this proposition for an increased duty on living amma s will not prevail. I look upon this as a question of cheap or dear beef. Now, lie at large have been imposed upon, it is by the combinations of drovers an others by which the price of beef has been raised to an exorbitant figure. The high price of beef has duripg the last few years, been a subject of universal complaint; and I for one do not want to impose an increased duty so as to afford those who have engaged in these combinations the opportunity to raise the price of beef still higher; for the mass of the people are even now almost debarred from the use of that arti clc.
Mr. GARFIELD. I wish to say one word in response to a single point sag ested by the Gentfrom Pennsyvania, [LIL KELLEY] He has said that if we repeal the internalrevenue duty on slaughtered animals it will just about counterbalance what is proposed here and therefore will not affect the price of bee. I desire to suggest to him that if e had looked a little more careful] at the features of the 2 cases, he probab might not have made that statement. On s ang tered animals now we pay 40 cents ahead on part and 5 cents a head on part; we pay ten cents a head on swine and 5 cents a head on sheep. The Gentleman argues that if this internal tax upon sir, if there is any particular in which the ubslaughtered animals is remitted it will be equiv alcutto 30%. advalorem, on live stock. I simply suggest to the gentlemhn that if he had considered the subject more thoroughly he would not have made that statement.
Mr. HU LBURD. I will withdraw my amendment to the amendment, and will move it at the end of the section.
Mr. CHANLER. I renew the amendment to the amendment. The whole character of this bill is illustrated in this section. It is a practical violation, as I understand it, of the Constitution of the U.S., especiall of that provision which asserts that no tax shall be laid on articles exported from any State; and that provision which declares that no preference shall be given by any relation of commerce or of revenue to the proucts of one State over those of another. Now, gentlemen propose here to adjust the provisions of this hi 1 to suit one section or an other, to anticipate the tariff, to rot cct one interest while the sacrifice every other interest which has not ha a full hearing in the arran ement and making of this bill. The beef, 510 mutton, the wool, every interest, every manufacture, every production, except it be, as Gentlemen claim, some of the far Vest, are fully looked after in this bill. The 1st interest of Iowa, the mutton interest, finds an admirable representative on this floor. he section which I have the honor in part to represent does not ask ou to give us any protection in this matter. We ask the opportunity of finding the best and cheapest market for what we want. We want on to restore to us that harmony and that haance of interest which can only come by a restoration of the whole Union. We wish such an honest and fair adjustment of the interests of this whole country as can only be had by having this House organized by a full and thorough representation of the whole country. It is notaquestion of interest to the State of NewYork whether our beef is cheap and our cotton dear. We want by the results of our enterprise in the past to be able to enter into fair competition with the capitalists of the whole world and following the principles and polic which have been a source of prosperity to this country in the past, we wish to Open a trade not only with Canada but with the wholh world.
Mr. IORRILL. Imove that the committee rise for the purpose of terminating the debate on this paragraph.
Mr. SMITH. I have not interrupted the committee before, and I hope the gentleman will yield to me to finish what I have to say.
Mr. MORRILL. I withdraw my motion, so that the gentleman may continue his remarks.
Mr. SMITH. Mr. Chairman, I am tired and sick of the doctrine enunciated in the country of “free trade and sailors rights.” I do not believe in any such doctrine. I believe in giving the whole people full and free protection. When the people of NewEngland dbmand the highest rice for all of their manufactures, why should they not give a good price for the corn, flour, and other products of the West? When we are asked to protect the manufactures of NewEngland from cometition, why should not the products of the west be also protected from foreign competition? We are told that things are moving in Canada; that will end in a little while in her annexation to the U.S. In that event we shall not need any such a tariff. I say let us give protection to our people in every avocation of life and in every section of country. Let the people of the NewEngland States, the people of the whole East, remember that they ive through and by the great western country: They cannot live without us. If we are afforded reciprocal protection we can live prosperous and happy. Then it will not belong before we shall be able to pay off our national debt. Take the single article of wool. We can reducc all we want in the U.S. The western country has territory enough to produce wool for all the world. Why, then, should it be brought into the country, to keep it down at a low price, while you keep up the manufactures at a high price 2 It is a wrong principle which we ought to set our faces against.
Mr. MORltILL. I move by unanimous consent all debate be terminated on the pending paragraph. There was no objection, and it was ordered accordingly.
Mr. HULBURD. I move to add: Provided, Milch cows shall be 20%. adeolorant. The amendment was rejected.
Mr. BROOKS.R. Chairman, I do not want to discuss the tariff. But I am surprised to hear that motiomcome from the Gentfrom Iowa, [Mr. Pmos] and 1st because he is a temperance man. Sir, the best way to promote temperance in this country is to have people drink lager beer instead of whisky and high wines.
Mr. MORRILL. I move that the committee rise, for the purpose of closing debate upon this paragra
Mr. PRICE. I desire to reply to the Gentfrom NewYork, [Mr. BROOKS]
The CHAIRMAN. Debate is closed upon the amendment.
Mr. MORRILL. I must insist on my motion that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Isunnsou. reported that the ComWhole on the state of the Union had had the Union generally under consideration, and particularly the bill of the House (No. 387) regulating trade with the British North American possessions, and had come to no resolution thereon. CLOSE OF DEBATE.
Mr. MORRILL. I move that all debate in ComWhole on the state of the Union on the pending paragraph, and the amendment thereto, of the bill now before the committee, terminate in 5 minutes after the committee shall resume the consideration of the same.
Mr. GRINNELL. I move to amend that motion by making it 3 minutes instead of 5 minutes. i The amendment of Mr. GRIXNELL was not agreed to. The motion of Mr. Momma. was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. WILLIAM J. MCDONALD, its Chief Clerk, informed the House that the Senate had passed House bill No.135, extending the time for withdrawal of goods for consumption from bonded stores and public warehouses, and for other purposes, with sundry amendments, in which he was directed to request the concurrence of the House. TRADE WITH BRITISH AMERICA Again.
Mr. MORRILL. I now move that the rules be suspended, and that the House resolve it self into ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. INGERSOLL in the chair) and resumed the consideration of House bill No. 837, regulating trade with the British North American possessions. The ending question was upon the motion of
Mr.ion to make the duty upon bane! 15 cents instead of ten cents perbushel
Mr. WILSON, of Iowa. Imove to amend; the amendment of m colleague [Mr. PRICE]; by making it 25 cents instead offifteeu cents, and I will state m reason for making I that motion. It will cost orty cents perbushel t to transport barley from the Mississippi river to Builulo, the point where it will come in dii rect competition with Canadian barley. Now, sir, I propose a duty of 15 cents less perbushel than it will cost my colleagues constit, uents to transport a bushel of barley raised by l them to the competing point, Buffalo. His county, I believe, 15one of the grentestrbarley, growing counties in the entire Northwest. I hope my colleague will accept my amendment and let us have a vote on it instead of on the one he has offered.
Mr. PRICE. I accept the amendment of my colleague, [Mr. WiLsos.] I wish to say in reply to the Gentfrom NewYork, [Mr. Bnooxs] in regard to the tem erance view of this question which he has ta en, that if I had any idea it would make the people of the country, and particularly of the city of NewYork, more temperate than they are now, I might be induce to waive this amendment so far as I am concerned; but. I have yet to learn that the desired result would be produced in this way. But, sir, I deny that morality or temperance has ever been promoted by the increased manufacture of lager beer. More than that, sir, I deny that the wine drinking countries of the world are the most tem erate countries of the world. I know that this has been stated; but I challenge any gentleman to produce the proof. I have been informed by those who have trav eled in Europe and have had full opportunity of observation, that in the wine drining countries of Europe even the women arein the habit of becoming intoxicated. When, therefore, the assertion is made, here or elsewhere, that the wine drinking countries of the world are the most temperate countries of the world, Idesire that the seal of condemnation shall be put upon that assertion. No, sir; neither lager beer, wine. nor anything of the kind, has ever conduced to virtue or to temperance, nor ever will. The argument of the Gentfrom NewYork, so far from inducing me to vote against the ending amendment, would be an aditional inducement, were that necessary, for votin the other way. But, sir, this is a tarifor revenue, and for protection to American manufacturers and American productions; and we shall not be doing our duty to the country if we fail to protect our agricultural products against undue importations from other countries.
Mr. STEVENS. Allow me to suggest that if the provisions of this bill are important to regulate trade with Nova Scotia or some other corner of Canada, why should not these provisions be embraced in a general tariff bill and be made uniform for all the world? Why patch up the thing by corners in this way?
Mr. PRICE? I am perfectly willing, Mr. Chairman, that we shall have one general tarili, which shall include not merely one “pent up Utica, ” but a “whole boundless continent.”
Mr. MORRILL. I desire to say, in reply to the Gentfrom Pennsylvania, that for many of the articles included in this section there is no provision in the general tariff. I now move to amend the amendment by striking out “25” and inserting “15.” The amendment to the amendment was rejected. The amendment of Mr. Pnien was agreed to.
Mr. PRICE. I move to amend as follows: In line 16 strike out “ one"and insert " so that 2, the clause will read: “Beef, 2 cents perpound."
Mr. BERGEN. I move to amend the amendment by striking out “2” and inserting “oIne half." think Mr. Chairman, that the laboring men of the country already have sufficient. difliculty in obtaining the necessaries of life. I object to increasing the burdens under which they labor. Iain in favor of relieving the laboringlman of the country, the working man; and I think a reduction in the price of the article of beef will have this effect. I hope my amendment will be adopted, so that instead of increasin we will diminish the price of beef.
Mr. ARNSWORTH. I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Incensmm reported that the ComWhole on the state of the Union had had under consideration the Union generally, and iarticularly House bill No. 337, regulating tra c with the British North American possessions, and had come to no resolution thereon.
The SPEAKER. The hour of half past 4 having arrived, the House, in obedience to the order adopted this morning, will take a recess until half past 7 oclock this evening. EVENING SESSION. The House at half past 7 oclock p. m. resumed its session. CIVIL SERVICE.
Mr. JENCKES: I ask unanimous consent to offer the followmg resolution: Reholved.That aselect committee of 7 members be appointed by theSpeaker, whoseduty it shall be to consider the subicct of the civil service of the U.S., and measurestopromoteits cflicioncy, and report by bill or otherwise. There was no objection, and the resolution was received.
Mr. WOODBR/IDGE. Mr. Speaker, I will state the facts in the matter. That bill is now before the ComJudiciary. It was introduced by my friendfrom RhdIsland and referred to the ComJudiciary. I am ready whenever that committee is called to reportpand I may inform my friendfrom RhdIsland that the report of the committee will be adverse to the bil. Iwill say, in justice to him, that the bill is drawn with remarkable c learness and ability, copying to agreat extent the English and French systems. It was impossible for the ComJudiciary, with the vast amount of business before them, to give it that consideration and pruning which seemed to them necessar if the bill should pass. I have no ideat ie ComJudiciary would object if the bill were taken from them and referred to a select committee. It is an important subject, and one in which my friendfrom RhdIsland takes a deep interest; and though I am free to say I do not agree with him in e policy of the bill yet havim7 it in charge as a member of the judiciary (Iommittee, would be willing the House should take it from that committee and ive it to a select committee.
Mr. WILSOI, of Iowa. I will say, in addition to what has been said by the Gentfrom Vermont, if the House conclude to raise this select committee I am satisfied the members of the ComJudiciary would agree that the bill might be reported back now and referred to that committee.
Mr. JENCKES. It was in view of the business before the ComJudiciary I submitted the pending resolution. I demand the previous question.
Mr. WASHBURNE, of Illinois. What is the position of the resolution?
Mr. WASHBURNE, of Illinois. I hope it will not be sent to a select committee. We have now too many select committees.
Skip Skip The resolution was adopted. Mr. JENCKES mtRtv the resolution was adopted; upon the table. Agreed to. Illinois CENTRAL RAILROAD.
Mr. STEVENS, by unanimous consent, submitted the following resolution: Reached. That the SecyWar he directed l tI transportation of troopsand property of the to inform the Housewhat amount of moneyhas been paid to the 111moisCentral Railroad Company 60a1tg:; cSotamtepsa.naynd what amount is yet claimed by the said to beduefor such servtce.
Skip Skip The resolution was adopted. Mr. STEVENS mtRtv the resolution was adopted; upon the table. Agreed to. CITY OI" TORONTO.
Mr. SCOFIELD, by unanimous consent, introduced a JtResolution granting an American register to the Britishbuilt brigantinc Ci of Toronto; which was read a 1st and cocoa time, and referred to the ComCommerce. IOWA LAND GRANTS.
Mr. ALLISON, by unanimous consent, presented a JtResolution of the Legislature of Iowa, in relation to the lands granted to that State in aid of the construction of railroads; which was referred to the ComPubLands. KANSAS and NBOSHO VALLEY RAILROAD.
Mr. VANHORN, of Missouri, by mianimous consent, introduced a bill to aid in the construction of the Kansas and Neosho Valley railroad, connecting the eatlakes, Iowa, Missouri, and Kansas With exas and the Gulf of Mexico, and to secure to the Government the use of the same for postal, military, and other purposes which was read a 1st and 2nd time, an referred to the CoTnmittce on the Pacific Railroad. BUREAU or AGRICULTURE.
Mr. MOULTON. Mr. gpeaker, a resolution was introduced into this House to procure certain information in detail from the ComrAg. His report has come to the House, and it shows the expenditure of vast sums of money and permit me to say, in my opinion, the report on its very face discloses great irregularities and looseness in that bureau. I oiIer the following resolution: reanlued, That the report of the Commissioner of the Agricultural Bureau. mad oto this House in an swer to a resolution of inquiry. be referred to the ComAg, with pqwer to send for persons and papersin relation to said report. should said committee deemit necessary.
Skip Skip The resolution was adopted. Mr. MOULTON mtRtv the resolution was adopted; upon the table. Agreed to. BRIDGE OVER THE HUDSON.
Mr. BEAMAN, by unanimous consent, from the ComRds&canals, reported adversely on House bill No. 38, to declare the bridge over the Hudson river a highway; and moved that the bill be laid upon the table. The motion was agreed to. DOSDHD GOODS.
Mr. MORRILL. I move to take 11 House bill No. 135, to extend the time for withdrawn] of goods for conlumption from public stores and bonded warehouses and for other purposes.
Mr. WASHBURNE, of Illinois. Iobjectto its consideration at this time. The bill and amendment were referred to the ComWays&Means. CLERK procouinrrnn.
Mr. PRICE. I ask leave to offer the following resolution: Resolver], That the ComPacRailroad be allowed a clerk for the next 90 do at the samecompensationas is aHOWodto the clot of similar committees.
Mr. ROSS. I object. AGRICULTURAL REPORTS.
Mr. MILLER. I ask leave to offer the following resolution: Whereas owing to the increasing demandfor Ag ricultural Reports, the number of copies heretofore issued are inadequate to an ply those ensued in "3:3llt;?1Iplinhtuts: There ore. the ComPrintinl be and haarevihnegreby.requiredto inquire into the expediencyof an additional number of copiesof the Agrigiliural Reports printed and make report accord E5.
Mr. ALLEY, by unanimous consent, moved to take from the Speakers table the Senate (amendments to the post route bill, and that they be concurred in. The motion was agreed to. TRADE wrru BRITISH AMERICA.
Mr. MORRILL. I move to suspend the rules, and that the House resolve itself into the ComWhole. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. INGERSOIJ. in the chair) and proceeded to the consideration of House bill I0. 337, regulating trade with the British North American possessions.
The CHAIRMAN. The amendment pending moved by the Gentfrom Iowa [Mr. Paton] is to strike out “one” and insert “two, ” so it will read, “beef, 2 centser ound " to which the Gentfrom lNewYork
Mr. BERGEN] moved an amendment to strike out “one” and insert “one half”. The amendment to the amendment was disagreed to. The amendment was adopted.
Mr. ROSS. I move to amend by striking out “ 15 ” and inserting “25, ” so it will read Broom corn. 25%. adoalorem. The amendment was agreed to.
Mr. PRICE. I renew it for the sake of bein able to say that the Gentfrom NewYork[Mr. Coxxuxo] is slightly mistaken in one respect. I undertake to sayjust as positively, and I will try to say it just as distinct y, as that gentleman made his statement, that everybody oes not know that every man who has attempted to make amendments to this bill is in favor of loading it down so as to kill it. I presume I am understood. Iwant to say just as distinctly and positively that every man who has made amendments to this bill.
Mr. CONKLING. The gentleman is better understoodthau I am. Idi not say that every gentleman who offered amendments desired to kill the bill.
Mr. PRICE. The gentleman said the amendments, and that includes the whole
Mr. CONKLING. No, not the whole at.all. Mi". PRICE. If the gentleman denies that he means that, why then, that is enough.
Mr. MORRILL. I merely desire to make an appeal to the House that we may get through with the bill this evening. We have got near y through with that part of the bill which I suppose will excite debate. I think we are com1ng to some provisions that. all will concede are of importance to us all; for instance, I suppose that gentlemen from the West desire that the avenues for the transportation of their freight shall be left O on; and I hope, therefore, that we shall be able to make some progress in the bill, and that its real friends will only make such motions as they really desire to have passed.
Mr. SPALDING. If the gentleman will let us vote on the bill instead of making so many speeches we may make some regress.
The CHAIRMAN. Debate is exhausted upon the pendin amendment.
Mr. ROSS. lgmove to amend by adding, “not to take effect for the next ten days.” I regret that anything should have occurred in my conduct that should have given ain to my distinguished friendfrom NewYork, [Mr. Wis menu]
Mr. BEAMAN. I rise to a point of order. The Gentfrom Illinois 3
Mr. ROSS] is not discussin the ending amendment. The C AIRIAN. The Chair sustains the point of order. The Gentfrom Illinois fMr. Ross] will proceed in order.
Mr. ROSS. I am just reaching the amendment. I say that, in my judgment, under the circumstances by which we are surrounded, it is proor legislation to be had by this Congress. Nor o I regard it as a departure from the fundamental principles, to which my friend has alluded, which have governed the action of the Democratic party.
Mr. BEAMAN. I insist upon my point of order, that the gentleman is not discussing the amendmen the as proposed.
The CHAIRMAN. The Gentfrom Illinois must confine his remarks to the pend in amendment.
Mr. ROSS. I will say I was surprised at the remarks which fell from the Gentfrom Vermont, [Mr. MonRrLL] showing that he should object to a duty of 25%. upon the products of the farmers of the West, when he is not satisfied with less than from 40 to 50 and 100%. upon the labor of his own State.
Mr. BEAMAN. I rise again to a point of order. The amendment of the gentleman proposes that this shall not go into effect for ten ays. My point of order is that he is not discussing that amendment.
The CHAIRMAN. The Chair overrules the point of order. Mr. ROSS. If the gentlemanhasgot through his points of order will proceed. I have understood the theory heretofore ured by the peculiar friends and advocates of 518 system.of protection to be that the higher the tariff the cheaperthe ends. Now, I want to:1 ply that to In NewEngland friends. Iwantt em to try if, y gutting a tariff on wheat and pork and beef on broom corn, those articles will come cheaperto them. Why, sir, this article of broom cornjs a matter of very great interest to my constituents; it is an article that is raised largely in Illmois, and in the district which I represent. Now, I ask, why should we not have a dut of at least 25%. upon this article, while upon the article of marb e, Hi friend, the chairman of the Committee of W ays and Means, [Mr. MonuILL] wants 40 or 50%. dut "I
Mr. WINFIELD. I would ask my friend if he is a convert to the doctrine that a high tariff makes cbea goods?
Mr. ROSS. No, sir; I think the tendency of the legislation of this country should be towaerd free trade rather than toward a high tari.
Mr. ROSS. It seems to me that my time has been taken up by the points of order of the Gentfrom Michigan, [Mr. Bismuth]
Mr. BLAINE. Mr. Chairman, I was very much surprised and somewhat mortified a few days ago on findin when Ihad made a motion to get rid of this bill at an early stage of the debate upon it, that a great many gentlemen who sympathized with my purpose considered it a discourteous and rude motion. I certainly intended nothing of the kind to the ComWays and It eans. The chairman of that committee assuredly knows that it would be utterly impossible for me to make a motion in this House intended to convey disrespect or discourtesy to him. I thought that the House was against the bill. I do not think that O wosition to a bill was ever more unmistakab y indicated than has been to this bill from 1st. to last; and I do not believe you can find 40 gentlemen who can say that they intend to vote for the bill as it has gone through the amend atory process. Now, as our time is valuable, is it not best to express the sense of the House on a direct motion? and having said that I did not intend any disrespect before, it is unnecessary to repeat that I do not now intend disrespect when I renew the motion, for the purpose of bringing this question to a head at once, to strike out the enacting clause of the bill. I submit that motion.
Mr. MORRILL. Will the gentleman allow me one minute?
Mr. STEVENS. I submit that the motion to strike out an enacting clause is not debata ble.
Mr. MORRILL. If it is not, the gentleman can withdraw it,so that I can say a word, and I will renew it.
Mr. CONKLING. I believe I am on the floor, as I was recognized.
Mr. BLAINE. I withdrew it with the understanding that the Gentfrom Vermont [ML MOBRLLL] had t 10 floor, and understand in that he would renew it.
The CHAIRMAN. Does the Gentfrom Maine withdraw his motion to strike out the enacting clause?
Mr. BLAINE. I withdrew the motion at the renest of the Gentfrom Vermont, Mr. 011mm] an the Gentfrom NewYork [Mr. Coxxtnvo] stepped in by some clever trick, in order to say that I yielded to him. I did notyield to the gentleman. I insist my motion is before the committee.
Mr. CONKLING. I rise to apoiut of order. I want to know what the gentleman means by saying that I got the floor by a trick, whether a very clever one or otherwise.
Mr. BLAINE. I meant to say that I yielded to the Gentfrom Vermont, [Mr. Mon RILL, wghoasked the privilegeof saying a word; and understood that the gentleman would renew the motion. I never have up the floor to the Gentfrom NewYork.
Mr. CONKLING. That is a very round about answer to my question. My point is this: I arose to address the Chair, and ) was recognized. The point was made that
Mr. BLAIL E. I have not yielded the floor.
Mr. BLAINE. I call the Gentfrom NewYork to order.
The CHAIRMAN. The Gentfrom Maine is not in order; the Gentfrom NewYork is recognized.
Mr. CONKLING. My oiutoforderis, that I was recognized by the Chair.
The CHAIRMA. The point was made by the Gentfrom Pennsylvania, [Mr. Srs vans ] that the motion to strike out the enacting clause was not debatable. It was then an nounced that the motion was withdrawn, and the Chair then recognized the Gentfrom NewYork, [Mr. Coxninxd]
Mr. BLAINE. If the Gentfrom NewYork was recognized, how could I withdraw the motion? I had not the floor in that case to withdraw it. The ver purpose of withdrawing it was an admission that I was entitled to the floor and that I held it.
The CHAIRMAN. lheGentfrom NewYork was in order as the Chair understood the Gentfrom Maine moved to strike out the enacting clause, and the Gentfrom NewYork rose and was recognized.
Mr. BLAINE. He was interrupting me within my time.
The CHAIRMAN. Let the Chair proceed without interrution. The Gentfrom Pennsylvania [Mr. STEVENS? sugvested that the motion was not debatable, and the Chair sustained the point. the Gentfrom Maine then withdrew his motion: the Gentfrom NewYork was recognized by the Chair. He has a right to proceed in order.
Mr. CTlNKLING. Now, if I maybe allowed to make a remark, I will proceed with what I was goin to say. The CfiAIRMAN. There is no amendment pending.
Mr. CONKLING. move, then, to strikeout the last word of the section or paragraph that we are considerin.
Mr. SCHENCKg. I have not yet withdrawn that “broom” of mine. [Laughter] I will take it out now so as to give the gentleman an opportunit.
Mr. CONKLING. I withdraw my amendment to the amendment.
Mr. STEVENS. I renew the amendment to the amendment for the purpose of saying a word Q 2 on this bill. I want to say. what hasbeen better said by the Gentfrom Ohio [Mr. Scunxcn] than I can say it, that I believe no special tariff ought ever to be enacted in this country. That which is for one country should be for all; that which is for one portion of this country should be for all portions of it. Now, if we pass no bill of this kind at all, what will be the result? The general tariff which now exists, and which on account of the reciprocity treaty did not:1 ply to Canada, will a ply to all countries alilie. We will not be left without a tariff, but the old reciprocity treaty will be supplied by our general tariff. Now, this bill undertakes to reduce our General tariff in order that we may favor Canada. It is said if this bill is not passed their cattle will come in free. How long will it take the ComWays&Means to prepare a tariff that will remed that evil? It may take them a month we will say. In the mean time our friendfrom the Chicago district [Mr. Wnxr WORTH] has introduced a bill which passed, under which cattle cannot be introduced here from any country until we repeal that bill. No live stock can be brought in under that bill.
Mr. MORRILL. If my friendfrom Pennsylvania [Mr. STEVENS] will allow me, I will say that t leSecyTreasury has suspended the operations of that bill, and cattle are now admitted free from Canada.
Mr. MORRILL. Undera2nd bill passed in the morning liour some days ago.
Mr. STEVENS. It must have been passed some morning quite early before I got here.
Mr. CONKL NC. lfl am not mistaken, the Gentfrom Pennsylvania [Mr. STEVENS] himself voted for that bill.
Mr. MORRILL. This bill as now amended gives, I believe, as high a tariff upon these articles, and upon most of them higher, than now exists.
Mr. STEVENS. Then why should we pass these special tariffs? Why should we have one for atown in Nova Scotia, another for a township in NewBrunswick, and another for a place way down by Breakwater. I do not know where? What kindof statesmanship is that which would cut up into 100 different bills what might. be in one general tariti bill? A tariff which embraces Pennsylvania should be the name for the West, for NewEngland as well as for the rest of the country. I promise my friend on my left here [Mr. Bums] tha would renew his motion to strike out the enacting words of this bill, in order that this matter may be fairl tested. If this committee wishes a specia tariff, then they can vote down that motion. If they want a General tariff, and are willin to wait until the Gentfrom Vermont [Mr. MORRILL] an his committee can proare one, then they will vote for the motion. The Gentfrom Vermont says some of the last sections of this bill are very important, and if this bill is not named they will be lost. Why, sir, if he will on y take his scissors and cut them out and put them in another bill, they will not be lost. Laughter] upon the motion to strike out enacting wor s of the bill, upon a division there were aycs 56, noes 42. Before the result was announced, Mr. MORRILL demanded tellers. Tellers were ordered; and Messrs. Momma and SPALDING were appointed. The committee again divided; and the teller: reported ayes 63, noes 37. 4 So the motion to strike out the enacting words of the bill was agreed to.
Mr. HILL moved that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. INGERSOLL reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly House bill No. 337, regulating trade with the British N orth American possessions, and had directed him to recommend to the House to strike out the enacting words of the bill.
Skip Skip Mr. STEVENS. I call the previous question upon concurring in the recommendation of the ComWhole. The previous question was 2nded, and the main question was ordered. Mr. MORRILL. Icall for theycasandnays upon striking out the enacting words. The yeas and uays were ordered. The question was taken; and it was, decided in the affirmative yeas 76, nays 52, not voting 66; So the enacting clause of the bill was stricken Out. During the call of the roll, Mr. YERS stated that Mr. ONEILL had paired with Mr. Joxss. Mr. SCOFIELD announced that he had paired with Mr. Par reason. Mr. ANCONA stated that Mr. JOHNSON was detained from the House by sickness. Mr. HILL announced that Mr. SriLwsL was confined at home by sickness. The result of the vote was announced as above stated. Mr. STEVENS mtRtv just taken; on the table. Agreed to. PRINTING of TESTIMONY.
Mr. SCHENCK. I ask unanimous consent to submit the following resolution: Remind, That the ComPrintg be in Itructed to inquire into the expediencyof printing 20,000 copieseachof the reports and testimony taken by the select comReconstruction and to report by resolution orothorw ise.
Mr. SCHENCK. I anticipated an objection. move to suspend the rules to allow the introduction and reference of the resolution.
Skip Skip Mr. ROSS. I demand the render order. The SPEAKER. This being Honday a motion to suspend the rnlcs is in order when no other business is before the House. Mr. LEBLOND. I demand the yeas and page on the motionto suspend the rules. be yeas&nays were ordered. The question was takcn; and there were yeas 98, nays 27, not voting 63; So (2/3rds voting in favor thereof) the rules were suspended; and the resolution was received and referred, under the rule, to the CoDmumriitntege on Printing. the call of the roll, Mr. H LL said: My colleagues, Mr. Wasn DUI“, and Mr. NIBLACK, absent on leave, have fired on this and all other questions of a sim character. Mr. THORNTON said: On questions of this character I have paired with Mr. Baum m until next Wednesday. The result was announced as above stated. Mr. SCHENCK mtRtv just taken; on the table. Agreed to. FORTIPICATION BILL.
Mr. STEVENS. I desire to have acted upon this evening House bill No. 225, making upproriations for the construction, preservation, an repairs of certain fortifications and other works of defense for the year ending J nue 30, 1867. I do not think it will take more than half an hour. Possibly the House will agree to consider it in the House under the 5 minutes rule.
Mr. STEVENS. I move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resolved itselfinto the ComWhole on the state of the Union, (Mr. wILSON, of Iowa. in the chair) and proceeded to the consideration of the special order, being House bill No. 225, making appropriptions for the construction, preservation, and repairs of certain fortifications and other works of de fense for the year ending the 30th of June, 1867.
Mr. STEVENS moved that the 1st reading of the bill, for information, be dispensed with. The motion was agreed to.
Mr. ROSS moved that the committee rise.The motion was disagreed to.
The Clerk read, as follows: Be it enacted by the Senate and HoRep of the U.S.A. in Congress assembled, That the following sumsbe, and they are hereby, appropriated out of anymoneyin the Treasury not otherwisea ppropriated, for the construction, preservation, and repairs of certain fortifications and other worksofdetensefor theyear ending the 30th OfFJourncI, or1t86W7a: yne, near. Detroit. Michigan, $50,000.
Mr. FARNSWORTH. I move to reduce the appropriation to $25,000. he committee will observe by looking through this bill that there are appropriations of $50,000 for different forts and fortications, and others iropriations, some larger and some smaller. "his is simply a transcript of the estimates of General Delafield. Now, I am not prepared to vote for all these items ofappro priation unless some good reason be given for them. lbelieve 1/2 will be sufficient, and as much as we ought to tax our constituents to pay. I think we can, as a general thing, reduce these about one half, Without d iment to the public service and with advantage to the country.
Mr. STEVENS. I think we ought to consider well before we reduce the estimates. It will be recollected these fortifications are being put into condition to mount the new guns upon them. The old guns are being thrown away, and new guns are being put in their place. It may be those having charge of this matter have overestimated, but the ComAppropriat had no means of knowing that they have been extravagant. Therefore, having no means of knowing it, we had no means to report on it. will so these are appropriations said by the proper dept to be necessary for the ensuing year to put these fortifications into condition, such as have stated. As I do not propose to occupy the time of the House herea er, have made this general statement.
Mr. BROOKS. I agree fully in the remarks of the gentlemen from Illinois, [Mr. FABNS wonrnjthat in a time like this, when our taxes are O enormous we ought to hcsitate a great deal before we O into a great expenditure for fortifications. I speak as a.man mm the sea coast, representin a large commercial district, more interested in ving the coast fortified than those in the interior; but it does seem to me, looking at our heaVy expenditures and taxes and the condition of the country, which at this time is not alarming, we ought not to go into these appropriations for fortifications unless they are necessary. The chairman of the ComAppropriat does not undertake to defend the billl from any knowled e of his own, but we have the mere assertion that such are the estimates from the proper Dept. Military men, it is well nown, are in favor of large appropriations as the Treasury will admit, an oftentimes larger; and I do not wish to go further with these appropriations without some examination on the part of the ComAppropriat, an sonic evidence that they are necessary, more particular], I repeat taxed as we are and as we are like yto be. It isindispensable, if we have any regard for the suffering people in a time like this, to hesitate in our appropriations. The science of fortification is constantly chan ng, and we know changes are constantly toing place in reference to artillery. We do not now whether these are to be earthworks or stone works. As I understand these appro i iations, they are for the construction, enlargement, or completion of granite or stone fortifications.
Mr. STEVENS. They are a more change for the purpose of mountin the new artillery.
Mr. ARNSWORTH. do not. understand that new artillery is to be put upon them.
Mr. STEVENS. I have so understood. I understood they were mainly to be used for that purpose.
Mr. ASHBURNE. of Illinois. Mr. Chair man, itappears by the reading of the bill these appropriations are for the construction, preservation, and repair of certain fortifications, and not for mounting guns. Now, sir, I do not think there is any ressing necessity for pushing this work with any great rapidity at the present time. The present high pricesof material nndlabor, I think, should have their effect upon the House. We all hope the time will soon comewhen this work can be done for a much smaller sum than it would now cost. I agree fully with what has been said by my colleague [Mr. Fansswonrn] and the Gentfrom NewYork, [Mr. Bnooxs] that we should make as small appropriations as possible. I think we could get along with 50%. of this amount, reducing the appropriation to that extent.
Mr. BRO ES. I wish the gentleman would makeaproposition of that sort for, so 500,000 dollars or 300,000,000 dollars, to be appropriated for the main tenance and repair 0t fortifications generally under the direction of the SecyWar. I would not wish to have these fortifications go to ruin, or to have them neglected, only to be he t in order in their existing state. Mr. STEVENS. The committee struck out $125,000 yesterday. If any gentleman chooses to make a motion, although not strictly in order, I think it would be entertained, that each of these appropriations should be reduced 50%., he will find no objections from the Committee of Wu 5 and Means.
Mr. WASHBURNE of Illinois. I think the ComWhole will agree to that.
Mr. BEAMAN. I have a single remark to make. I have no means of knowing precisely what is needed to be done nor how much money it may take to put this fort in proper condition, but I desire to call the attention of the committee to this fact, that this fort is within half a mile ofwhat may very soon be an enemys country. The relations between this country and England have been for some time on rather an unpleasant footin, and as we are in such close proximity with British territory Ihrzipe the committee Will take this fact into consideration be.fore they reduce the appropriation.
Mr. BIDWELL. I am in favor of every effort made here tendingto economy in the expenditure of the public money, but I do hope whatever reduction may be made in this bill generally, that itwill not be applied to the pacific coast. You will all hear me out that that Imaking the reduction in the matter of the appropriations made for the fort at Detroit before is an important part of this Republic. We are separated from you by a space measuring 1,000s of miles. We have no roads across the continent to connect us with the Atlantic sea board. We are liable every year I might say every month, to become embroile with foreign Powers, and should we get in difficulty with any of them it. certainly will be with the grand mar itime Powers that have vast navies. The safety of our coast depends upon finishin the fortifications already begun. I hope, therefore, in carryiuor out these principles of economy, which I so fulIy reciprocate, the Pacific coast will be remembered.
Mr. RANDALL, of Pennsylvania. I desire to suggest to the Gentfrom Pennsylvania
Mr. STEVENS] such an amendment as this. n the aggregatel find the appropriations in this bill amount to about a milhon and a half dollars. Now, if the gentleman will move or accept an amendment appropriatingin general $500,000, and leaving it iscrctionary with the “for Dept where that money shall be expended, it could then be.used upon such forts as urgently require repairs. Some of these forts, I have reason to believe, now need no repairs, and will not in all probability need them for 12 months to come; so that we can have economy exercised in the appropriations, and at the same time none of e fortifications will suiler. As to the probability of foreign war, I have only to say that I think the time has gone by when that argument should have any weightin l is House. I
Mr. WASHBURNE, of Illinois. Let us agree to reduce them all.
Mr. SPALDING. Let us agree to reduce all the appropriations 50%. That will i give them all they. can probably use to advan tage in one year, and p we shall reduce the amount we have to pay at this time.
Mr. McRUER. I hope that will not be agreed to. It seems to me that it is very strange legislation to take up abill of this character and reduce the amounts 50%. upon everything. Now, for instance, in this bill there are certain amounts appropriated for sea walls. other sums are appropriated for repairs, and other sums are necessary for construction. I think it is wise to take up these various provisions and decide upon each one upon its own merits. Now, I speak for the Pacific coast, and I see that in this bill there is about $200,000 appropriated to defend the harbor of SanFranciseo. That is the only fortification upon the 2000 miles of the Pacific coast; it is the only vulnerable point; and if we have a foreign war it will cut oil“ at once communication with the Pacific, and then it may be very difficult to make these reairs; it may be very essential to send from t ie Atlantic materials in order to complete the fortifications already be u there. I hope that an amendment to reduce the whole bill 50%., without any regard to the necessities of each case, will not pass.
Mr. SCHENCK. I do not wish to interpose any very serious objection to what seems to be an almost fore one conclusion with members of the House, that the properway to deal with a fortification bill is to cut down each item 50%. I only wish to call the attention of the committee to the fact that nobody here knows any reason why 50%. any more than 60 or 25%., or any other%age whatever, should be the measure of reduction. Now, this bill comes to us from the ComAppropriat precisely as every other fortification bill has come to us in all former years. Gentlemen have complained that the ComAppropriathave not informed themselves in regard to the character of the work, whether it is granite, or brick, or earth work, and what kind of guns are to be mounted.
Mr. SPALDING. The items in the bill are in accordance with the estimates sent in.
Mr. SCHENCKL I was about to speak of that. That is all the committee know about it, and all I know about it. I do not think my venerable friendfrom Pennsylvania [Mr. STEVsxs] is exactly in a condition to go off, even if we were to adjourn over from Fridays to Mondays, to Florida and Georgia, to California and Michigan, and to different points in NewYork and Massachusetts and Maine, to inspect these works and make his own estimates; and it is not improbable that his engineering knowledge, having grown rusty while he has been legislating so wisely and so well for the country, might be at fault in making the necessary estimates for these several works. The truth is, as in ever other case and in every former year, the War dept, through its proper officials charged with this duty, has made estimates for what is necessary for the continuation of these several works; and Imay make this additional remark, that it has been thought advisable by the Government, through the persons representing the War Dept, to ask for such appropriations as Wlll put all the several works of this class, at all the different points of defense along our coasts, in such a condition as to be prepared for all possible contingencies.
Mr. WAsiiBURNE, of Illinois. I would ask the gentleman if in the last Congress the Senate did not cut down the appropriations in the fortification bill 50 or cent., and if the House did not concur in that action.
Mr. STEVENS. In regard to the apro priation for the survey of the northern la res, know it is printed in the bill $150,000; but I have it mared so that when the propertime arrives I shall move to strike out $100,000, and leave it according to the estimate. I do not know that much more need be said upon this subject. As for a knowledge of all these things, it seems to be expected that the ComAppropriat will know all about them. We felt very well disposed to examine all of them, go over them all, working week days and on Sundays. But upon examination we found that we could not O around and examine into all of them, an we were therefore obliged to confine our examination to about half of them is we have not had time to examine even those, we have to take the testimony of persons who have examined them. If, however, it is thought best to put off this whole business till next summer, it will give me great pleasure to visit all these places exec tthe southern forts, which we have struck out, because we did not know whether any of us could get down there to examine them. [Laughter] For the purpose of closing general debate, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. WILSON, of Iowa, reported that the ComWhole on the state of the Union having had under consideration the Union generally, and particularly the bill (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1807, had come to no resolution thereon.
Mr. STEVENS. I move that when the House again resolve into the ComWhole on the state of the Union on this bill, all general debate terminate in 1/2 minute. The motion was agreed to. ItMr. STEVENS. I move that the House again resolve itself into the ComWhole on the state of the Union, and resume the consideration of the fortification appropriation bill. The motion was agreed to. The House accordirigly resolved itself into the ComWhole on the state of the Union, (Mr. WILSON, of Iowa, in the chair) and resumed the consideration of the bill (H.R.N o. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1867.
Mr. FARNSWORTH. I move to amend the amendment by making it read $20,000. I desire to say a word in rely to the criticism of the Gentfrom Ohio EMr. SCHENCK] in regard to the practice of reucin estimates. The truth is that the ComWhole knows Just as much about this matter as the ComAppropriat did. We had simplythe estimates which were sent down to us from General Delaficld, the head of the engineer Dept. General Delafield has not examined these fortifications personally; he has made up his estimates from teestimate of some subordinate, who has followed the report of some still lower subordinate. Now, we find that in the case of Fort Wayne, Congress appropriated last year $75,000 for the purpose of putting it in repair. How much was appropriated the year before I do not know. We find, too, curiously enough, that the officers having charge of the expenditure of this money always managed to use u all these uppropriations. It is a singular tact, also, that so large a number of these fortifications should each require the precise sum of $50,000 to put them in repair. 1 on will find that the appropriation proposed for Fort Wayne is $50,000, for Fort Ontario, $50,000; for Fort Montgomer, $50,000; for Fort Georges, $50,000, &c. y examination, it will be seen that all the appropriations are in round, even numbers. Sir, it is evident that these estimates are simply guess work on the part of the officers who propose them. They guess that they can use up $50,000 at each one of these forts; and if you appropriate the money, they will be sure to exend it., ow, if the country were prosperous and our Treasury overflowing, it might be well enough to ornament these fortifications, to lay out e aborate walks, lant trees, &c.
Mr. STEVENS. f the gentleman will permit me to interrupthim, I will state that last year the estimates were $6, 540,000; this year the estimates are $1, 635,000.
Mr. FARNSWORTH. Yes, sir; but last ear other fortifications were included. It will e found, too, that in several cases the estimates this year are largely increased. For Portsmouth the amount this year is $25,000 or more in excess of what it was last year. If any of the work has been battered down, if any part of the works have been destroyed by the natural wear and tear of the weather a on them these appropriations are only aske to put them in sufficient repair for preservation. Here the hammer fe 1.] Mr. LYNCH. I understand that most of these appropriations are not for the repair of fortifications, but for completing and remodeling them. I know such is the case with the fortification at Portsmouth. It is also true in reference to the fortification at Portland. One is a new fortification and the other is an old earthwork which is being rebuilt. The appropriations we have before the House now are not meant to complete the fortifications, as there will have to be other appropriations here after, but these amounts are necessary to carry on the work for the present year. I agree with the Gentfrom Ohio in this matter, that if we make small appropriations the money will be practically thrown away. If we make the appropriations so small as not to be sutheient for the entire year, the work will have to be abandoned when the appropriation has been exhausted, and the Government must necessarily suffer some loss by the consequent neglect. If we appropriate sufficient for the work during the year, we will have the advan ta e of all t ie work that is done. do not know what is the amount necessary for these fortifications, but I presume the Dept does know and that these estimates are made with that nowledge. We are told this is the amount which can be expended advantageously during the present year, and I be e they will be agreed to. ItMr. FARNSWORTH. I withdraw my amendment.
Mr. ROSS. I do not agree with my friendfrom NewYork that our satety against invasion from other countries depends upon our forts. It depends upon our capacity to defend our selves. I think it is bad policy to be expending year after year millions of money on these fortifications. Experience during the last war has shown that forts can be thrown up in 24 hours sufficient for all purposes. We are continuallytaxing our constituents, placingheavy burdens on them to make appropriations for these forts, and I do not think they are necessary. I am willing to vote for all motions made to cut down these appropriations. Sir, there is no dangerof an Government attacking the U.S. hey all know the power and capacity of this Government to resist any attempt to infringe upon our rights. Year after year this same question comes up of appro rioting from 50 to 100,000 dollars to keep these forts in repair. Mil lions of mono have been expended for purposes of no utiity to the people whatever. We are to prepare for war in time of peace. Accordin to the theory of the gentleman, we are to exaust omresources and pile additional taxes and burdens upon the people for fear we are to get into war with somebody. Sir, there is no probability of any war. Who is goin17 to attack the U.S.? What Power dare do it? It is a mere ruse for the purpose of getting money expended in particular vicinities. There is no necessity for it whatever, and I be e my colleague will continue cuttin down these appropriations.
Mr. BERGEN. I “ renew it. This warning, In time of peace prepare for war, ” is avery properone. 5 years ago it was said there was no danger of secession or of rebellion, and the men who prophesied danger were scented as false prohets or as men who could not read the times. glow gentlemen cry out, “There I! no danger of foreign war." The gentleman who preceded me says that no nation dare attack us. Sir, there may be, and there is, danger of foreign war. Did not this House a few days ago vote in favor of a Mexican loan?
Mr. BERGEN. It think it did, but whether it did or not we have Mexico on our borders s and difficulties may occur with our neighbors at any time and it has been the practice of all nations in time of peace to erect their for tifications and prepare for war. It is our pol icy and interest to do so now. Let us not therefore cut down these appropriations.
Mr. STEVENS. 1pbelieve I must rise to aquestion of order. Gentlemen should confine emselves to the merits of this particular amendment or we shall not get through till to ward mornin. The CHAfitMAN. The Chair sustains the point of order. The gentleman will proceed in order.
Mr. BERGEN. I am 5 eaking about all the fortifications. I say if the appropriations are not made the expenses will remain nearly the some. The engineers and other officers will have to be paid, and master laborers will be employed.
The CHAIRMAN. The gentleman must confine himself to the amendment to reduce the appropriationfor Fort Wayne, near Detroit, from $25,000 to $20,000.
Mr. BERGEN. I was not aware that that was the exact position of the question oriwould have put my argument in a ifferent shape. I am really in hivor of expending the whole amount which has been recommended by the committee.
Mr. WINFIELD. I am in favor of the amendment to reduce the appropriation for this particular fort. I do so under the impression that it is hardly fair to get these appropriation bills for large amounts through the House by appealing to the fears of the country in regard to the imminence of foreign war. I have no idea that the peace of the country is to be broken up or that we are to be involved in war with any nation at any point of time that renders action on appropriations such as this essential or important.
The CHAIRMAN. The gentleman will confine himself to the amendment now pending.
Mr. WINFIELD. sailable at this particular point, and that therefore it is essential that this amount should be appropriated to this particular fort. Now, I desire to say that neither at this point, nor at any other, in my judgment, is the peace of the country in danger at this time and I have risen principally to dissent from the proposition that has been submitted by my colleague that we are in imminent danger of war in consequence of mismanagement in the adminis tration of our foreign alfnirs. I enter my protest against that imputation. I claim that the extremest skill has been exercised in extricating the country from danger in that direction, which seemed some time since to threaten us. The management has not only been skillful, but it has been successful, and is continuin, in my judgment to be so to this time. An if dips omatic s ill in regard to our foreign affairs will save us from being embroiled in a foreign war, I think we may assure ourselves that we are entirely safe. 1 do not consider these large appropriations necessary on account of any want of skill in the management of our foreign relations. I therefore protest against the Treasury being depleted for any groundless fears wtheltimay be expressed or entertained in that rer. lhc question was taken on the amendment offered )y Mr. CHANLER, and itwasdisagreed to. The question then recurring on the amendment of Mr. FARNSWORTXIto strike out $60,000 and insert $25,000; no quorum voted.
Mr. SPALDING. I call for tellers. Tellers were ordered; and the Chairman apinted Messrs. SrALnmo, and Wisiine iixs of Illinois. The committee divided; and the tellers reported a es 29, noes 57, no quorum voting. The rol was called, and the following members failed to answer to their names: Messrs.Alley. anderson. Delos R. Ashlcy. James M. Ashley. Buldwin.B:irker. Benjamin. Binghnm. Blow. Boutwoll. Boyer, Branilegee.Broinwell. Buck land, Buiidy. Ruader W. Clarke. Cullom. Culver. Bzvis. kley.Delano. Deming. Denison. Drigigs.Dumont. Euleston, Farquhar. Finck. Garfield. Gloss It is said that we are as breniicr. Goodyear. Grider. Griswold Hale. Aaroning. nrris. llart. Hayes Henderson. Hoteli kiss.As:ihel W.Iiubbiird. John ll. Hubbard. James R. llubbell lIulburd.Jiiines Humphrcy JiimosM.lluin iihclrlecyy. lnlglelr.s Koull.y kJochnndsiiolln. LaJotnhensin., JGuleiaonrg. eVK.asLsaown. rence.William LilWlOXIR. Marvin. McCullough. Mc Indoe. McKee Miller, Moorhend. Moulton. Myers, OWell.Nlbll.Cl(, NIChOlSOD, NONLOYNCHLPHUOISOD, ike.Plants, Pomeroy.Williamli.Riindall.Raymond, John H. Rico Ritter. Rogers. Rollins. Ross. Rous sep. Scofield. Shellabarger, $itgreaves.Sloan Smith. Stilwell. Strouse.Francis Thomas. John L. Thomas, Thornton. Van Aornnm.RObert T. Van Horn Ward. Homily D. Washbiirn. Whaley. Stephen F. Wilson. Win cm and Wright. The committee then rose; and the Speaker having resumed the chair, Mr. WILSON. of Iowa, reported that the ComWhole on the state of the Union had had under consideration the special order, being bill of the House No. 255, making appropriations for the construction, preservation, and repairs of certain fortifications and other worksof defense for the year ending the 30th of June, 1867, and findin itself without a quorum, he had directed the rol to be called and reported the names of the absentccs to the House. On motionof mr. WASHBURNE, of Illinois, gt 20 minutes past ten oclock p. m.) the House a journed.
@@@IN SENATE SENATE. TUESDAY, March 13, 1866. Prayer by Rev. Anruun BURTIS, D. D., of Buffalo, NewYork. The Journal of yesterday was read and approved.
Mr. DOOLITTLE, from the ComForRel, to whom was referred a bill (S.No.68) to carry intoeffect the 4th article of the treaty of Washin ton, concluded between GreatBritain and the U.S. on the 9th Au list, 1842, reported it without amendment, an submitted areport; which was ordered to be printed. BILLS INTRODUCED.
Mr. WILLIAMS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.197) to amend an not entitled “An act for the admission of, Oregon into the Union;” which was read twice Try its title, referred to the ComTerritor, and ordered to be printed.
Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R. No. 48) relating to legal tender notes; which was read twice by its title.
Mr. SHERMAN. I ask that the resolution be read in full, and referred to the ComFinance.
The Secretary read it, as follows: Reno/wedbythe Senate and HoRep in congress anembled, That the aggrenateoutstanding U.S. notes not hearing interest. including fractional currency, shall not be diminished below {420000.000.That all surplus in the Treasury exceed ng $40,000.00ino(rpmand $40,000, 00inocurrencyshnl be promptly a plied to the payment of accruing i debtednessan to the purchascorpaymentofinterest bearing debt of the U.S. But the amount of interest bearing legal tender notes shall not bodi minislied by paymentor conversion at a rate exceedingSe8c5.,000. per month. 2. A be u further resolved. That this JtResolution shall remain in force one year after its passage. The JtResolution was referred to the ComFinance. Mr. CONNESS. I hope that that resolution Wlll be printed.
Mr. SHERMAN. I will ask that it be printed if any Senator desires it.
The President prolempore. The order to print will be made if there be no objection. PRINTING or A BILL.
Mr. CRESWELL. A week or 2 ago, I introduced a bill S.No. 178) to incorporate the Metropolitan lining and Manufacturing Company. I omitted to ask for its printing, resuming it would be printed under the rules. t has not been printed, and I now move that it:ie printed. he motion was agreed to. AMENDMENTS TO THE CONSTITUTION.
Mr. LANE, of Kansas. I submit the followmg resolution: I Raoloed. That the ComJudiciary be instructed to 3 porton or beforeThursday next a res hracing amendment of the Constitution. om the following provisions: 1. Predicating representationin the severalStates on malesover the ageof 21. 2. Apportionin: direct taxes among the several gaeteresine .n the actual valueof real and personalestate 8. Pledgin the honor and faith of the count to the redomptIon of the loyal national debt. withyout In any way scalinl or reducin its value. t. minimum the Genera Government or any State governmentfrom assuming or paying any portion of the confederatedebt. 5. Prohibiting the genernl Government or any State government from paying for any slave prop61y. I ask the Senate to consider the resolution now, in order that it may go to the ComJudiciary.
Mr. TRUMBULL. It is very manifest that a resolution of that kind cannot be considbed and passed now. This is a resolution of positive instruction to a committee to report certain resolutions amending the Constitution. I reckon it would lead to a months debate.
Mr. LANE, of Kansas. I thought we had debate upon them all.
Mr. TRUMBULL and to report them by Thursday next! It would be, I think, a very unusual requirement of a committee to pass a resolution instructing it to report some 5 amendments to the Constitution of the U.S. within 2 days.
Mr. LANE, of Kansas. I desire to say that all these amendments have been discussed before the Senate and the House.
Mr. TRUMBULL. The Senator had better propose them at once, if he understands them.
The President protempore. Does the Senfrom Kansas ask for the present consideration of the resolution?
The President protmpore. lies over under the rule. BRONZE DOORS OF THE CAPITOL.
Mr. ANTHONY. I submit the following resolution, and ask for its present consideration: Resolved, That the ComLibrary be instructed to inquire what measuresshould be taken for the preservation of the bronzo doors n owat the entranceto the south extension of the Capitol. There being no objection, the Senateproceeded to consider the resolution.
Mr. ANTHONY. I desire to call the attention of the ComLibrary to those ver beautiful works of art, the bronze doors, at the entrance to the south extension of the Capitol. If they had been purposely placed where the would be soonest destroyed, there could not avebeen abetterplace selected than the one where they now are, in a narrow passage where 1,000s of people are passin [every day, rubbing their garments, canes, and umbrellas against the salient points, and anumber of the small ieces of bronze, the swords, have disappearedp from the figures. The feat ures of many of the figures have been injuned by this constant abrasion. If those doors remain there for a few years longer they will be utterly ruined. Moreover, they arein a very bad place to be exhibited, because they are folded in the inside of a passage, so that no person can look at them without standing in the passage way and thus obstructing the pass ersy. may say that the Speaker of the HoRep, in whose Dept those doors are, is desirous that this resolution should be introduced, so that it will not be at all trenching on his prerogative.
Mr. HOWE. I understand that a similar resolution has been passed by the other House, directing the ComPubBldg and Grounds to inquire into this matter, and they have the subject in their consideration. I do not know how the fact is. I have just been told so.
Mr. ANTHONY. I think there was a resolution of that kind introduced and the committee reported that a man had been employed by the ComrPubBldg to attend at these doors and see that they were not injured. 500 men could not protect them. especially on festival occasions when the Capitol is crowded. The ornamentation of the Capitol, I believe, has been under the charge of the ComLibrary, and this comes under that head. Either committee would beacceptable to me but I think the ComLibrary is the properone.
Mr. JOHNSON. The ComLibrary at the last session passed an order on Then it the subject, according to my recollection, instructing the architect to remove them if he could find a properplace to put them. I was then a member of that committee.
Mr. ANTHONY. The order has not been obeyed. They had better be boxed it than kept where they are now. They will e nt terlvruined in a year or two.
Mr. JOHNSON. the doorsarebeingruined as fast as such work can be ruined.
Mr. GRIMES. I think the Senfrom RhdIsland is mistaken in saying that the whole ornamentation of the Capitol has been under the charge of the ComLibrary. I know a portion of it was completed under the direction of the ComPubBldg and Grounds. The Senfrom Vermont, [Mr. Foor] who is now sick athome was the acting representative of the Senate and of that committee. It seems to me this subject more proper] belongs to the ComPubBldg and Grounds than it does to the ComLibrary. I believe such has been the action, at any rate during the last 5 or 6 years.
Mr. ANTHONY. I am entirely indifferent as to which committee it shall be referred. I only want to have the matter investigated. I accept the amendmentifthe Senfrom Iowa proposes to insert the ComPubBldgs and Grounds. The resolution was drawn so in the 1st place, but I thought the matter belonged to the ComLibrary. Let the ComPubBldg and Grounds be inserted instead of the ComLibrary.
The PRESIDENTpro tempore. The resolution will be so modified at terequest of the mover. The resolution, as modified, was adopted. morrosanr or cosaiiizss.
Mr. ANTHONY. I ask the Senate to take up the resolution reported some time ago from the ComPrintg for the publication of the Congressional Dictionary and dispose of it. It was objected to at the time. The motion was ngreed to; and the Senate proceeded to consider the following resolution: Resolved.That there be printed for the use of the Senate the regular number of copiesof the Dictionary of Congress, “ revised and broughtdowntodato and that the samecopyriht bePlllll the conipilerthat was paid to him by resolution of this body adopted June 20, 1864.
Mr. GRIMES. I should like to inquire of the chairman of the ComPrintin what is the “usual number” and how“ usual it is to print these books? What is meant by that?
Mr. ANTHONY. The resolution does not provide for the printing of the usual number; the language is the “regular number, ” the number printe before. I do not recollect exactly what that was, butI think about 1500. The “usual number” is a technical number; it is 1550, which gives one copy of a document to each member of Congress, head of a Dept and foreign minister, and a certain number to the Secretary, and a certain number to the docunientroom of each House. That is a technical term. This means the same number that was printed before:
Mr. GRIMES. On the passage of this resolution I desire to have the yeas&nays. The yeas and no s were ordered.
Mr. SHERMA.Ishould like to inquire what will be the price of this book. What will the gentleman who comiles this book get?
Mr. GRIMES. How much will it be alto gether?
Mr. CONNESS. Yes, sir. I think you might mine this book down to the bed rock and not find the color. This is the language of miners. That is what they say when t cy can find no gold, when there is nothing that they find that is worth looking for. I wish it were referred to that committee. There is a great deal of manuscrit here in the shape of corrections. Now, whether this is done by the assent of gentlemen or not, I do not know. I am sure lwould have nothing to do with either making a statement of facts connected with my life, such as it has been, for publication or with correcting errors. I hope that not a cent will be appropriated for printing and continuing this book.
Mr. ANTHONY. This publication has been twice or 3 times printed by Congress, and there has always been afight over it. The committee assumed from the decision that the senate had come to heretofore that it would print it again. There has been a great deal of abor expended upon it. A great many corrections an a great many additions have been made to it, and if it is worth printing at all, it is better now than ever before. l
Mr. GRIMES. In what year was it printed before?
Mr. ANTHONY. I do not remember, but it has been printed twice since I have been in Cengress.
Mr. FESSENDEN. We purchased a certain number of copies.
Mr. ANTHONY. Very likely; that is the same thin.
Mr. R DLE. The ComPrintg carefully considered this proposition and unan imousl came to the conclusion, for reasons which think will satisfy the Senate, that this book should be revised and reprinted. Whether it was right or wrong to print them in the 1st instance is anotherquestion. The argument of the Senfrom California a lies to that question. Every editor in the U.S and ever library has the last edition of this book. there are many inaccuracies in it.personally, I know nothing of Mr. Lanmaii. I have seen him I think twice in my life. senators have told me that there were inaccuracies in the present edition. It is not a book of en logies, as the Senfrom California intimated but it is a book purporting to contain facts, and when a Senator or a man who has ever been in the Senate or in the other House dies, the edit ors throughout the country publish what is set forth in this book in regard to him. Now, all that I want is to have a correct history of the lives of our public men, so that when unfortu nately a Senator or Governor or President or any man shall die the editors and libraries of the country shall have an edition of this book, giving a true history of the deceased. What will it cost the Government? About 1500 dollars. That is all that will be required to correct the errors which exist in the original book. No man could make a perfect book of this sort in the 1st instance, no matter what his resources, no matter what his instruction, no matter what his application. Let us now give him an opportunity to perfect it and give us the opportunity of having the facts of our lives (not eulogies upon them) published. You can do that now, to the satisfaction of your editors your libraries, and your people for $1,500. Icannot see how there can c any objection whatever to the resolution.
Mr. McDOUGALL. Mr. President, to this publication I sent no word of advice as to who was or what I had been; and when asked again for advice I have sent no word of advice. I do not advise in that way. What cannot be found out of and about me may O unrecorded. I think it well that a man should have a father who was well descended and a grandfather who was well descended and progenitors who were such. I think it gives great strength to those who come after us. It ives them a law of maintaining the right, an to be well de scended to my cat great grandehildren would be an honor. o be a Senator or Representative in the Federal Congress is a mark of the dignity of the nation, and for this it is sufficient to publish this book.
Skip Skip The question being taken by fyeas&nays, resulted yeas 22, nays 16; ABSENT 13., So the resolution was adopted.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsssoiv, its Clerk, an nounced that the HoRep had passed a bill (H.R.No. 62) directing a district court to be held at the cit of Erie, in the State of Pennsylvania, in which it requested the concurrence of the Senate. The message further announced that the HoRep had agreed to the amendments of the Senate to the bill (H.R.N o. 61) to establish certain post roads. ENROLLIED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following enrolled hills; which were thereupon signed by The President protempore: A bill (H.R. o. 61) to establish certain post roads; and A bill (H.R.No. 135) to extend the time for the Withdrawal of goods for consumption from public store and bonded warehouse, and for other purposes. ADMLSSXONOF COLORADO.
Mr. RAMSEY. I move that the Senate now proceed to the consideration of the unfinished usiness of yesterday. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill S.No. 74) for the admission of the State of Colorado into the Union, the pending question being on the amendment proposed by the Senfrom Massachusetts [Mr. Seaman] to insert at the end of section 2 the following proviso: Provided. That this act shall not take etfectexec t upon the fundamental condition that within the State there shall be no denial of the elective franchise or of any other rights on account of color or race.but all persons shall be equal beforethe law and the people of the Territory shall by a maiority of the voters at public meetin to be convenedby the Governor of the Territory. cclaretheir assentto this fundamental condition and the Governor shall transmit to the POTUS an authentic statement of sue assnnt whenever the same shall be given; upon the receipt whereof he shall by reclamation announce the fact; where upon. without any further proceedings on the part of Congress.this act shall take effeot.
Mr. STEWART. If the Senator will allow me I wish to make a statement at this point with regard to the last vote cast in Colorado which as not been stated. The last vote in Colorado for Governor was 7, 457.
Mr. SUMNER. Will my friend allow me to make a remark just there?
Mr. SUMNER. The Senator says that when we passed the enablin act the laws of the territory allowed the exc usion of colored voters. In one sense, the Senator is right; but in another sense, practically, he is wrong. The Senator perhaps is not aware that by the originalstatutes of the Territory colored voters were allowed but that was changed by a law that bears date in the books of the Territory only 12 days before the passage of this enabling act; that is, before the enabling act was approved by the President. When the Senate acted on that enabling act, the laws of the territory did recognize colored suffrage; when I voted for it the laws of the Territory recognized colored suffrage; and the language of t a eu abling act is, “That all persons qualified by law to vote for representatives to the general Assembly of said Territory at the date of the passage of this act shall be qualified as elect ors.
Mr. POMEROY. The Senator is right in that regard; but previous to the act to which he refers, there was no law on the subject of color with reference to voting. But the or gunic act that the Senator voted for, which was a copy of the organic act of my Own State when it was a Territory, declared that all free white male citizens over the ace of 21 years and persons who had declared their intention to become citizens should have the right to vote in the Territor. It did not require adays residence; it did not require any local habitation; it was only necessary to be inside the boundary of the Territory and be a white male citizen over 21 years of age or a foreigner who had declared his intention to become a citizen, and he could declare his intentions on the morning of the day of election, and then vote. That was the qualification for voting that these people had to begin with. That was the way they were to organize the government, I am sorry to say, as approved by this Senate and by Congress.
Mr. MCDOUGAL. I should like to ask a question. Under the Ordinance of 1787, which is claimed to be the enfranchisement of the Northwest, was a negro allowed to vote in any Territory or State? That is a question for the Senfrom Massachusetts particularly.
Mr. WILSON. Will the Senfrom Dela ware yield me the floor for an instant?
Mr. WILSON. I wish simply to say that the Army bill was assigned for one oclock today. I have been pressed very strongly to allow the vote to be taken on this Colorado bill, and I will consent to let the Army hill go aver informally, for a time at any rate, and let the debate go on on this bill.
Mr. POMEROY. If the Senator will only reckon 1/2 of those who volunteered and were then in the Army, he will see that it makes a much larger number.
Mr. GRIMES. I know all about that. The Senator need not direct my attention to those volunteers.
Mr. POMEROY. They were then in the service.
Mr. MCDOUGALL. I will ask the Senfrom Indiana if that has not been done here tofore?
Mr. HENDRICKS. I know of no case in which it has been done heretofore.
Mr. MCDOUGALL. It was so in the State of California.
Mr. HENDRICKS. I am not sufficiently familiar with the history of California at this time to so.
Mr. MCDOUGALL. It was done in that way, and there was a great controversy about it.
Mr. HENDRICKS. I know there was a eat controversy about the admission of California, but that was whether California should be admitted in the absence of the enabling act. Congress had not provided in advance for the formation of a State government, and it was denied at that time that the State ought to be organized upon merely a popular movement;
Mr. MCDOUGALL. It was done under the direction of General Ta lor.
Mr. HENDRICKS. am aware of that. It had its origin in the military government that existed there.
Mr. MCDOUGALL. From the executive militar government.
Mr. HENDRICKS. My recollection is that when the military authorities called for the election of delegates in California the delegates were elected by the people. If the Senator knows to the contrary of that, he is right.
Mr. MCDOUGALL. They were elected by the people. 7
Mr. POMEROY. I simply said that the number of males in the ordinary States of the Union would represent that amount of population.
Mr. HENDRICKS. I supposed the Senator referred to that as an argument to show that the population of Colorado was larger than the vote would seem to indicate. We a lknow that in the mining regions the poulation is composed nearly altogether of adu tmales. There are very few mine rs and very few females. According to the census taken in 1861, when the population of Colorado was evidently about twice as large as it is now, there were 18, 223 adult males, and but 2, 622 mine rs, and 4, 484 females, not nearly so many mine rs and females to other as there were voters. Mr. POMEROY. If the Senator will add to the vote taken year by year since 1861, the number of volunteers who were on tside of Colorado in the service, it will make the vote of each year equal to that of 1861.
Mr. HENDRICKS. The Senfrom Kansas is determined to make a good case on the soldiers of Colorado who were in the service. Iwill leave him with the reply given to that by the Senfrom Iowa. The Senfrom Iowa says he knows nothing about where they came from.
Mr. POMEROY. It can hardly be that citizens of a State where they pasiudppoosuend ties would go off to a Territory where they paid no bounties for the sake of enlisting. I never heard of such a thing before.
Mr. GRIMES. The State of Iowa furnished nearly the whole of the 2nd reiment of Kansas troops without any bounty; think 6 comauies.
Mr. POMEROY. Very likely it did furnish some of the officers to organize one of these regiments, but Iam talkin about the men, and I submit to Senators whether it is supposable that men would leave a State where they paid bounties and where they were anxious to fill their quota in order to avoid a draft, and go to Coloradopto enlist where they aid no bounties and where there was no drag.
Mr. GRIMES. In answer to that, all I have to say is that the State of Iowa furnished, without any hounties, I think 6 companies to the 2nd Kansas regiment.
Mr. POMEROY. I have not said anything about the 2nd Kansas regiment.
Mr. GRIMES. If they could furnish as man men as that for the 2nd Kansas regiment, suppose they might furnish a few companies for Colorado.
Mr. POMEROY. I have not the facts before me; but I do not think the people oflowa furnished 6 companies for the 2nd Kansas regiment, and I should like to know the facts about it.
Mr. GRIMES. I can only say thatI believe we are credited with them at the War Dept. I know they were raised in the counties of Adams, Union, Montgomery, and the south western counties of the State of Iowa, and went into one of the Kansas regiments, I think the 2nd.
Mr. POMEROY. The 2nd Kansas was raised entirely without Iowa, and we got the entire credit for it at the War Dept. I presume the Senator refers to some other regiment; I think the 6th.
Mr. LANE, of Kansas. The 2nd Kansas Fregiment was organized by me. I think Iowa furnished about 150 men to it.
Mr. GRIMES. It seems Iwas mistaken as to the number of the regiment. The Senfrom Kansas says he raised the“2nd Kansas regiment, and that Iowa only furnished 150 men to it. The number of the regiment to which the 6 companies from Iowa went has cscaed me at present. Senfrom Indiana is entitled to the floor, and unless he yields it for the purpose, these interrutions are out of order.
Mr. HENDRICKS. Without reference to these troops to which the Senfrom Kansas is so constantly referring, how does this case stand upon the strongest possible showing? The largest population that the papers show has ever been in Colorado was in 1861, and the census shows that the population then was 25,000. 25,000 is the largest population which it is possible for any Senator to show has ever been in Colorado.
Mr. HENDRICKS. From any information before the Senate?
Mr. MedOUGALL. My information is otherwise.
Mr. HENDRICKS. The information that we have on these papers, so far as the Senate have any information on the subject, and the census, show it to have been 25, 320. That is about one 5th of the number necessary to on title the people of a congressional district to a Representative in the HoRep; one 5th of the number of hose who live in one of the congressional districts of the
Mr. LANE, of Kansas. The argument of the Senfrom Indiana is entirely consistent. He will find that every objection now urged by him was urged by Butler, Hunter, and may son, in 1856, to the reception of Kansas, and was ably answered by the twoSenatorsffQm Masszp chusetts now upon the floor, the finhihrl Ohio, )Mr. Warn 7] the Senatorflohnm [Mr. ssssxnss] and the Sedhmirunmr nois, [Mr. Tnunnuu. ] That WMCCOHMI got up just as this was, by a polithl, flle free State party of Kansas, ml“ but 4, 600 votes. Every argument mi by the Senfrom Indiana against the admission of Colorado was urged then against the admission of Kansas by the gentlemen I have named, and ably answered by the Senators to whom I have referred, headed by Mr. Collamer, of Vermont. 1 should like to ask the Senfrom Iowa when this “old rule " of which he speaks prevailed in this country as to population. Florida was admitted without an enumeration and ten years after her admission she had but 14,000 white settlers. California was admitted without an enumeration. The same objection that was made against Kansas, the same objection that the Senator now makes against Colorado, was made against California, on the score of her population, that there was no enumeration of iier inhabitants, and that there was no enabling act. There WBB no enabling act, according to my recollect 1011, for Florida. She was forced into the UHIOH do stand off with Michigan, according to I"! c ollection.
Mr. LANE, of Kansas. She was forced in by the slave power in this body to stand off with a free State, without any enumeration, and without an enabling act.
Mr. GRIMES. In the 1st place, the senator will permit me to say that I think he is most egregiously mistaken in sayin it was ever objected that California had not the requisite 0ulation for a State. Everybody knows she a
Mr. MCDOUGALL. She had at that time a poulation of about 45,000, and that was not equa to the ratio required for a Representative.
Mr. LANE, of Kansas. Does the Senfrom Iowa pretend that there was an enumeration of the inhabitants of California prior to her admission 7
Mr. GRIMES. I have not said whether there was an enumeration or not. I have said that that objection was not raised to California.
Mr. POMEROY. The 1st enumeration of California showed a population of 922, 577.
Mr. POMEROY. Soon after the admission of the State.
Mr. POMEROY. I have not the exact date; but it was the 1st time a census was taken of the population of the State.
Mr. GRIMES. That was about the population of the State at the time she was admitted.
Mr. MCDOUGALL. It was about 50,000 at that time.
Mr. GRIMES. In regard to Florida, it was claimed at that time, and of that Congress was satisfied. whether correctly or incorrectly, that she had the po ulution that was necessary to entitle her to a mission asa State in the Union under the rule that then prevailed, which was that there should be a population within the State sufficient to entitle it to a member of the HoRep.
Mr. MCDOUGALL. If the Senfrom Iowa will allow me a moment, that was never affirmed by any Representative or person who spoke on the admission of California.
Mr. GRIMES. Has the Senator examined the debates?
Mr. GRIMES. Inrcgard tothis otherpoint, as to the admission of Kansas, had I been here as were the Senators to whom the Senfrom Kansas has alluded, I might have been content to vote for the admission of Kansas, because therebyl would settle the vexed question of freedom and slavery in the Territory of Kansas. Whatever might have been the objections that might arise in consequence of the smallness of her population, for the sake of getting rid of that question that was then agitating the halls of congress and the people of the country, I might gravevoted as they did. Butthere is no one agitation here, and there is no such reason, therefore, why we should vote for the admission of Colorado as doubtless influenced the minds of those gentlemen who voted for the admission of Kansas at that time.
Mr. LANE, of Kansas. Did not the Senfrom Iowa vote for the enabling act for Colorado?
Mr. LANE. of Kansas. My recollection is that the enabling act for Colorado passed almost unanimously.
Mr. LANE, of Kansai Then, of course, the Senfrom Iowa must be counted as having voted for the enabling not. If he did not oppose it with sufficient zeal to call for the yeas&nays upon it, he must have voted forit.
Mr. GRIMEr. The chairman of the ComTerritor will hear me witness, I think, that I have opposed all these enabling acts. I have always told him and told eve body around me, hat. I thought nothing could be more deleterious to the interests of these Territories, and nothing more jeopardize the interests of the country than to hold out the idea that these Territories could be admitted The yeas&nays as independent States into this Union, having the power of the largest States in this body, with a population of 20 or 30,000. Whether the ycas&nays were called on this enabling act or not, I cannot say; but I know I protested against the adoption of the proposition.
Mr. LANE, of Kansas. Would the senator have voted for the admission of Kansas with 4,000 voters, with the knowledge that that constitution not only confined suffrage to the whites, but actually excluded blacks from the State? The same day that the people of Kansas voted for the constitution confining suffrage to the whites, they voted, by a vote of 4,000 to 400, to exclude blacks from the State; and the Senfrom Massachusetts and the Senators to whom I have referred, and every Republican in both branches of Congress, indorsed that constitution, and the Republican party throughout the Union indorsed it.
Mr. GRIMES. Does the Senator want an answer?
Mr. GRIMES. I am willing to be catechised. I was not in Congress at that time, but ifIhad been here it is very likely I should have voted for its adoption for the reason that I have as signed, namely, to get the question out of the halls of Congress, to have the conflict that was then going on in Kansas and throughout the country and in Congress settled; but any vote thatimight have given on the subject of the admission ofKansas I would not have regarded, and when I gave iIt would have so declared, as a precedent for the government of my conduct respecting any other State. The reasons that existed with regard to Kansas do not exist in the remotest degree in regard to this Territo.
Mr. LANE, of Kansas. The Senfrom Iowa, if I understood him aright, expressed the opinion that the State government upon the people of Iowa had been terrifically prejudicial to their interests with a population of 130,000 ). When Kansas became a State she had from 60 to 70,000 inhabitants to bear the burdens of a State government.
Mr. LANE, of Kansas. Not when we were admitted. We gave 14,000 votes. We had from 60 to 70,000 people, and there never has been an hour since that the people of Kansas have not felt that that State government was a blessing to them.
Mr. POMEROY. If my colleague will allow me to correct him in this regard, we were admitted into the Union in February, 1861, and the census of 1860 shows we had then a population of 106,000.
Mr. LANE, of Kansas. At those elections we gave about 14,000 votes, but allowmg that we had a population of 106,000, that is 24,000 less than the State of Iowa had when her State government was so prejudicial to her people, according to the statement of the Senfrom Iowa.
Mr. GRIMES. Kansas has been somewhat differently situated from Iowa. In the 1st place, the whole treasury of the Indian Bureau has been oured out into the lap ofKansas. Perhaps the Senator has some knowledge on that subject. In the next place
Mr. POMEROY. I never saw anything of the Indian Bureau in Kansas that Iowa had not.
Mr. GRIMES. What I mean to sayis this: they have tribes of Indians settled all through Kansas, to whom very large payments of money have been made from year to year, which goes into the circulation and business of the State, and therefore furnishes prosperity to the people of the State. I mean to say further that no State in the Union, I think, has been able to secure such immense grants of land from the Government to the State and to individuals thereby benefiting the State and the citizens of the State, as the State of Kansas, vastly more than the State of Iowa.
Mr. LANE, of Kansas. Always excepting the State of Iowa.
Mr. LANE, of Kansas. I venture to say and the Senfrom Iowa will concede it that Kansas had within her borders the most destitute people within this Union.
Mr. WADE. Mr. President, I was on the committee that reported this bill, and I remarked at the time I reported it that I felt it to be my duty to vote against it, and therefore I am not bound, I suppose, by what the committee did on that subject. It was with exceeding reluctance that I felt myself compelled to oppose the admission of this State. I had no objection to the gentlemen whom they have sent here to represent them; but for many reasons which bave been given, much better than I should be able to give them, I felt it to be my duty to go against the admission of the State. I ought to say, in justice to the committee that passed this enablin not 2 years a 0, that the proof before as then convinced as t t some very rich mines had lately been discov ered in Colorado; that there was great excitement all over the country on the subject, and that people were (locking in there from all parts of the U.S. as they did in California when the recious metals were 1st discovered there; an we were assured by those who ought to know, that by the time we should get this State into the nion there would be the usual number of people there that Territories had ordinarily at the time of their admission; for as far as I know we have not been very particular as to the exact number of people that should be sufficient to constitute a State. The old rule was, (and it wasavery good and intelligible one) that there ought to be about as many as would furnisha Representative, whatever the ratio of apportionment should be at the time. That is a kind of gauge, but then that is departed from frequently, according to circumstances. If it is a State that is not tilling up very fast, and there is no reason to suppose that a large population will go into the erritory, that is a reason why we should require more when the are admitted, for certainly, in order to admit a State into the Union, there should be some criterion as to popula then.
Mr. LANE, of Kansas. Will the Senator permit me to ask him aquestion?
Mr. LANE, of Kansas. Will not the construction of the Pacific railroad through the entire length of the State, almost, supply any lack of population rapidly?
Mr. LANE, of Kansas. Have notthe Indian wars upon the plains pr vented that increase of population which would otherwise have taken place in Colorado? Is not that the reason?
Mr. WADE. It may have been one reason. I do not know what circumstances have led to this decrease of the population or any reason why the Territory has not grown faster than it has. I have sometimes thought it was because very rich mines of gold had been found in other neighboring Territories all along there, and had scattered elf the gold seekers from this place, where they seemed to concentrate, to a great I many other new discoveries. But whatever was the cause, the fact is so, that there has been a decrease in the population. Now, the whole Territory has not as great apopulation as almost any county in Ohio or any of the old settled States. There is an inequality about it thatis shocking; an inequality in the distribution of political power. To say that a population of 25 or 30,000, which is the utmost extent of the pepulation in this Territory now, shall have 2 Senators on this floor and a Representative in the other House is an inequalityamounting to almost the old rotten borough system of England. Of course, among a homogeneous population it does not make so great a difference; for I suppose that the gentlemen who represent that lerritory here, in their ideas of government and the interests of the people, are not very diverse from the residue of the senate. But, nevertheless, when we come to consider that if we admit this T crritory as a State, we give it a degree of political power ten or 12 times greater than that of1 most of the States represented upon this floor, it seems to me to be really a departure from the great American principle, that political power shall be distributed equally, or at all events as equally as convenience will admit.
Mr. HENDRICKS. It will give it about 50 times the power of Ohio.
Mr. WADE. I suppose so; and much more than that as compared with Pennsylvania or NewYork. It is a great departure from the principle that should govern us. Although, in the case of a western State which was up rapidly with a homogeneous populatifiolnli, ng do not want to measure this very particularly, it does seem to me that the disparity here is eater than we have ever before admitted. I do not think in any instance it can be found that a Territory has been converted into a State with the meager population that seems to exist in Colorado at this time, and I fear that itwill be settinga very dangerous example. The Senfrom Kansas has referred as to our votes upon the Kansas question. Why, sir, there was a principle involved in the admission of that State which, in the opinions of the gentlemen to whom he has referred, infinitely overruled any consideration as to population. There were reasons of the greatest magnitude in that case. We desired to settle a question then tlgfiaateuing the disrution of the Union, overing everything e so, had throwing entirely into the background any inquiries as to the population there.
Mr. LANE, of nnsas. The Senfrom Ohio and other Senators answered the arguments ade then, and which have been cited by the ouorable Senfrom Indiana to me. They said there was no fixed number of population required.
Mr. WADE. I do not say there is. I have already said there is no particular gauge. We have not been confined to that; but there has been a measure that we wanted to come pretty near to; and that was the amount of population necessary for a Representative in Congress. That has been the auge. We have measured one way and the other of that, accordin to our idea that a Territory was filled up with great facility or very slowly, or where there were very strong and controlling reasons, as in the Kansas case. Why, sir, in order to settle that question of Kansas right, according to my ideas of right, I would have admitted her as a State with any population that would make it a free State and settle that threatening question. I would not have stood a moment to inquire about it. I do not remember now what amount of population was said to be there. I know very well that Mr. Douglas, in arguing the question and he was at the head of the ComTerritor said that it should be, as a General rule, the amount of population sufficient for a Representative in Congress.
Mr. LANE of Kansas. But Mr. Douglas was on the other side. There were 4600 votes for that constitution, and here are 7,000 votes.
Mr. WADE. I am not measuring that, be cause, as I have told you, it does not form in m mind any gauge for action in this case. the are totally dissimilar.
Mr. LANE, of Kansas. I up reciate all that, but the Senator scouted the 1 ca of population advanced by Mr. Douglas and advanced by Mr. Butler.
Mr. CONNESS. Will my friend permit me to ask him a question here which is of interest to me?
Mr. CONNESS. I believe the Senator was here at the time of the organization of the Territories of Kansas and Nebraska?
Mr. CONNESS. I desire to ask the senator if political considerations did not guide in the organization of those 2 Territories at that time rather than an necessity for territorial governments in the erritories.
Mr. LANE, of Kansas. Will the gentleman allow me to settle the question that has been raised with reward to the admission of Florida?
Mr. LANE, of Kansas. In 1838 the people of Florida founed a State constitution without the previous assent of congress.
Mr. WADE. I do not eny that. I said I had not seen it cited. It may be so, butnevertheless it is exceptional. I believe. then, l can count 3 cases, Michigan, California, and Florida, if the Senator is correct.
Mr. LANE, of Kansas. I have a faint rec ollection that Alabama was admitted in the same wav.
Mr. WADE. I hardl think it was, but it may turn out to be so. I know that as often as that question has been up it has met with the strongest opposition here. The Senate has always deman ed, as it ought to demand, that they should have the representative ratio, for fear of the consequences I have endeavored to delineate of permitting a people to come here demanding admission as a State without consulting Congress at all, on their own motion tempted as they always are by the principal influential men who seek offices int ese new States. It is a dangerous thing to permit them to do it. It is at least dangerous to this extent: the will incur expense and disappointment an be attended with a great many difficulties that ought not to exist. It is easy for them to consult Congress 1st, and if Congress judges they are in a condition to come in, the whole controversy ceases; they come here and every body admits them to come in; everybody knows what they are about; the thiig is all settied. That on ht to be the rule, I have no doubt. It has not can the rule in this case. These people commenced right; we gave them all the asked. The people saw fit not to complywi our invitation, and I think they judged wisely. Then somebod came again, whether it was a movement of the people or not I do notknow and right upon the heel of that refusal asked to be admitted. I think it is unreasonable, when it cannot be shown that their cirenpa stances have altered in favor of their admission. This is all I wish to say on the subject. If the Senate comes to the conclusion that these gentlemen are entitled under these circumstances to be here With “us, certainly I shall not complain of it. I have only discharged what I considered a duty to myself to explain the course I took, differing from the majority of the committee with whom I generally act. That is the only reason I have spoken at all.
Mr. STEWART. Nearly 7, 500 at the last election.
Mr. TRUMBULL. Yes, sir, and now you have 7,400 and odd there. She had 60,000 in 1864 when the Senfrom Ohio was pressing this bill through the Senate, telling the people of Coloradopthat they had people enough to form a State constitution.
Mr. WADE. We had, as I told the Senate, no exact estimate of the population. I did not know how many they had). I got the best evidence I could from the Delegates and from others, and they impressed it upon us that there was the amount of population there that I stated. I supposed there was, but.it seems as though that was not the fact; that is what I told you before.
Mr. TRUMBULL. Their vote at that time was nearly 2000 less than it is now. It is very strange that the Senfrom Ohio should have urged here the formation of State governments Without knowing anything about the number of people there. I was opposed upon principle to the formation of State governmentswith so few inhabitants. I took ground against.it, but under the lead of the Senfrom Ohio, Congress decided differently.
Mr. WADE. The Senator says he took ground against it and believed it was alto gether wrong. I want to know if he is of the same opinion now.,
Mr. TRUMBULL. I was of that opinion then, and I should be of that opinion now, had not the Congress of the U.S. Overruled my judgment in that respect. I put it to the Senfrom Indiana, and ask him if we are not bound by our acts and if good faith does not require us now to carry out our acts? When the Congress of the U.S. says to the people of Nevada, says to the people of Nebraska, says to the people of Colorado, although you have less than 30 or 40,000 people, whatever the number may be, you are authorized to go on and form a State government, call your convention, and when you call that convention and form our constitution without any further action of Congress you shall ea State? This act in regard to Colorado declares that it shall be the dut of the POTUS to issue is proclamation declaring the State admitted into the Union on an equal footing with the original States, without any other action whatever on the part ofCon 81955. I
Mr. FESSENDEN. Allow me to ask the Senatoraquestion.
Mr. FESSENDEN. Iwant to know whether I understood rightly that the people of Colorado acted under that enablin act and refused to avail themselves of it. as it not so?
Mr. TRUMBULL. I will answer that. It was so. I understand they had one trial and rejected it. form a
Mr. FESSENDEN. Thatbein so, why are they not us much bound by their efault as we are by ours? If they took the liberty to change their minds can we not take the liberty of chang in our minds too?
Mr. TRUMBULL. I will answer that. I do not think so.
Mr. TRUMBULL. I think that when the Congress of the U.S. has submitted to the people of a Territory whether they shall State constitution, and has authorised them to form it, if on one trial they do not do so they may go on to do so afterward. I do not think we have the same right to withdraw it after having held outthis inducement to them.
Mr. TRUMBULL. I will tell the Senator why, and I will try to illustrate it. We submitted some time aoto the people of the U.S. an amendment to the Constitution.
Mr. TRUMBULL. Well, we submitted to the various States of the Union whether they would abolish slavery or not. The State of NewJersey by its Legislature a year ago de cided they would not. Now, does the Senfrom Maine mean to say that the present Legislature, which has one on and ratified the constitutional amendment, had no authority to do so?
Mr. FESSENDEN. That is a standing power. p
Mr. TRUMBULL. So bad Colorado a standing power. Congress has not withdrawn its enabing act; it has never repealed it; and they have gone on to act under the enabling act. As to their mode of action, I shall come to that by and by".
Mr. FESSENDEN. Did they apply at the last session of the last Congress or another enablin act?
Mr. RUMBULL. Not at all. I am not informed that any such application was made by any authority. Some mdividual may have appIlire.
Mr. TRUMBULL. The Senfrom Ohio may have offered a bill, but the recognized aut orities of the Territory of Colorado, I am authorized to say, never made any such application.
Mr. TRUMBULL.There has generally been such an application, I think.
Mr. GRIMES. No, sir. Will the Senator tell me that a territorial government ever does ask to be transferred into a State government?
Mr. TRUMBULL. The Territorial Legislature often do I do not think it is an unusual thin at all. I am informed new that the territorial Legislature of Colorado asked for the passage of this enabling act. After the congress of the U.S. has passed an Once adopted, they enabling act, encouraging the people to go on and form a State government, (assuming now that they have complied with the act) I say it is bad faith on our part after they have formed their State government to say to them that they shall not have the benefit of the act we have passed. I do not think a Territory should be encouraged to go to all the trouble of holding a convention, adopting a constitution, submit ting it to the people, and then come here and be refused admission. congress at it out of its power to refuse them. t dec ared in this act that without any further action they should become one of the States of the Union on an equal footing with the original States. Now, sir, I think it is out of place.
Mr. FESSENDEN. Why did not the Pros ident issue his reclamation?
Mr. TRUM ULL. That involves another question, and I will come to that by and by. I think it wholl out of place to go into this question of opuation now. The Senate 18 committed, ougross is committed, by previous action, and the question of population has nothing to do, as it seems to me, with our votes on the present occasion; we are bound by our action on that question.
Mr. HENDRICKS. As the Senator apealed to me to know whether, in myjudgment, Congress, under the circumstances, was not bound to admit Colorado as a State. I say most decidedly, in myjudgment, that neither in law nor equity is Congress bound under the circumstances. If the people of the Territory had acted under the aw, complied with its provisions, then, indeed, they would have been admitted, because it would have been the duty of the President to admit them. That law never contemplated that the case would again come before congress, but that it should go to the President, an as an executive act that he should declare the admission. But instead of pursuing the course pointed out by the statute they rejected the constitution that was presented to the people in accordance with the law, and then t cy did not pretend any longer to act under the law, but the chairman of the central committees of the political parties of the Territory called a most irregu ar election, in no sense, neither in law nor in equity, in accordance with the statute. Would the Senator vote for a bill authorizing an election of delegates to a convention such us took place in Colorado? Would the Senator, by a bill of Congress, authorize the people of the Territory to select their delegates in the manner in which they did select them?
Mr. TRUMBULL. Mr. President, I will reply to all these suggestions. They involve another branch of the subject. I am now replying to the objection on the score of population. Isay that on that subject Congress is committed; and having decided that they had population enough to form a State government, It is bad faith now to turn around and reject them because they have not population enough. That is my point; that is the point. on which I appealed to the sense of justice of the Senfrom Indiana. The question of population is the point that is made here; that is the point the Senfrom Iowa made, and that is the point on which Senators are placing their opposition. I say that it is bad faith on that ground to reject Colorado. Now, let us see if there is any other ground on which it is to be rejected. Did you reject Nevada? The enabling act for Nevada, under which the people of that Territory acted, was ver similar to the one under which the people of Colorado have formed their State government, but if I recollect aright the 1st action in Nevada was to vote down their constitution. The 1st constitution made under the enabling act in Nevada was voted down by the people.
Mr. WADE. Not. the constitution made under the enabling act.
Mr. STEWART. There was a convention called by the Legislature to form a constitution, and that constitution was voted down. congress then passed an enabling act and another constitution was formed.
Mr. TRUMBULL. I knew there had been 2 elections, but one was before the enabling act, it seems. Now, let us inquire into the technical objections that were made to the admission of Colorado. I admit that the law has not been technically complied with. That is what the President says, in communicating this constitution to Congress. He says he will not issue the proclamation because the enabling act has not been technically comlied with. Now, what was the enabling act? t required the vote to be taken some time in the spring of 1865. Instead of being taken in the spring of 1865, it was taken in the fall. Is there any importance in that? It directed the Governor to apportion representation throughout the Territory. Instead of the Governor apportion mg the representation, it was done by the cooperation of all arties.
Mr. SUMNER. I have evidence to the contrar which I will bring out very soon. It
Mr. TRUMBULL. It was not understood that they ever voted there at. any time, and in point of fact they never did vote. Now, in regard to the population of that Territory, I will say it is not a question to be considered here; butas to the statement of the vote, it is well enough to be accurate about it. The vote on the constitution was considerably less than the vote for State officers, for some reason, I know not why. That often happens. It is always so, some Senator remarks. at the election for State officers, the last election held in Colorado, more than 7,400 votes were polled. If it was right to pass the enabling act in 1864, and encourage the peable of coloradopto form a State government, then I insist that it is right to admit them now if the have formed a State government in subatant compliance with the act. They have not comlied in point of time; they have.not pursue the precise manner; but substantially the have complied with the act. They ha a delegated convention; they formed a republican constitution; they submitted it to the vote of the people; it is certified to by the officers of the Territory, and it appears that it was adopted by a majority of the people. Now, it does seem to me that good faith requires us to admit them; and it is on that groun alone that I shall cast my vote, for if no encouragement had been held out to the people of Coloradopto form a State government, agree that I should not vote in favor of an enabling act, nor would I vote to admit them as a State, with the pulation which I am induced to believe they ave, for I think we should require a larger population. It seems to me, however, that Congress has committed itself by its own action and it is too late to raise the question of population now.
Mr. SUMNER. The Senfrom Ohio in his remarks said that the population of this Territory had gradual] diminished from 1861 to the present time. n that he was right. In 1801 the voting population was npwar of10,000.
Mr. RAMSEY. With the consent of the Senfrom Massachusetts, I should like to know the evidence of the reduction of the papalation in the Territory of Colorado. There is no evidence ofit. It is perpetually asserted here by speakers on this question, but there is no evidence of it. The presumption is a very strong one that the population has increas immensely since 1864, the date of the passage of the enabling act.
Mr. SUMNER. The Senator asks me for the evidence, and I am ready to have him the evidence I have, and the Senate shalljudge of its weight. The evidenceis astutement under his signature of Hon. Henry C. Leach, President of the Territorial Council of Colorado made to me last Sunday.
Mr. Leach know about the population of Colorado? Has he had occasion to take a census of it?
Mr. SUMNER. He is a distinguished citizen of Colorado, in high official place.
Mr. TRUMBULL. He guesses at the population.
Mr. HENDRICKS. If the Senfrom Massachusetts will allow me one moment IwiIl add a very little to the evidence that he has suggested. In 1861there was an election in the Territory of Colorado and that Territory was then able to give a vote of 10, 580. In November, 1865, upon the most important question that had ever been submitted to the people, that is, the question of forming a State government and adopting a constitution, they were able only to give a vote of 5, 895, a little more than half the vote of 1861.
Mr. TRUMBULL. Will the Senator allow me to ask how many votes they gave at the same election for State officers?
Mr. HENDRICKS. At the State election, I understand, it was 7, 400, or a falling off in a vote of 8,000 and more from 1861.
Mr. GRIMES. Will the Senfrom Illinois suffer me to ask him how much larger a vote was given at Denver at the State election than was given at the preceding election 2 months before? and will he further tell me how many of those votes it was admitted on all hands were fraudulent. at the State election?
Mr. TRUMBULL. I have no evidence on either point. I do not know how many were given at Denver at either time. The evidence I have is such as comes in an official form, and I have no knowledge about any frauds. If the Senfrom Iowa has, that would present another question. I am not advised in reference to any.
Mr. SUMNER. I was observing that the population had been decreasing from 1861 to the present time, when I was interrupted and asked the evidence of that. I believe we have been a little at cross purposes since. I may have said the population was 10,000 and upward; I meant to say that the voters were 10,000 and upward, as the Senfrom 7 Indiana has reminded us. Very well, assume that in 1861 at an election there were 10,000 and upward of voters. This last year there were only 5,000 and upward.
Mr. SUMNER. Very well, but on the constitution 5,000 and upward.
Mr. SUMNER. On the constitution, the most important not that the State could be called to vote upon, the vote was 5,000 and upward not 6,000 voters. That is the evidence in the case; and therefore my friendfrom Ohio was perfectly right when he said that the population had been going down instead of going u.
Mr. TRUMBULL. The voteshows that the population was larger at the last election than it was when the Senfrom Ohio urged the passage of the enabling act through the Senate in 1864.
Mr. SUMNER. Have I said anything on that question?
Mr. TRUMBULL. You quoted the Senfrom Ohio.
Mr. SUMNER. Have I said anything on that question, I ask the Senator? I say I am presenting the difference between the population in 186land the present time; and the Sen ator reminds me of the difference between the population in 1864 and the present time. I make noquestion with the Senator on that.
Mr. TRUMBULL. The Senator quoted the Senfrom Ohio as showing that the population had decreased.
Mr. TRUMBULL. I thought it was a perfect answer to the authority of the Senfrom Ohio to show that when he insisted on the enabling act the vote was less than it was last year. If the Senfrom Massachusetts cannot understand that, I trust the Senate can.
Mr. RAMSEY. In the election of last Sep tember the Senfrom Massachusetts says the vote was 5,000d.
Mr. SUMNER. I said on the question of the adoption of the constitution.
Mr. RAMSEY. Then, on the 14th of No Vember, of the same year, the vote was above 7,000. Does he say that the population increased in that period of time in that proportion? By the ru e which he adopts of ascertaining population, there must have been an immense increase in the period of 3 months.
Mr. GRIMES. There is a frequent increase in that same way.
Mr. PEMEROY. Let me ask the Senfrom Wisconsin if he does not know, having been there, and having traveled under military escort on account of Indian troubles, that it was altogether unsafe for the people to vote; whether he himself could have gone a rod without the military to protect him when he was there? Is a vote taken under such circumstances any test of the population of a State?
Mr. DOOLITTLE. In the Territory of colorado undoubtedly there has been great disturbance in consequence of Indian difficulties. Undoubtedly these Indian difficulties have prevented that increase of the population in colorado which was reasonably anticipated by the ComTerritor when the bran ht in the enabling act. The Indian hostilities upon the plains have undoubtedly cut off immigration to Colorado. They have cut 05 also the supplies of Colorado. This made the price of provisions so high in Coloradopthat the miners could not go there to develop the mines. My belief is that after a time when peace is established and supplies are more easily carried over the plains, and especially when the railroad shal be constructed so that supplies can go cheaply to the mountains of Colorado, there will he a great rush of population there; and I do not believe it will be many years before there will be in Colorado a population of 50, 60, perhaps 80,000 inhabitants, but they are not in that condition now. I am convinced, from the evidence before me, that there are not to exceed 25,000 people in the present Territory of Colorado; and therefore, as I say, the question forces itself upon my mind, are we bound by what we have done in good faith to that people? Now, what are the facts bearing upon that point? We passed the enabling act, and under that enabling act the question was submitted to that people, will you accept a constitution and form a State government, or will you not? Upon that question the people voted, and the vote upon t int question was most decided that they would not accept it.
Mr. GRIMES. The Senfrom Minnesota inquires why Congress has not repealed the ena ling net. It seems to me the question is a very simple one, and it has been answered here today a dozen times. The act has not been repealed because it expired by its own terms and limitation. The moment the people of the Territory of Colorado failed by their vote to accept the terms, that moment that act be camefuncfus ofllcio; it was a dead act and had no effect whatever. The Senator say; I spoke of the people of Colorado as being poor. I did not say so; but I said that there was not property there upon which the requisite amount of) taxes could be levied in order to support a State government. Mr. President, all of) us wholive on the front ier, as the Senfrom Minnesota and I do, know that the population of these mountain Territories is almost nomadic; where there is a large population in one Territory today, the moment there is an outery that a gold discovery has been made in a distant or an adjacent territorv, 1/2 of the population flocks overto it. He knows, and so do I, that the population of Colorado at this moment is probab y not near as large I would not undertake to say by what%age as itwas last year when these votes were taken.
Mr. RAMSEY. I should like to ask the authority of the honorable Senator for that.
Mr. GRIMES. I will tell the Senator the authority.
Mr. GRIMES. No, sir; I have no official authority. I have stated to the Senator that this knowledge is within his breast as well as mine. Let him go through Pennsylvania have nue and see the number of men who are here from Montana. All your public officers in that Territory are here, the men who are in business in those Territories are nearly all of them here. Why? Their merchants come here to buy goods in the winter, they avoid the inclem ency of those mountains in the winter. In the summer they have a much larger population it is so in all these Territories; but as I sai before, it is very likely that they have a larger population by a few 1,000 than they hat? in 1864, as the Senfrom Illinois says they have. Why tvas it decreased then? simply because very few of the men there are bound to the soil. They have no interestin it except so far as they may successfully dig after gold, and the moment that it is proclaimed through the newspapers that there has been a valuable lead discovered in some distant Territory they immediately pull up their shanties and move to it, and that is the kind of population that it is proposed to make into a State, witha population as I believe, from the record evidence before us as to the votes that have been given in the last 5 years, not exceeding 15,000. Mr. President, the sum and substance of it all, is whether or not the Senate is prepared by Is there any official authorits solemn vote to create a kind of rotten bor ough State in the Roeky mountains, and give to that State the same representation and the same power on this floor as is given to the State of NewYork, Pennsylvania, and Ohio. That is the question, neither more nor less.
Mr. RAMSEY. How can the honorable Senator speak of a rotten borough system in these new States and Territories of the West?
Mr. GRIMES. Perhaps the Senator does not know what rotten borough is.
Mr. RAMSEY. such a term cannot be aplied to such live communities as our western erritories and States.
Mr. GRIMES. I mean by it that it is proposed to create a little insignificantState in the mountains, with only about 12,000 to 15,000 people, that a powerful, rich, and influential man can carry in his pocket, or which he can control by that which he does carry in his pocket. That is what I mean.
Mr. STEWART. Will the Senator grant me permission to sav a word or 2 on that point?
Mr. STEWART. I think the Senator is mistaken in regard to Colorado. At least 1/2 of that Territory is agricultural. I understood when I was there last year that they were bringing into market large quantities of agricultural land. They are east of the Rocky mountains. There is agricultural land enough to form a large State, and there is no difficulty in segre gating it from the mineral lands.
Mr. CONNESS. I trust for the sake of colorado and for the sake of the Union that the statement made by the honorable Senfrom Nevada is correct in this respect, and that colorado has available agricultural territory, but there is no evidence here presented to the senate and none ever came to my mind that an agricultural population have settled there. All that we hear about Colerado is that it is a mining community. All we hear is of its quartz veins and the transportation of machinery there to work them. I y heart and my feelings go with them in their regress fully; but I do not believe thatI should be performing my duty properly by voting for her admission now as a State. Before I close (for all I have said is simply in explanation of my vote) I will allude to the statement made here in reference to California and the population California had at the time of its admission as a State into the Union. I was not then prepared to rise and make any statement on the subject, but I have sent to the Library and obtained the Tribune Almanac, which is the only statistical record that we have of the election returns, I believe. I find that in1850 when California was admitted into the Union there are no returns of the census taken that year in California; but the estimate of its population is 165,000. I was entirely convinced from my famil iarity with California at that time that it exceeded what my colleague stated, 45,000.
Mr. MCDOUGALL. My colleague will allow me to inquire what almanac that is.
Mr. conI have great regard for my colleagues character for veracity always, and for his facts when he is sure of his facts; but he will pardon me at this time for taking the Tribune Almanac on a question of statis tics in preference to himself.
Mr. MCDOUGALL. Will my colleague allow me to ask him if at that time El Dorado, the county in which he resides, and SanFranciseo, were not the 2 principal counties in the State?
Mr. MCDOUGALL. They were not the 2 principal counties in 1830!
Mr. MCDOUGALL. What other counties then approached them in population?
Mr. CONNESS. I arrived in California early in the ear of 1849, and at that time Sac ramento ha a very large poulation. It will be remembered that Ca iforma did not et all its population from the U.S.; t iat as a State of the republic of Mexico it had a considerable population, many 1,000s; it had towns established and improvements, and that population reside with us now and form a very considerable part of our voting population. But my colleague is entirely in error in regard to the matter of SanFranciseo and El Dorado being the only counties that had any material population at that time.
Mr. MCDOUGALL. No, I did not affirm that. I said they were the 2 most populous counties.
Mr. MCDOUGALL and allow me to remark that there were 15,000men in California of Mexican extraction.
Mr. CONNESS. My colleague simply of firms nothing when he says those 2 counties of which he spoke were the 2 leading counties in population. hat might have been the case. he county of El Dorado, in which I have my residence, in 18"). polled a vote of over 12,000. The estimate made in the Tribune Almanac I have no doubt is a correct estimate from my knowledge of the State at that time. Again, as has been stated, the case of California was a very remarkable case. I will not recount it; it has been sufficiently stated here. There were reasons for the formation of a State government good and sufficient; and it is the glory of this country that a State government Was formed there, a free State government, that it was added to the Union; and although disgraceful conditions were proposed to be appended to its admission. yet it is the honor of the Union that the attempt made to disrupt and dissolve it since by a plan to give the southern contederacy an outlet to the Pacific ocean was hedged in and stopped by the free population that formed the State of California and made it a free State in the Union.
Mr. MCDOUGALL. Mr. President, I do not rise except to enter a demurrer to an af firmation of a rule of law made by the Senfrom Iowa, and which has been repeated by my colleague. An enabling act is a general act, not defeated and not rendered ine erative by an action until the people of the Territory act ahirmatively. The contrariwise of that proposition cannot be maintained upon any cgal principle ever advanced by any masters of the sciences or of law.
The President protempera. The question is upon the amendment of the Senfrom Massachusetts.
Mr. BUCKALEW. I call for the yeas and as s on that amendment. Mr. SUMNER. I desire for the present to withdraw the amendment, and I may offer it at another stage of the bill.
The President protempore. The amendment is withdrawn.
Mr. SUMNER. My idea is to have a vote on the general question 1st, and if the bill should e disposed of by a negative vote there will be no occasion for the amendment.
Mr. SUMNER. Is the bill open to amendments still?
The President protemporc. to amendment now.
Mr. FESSENDEN. After the vote is taken on the engrossment it will not be.
The President prolempore. The question now is, Shall the bill be orderengross for a 3rd readin? It is open to amendment until it shall a ordered to be engrossed and read the 3rd time.
Mr. GRIMES. Let us have a vote fair and square.
Mr. SUMNER. Very well. I ask for the yeas&nays on the question of engrossment. Several Summons. Oh, no; on the passage.
Mr. SUMNER. I want the yeas&nays to be taken on one of the stages.
Mr. FESSENDEN. I think it better to call them on this vote.
Mr. SUMNER Vmywdh Imkmrme yeas&nays on this vote. The ycas&nays were ordered. The secretar proceeded to call the roll.
Mr. WILLE, (when his name was The Senfrom Delaware [Mr. SAULcSaBllUeRdY} having occasion to leave the Senate, I have paire off with him. If he had been here he would vote “nay, ” and I should vote “yea.”
Mr. HENDERSON, (who had voted in the affirmative.) Before the vote is announced I desire to state that I agreed with the Senfrom Maryland [ML JOHNSON] to pair oil with him on this subject, and I voted without thinking of it at the time. I ask unanimous consent that I may withdraw my vote. I do not wish to violate the understanding.
The President protempore. The Senfrom Missouriasks unanimous consent to have his vote withdrawn under the circumstances stated. Is it the pleasure of the senate to grant that permissmn? It can only be done by unanimous consent. The Chair hears no objection. The result was announced yeas 14, nays 21;. ABSENT 15. So the bill was rejected.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnrmsou, its Clerk, announced that the HoRep had passed the following bills of the Senate, with amendments to each, in which it requested the concurrence of the Senate: A bill (S.No.54) to amend an act entitled “An act to incor orate a national military and naval asylum for the reliefof the totally disabled officers and men of the volunteer forces of the U.S.;” and A bill (S.No.61) to protect all persons in their civil rights and furnish the means of their Vindication. It is open CIVIL BIG HTS.
Mr. TRUMBULL. I mom that the bill.(S.No.61) to protect all persons in their civil rights and furnish the means of their vindication, jnst returned from the HoRep with amendments, be printed with the amendments, and referred to the ComJudiciary. The motion was agreed to. HOUSE BILL REFERRED. The bill from the HoRep (H.R.No. 62) directing adistrict court to be held at the city of Erie. in the State of Pennsylvania, was read twice by its title, and referred to the ComJudiciary. MILITARY ESTABLISHment.
Mr. WILSON. I move that the Senate now take up the Arm bill, (S.No.168.)
Mr. RAMSEY: I move that the Senate do now adjourn. The motion was not agreed to.
The President protemporc. the question is on the motion of the Senfrom as sachusetts to take up Senate bill No, 138, to increase and fix the military peace establishment of the U.S. The motion was agreed to. On motion of Mr. SHERMAN the Senate adjourned.
###HOUSE OF REPRESENTATIVES. TUESDAY, March 13, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bonros. The Journal of yesterday was read and approved. APPOINTMENT OF COMMITTEE.
The SPEAKER announced that he had appointed the following as the select committee ordered yesterda on the civil service of the U.S.: essrs. THOMAS A. JENCKES, of RhdIsland; SAMUEL Snsnmnmosa, of Ohio; Joan gloom, of Missouri; JEHU Buns, of Illine i; LEONAItD Mrsns, of Pennsylvania; SAMUEL McKee, of Kentucky, and JAMES M. Human, of NewYork. VACANCY ON A COMMITTEE.
The SPEAKER also announced that he had appointed Mr. BENJAMIN E. HARRlS, of Maryland, to fill a vacancy on the ComPrivLandClms. RETENTION OF Illinois VOLUNTEERS.
The SPEAKER, by unanimous consent, laid before the House a communication from the SecyWar transmitting, in compliance with resolution of the House of the 9th instant, a report of the Adjutant General respecting the retention in the service of Illinois volunteers; which was laid upon the table and ordered to be printed. COMMUTATION OI" DRAFT.
Mr. COFFROTH, by unanimous consent, submitted the followmg resolution; which was read, considered, and agreed to: Reaoloed.That the ComMilAffrs he and are hereby instructedto inquire into the expedicncy of reporting. by bill or otherw1se.f9rthe relief ot such personsas weredrafted and paid the commutation moneyu put in substitutes and who weresubsequentlydrafted a 2ndtime, paid commutation money.putin a substitute or wentinto the service. DUTY ON SAVINGS BANKS DEPOSITS.
Mr. PHELPS, by unanimous consent, submitted the followmfi resolution; which was read, considered, an agreed to: Resolved.That the ComWays&Means be instructed the inquire into the expediency of so amending the internalrevenuelaw as to, remit the monthly duty upon the averagedepositsof savings banks, and to report by bill or otherwise. MILITARY and NAVAL ASYLUM.
Mr. SCHENCK. It will be some time yet before the ComMilAffrs can possibly be called, and I therefore ask the House to consider, this morning, bill of the Senate No. 64, to amend an act entitled “An act to incorporate a national military and naval asylum for the relief of the totally disabled officers and men of the volunteer forces of the U.S. " I will state, in making this request, that there is a very considerable amount of property in the shape of donations to the Government for the use of disabled soldiers. those who have been wounded in the service, awaiting the passage of this bill. The Senate has already passed the bill. It has been before the Military Committee of the House, and they have the House to report back the bill with the substitute now. No objection was made, and the report was received.
Mr. BROOKS. I ask that the substitute be read for information.
Mr. SCHENCK. With the permission of the House, before the substitute is read, 1 think I can, by a little explanation, make this matter comrehensible to the members of this House. I e bill that passed the last Congress provided for 100 corporators, incliu in Governor Andrew of Massachusetts, Gener U. S. Grant of the Army, General W. T. Sher man of the Army, and others, scattered from the extreme north to the extreme south of the country. The consequence of that was that 2 or 3 ineffectual attempts were made to get a meeting of the corporators. I believe on one occasion 11 corporators were got together here in Washington; on another occasion 13 and there never was an organization in consequence of the inability to get together a sufficient number of corporators for that purpose. In this state of facts the matter came up in the Senate, and they passed a bill to remedy the difficulty; but unfortunately they again adopted the system of 100 corpora tors, varyin the names somewhat, but still preserving that feature. The Senate bill came to this House, and was referred to the ComMilAffr and the only may terial change recommended by the committee, as set forth in the substitute, is to provide for 12 managers at once, of whom the POTUS, the SecyWar, and the Chief Justice of the SCOTUS shall be 3, and 9 others to be selected by Congress to serve 6 years, 3 of them to be elected every 2 years.
Skip Skip Certain verbal amendments were made in the substitute, and the substitute was then agreed to. The bill as amended was then orderengross and read a3rd time; and beingen grossed, it was accordingly read the 3rd time, and passed. Mr. SCHENCK mtRtv the bill was passed; on the table. Agreed to. Josi: SERAFIN RAMIREZ. On motion of
Mr. BAKER, Senate bill No. 173, to confirm the title of Jose Serafin Rami rez to certain lands in NewMexico, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPrivLandClms. MLWASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. WITHDRAWAL OI" BONDED GOODS.
Mr. MORRILL, from the ComWays&Means, reported back House bill No. 135, to extend the time for the withdrawal of goods for consumption from public store or bonded warehouse, and for other purposes, and Senate amendments thereto, with a recommendation that the some he concurred in by the House. The amendments of the Senate were to strike out the word "April" in line one, line 13, and line 16 of section one, and insert the word “ May” in lieu thereof. L
Skip Skip The amendments of the Senate were concurred in. Mr. MORRILL mtRtv the amendments were concurred in; upon the table. Agreed to.
The SPEAKER. The 1st business in order during the morning hour of this day is the call of committees for reports, beginning with the ComJudiciary, where the call last rested. RIGHTS OF CITIZENS.
Mr. WILSON, of Iowa, reported back from the ComJudiciary, with amendments, the bill (S.No.61) entitled “An act to protect all persons in the U.S. in their civil rights and furnish the means of their vindication.” The 1st amendment reported by the ComJudiciary was read, as follows: Strike out. in lines 6, 7, 8, and 9 of section 1. the follpwrn words: Without distinction of color, and there shall be no discrimination in civil rights orirnmunities among citizen! of the U.S. in anyStateor Territory of the U.S. on account of race, color, or previous condition of slavery. So that the section will read as follows: That all persons born in the U.S and not subject to any foreign Power, excluding Indians not taxed, are hereby declared to be citizens of the U.S.: and such citizens of every race and color, without regard to any previous condition of slavery or involuntary servitude, except asa punishment for crime whereof the party shall have been duly convicted, shall have the same right to make and enforce contracts, to sue, be parties and give evidence, to inherit, purchase. lease, scll. hold, and convey real and personal property and to full and equal benefit of all laws and proccedings for the security of person and property as is enjoyed b white citizens and shall be subject to like punisment, pains, and penalties and to none other. any law. statute. ordinance regulation, or customto the contrary notwithstan ng.
Mr. WILSON, of Iowa. I wish to make one inquiry as to the effect of the recommitment of the bill on the amendments adopted when the bill was pending before the House a few days since. I desire to know whether those amendments remain as part of the bill.
The SPEAKER. The amendments which were adopted remain of course in the hill. Those that were pending were recommitted with the bill for the action of the committee.
Mr. WILSON, of Iowa. Mr. Speaker, the amendment which has just been read proposes to strike out the general terms relatingto civil rights. I do not think it materially changes the bill; but some gentlemen were apprehensive that the words we propose to strike out might give warrant for a latitudinarian construction not intended. I demand the previous question on the amendment.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment was agreed to. Mr. WILSON, of Iowa, mtRtv the amendment was agreed to; on the table. Agreed to. The next amendment reported by the ComJudiciary was read, as follows: After the word "right, " in the 13th line of the 1st section, inscrt the words “in every State and Territory of the U.S. "
Mr. WILSON, of Iowa. This is rendered necessary by the adoption of the other amendment.
Skip Skip The amendment was agreed to. Mr. WILSON, of Iowa, mtRtv the amendment was agreed to; on the table. Agreed to. I
The Clerk read The next amendment reported by the ComJudiciary was read, as follows: In line 17 of section 3, insert after the word"theroof." the followin: " or for refusing to do any not upon the ground t u at it would bomoon sistent with this not.
Mr. WILSON, of Iowa. Iwillstate that this amendment is intended toenable State officers, who shall refuse to enforce State laws discrim inating in reference to these rights on account of race or color, to remove their cases to the U.S. courts when prosecuted for refusing to enforce those laws. I call for the previous question.
Skip Skip The previous question was 2nded, and the main question ordered; and underthe operation thereof the amendment was agreed to. Mr. WILSON, of Iowa, mtRtv the amendment was agreed to; on the table. Agreed to. The next amendment reported by the ComJudiciary was read, as follows: Insert after " 1863"in sectionthreotho words " and all actsamendawry thereof.”
Mr. WILSON, of Iowa. This amendment is offered for the purpose ofextending the operation of this section to any future act amendstory of the habeascorpus act of 1863.
Skip Skip The amendment was agreed to. Mr. WILSON, of Iowa, mtRtv the amendment was agreed to; on the table. Agreed to.
Mr. WILSON, of Iowa. I am instructed by the same committee to move to add the following as a new section: Abife: That upon all questions of law arising in any caseunder the provisionsof this act a final appealmay betakento the SCOTUS.
Mr. BINGHAM. What is the number of that section?.
Mr. WILSON, of Iowa. It is an additional section.
Skip Skip Mr. WILSON, of Iowa. Section 11. I demand the previous question. The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment was agreed to. Mr. WILSON, of Iowa, mtRtv the amendment was agreed to; upon the table. Agreed to.
Mr. WILSON, of Iowa. I now demand the prfivions question, on the engrossment of the l.
Mr. BINGHAM. I hope not. Let the bill be ordered to be printed, and let us have an opportunity to loo at it. I hope the Gentfrom Iowa will consent to let it go over for a few days.
Mr. CONKLING. I ask at least that the bill may be read. I believe we ought to have the bill printed and postponed.
Mr. FARNSWORTH. I also hope the Gentleman will allow the bill to be postponed.
Mr. WILSON, of Iowa. NO amendment has been offered by the committee, except the last one, that has not been fully discussed while the bill was pending before the House on a former occasion.
Mr. HILL. What has become of the amendment the gentleman promised me to move, that nothing in this bill contained should be construed to affect or interfere with the right of suffrage in the several States?
Mr. WILSON, of Iowa. When the bill was up before I did offer such an amendment, that nothing in the bill contained should be construed to affect the rights of suffrage in the several States. Iwill explain. Some members of the House thought, in the general words of the 1st section in relation to civil rights, it might be held by the courts that the right of sugrage was included in those rights. O obviate that difficulty and the difficult owing out of any other construction beyon tespe cific rights named in the section, our amendment strikes out all of those general terms and leaves the bill with the rights specified in the section. Therefore the amendment referred to by the gentleman is unnecessary.
Mr. HILL. If the gentleman will indulge me a moment. From the difficulty of obtaining copies of this bill I have been unable to know ow it now stands. Thisis an important measure, and we should have an opportunity to understand its precise terms.
Skip Skip The bill was then read as amended. The previous question was 2nded, and the mainquestion ordered. The bill was orderengross and read a 3rd time; and bein engrossed, it was according}; read the thir.ne. Mr. WILSON, of Iowa, demanded the previous question on the passage of the bill. The previOus question was 2nded, and the mainquestion ordered. Mr. ARRIS demanded the yeas and uays. The yeas&nays were ordered. the question was taken; and it was decided in the aflirmative yeas 111, nays 38, not voting 34; So the bill was passed. During the roll call, Mr. BROOMALL stated that Mr. Pamnsou had paired with Mr. J. M. Huurimsv. Mr. THAYER stated that Mr. Ecunsr was absent by leave of the House. Mr. L1 BLOND stated that Mr. FINCK was absent, and he was authorized to say that if he was present he would have voted against the bill on its passage. The result having been announced as above recorded, Mr. WILSON, of Iowa, moved the previous question on the adoption of the title.
Mr. LEBLOND. I desire to move toamend the title of the bill by making it read, “A bill to abrogate the rights and break down the judicial system of the States.” [Cries of“ Order!” “Orderl”]
The SPEAKER. The previous question has been moved.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the title was adopted. Mr. WILSON, of Iowa. mtRtv the bill was passed, and to lay that motion on the table. Agreed to. sonnians CLAIMS. On motion of
Mr. WOODBRIDGE, by unanimous consent, the ComJudiciary were discharged from the further consideration of Senate bill No.88, to restrict the expenses of collecting soldiers claims against the government; and the same was referred to the ComMilAffrs.
Mr. WOODBRIDGE. I now enters motion to reconsider. I HABEASCORPUS.
Mr. LAWRENCE, of Ohio, by unanimous consent, from the ComJudiciary, reported back House bill No. 130, to amend the act relating to habeas empus and regulate ipdicial proceedings in certain cases, approved lall ch 3, 1863; and the same was lai on the ta e.
Mr. LAWRENCE, of Ohio, stated that the place of this bill was supplied by another bill already.reported. PAYMENT FOR BMANCIPATED stsvss.
Mr. LAWRENCE, of Ohio, from the ComJudiciary, to which was referred House JtResolution No. 143, reported the same back, accompanied by a written report and with sundry amendments. On motion of Mr. LAWRENCE, of Ohio, it was ordered that the report be printed.
Mr. LAWRENCE, of bio. ask that the 1st and 2nd amendments maybe agreed to, and then I will make a motion as to the disposition of the bill. The JtResolution was read. It provides that neither Congress nor any State shall ever authorize or provide for the payment of emancipated slaves. he 1st amendment was to strike out the words “ U.S.;” which was agreed to. The next amendment was to strike out, in section 2, the words “Abife: that f which was agreed to. The last amendment was to add at the end of section one the following: Except as provided by statute in force prior to the 1stday of Jannary. 1865. The amendment was agreed to.
Mr. LAWRENCE, of Ohio. I now move that the JtResolution as amended be printed and recommitied to the ComJudiciary, with the last pending amendment.
Skip Skip The motion was agreed to. Mr. LAWRENCE, of Ohio. mtRtv the JtResolution and pending amendment were recommitted. The motion was entered accordingly. DISTRICT COURT AT Bum.
Mr. WILLIAMS, by unanimous consent from the ComJudiciary, reporte back House bill No. 62, directing a district court to be held at the city of Eric, in the State of Pennsylvania, with an amendment. The bill was read. The amendment reported by the committee was as follows: Strike out the words, "and that in addition to the compensation allowed by law to the said Judge. ho shall be paid the sum of $50Oforhis additional expensesand services."
Mr. WILLIAMS. I desire to vut the bill upon its passage, and upon it I emand the previousquestion.
Mr. SC FIELD. Will my colleague allow me a moment?
Mr. WILLIAMS. I withdraw the previous question temporarily, and yield to my colleague.
Mr. SCOFIELD. I owe to amend the clause which the commit we propose to strike out by striking out “$600 and inserting “$300” in lieu thereof. W I think that will be entirely satisfacto to the committee, and it is followin the precedent which was set in the case of the judge from Maine. It is absolutely necessary that we shall have this court there since the passage of our internalrevenue law, and considering the low salary that we are now paying to the judge, it is no more than fair t. at the small amount of $300 should be allowed him, as was done in the case of the Maine judge, for his additional compensation.
Skip Skip Mr. WILLIAMS. I now renew the demand for the previous question. The previous question was 2nded, and the main question ordered. Mr. ScorisLns amendment was ogre“, i to The amendment reported by the ComJudiciary was disagreed The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WILLIAMS mtRtv the bill was passed; the table. Agreed to. Mr. WILSON, of Iowa. I now yield the floor to my colleague on the committee from Illinois, [Mr. Coon] HABEAB CORPUs.
Mr. COOK, from the ComJudiciary, reported back bill of the House No. 298, to amend an not entitled “ An act rel ative to the habeascorpus and regulating ju" dicial proceedings in certain cases, " approved March 3 1863, with an amendment in the nature of a substitute. The Clerk proceeded to read the substitute, but during the reading the morning hour expired, and the bill went over. PRINTING OF TESTIMONY
Mr. LAFLIN. I ani instructed by the ComPrintg to offer the following resolution: Resolved.That 25,000extra copies of each of the reports of testimony taken by the point select ComReconstruction.togetherwit the accompanyingdocuments, beprinted without covers for the useof the House. It is due to my colleague on the ComPrintg, the Gentfrom WestVirginia. l[lliln Lamina] that I should state that while, e consents to the offering of this report he dissents from the principle. I demand the previous question.
Mr. CONKLING. Does this relate to the testimony taken before the reconstruction committee?
Mr. conKLING. Will my colleague yield to me for a moment?
Mr. LAFLIN. I withdraw the previous question for that purpose.
Mr. CONKLING. wish to make a statement in connection with this subject. I have seen it stated in newspapers that there is on the part of the JtCommee of 15. orof some of its subdivisions. an intention to suppress or withhold evidence in its possession. This charge is utterl groundless. No evidence has been selecte for publication, nor has any been selected to be suppressed or even to be postponed in its publication. Nothing of the sort has happened. One sub committee has not as yet brought in any evidence whatever, and the delay arises in this way. Senator Howann, who is at the head of the sub committee referred to, has been absent for some time on account of a domestic bereavement, and because of his absence the testimony taken by that subeommittee has not been presented, although in substance it is ready. It was thought by his colleagues upon the committee that he being chairman, and being absent for such a reason, it would be no more than respectful to him not to move in his absence. repeat therefore, for myself and for the whole of t 9 JtCommee. that there is no truth whatever in the allegation that any evidence has been suppressed, or even in any manner withheld, except as I have stated.
Mr. GRIDER. I desire to ask the Gentfrom NewYork, [Mr. CONKLING] one question.
Mr. GRIDER. The Gentfrom NewY ork speaks of sub committees. I would ask him whether or not he knows that any subeommittee has reported to the general committee. except the sub committee that took the testimony in relation to Tennessee?
Mr. CONKLING. I know and perhaps that is a sufficient answer, as I wou (1 keep within the parliamentary rule rendering doings in committee inviolate that the committee ordered all evidence taken to be brought for ward rapidly as might be, to be printed. if the Gentfrom Kentucky [Mr. GRIDER] wants to know whether the technical process, or the manual act, has been to expose the testimony 1st to the whole committee, and then to bring it from the whole committee to the House, I will answer him that I believe the exact mode has been for each sub committee to bring in its testimony directly to the House and hand it over to be printed, to the end that Congress and the country may have it all at an earl period.
Mr. GRIDER. Did not the general committee decide not publish any testimony except such as was r ported by the sub committees to the general committee?
Mr. STEVENS. I must object to this de bate.
Mr. CONKLING. I will continue it so far as to say to the Gentfrom hentucky [Mr. GRIDER] that he is mistaken as to the action of the committee.
Mr. STEVENS. I do not like to hear this colloquy about what has taken place in the committee; it is all out of order.
Mr. GRIDER. The Gentfrom NewYork [Mr. CONKLING] gave me leave to ask the question.
The SPEAKER. The rules of the House do not recognize debate in regard to what has occurred in a committee, except so far as the committee may have reiorted their action.
Mr. LEB 0ND. that is the particular object of publishing this testimony? It does not seem to come in now in connection With any proposition upon which the House is called to act.
Mr. LAFLIN. Iwill answer the Gentfrom Ohio [Mr. Ls Bach] by saing that this is intended or the information of the public and of the House. The importance of the subject, the interest that is felt in it, the high character of the testimony that has been presented, are sufficient reasons for this publication. I now call the previous question.
Skip Skip The previous question was 2nded, and the main question was ordered. Mr. LEBLOND. I call for the yeas&nays on the passage of the resolution. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative years 107, nays 32, not voting 44; So the motion was agreed to. Mr. STEVENS mtRtv the House agreed to the resolution; on the table. Agreed to. nous or HONOR.
Mr. JENCKES, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComPrinting inquire nto the expediency of printing for the use of the House 5,000deopiesof the rolls of honor and other lists of soldiers buried in the national ceme teries and on battle fields. now being published under the direction of the QuarterMGen DISTRICT REFORM 5011001.
Mr. BALDWIN, by unanimous consent, reported from the ComDistCol a bill to establish in the DistCol a reform school for boys: which was read a 1st and 2nd time. ordered to be printed, and recommitted to the committee. METROPOLITAN GAS COMPANY.
Mr. SLOAN, by unanimous consent, introduced a bill to incorporate the Metropolitan Gas company; which was read a 1st and 2nd time and referred to the ComDistCol. ANN BURNBT.
Mr. NICHOLSON, by unanimous consent, introduced a bill for the relief of Ann Bur net, widow of James Burnet. of Kent county, in the State of Delaware; which was read a 1st and 2nd time, and referred to the ComInvalidPens. FORTIFICATION BILL.
Mr. STEVENS. I move that the rules be suspended and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resolved itself into the ComWhole on the state of the Union. (Mr. “insert, of Iowa, in the chair.) and resumed the consideration of the special order. being House bill No. 226, making appropriations for the construction, preservation, an repairs of certain fortifications and other works of defense for the year ending the 30th of June, 18671 The pending question was upon the following amendment, offered by Mr. Fanxswoarn: On page 1. line 8. strike out “50” and insert "25." so that the paragraph will read: For Fort Wayne. near Detroit. Michigan. $23, 800.
The CHAIRMAN. The ComWhole, at itshlast sitting, a uorum, whereu foundetself witgout it rose an reporte the fadt to the House. pThe tellers the Gentfrom Illinois [Mr. Wasnnuaxs] and the Gentfrom Ohio [Mr. SPALDlNG] will please resume their places. Mr. BEAMAN. I hope that before the vote is taken unanimous consent will be given for the reading of a communication from General Delafield. which I hold in my hand.
The CHAIRMAN. That cannot be done at the iresent time; the committee is dividing. the committee divided; and the tellers reported ayes 21, noes 74. So the amendment was rejected.
The Clerk read the following clause: For Fort Ontario, Oswego.NewYork. 850.”.
Mr. STEVENS. Although I could not hear distinctly the amendment of the Gentfrom NewYork, [Mr. BROOKS]
The CHAIRMAN. The gentleman did not Offer an amendment.
Mr. STEVENS. What washe talkingahout, then? [Laughter]
The CHAIRMAN. About the paragraph under consideration.
Mr. BROOKS. I know that the Gentfrom Pennsylvania [Mr. Srsvsss] wants to make a speech, and in order to give him the op ortunity, I “ move to amend by striking out fly” and inserting “25, " so that the clause will read: For Fort. Ontario, Oswego.NewYork. 825,000.
Mr. STEVENS. Well, Mr. Chairman, in or der to make a speech that shall be satisfactory, I agree to that amendment, as it isa NewYork work.
Mr. DAVIS. I renew it. Mr. Chairman, I agree in all my colleague has just said, and I Wish to say something in addition. Oswego is one of the most important places upon Lake Ontario. It has an extensive commerce. It is situated nearly op site Kingston, in Canada, with which it has adlarge commercial intercourse. Its shipping interest is very large. It has no protection, sir, except that furnished by this Fort Ontario, which year after year has been going into decay. If we are to keep upon our coast line fortresses for use in time of war we must make apopriations for their preservation in times of peace. The British Government has, with quite as much wisdom as we can display, appropriated for a work opposite over a million dol ars; and at Toronto it has made large expenditures in the same direction. We have at Sacketts Harbor, which was an important point, nothing but field works; and we have nothing at Roe ester. We have only a fort at Niagara, and one at Oswego. Oswego lies 35 miles north of S racuse, the largest manufacture of salt in this country; an if in time of war Oswe o be taken there will be no obstruction to teca ture of the salt works at Syracuse. I am therefore opposed to striking down this appropriation. this not because it is in NewYork, Ifavor this, but because it is necessary to the protection of the country. In my action here, I am in favor of one section of the country as the other. I believe that to be the duty we owe to the American people. I withdraw my amendment.
The Clerk read, as follows: For sea wall of Great Brewsters Island, Boston harbor. Massachusetts. For sea wallson Deer and Lovells Islands, Boston harbor. Massachusetts, $50000. For fort at entranceof NewBedford haflior, Massachusetts,(DO.
Mr. BROOKS. I think those belong to the river and harbor bill, but I will not move to strike them out.
Mr. WASHBURNE, of Illinois. I move to strike out lines 45 and 46: For repairs of Fort Washington on Potomac river. 850.000 1 do not see what necessity there is for that fort at all when we have Fortress Monroe and the Rip Raps, with our iron clads for the de fense of all the adjabent parts.
Mr. SCHENCK. I can understand about the James river and Hampton Roads being covered by batteries at Fortress Monroe, but it is very possible for an enemys fleet to get up the Chesapeake bay. This city is defendedby Fort Washington, and if we have never had oc casion during the war to test the advantage of having that efense, it is only because the rebels had no fleet with which to ascend the Potomac and reach the city of Washington.
Mr. STEVENS. I move to amend the amendment by inserting $20,000 instead of $50,000. I believe that is as much as is necessary for repairs. am not quite sure that it is very important to increase it, hence it is thatI am myself willing to vote for what I think is necessary for repairs simply. The amendment to the amendment was disagreed to. i The motion of Mr. Wisunuaivs, of Illinois, to strike out the item was also disagreed to.
Mr. S EVENS. The committee purposely omitted this recommendation. They thought the appropriations for that immediate coast were out of all prooition to any others that were asked for or Fort Clinch, $50,000 Fort Taylor $100,000, upon which $200,000 were cXpended last year. Then came Fort Jefferson, guarding the immediate neighbor hood, for which $100,000 were appropriated last year. The committee thou lit that even this large appropriation for this place might be spared for a year, especially as we gave some $200,000 for that immediate vicinity in the bill. It is for the House to say whether the committee were wrong or parsimonious and in order to test it, I move to strike out $100,000 and insert $50,000.
Skip Skip The question was taken on Mr. Senizx exs amendment, and it was agreed to.
Mr. GRINN ELL. I would ask the gentleman if the mosquitoes there are not sudicient and ampleto kee off any foreign enemy. I believe e has ha some experience there.
Mr. DEMING. The mosquitoes there were of very large size, and 1 should think the troops there would require armor to protect them from the mos uitoes.
Mr. GRINNELL. Then I am in favor of the $25,000.
Mr. PAINE. I move to strike out the last word of the amendment. I do so for the purpose of askia the Gentfrom Connecticut [Mr. DEMING whether he knows of any reason for retaining in this bill even the appropriation of $25,000.
Mr. DEMING. I certainly know of no reason whatever, unless it be for the purpose of tfeping in repair the works already erected ere.
Mr. PAINE. I wish to know from the Gentleman whether he has any information respecting the works now on that island which would warrant us in making this appropriation for their preservation and repairs.
Mr. DEMING. I have only such general information as I obtained from Ship Island itself in my connection with that expedition. That information consists in this: that at the time the expedition 1st went to Ship Island, the fort on the western extremity was a mere brick work entirely useless for purposes of de fense or protection. I have been since informed that an engineer has been sent to Ship Island, and more substantial works have been in process of erection for the last 2 or 3 years. Therefore it was that I deemed that some appropriation was necessary for the purpose of protectin the works now in the process of being bui t.
Mr. PAINE. I will modify my amendment to the amendment so as to make the appropriation $10,000 instead of $25,000. The amendmentto the amendment was agreed to, and the amendment as amended was agreed to.
Mr. SCHENCK. I wish to offer another amendment at the request of the War Dept. I move to insert after line 52 the followrng: For Fort Clinch, Amelia Island, Florida, 850,000. This is another of these sentinels along our coast, this fort upon Amelia Island. Although it was estimated for, the committee have for some reason thought propernot to report the appropriation. It is now occupied, a though in an unfinished condition, the work, however, is gOin forward. It Wlll be a formidable work when finished, and one which it is thought will be very much needed in the line of efense along our coast. But I will take up no further time of the committee except by asking the Clerk to read a passage I have marked in the communication I adread from a short time ago.
The Clerk read, as follows: “ For Fort Clinch. Amelia Island, Florida, an appropriation of 850.000was included in your annual report. This work is in an advanced state of completion. Preparations are now in progress for mounting the heavy armament of recent construction, and part of the armament for defense of the ditches is already in position. This work commands one of the few harbors along our southern Atlantic coast in which enemys cruisers could find shelterand refuge. To leave it in its present unfinished condition. nearly ready to receive an armament of 15inch and other guns to protect this roadstcad, the Dept could not jnstify itself. It has remained in our possession during the rebellion, and is of such present importance as to have induced the Lieutenant General to garrison it in its unfinished condition. presentthesefacts to be communicated to the committee, should ]you concur in my recommendation that the origina estimated sumof $50,000beincluded in the estimate.” The amendment was agreed to.
Mr. SCHENCK. I have one other amendment, and it is the last which I have been requested by the Dept to Offer. It is for one fort in California, and in the letter from the Dept will be found all the explanation I cem it necessary to make. I move to amend l) inserting after the amendment just adopted, the following: For fort at Limo Point, California. 875.000. I now ask that the communication to which I have referred be read.
The Clerk read, as follows: “For Limo Point, Callforpia. an appropriation of $75,000was asked in the estimatesinc udedin your annual report. It is omitted altogether in the bill reported y the committee. Lime Paint is situated on the north Fido of HIOIDIUXI.CIHIDBOlIoadinlr into the harbor of SanFranciseo directly opposite to the works now in progressat Fort Paint. oining the city of SanFranciseo. Under recent negotiations conducted by your Dept we have made the purchaseof this site and are now about coming into possessionof over 1700 acresat a cost, in loyal tenders. very far below any previous de man s therefor. Our Olclfl UOPSon the SanFranciseo side of the channc are limited in their commandof the channel and defenseof SanFranciseo. the navyard and entire goldregion, without occupyin Lime POint. Its importance is unquestioned and invite your attention to the omission of an appropriation therelorpn the supposition thatits relative position and existing pure pass of the property matieno}h, have beenbrought to the noticeof the commi 0.
Mr. SPALDING. There is a mistake there in some respect. That estimate was never sent to the committee at all.
Mr. SCHENCK. I will explain. In the estimates, it is called “additional defenses for SanFranciseo.” It covers the entrance to the harbor.
Mr. SCHENCK. That has misled the committee, I resume.
Mr. STEVENS. The committee could not understand this matter. They had never seen any such fort named; and those additional estimates we did not consider sutheiently spe cific, as they left everything to the discretion of the Dept, contrary to our system.
Mr. HIGBY. In order that I may say a word, I move to amend so as to make the amount $100000. In the original estimate that came before the committee this 3rd amount was to be appropriated at Simmss Point. I had no knowledge of any such place; and the committee omitted that item because no explanatiOn was given. Of Lime Point I very well understood the location. It is on the north side of the entrance of the bay of SanFranciseo. Fort Point is upon the south side; and this is nearly opposite. It is desirable that the 2 forts should be able to operate together when necessary. There has long been an anxiety and nervousness among the people of the State of California at the delay on the part of the Government to erect some defensive structure upon the north side of the entrance of that harbor.
Mr. STEVENS. Is there any fort there now?
Mr. HIGBY. There is no fort there now unless there be an earth battery. I believe it is not contemplated to build a fort of the usual expensive character. Having said what I desired to say in explanation of this matter, I withdraw my amendment in favor of the amendment made by the Gentfrom Ohio, [Mr. Swine L] On agreeing to the amendment there were ayes 56, noes 37. So the amendment was agreed to.
Mr. STEVENS. In line 58I move to strike out the words “one liun red and, ” so that the clause will read: For survey of northern and northwesternlakes, including Lake Superior, $50,000. There has been a mistake in copying or printing the bill. The amendment which propose is in accordance with the estimates.
Mr. DRIGGS. Has the gentleman positive information that $50,000 is all that is required?
Mr. STEVENS. Here are the estimates; $50,000 is all that is asked for. The amendment was agreed to.,
Mr. DAVIS. I move to amend by out the word “of” where striking, it occurs the 2ndtime in the 62nd line, and inserting in lieu thereof the word “ by, ” so that the clause will read “the a proval of its expediency by the SecyWar ” The amendment was agreed to.
Mr. STEVENS. I move that the committee rise.
Mr. BANKS. I hope the Gentfrom Pennsylvania will withdraw that motion and allow me to move that this bill be laid aside, and the next bill taken up. It is an appropriation bill.
Mr. STEVENS. If there be no objectiop, am willing to do so. 11?. WASHBURNE, of Illinois. decidedly. The motion of Mr. Srevnxs was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Wiismv, of Iowa, reported that the ComWhole on the state of the Union having had under consideration the special order, being hill of the House No. 255, making appropriations for the construction, preservation, an repairs of certain fortifications and other works of defense for the ear ending the 80th of June, 1867, had directed, him to report back the same with sun dry amendments. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill. reported that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: An act (a. R. No. 61) to establish certain post roads; and An act H.R.No. 185) to extend the time for the withdrawal of goods for consumption from public store and handed warehouse, and for other purposes. IO[ETIFICATION BILL AHA [N.
Skip Skip Mr. STEVENS. I demand the previous question on the fortification appropriation bill and the amendments reported mm the ComWhole on the state of the Union. The previous question was 2nded, and the main question ordered. The amendments of the ComWhole on the state of the Union were voted on in gross and adopted. The bill as amened was ordered to be engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. STEVENS demanded the previous question on the passage of the bill. The previous question was 2nded, and the mainquestion ordered. Mr. OSS. I move that the bill be laid upon the table. I should like to have my vote recorded against this bill. The motion was disagreed to. The bill was then passed. Mr. STEVENS mtRtv the bill was passed; upon the table. Agreed to. PARIS EXPOSITION.
Mr. STEVENS moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordin 1y resolved itself into the ComWhole on the state of the Union, (Mr. WILSON, of Iowa, in the chair.) and proceeded to the consideration of House JtResolution No. 62, to provide for the expenses attendin the exhibition of the products of industry of 7 U.S. at the Exposition at Paris in
Mr. WASHBURNE, of Illinois. I move to lay that aside and take up an appropriation bill.
Mr. BANKS. I hope not. It is necessary this question should be settled. The motion was disagreed to.
Mr. BANKS moved that, by unanimous consent, the 1st reading of the JtResolution for information be dispensed with.
Mr. WASHBURNE, of Illinois, objected. The JtResolution was then read a 1st time for information.
Mr. BANKS. I move to amend the 1st section by the following, which was omitted by accident: Afler linc 7. Section 1. insert: 1st, to provide necessaryfurniture and fixtures for the properexhibition of the articles and products of the industry of the U.S., according to the I object, plan of theimperial commissioners, in that art of the uilding exclusively assignedto the useoft e U.S. 548,000. Mr. Chairman, I suppose this amendment opens the whole subject for discussion.
The CHAIRMA. General debate has not been close
Mr. ASHLEY, of Ohio. I move that, by unanimous consent, the Gentfrom Massachusetts be allowed to conclude his remarks. There was no objection.
Mr. WASHBURNE, of Illinois, obtained the floor, but yielded to
Mr. SLOAN, who moved that the committee rise. The motion was agreed to. So the committee rose; and the Speakerhaving resumed the chair, Mr. WILSON of Iowa, reported that the ComWhole on the state of the Union, having had under consideration the Union generally, and particularly House bill No. 52, to provide for the expenses attending the exhibition of the prod ucts of industr of the U.S. at the Exposition at resolution thereon. THANKS TO GENERAL W. S. HANCOCK.
Mr. PHELPS, by unanimous consent, introduced aJtResolution expressive of the thanks of Congress to Major General W. S. Hancock; which was read a 1st and 2nd time, and referred to the ComMilAffrs. BASIS OF REPRESENTATION.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced a JtResolution proposing an amendment to the Constitution of the U.S., concernin the basis of representation; which was read a 1st and 2nd time, referred to the JtComReconstruction, and ordered to be printed. ORDER OF BUSINESS. Mr. wmuou. I ask unanimous consent to take from the Speakers table Senate bill No.121for reference to the ComIndAffrs.
Mr. EARNSWORTH. I call for theregular order.
The SPEAKER. The reular order is the consideration of the loan bill, upon which the Gentfrom NewYork [Mr. HULBURD] is entitled to the floor. 7
Mr. CONKLING. I hope my colleague [Mr. Hvnnunn] will not be compelled to go on this afternoon at this late hour.
Mr. HARDING, of Illinois. Is it in order to move that when the House ndjourns this afternoon it be to 12 oclock to ine rrow?
The SPEAKER. The House has ordered a aris in 1807, had come to no recess to be taken each day, except Saturday, from 4 and a halfp. In. to 7 and a half p. m., until it shall be otherwise ordered. A motion to adjourn. before the hour for taking a recess, will be in order, and if a majority shall vote in favor of it, the House will adjourn until tomorrow at 12 oclock.
Skip Skip Mr. HARDING, of Illinois. I move that the House now adjourn. The House divided; and there were ayes ayes 69, noes 39. Before the result was announced, Mr. STEVENS called for the yeas&nays. The yeas&nays were ordered. The question was taken; and it Was decided in the affirmative yeas 75, nays 47, not voting 61; So the motion to adjourn was agreed to. During the roll call, Mr. OLMES said: My colleague, Mr. DAVIS, has been compelled to leave the Hall on account of sickness. The hour of half ast 4 p. m. having ar rived before the waging of the list of yeas and may s had been completed, Mr. FARNSWORTH said: The hour of half past 4 having arrived, must not the; House, in pursuance of its order, takearecess until half ast 7 oclock this evening?
The SPEAKER. As that question is one of some interest, the Chair will state that during the last session of Congress, when the House was acting under a resolution of the some kind, providing for a daily recess, the same point was raised while the yeas and nnys were being taken. The Chair examined all the precedents upon the subject, and found the rulings of the Speaker to be uniform, that where a motion was made to adjourn before the hour for taking the recess had arrived and the yeas and no. s were ordered to be taken upon the motion, the roll call had to be completed and the result of the vote must be announced by the Chair, even though the roll call was not completed until after the hour for taking the recess had expired; and ifthe question was decided in the allirmative, the House stood adjourned until the mor row. The constitutional expiration of congress is the only thing that can arrest the call of the roll after it has been begun. The result was announced as above and accordingly (at 4 oclock and 32 minutes p.m.) the House adjourned.
@@@IN SENATE SENATE. Wiznxitsusv, March 14, 1865. Prayer by the Chaplain, Rev. E. H. Grant. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The President protempore laid before the Senate a message from the POTUS transmitting a copy oftwo communications from the minister of the U.S. at Paris in regard to a proposed exhibition of fishery and water culture to be held at Archncon, near Bordeaux, in France, in July next; which was referred to the ComForRel, and ordered to be printed.
Mr. MORRILL. from the ComDistCol, to whom was referred a bill (S.No.177) to incorporate the National Safe Deposit Company, of Washington, reported it. without amendment.
Mr. GRIMES, from the ComNavAffrs, to.whom was referred a bill (S.No.174) to establish a liydrogriiphic othee in.the NaVy Dept, reported it without amendment.
Mr. SUMNER, from the ComForRel, to whom the subject was referred, reported aJtResolution S.No. 44) authorizing Commodore William adford to accept the decoration of the e questrian order of StMaurizes and Lazzare from the King of Italy, with accompanying papers. The bill was read, and passed to a 2nd reading, and the opera were ordered to be printed. MIi. KIRKWOOD, from the ComPensions, to whom was referred a bill (H.R.No. 217) for the relief of Robert Henne, reported it without amendment. lie also, from the same committee, to whom was referred the petition of Jane Harris, praying for a pension, reported a bill (S.No.200) for the relief of Jane Harris: which was read, and passed to a 2nd reading.
Mr. FESSENDEN, from lic ComFinance, to whom was referred a bill (H.R.No. 86) making additional appropriations, and to supply deficiencies in the appropriations for sundry civil expenses of the Government for the fiscal year ending the 80th of June, 1866, and for other purposes, reported it with amend merits. SUFFERERS BY ARSENAL EXPLOSION.
Mr. MORRILL. The ComDistCol, to whom was referred a JtResolution (H.R.No. 84) for the relief of the sufferers by the late explosion at the U.S. arsenal in the DistCol, have had it under consideration and have instructed me to report it back without amendment. I ask for its present consideration.
The President protcm re. ltrcquires unanimous consent to considerthe resolution on the day it is reported. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution. By the late explosion at the U.S. arsenal in the DistCol, ten persons were killed, who were not enlisted men, but were employcs of the Government in the arsenal; and as those who were so killed left wives and children dependent upon them for support, most of whom are now in a destitute condition, the resolution therefore appropriates the sum “$2, 500 to be placed by the SecyTreasury in the hands of Colonel Benton, commandant of the arsenal, to be distributed by him among the siillerers by the explosion, according to the equity and necessities of their several cases; and the commandant is to report the details of the distribution to Congress, with the vouchers therefor. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed PROTECTION OF CIVIL RIGHTS.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the hill (S.No.61) to protect all persons in the U.S. in their civil rights, and furnish the means of their vindication, as returned from the HoRep with amendments, have instructed me to report it back to the Senate with a recommendation that the Senate concur in the amendments made by the House to the bill. I move, if there be no objection, that we proceed to the consideration of those amendments at this time. I will state that the report of the committee is unanimous on that subject.
The President protampon. The Senfrom Illinois asks unanimous consent to consider the bill now reerted by him from the ComJudiciary. Is there any objection?
Mr. DAVIS. I hope that that bill will not be considered new.
The President protempore. It requires unanimous consent to consider it at this time.
Mr. DAVIS. I wants. reasonable time to consider it. I object to its present consider ntion.
The President protempore. being made, it lies over. BILLS INTRODUCED.
Mr. CHANDLER asked and by unanimous consent obtained, leave to introduce a bill (S.No.198) to extend the time for the reversion to the U.S. of the lands granted Congress to aid in the construction of a mi road from Amboy, by Hillsdale, and Lansing. to some point on or near Traverse bay and for the completion of said road; which was read twice by its title, and referred to the ComPubLands. He also asked, and by unanimous consent obtained. leave to introduce a bill (S.No.IOU) to establish a collection district at Port Huron, and to extend the district of Puget sound which was read twice by its title, and referred to the ComCommerce. Objection .
Mr. CHANDLER. I ask that the bill (S.No.146) for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil, may be taken up for the purpose of referring it to the ComCommerce. A similar motion was made by the Senfrom Iowa [Mr. ComCommerce. GIUMES] when it was last considered, and that. motion is still nding. I ask that it may be taken u for reerence. The PRESIDENT protempore. The Senfrom Michigan as s that Senate bill No. 146, now on the table, may be referred to the No objection being made, that reference is ordered. MILITARY ASYLUH.
The PRESIDENT tempore laid before the Senate the amendment of the HoRep to the hill (S.No.54) to amend an act to incorporate the National Military and Nnvhl Asylum for the relief of totally disabled officers and men of the volunteer forces of the U.S.; which was referred to the ComMilAffr and the Militia. CONDITION OF SOUTHERN STATES.
Mr. DAVIS. I offer the following resolution: Ifcaolvrfl that the JtCommeeto inquire into the condition of the States which forme the socalled confederate States of America, oushtto take the teslimony of a reasonablenumber of Witnesses. whme namesmaybe an gested to them by the several persons claiming to )0Sens&Reps from those states. I ask that this resolution may be considered now.
The President protempore. being made, it lies over. mum J. HALL.
Mr. LANE, of Indiana. I move that all prior orders be postponed and that the Senate take up the hill (8. No. 181) for the relief of Emma J. Hall. It is a little pension bill and will not take 2 minutes. The motion was agreed to; and the bill (S.No.181) for the relief of Emma J. Hall was read the 2nd time and considered as in ComWhole. It directs the Comr Pensions to place the name of Emma one Hull widow of Rev. Perry Hall, deceased, late a chaplain in the 79th regiment Indiana volunteers, upon the pension roll of that office, at the rate now prescribed by law for officers of his rank.,
Mr. LANE, of Indiana. There is a report accompanying the bill which will explain it. It is very short, and it can be read if any Senator desires it. o
Skip Skip The bill was reported to the Senate without amendmeut, orderengross for a 3rd reading, read the 3rd time, and passed. IMPORTATION OF AMERICAN LUMBER.,
Mr. MORRILL. I desire to call up a bill reported by the ComCommerce a few days ago, and which it is necessary to pass at the present time on account of a provision in it providing that it shall go into effect on Saturday next. It will not occupy live minutes. It is a bill (H. It. No. 154) to further secure American citizens certain privileges under the treaty of Washington. The motion was agreed to; and the Senate, as in ComWhole, proceeded to considerthe bill. It provides that the produce of the forests of the State of Maine upon the StJohn river and its tributaries, owned by American citizens, and sawed or hewed in the Province of NewBrunswick by American citizens, (being unmnnufactnred in whole or in part.) which is now admitted into the ports of the U.S. free of duty, shall continue to be so admitted under such regulations as the SecyTreasury shall from time to time direct. This bill is to take effect from and after the 17th of March, 1866.
Mr. GRIMES. did should like to know how you are oinv toi antiO?
Mr. MOItBILL. Padraig): I ought to say a word in explanation of the bill, especially as my Objection friendfrom Iowa makes an inquiry. The outlet for the lumber upon then perwatersof the StJohn is entirely through t to British Provinces from the raids on the river, just afterit enters the British provinces. It becomes necessary that the lumber should be manufactured after it reaches the Provinces. The Grand Rapids in that river are just afterit leaves the territory of Maine and enters the British Provinces. Under the treaty of Washington we have the right of highway upon those waters. It is therefore a question of allowin the citizens of Maine owning those lands to ta. e their lumber down the natural and only highway to market, it being unmanulacture, and to bring it into our ports and in the same way as if it had not entered the British Provinces at all. The Senfrom Iowa asks me how we are to distinguish between the American and British lumber. That is a subject that was pretty fully considered by the committee. Some of the citizens of my own State who objected to the bill on that ground were before the committee. The information stated to the committee was that there would be no difficulty in doing it under such rules and regulations as could be as tablished by the Treasu Dept, to whom that question is referre; and I say to the honorable Senator who makes the inquiry, that the evidence before the committee was entirely satisfactory that there would be no serious difficulty in distinguishing between the lumber of American manufacture and that of British manufacture.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. RAILROAD FROM PLACEBYILLE.
Mr. CONNESS. I move to take up Senate bill No. 126for consideration. I by to sayto the Senate, in making this motion, that this is a bill to accompany one passed by the Senate the other day, which we desire to send to the HoRep for consideration at the same time. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.126) granting lands to aid in the construction of a railroad and telegraph line from the city of Placcrville, in the State of California, to the most feasible point of intersection with the Pacific railroad, in the State of Nevada. The ComPubLands reported the bill with various amendments. The 1st amendmentwas in section one, line 3, after the word “com any” to insert “a corporation existing under the lows of the State of California, ” so that the clause will read: That theSan Franciseo and Washoc Railroad congully. a.corporation existing under the lawn of the tnteof California, is herebyauthorized and empow eredto lay out. locate, &c. The amendment was agreed to. The next amendment was at the end of section 2, to strike out the words “and so forth.”
Mr. CONNESS. That is merely a verbal amendment.
The President protemporc. Those words will be stricken out if there be no objection. The next amendment was in section 3, line 4, after the word “ said” to insert the words “railroad and, ” so that it will read, “ for the purpose of aiding in the construction of said railroad and telegraph line.”
Mr. CONXESS. That is also a verbal amendment.
The PRESIDENT otempore. That amendmentwill be made without a vote, being verbal. The next amendment was in the some section, in lines cigh t and 23, to strike out the word “even” and insert “odd, ” so that the lands donated shall be designated by odd numbers. The amendment was agreed to. The next amendment was in section 3, after the word “provided, ” in line 24, to strike out the following words: That all lands containing gold or silvdi be, and the sameare hereby.nxoludodfromtho operationsof this net.nndin lieu thereof a like quantity of unoecnpied agricultural lands. in odd numberedsectionsnoarei to the line of said road. may be selectedas above provrdod: and proctdedfurther. So that the proviso will read: Provided, That the said companyshall bd entitled to the timber upon sections excepted by reason of containinggold or silver
Mr. CONNESS. I will say so for as the exception in this place of mineral lands is concerned, it is found in another part of the bill. The amendment was agreed to. The next amendment was in section 3, line 38, alter the word “sections” to insert “or any less legal subdivision;" and in the 39th line, after the word “section” to insert the same words, so that the clause will read: and prqvidedfimher. That the actual settlersupo any of said quarter sections. who have settled an occupiedfor agriculturalgmrpoecs upon said quarter sections or any legal subivrsionl, shall beenntlod to the timberupon t 10quarter sectionor anylczulsub dnnsion so actually occupiedby them. The amendment was agreed to. The next amendment was in section 4,to strike out the word “ten” wherever it occurs and insert the word “ 20.”
Mr. STEWART. I hope that amendment will not be concurred in. I believe it was by mistake raported as an amendment by the committee. his road will run through a mount aine us country, and whenever ten miles of the road is constructed the patents to this land should be granted. The committee, so for as! have conversed with them, are willing to let them have the benefit of that.
Mr. POMEROY. The report of the committee was to insert “ten” instead of “ 20.".
Mr. CONNESS. It was on error in the printing. I hope the Chair will put the question on all the amendments in the section together as it is to strike out the same word. The PBESIDENT protempore. The proposed amendment is to strike out the word ten ” wherever it occurs and insert “ 20."
Mr. CONNESS. Let us vote that down. The amendment was rejected.
Mr. STEWART. In order to make the section conform to the vote just taken, I move to strike out in the 3rd line of the 4th section the word “ 20 ” and to insert the word “ten.
The President protempore. That change will be made to make the bill consistent. The next amendment was in section 6. line 5, to strike out the word “even” and insert U oddHI
Mr. CONNESS. That is merely a verbal amendment to make the bill correspond. The amendment was agreed to. The next amendment was to strike out the 10th seetion.in the following words: SEC. 10.Am! lmilfurlbrr crmclrll, That. said SanFranciseo and Washoornilroad or any part thereof, shall be a best route and military railroad.subjectto the useof the U.S. for postal. military na val, and all other(iovernmentservico, and alsosubject to such regulations asCongressmay imposorestriotr in: the chargesfor such Governmenttransportation. The amendment was agreed to.
The President protem ore. Those are all the amendments reported by the committee.
Mr. CONNESS. I desire to make a verbal amendment in the 5th line of section two. After the word “ telegraph” I move to insert the word “line.” The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended and the amendments were concurred in.
Mr. MCDOUGALL. It was the accident of my opportunity to have been invited to the city of B acerville when the idea of building this road was 1st suggested. I went there at the invitation of the people of that part of the mountain country of my own land to maintain. what I thought in my engineering science to be a true line of road, and I believe it was on my advice that the 1st surve was ever made on that line. I have always t on htit the best line for communication betwecut e bay of Sun Franciseo and the East. I do not care to spe that is not my fashion without I ha" uPm ; ose to accomplish; but I believe this isagood ill. well drawn, well amended, and should be nssed.
Skip Skip The bill was orderengross for a 3rd reading, read the 3rd time, and passed. CASCADE RAILROAD COMPANY.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of Senate bill No. F
Mr. GRIMES. Is that another railroad bill?
The President protm are. The Senfrom Oregon moves to ta e up the hill (S.No.105) to grant the right of we to the Cas cade Railroad company throng a military reserve in Washington erritory.
Mr. WILSON. At one 0 clock I shall have to call u the Army bill.
Mr. CONNESS. This will not occupy any time. It is merely to grant the right of way through a reserve. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The Cascade Railroad Cempany, a corpora 4tion duly created and organized under the laws of Washington Territory, has constructed and put in operation a railroad on the Cascade portage of the Columbia river, in that Territory, a portion of which road is constructed through a military reserve of the U.S.; and doubts have arisen as to the right to construct the road through the reserve and the validity of the charter of the company; the bill therefore proposes to grant to the Cascade Railroad Company a right of way of 60 feet in width alon the line of the road as at present constructc, and along the changes of location hereafter made to straighten and render the road safe through the public lands of the U.S., the military reserve, and the lands of private persons agreeing thereto, including all necessary grounds for stations, buildings, workshops, depots, machine shops, switches, side tracks, and wharves; and the charter of ihrlrd company is adopted and declared to be VHI o
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. hIcPnnuson, its Clerk, announced that the HoRep had passed a bill (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the year ending June 30, 1867, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed, with an amendment, the bill of the Senate (8. No. 83) in relation to the Court of Claims, in which the concurrence of the Senate was requested. MILITARY ESTABLISHMENT.
The President protemporc. The morn in hour having nearl expired, the Chair will ca 1up the unfinished" business of yesterday, which is Senate bill No. 138. The Senate, as in ComWhole, resumed the consideration of the bill (S. N 0. 138) to increase and fix the military peace establishment of the U.S.
Mr. WILSON. I desire to make a very few amendments to the bill, mostly of a verbal and technical character. In the 2nd section of the bill, in the 7th line, after the word "1st" Imove to insert the words “or 2nd, ” so that the proviso will read: Provided. That the regimental sdiutants, quarter mnsters and commissnries shall hereafter be extra 1st or 2ndlieutenants. That will allow a 1st or 2nd lieutenant to be taken for that purpose. The amendment was agreed to.
Mr. WILSON. In the 16th line of the 3rd section I desire to make the same amendment; atter the word “ 1st“ to insert “or 2nd, " so that the proviso will read: Provided. That eachcavalry regiment shall here after have but one hospital steward and the regimental adjutunts. quartermusters, rind commissories shall heroalter be extra 1st or 2nd lieutenants. The amendment was agreed to.
Mr. WILSON. In the 8th line of the 4th section after the word “in” I move to insert the words “each of.” Those words were in the original bill, but they were omitted in the dprinting of the bill. The clause will then rea and 2/3rds of the vacancies in each of the gradesabovethat of 1st lieutenant shall befilled by selectionfrom amonnho officers and soldiersof volunteer infantry or artillery. to.
The President Protem ore. Those words will be added to correct the anguage as it is a clerical mistake.
Mr. WILSON. In section 6,I propose to strike out the words “an extra 1st lieutenant ” where they occur in lines 4,5, and air and in the 5th line, before the word “one, to insert the word “and, ” and then to insert after the word “quartermaster, ” in the same line, the words “who shall be extra 1st or 2nd lieutenants, ” so that the section will read: That each regiment of infantry provided for by thisiiet shall haveonecolonel, onelieutenant colone, 2 majors.onerementalcommisaary, oncadjutant, and oneregiments.quartermaster, whoshall be extra 1st or 2nd lieutenants.ten captains. Lo. This will make the section in harmony with the other amendments that have been made. I will simply say to the Senfrom Iowa that these are statiOfficers, and they may be taken from the class of 1st lieutenants and 2nd lieutenants, according to the discretion of the Dept, for this purpose. The suggestion comes from eminent Army Officers, who think it would be best that these officers might be either 1st or 2nd lieutenants.
Mr. KIRKWOOD. In the organization of our infantry regiments in the volunteer service we had an adjutant and a quartermaster; we had no cominissary at all; and the adjutant and quartermaster had to be taken from the line officers of the regiment. My inquiry to the chairman of the committee is, why in time of peace we need a regimental commissnry, when we did not need it in the field? Why should the regimental quartermastei be an extra lieutenant in time of peace, when we knew that when the regiments were in the field that officer was taken from the line? In other words, why is it necessary to have more officers for the organization of a regiment in time of peace than in time of war? Mr. WILSON. This is the organization now in the regular Army. This is simply followin the regular Army organization; and it receive the sanction of very eminent officers who have examined the subject.
Mr. KIRKWOOD. That was not our volunteer organization.
Mr. WILSON. No, but it is the organization of the regular Army. The amendment was agreed to.
Mr. WILSON. On the 7th page, in section 14, line 2, I move to insert after the word “storekeepers ” the words “ in the quar termasters Dept, ” so that the section will read: That the number of military1 storckeepersin the quartermuslers Dept 5 all hereafter be as many as shall be required.not exceeding 16.8:0. That is the number now in service.
Mr. POMEROY. I desire to call the attention of the Senator to a proOsition that was submitted to the Senate at the last session in relation to those military storekcepers, and which was reported upon by the committee, but not acted upon. This section as it now stands provides “that the number of military store eepers shall not exceed 16, with the same compensation as is now provided by law.” The suggestion I make is, that inasmuchas there is some doubt as to what the law is, that in lieu of the words, “same compensation as is now provided by law, ” we insert the words “the rank, pay, and emoluments of a catain of cavalry. That is what it is new. hat would not increase their pay. This bill does not state what their pay is, and there is some discrepancy in the law about it. Some seem to have more, and some less.
Mr. WILSON. I think the Senator is very much mistaken in regard to that. These very officers are now here and desire to have commissions in the service.
Mr. POMEROY. Is there any reason why they should not have them?
Mr. WILSON. This only keeps them just as they are; it does not increase them any. The insertion of the words that I have moved is simply to supply a real defect in the section, because it was intended to apply solely to the quartennasters Dept. Iehave medical storekee rs also.
Mr. POll EROY. My attention has been called to a letter from General Mcigs in which he recommends the very thing which I have pro0sed. hIi. WILSON. We want to take up that very seriously for consideration. I doubt very much whether it is worth while to increase any more than we can hel now.
Mr. POMEROY. understand it does not increase the pay at all.
Mr. WILSON. I think we had better let the bill stand as it is and look into that matter hereafter.
Mr. GRIMES. It makes this difference: the officers that are to be appointed into the Army properare generally young men, healthy men, men who can perform the duties of their position. These storekecpers are generally tolerahly antiquated gentlemen; those that I have seen are and in file course of 2 or 3 years they will go on the retired list. if you give them a commission, and we shall have to support them in that condition on the retired list, which we should not be compelled to do if they were regarded as civil officers.
Mr. POMEROY. I do not understand that they are regarded as civil officers now.
Mr. GRIMES. They are not military officers until they are commissioned as military officers under the authority of law.
Mr. WILSON. I hope the Senfrom Kansas will let that proposition pass over for the present, and we will look into the recommendation of general Meigs in regard to that subject. There have been petitions and one thing and another sent here on the subject.
Mr. POMEROY. I had supposed that it was in the bill until this moment. I hope the Senate will take the question up and settle it. We had it u once or twice last year without disosing o it, and I would like to have it settle now in this bill.
The President prolempme. The question is on the amendment proposed by the Senfrom Massachusetts to insert the words “in the quartermasters Dept” after the word “ storekeepers, ” in the 2nd line of the 14thsection. The amendment was agreed to.
Mr. WILSON. In section 16, line 2, after the word “ Dept" I move to amend by inserting the words “ of the Army, " so that it will read: The subsistence Dept of the Army shall hereafterconsist.kc. The amendment was agreed to.
Mr. WILSON. I now move, in section 18, line 14, after the word f selection, " to insert the words “upon competitive exami nation, ” so that it Will read: and 2/3rds of the vacancies herebycreated in the gradesOfsumcon and asst surgeonshall be selectedupon competitive examination fromsmog: the personswho have servedas staff and regimen surgeons.&c. The amendment was agreed to.
Mr. WILSON. At the close of section 18 I move to add these words: and the SecyWar he and he is licrchv. authorized to appoint from the enlisted men of the Army, or cause to he enlisted. as many competent hospital stewards as the sermon may require. to be permanently attached to the medical Dept. 1866. nder such reirulationl asmay be prescribed by the SecyWar.
Mr. MCDOUGALL. I desire not to object, but only to state that the SecyWar is a mere secretary, and a secretary is a clerk, and he cannot “ prescribe" rules. That is all I care to say. The amendment was agreed to.
Mr. WILSON. I move to amend the bill by inserting as a new section, after the 20 9th section, the following: Abife:, That the POTUS is herebyauthorized to employ in the Territoriesand Indian country a.forceof Indians, not to exceed 1000. to act as scouts, who lhall receivethe ay and allowancesof cavalry soldiers and be discurgedwheneverthe necessityfor their further employmentis abated, or at the discretion of the Deptcommander. I am not particular about putting this amend.ment on the present bill if there is any objection to it.
Mr. CONNESS. I should like to have it explained, if it is to be adopted.
Mr. WILSON. I have a letter from GenlSherman strongly recommendin it, and it is also indorsed very strongly by general Grant and the SecyWar as a thing that would be of rent advuuta e and a saving to the country. If anybody objects to its going on the regular Army bill, I will withdraw it and bring it in as a separate proposition.
Mr. CONNESS. I have no objection to its being placed on this bill if it is to be adopted at a
Mr. GRIMES. I would object to putting on a bill to increase and fix the military pence establishment of the U.S. a proposition authorizing the employment of Indians, which must certainly be tempory in its character, or I should trust so. Let it be brought in as a separate proposition.
Mr. CONNESS. The explanation given by the chairman of the committee that it is recommended by Generals Grant and Sherman and by the SecyWar
Mr. GRIMES. They do not recommend that it be placed upon this bill.
Mr. CONNESS. I will address myself to that in one instant. The Senfrom Iowa must know that if it is a proposition that ought to be adopted there would be a great deal of difficulty in getting it through in a separate bill. Bills of that kind can scarcely ever e passed; and if it is a proposition thatought to be adopted, the value of it is in getting it adopted at once. I think if it is to be passed at all it may as well be added to this bill. Though it may sound incongruous, it is the only way you can get it. You could not pass it probably as a separate proesition. h
Mr. MCDOUGALL. Having had occasion to be among the Kiowas, the Arapahocs, the Camanches, the Oneidas, and other Indians, I can say this from my own observation: there are a body of Indians who are attached to this country; there are a great many Indians hostile to it; and the employment of 1,000 Indians on the frontier by this Government would be agreat economy. GenlGrant knows it; I know it. The amendment was agreed to.
Mr. WILSON. I repose further to amend the bill by adding the following as an additional section: and be“ Abife: That the section 35 of the nMatt io0n!allllll( forces An, act forenrollingand calling out and for other purposes"approved March 3, l 863 prohibiting the paymento extra duty pay to enlisted menof the Army, be and thesame is ereby, repealed.
Mr. GRIMES. I move to amend the amendment by adding at the end of it: Arid the provisions of the original act and the authority to grant extra payareherebyextendedto the enlisted men in the Navy of the U.S.
Mr. HARRIS. How will the amendment of the Senfrom Massachusetts read if it is amended in that way.
The Secretary read, as follows: Abife: That section35 of me uul unfltl enact for enrolling and calling out the ilJllOHlll lorces and for otherpurposes." approved lllmh 3. 1863. prohibiting the payment of extra duty pay to enlisted men of the Army. be, and the same is creby. repealed; and the provisions of the original act iind the authority to grant extra pay are hereby osxtended to the enlisted men in the Navy of the U.S.
Mr. FESSENDEN. I should like to have some explanation of that. How much money will it probably take?
Mr. WILSON. By the 35th section of the act referred to in the amendment, soldiers were not allowed toreceive any extracom ensation for any extra duty they performed. y the old Rules and Regulation of the Army 25 cents perday was paid to enlisted men when they were assi ned to extra duty. That duty was often very aborious, and sometimes very destructive to their clothing. This ropposition will allow extra pay to the enliste men of the Army who are detailed for certain purposes. It is said by Army officers that the men are very often detailed so that their clothing is worn out. very fast and it imposes a great burden upon them. Theyonce received 25 cents a day when so detailed for this laborious kind of work. This bill proposes to repeal the section of the act of 1863forbidding that allowance, so that itthey are detailed for extra dutv they may receive this compensation.
Mr. FESSENDEN. I should like to know if it is to be retrospective.
Mr. WILSON. No; it is to apply to the reular Army hereafter. Mr. FESSENDEN. It does not apply to labor heretofore performed?
Mr. GRIMES. In addition to what the Senfrom Massachusetts has said, I will state that I have known cases where troops have been sent out on the frontier to build a fort. There was no provision and no contract made, by the Government for the erection of a fort, but the troops were required to build it, and they received this small compensation of 25 cents a day, or whatever was allowed, in addition to the compensationv they were receiving monthly from the Government, which seemed to be fair, and I believe it was found to be an advantage to the Government that such a compensation should be allowed. I ha intended to offer the amendment I new propose, as a separate section to a ply to a few cases that occur in the Navy. fake, for example, the Niival Academy. There are some 150 or 200 seamen there. Some of them are skillful mechanics and they can be employed to advantage outside of the regular duties that they are required to perform as sailors, which only take up a portion of their time, in these varions mechanics pursuits which are necessary to the Government to be performed, and which they would be required to hire outside persons to perform if they do not allow this small compensation. I have offered the amendment at the suggestion of Admiral Porter, who desired such a provision to be made.
Mr. NESMITH. The amendment offered by the Senfrom Massachusetts is not only eminently just to the soldiers, but I think it will result in a very great saving to the government. Where detachments of troops are sent to the frontier itoften occurs that they are compelled to erect their own quarters and sta bles and perform other labor which does not legitimaterly belong to the duties of a soldier. In those places those men very readily volunteer to perform that service for a slight additional compensation, 25 cents a day, and it is performed in places where to hire citizens to of the labor would generally cost 2, 3, or 5 dollars it day. It will result in a very rent saving to the Government in that way. esides, the soldiers, being men accustomed to labor all their lives, preter to be employed in erecting buildings or in some active employment of that kind. While so employed they are usually relieved from guard duty, and they are not paid this extra compensation unless they nre employed, I think, for a month. When they are employed for a month or forp certain number of days I am not able to state the exact number now they get this extra duty pay. While the compensation is very small it is satisfactory to them and remunerates them for the wear and tear of their clothing and for the tools for which they become responsible to the quartermasters Dept while they are performing that duty. As to the application of it to the Navy I do not know much about that; but I dare say, as the Senfrom Iowa states, there is necessity for it there. I hope the amendment of the Senfrom Iowa will be adopted, and that then the original proposition as amended will become a part of this bill. The amendment to the amendment we! agreed to. The amendment as amended was adopted.
Mr. WILSON. I believe I have no more amendments to offer at present.
Mr. NESMITH. I offer the following amendmentz to come in at the end of the bill as an additional section: Abife: That all officerswho have soel rtvheed U.S. be nlnlidownhaoshave volunteer bns.ionrtwhehaorhmeirces siieftrevriicnea, y be honorably mustered out of the volunteer shall be entitled to beartheollicial title and tUhPeOhHigOhCcCstRgSrIaOd HoeSftcheeremhaovneyh.teolwdebayr h 3 vucntio from the commission in the volunteer service: in the caseof o the ers ot the regular Army the volunteer rank shall be enteredupon the Army Register: Provided, That these privileges shall not entitle any officer to commnnd.pay, or emoluments. The amendment was agreed to.
Mr. POMERO. I do not know that I want to object to this amendment, but I think the officers who commanded colored troops have been subjected to such peculiarlihrdships, many of them when taken prisoners being hardly allowed quarters, that there are some reasons perhaps why we should give them some advaii tages over those who have served as of the ersin white regiments. I do not like tOlnSlSlEiplm it, but I think the bill was drawn With than ea
Mr. FFJSSENDEN. That can be conflldeled just as well by the Dept as by un1380L
Mr. POMEROY. I am willing, of course, to leave anything to the discretion of the SecyWar or the President, but I thought it was nite a good provision as it stood.
Mr. McDOUGALL. I desire to amend the amendment by strikin out in line 14 of the 4th section, in that part of the section which is proposed to be stricken out, the words “eightr iiuents to be composed of colored men, to e officered by officers of colored troops, ” so that the clause will read: and who have served 2 cars during the war and who have been distinguished [or capacity and good conduct in the field. In offering this amendment, I am only exressing a thought. I do not know, as does the Senfrom Ohio, [Mr. Wang} who is gifted by God; I can only think; but wish to express my thought that the people of my country are able to maintain themselves, and, do not need to be maintained by an inferior race. When this is well thought:1 out and carefully, considered, it will be the judgment of us all. Soldiers are men of arms, as are their officers and commanders. They must belong to the rulin forces, and should not belong to the inferior forces. all men who have read history should have learned, and where it has not been learned, there is ignorance. I do not care to say all I think, for it would be thought by some unkind, and I do not care to be unkind; I would rather be generous; but this undertaking to place a lower, inferior, different race upon a level with the white mans race, in arms, is against the laws that lie at the foundation of true republic anism. I ask for the yeas&nays upon the amendment to the amendment. The ens&nays were not ordered.
Mr. FESSENDEN. How will it read if it is amended in that way?
The SECRLTARY. It is proposed to strike out in the 14thline of the 4th section the words, “eight regiments to be composed of colored men, to be officer ed by officers of colored troops, " so that the clause will read: Who have served two yearsduring the war, and who have beendistinguishedful capacity and goodeonduct in the field.
Mr. FESSENDEN. That strikes out the colored troops alto ther.
Mr. MCDUUGA L. Yes, sir, it strikes out the negro proposition.
The President protempore. The question is on the amendment to the amendment.
Mr. MCDOUGALL. I called for the yeas and na s, and I believe they were ordered.
The PRESIDENT protempore, The yoga&nays were refused by the Senate, the Chair decided. The Chair saw but 3 persons rise to 2nd the call, and that was not one 5th of those present. The amendment to the amendment was rejected.
Mr. HARRIS. I propose to amend the amendment of the Senfrom Maine so as to retain the proviso at the end of the section.
Mr. FESSENDEN. I have no objection to that, if it is thought desirable. It struck me that it was hardly worth while to retain it.
The President protempera. The Senfrom Maine accepts the amendment suggested by the Senfrom NewYork, and it stands as a part of the proposed amendment. The amendment as modilied was agreed to.
Mr. GRIMES. I should like to know if the proviso is retained. The PRESlDENT protempore. The Chair understood the Senfrom Maine to accept that as a part of his amendment.
Mr. FESSENI)EN. I have one moreamendment to offer. It is to add the following additional proviso to the 4th section: and mmffbdfuflher, That in the selectionof oth cors as provided for in this section officersof the rag uliir Army who have commanded volunteer troops may be accountedas oflir crsof volunteers. The amendment was agreed to.
Mr. GIllMlQS. I now move to strike. out the proviso at the and of the 4th section that These are simple rules that r was not stricken out by the amendment of the Senfrom Maine: Provided, That romotionsin theooloredregiments hereby nllthnlllotrslllll. be confined to the regiment! of that corps. I understand that the purpose of the Senfrom Maine was to allow the officers in each of the different branches of the Army, the general volunteer service, the negro service, and the Reserve corps to stand upon a perfect equality; that the otheers under this bill might be selected from anyone of those different branches of the public service, provided, I suppose, that they pass the necessary examination and have performed the requisite service in the field eretofore. I do not know any good reason why we should specially say that the promotions in the colored regiments shall be confined solely to the men in those regiments. Is it intended, I will inquire of the chairman of the ComMilAffrs, that these promotions in the colored regiments shall continue above the rank of captain 3 Is it intended that the moors, lieutenant coloncls, and coloucls shall O promoted among the colored regiments as the officers of artillery are at this time promoted, or as officers in the cavalry service are? Why not let an officer, when he reaches the grade of major, if he is entitled to promotion and has heretofore been serving in a white regiment, take command of auAfrican regiment; or if he has been serving in anAfrican reginient and is entitled to promotion, why not let him be transferred to a white regiment? Is there any good reason for it? I have not heard of any, and I therefore propose to strike out the proviso .
Mr. WILSON. I have certainl no objection to striking out this proviso. he original bill provided that the officers to be appointed for these cight regiments should beselected from the colored rements, but subsequently this proviso was aded. We have now amended and extended it so that the officers may be selected from volunteer officers who have served in other regiments, and never served in colored regiments at all; and as we have opened it to every body, I am willing to strike off this revise, and put these regiments precisely on a same footing throughout. Mr. HARltIS. I am not satisfied to have that proviso stricken out. I think it will be injurious to the Army. I have no objection to the amendment that has been preposed by the Senfrom Maine; indeedl am in favor ofit; but the etfect of striking out thisproviso, if I understand it, will bethis: an officer, acaptain, if you please, comes to be the senior captain, and is entitled to promotion to a majority. A vacancy occurs in a colored reiment. This proviso compels him to accept the Office of major in a colored regiment against his will, it may be ainst his in clination. He is obliged to do t at, or leave the service alto ether. I am not in favor of compelling an o cer to make the election either to resign or serve in a.colored regiment. If I understand the effect of the amendment to strike out this proviso, it will be precisely that. It will drive officers to serve in colored regiments, if the vacancy happens to be there, or leave the service. I have no objection that any officer should serve in a colored regiment if he leases to do so, but many feel disinclined to do that, and I do not feel disposed to drive them to the alternative of either doing that or leaving the Army.
Mr. GltlMES. The Senator and I are dia metrically opposed to each other on that subject. I want to compel that officer, if he is receiving and has been receiving a salary from the Government of the U.S. during a series of years, and is entitled to promotion in the regular order of romotiou, and is not willing to be transferre from the command of a white regiment to the command of a colored regiment, to leave the service. He has no business in the service. He is not a man to whom I would intrust the honor of the flag or the defense of the country. It is not for him to determine whether he shall command a black or a white regiment, or whether there shall be a colored regiment in the Anny or not. That is a (piestion for us to determine; and when he says lewill not take command of a colored regiment, ifwc put him in charge of it, he is no longer fit to be an officer of the Army of the U.S., and ought to be turned out. We have heard a great deal about “ etrifying" in the Constitution a recognition of the existence of slavery or the existence of a distinction of color. 1 do not want to petrify into a law to fix and establish the regular Army of the U.S. such a discrimination as this is against colored men who serve in the Army. I say that a man is not fit to be an officer in the Army, who, when he has served through the various grades of lieutenant and captain and becomes entitled to promotion, is unwilling to take command of colored troops, when he is directed by the SecyWar and by the laws of the U.S. to do so.
Mr. Mcl)OUGALL. The Senfrom Iowa and myself are of a very different opinion. It would not do for anyone who bears my name, either of the masculine or feminine ender, to take command of negro troops. They have been fighting in this war. They fought in wars long before. I would not allow anyone of my kin red over whom I have an portion of an tbority to do it. It is well for those who believe thus to say so; but look out for the long result. The amendment was agreed to.
Mr. FESSENDEN. There isalittle obscurity in the amendment that I offered a few moments ago as an additional proviso to the 4th section. partment to consider the regular O cars who adserved in the volunteers as volunteer officers, but to give them the choice, to take them either way. The amendment does not effect my purpose. I move to add to the end of that. amendment the words “or as officers of the regular Army, ” so that it will read: and providedfurther. That in the election of odi cers, as provided for in this section, officers of the regular Army who havecommandedvolunteer troops may be accountedas officersof volunteers, or as oth cers of the resular Army.
The President protempore. That mod ification of the amendment will be made if there be no objection.
Mr. WILSON. I desire to suggest an amendment in that section which may be made by unanimous consent. It is to insert the word “original” before the word “vacancies.”
The PRESIDENT protempore. The word so gested by the Senfrom Massachusetts wi be inserted if there be no objection.
Mr. NESMlTH. The proposition submitted by the Senfrom Kansas, I believe, is no more than just. There are no officers who perform more responsible and more arduous duties than these military storekcepers. They are in charge of immense depots all over the country. They have to give very heavy bonds, and are responsible for the stores that are committed to their charge. They hold an amount of property that far exceeds the amount held y on ordinary captain in the quartet masters Dept. I think it is no more than just, considering their responsibilities and the amount for which they are liable, that they should have the rank, pay, and emoluments of a captain of cavalry. This subject has been presented and urged upon the Senate by petitions for the last 4 years. I have had some occasion to look into the subject, and I think the reposition is eminentlfijnst, and I trust it will be adopted.
Mr. GRIMES. If this amendment is to be adopted I suggest that there ought to be a limit as to the number of these storekeepers that is to be created.
Mr. GRIMES. I understand the language is that the SecyWar shall appoint as many as he supposes are required.
Mr. POMEROY. Not exceeding 16. It is limited to that number. The amendment was agreed to.
Mr. MCDOUGALL. This is a subject that has occupied my thoughts for many years. I think the reposition of the Senfrom Ohio is just on right. We undertook in some of our co cges and academics to educate young men to arms; butwithout. the aid of the Government, who have the charge of arms, they have always failed except in the South prior to the rebellion. That is a fact as patent and known to all in formed men. We have needed this instruction, and all men conversant with the business of the Government know that the Government can detail in time of peace officers for this purpose, who will not be any additional charge to the Government, because the Government is alreadyobligatedto support them. Iwaspleased to hear the amendment and I trust that it will be adopted.
Mr. GRIMES. Imove to amend the amendment 4by inserting the words “or professor” after the word “superintendent, ” so that it will read, “president, superintendent, or professor.”
Mr. SHERMAN. The reason why I did not insert the word “ professor” in my prosition was that I did not think the U.S. ought to contribute in this way to the support of a military school unless the o the er detailed should have sufficient power over it to give it a quasi military character. A mere professor would have no control over the institution. I have no objection to it except that I do not think these o the ers ought to be detailed for schools unless the schools are willing to give them some kind of supervision or control over their institutions, so as to give them aquasi military character. However, if the Senate think that an officer ought to be detailed to not as n more professor, I have no objection to it. It will promote the object I have in view in either way; but I think when the U.S. furnishes an officer to an institution, it ought to give to that institution a military character. In the State of Ohio we have probably 20 or 30 colleges or Universities that have more than 100 students attending them, and I have no doubt one or 2 of these institutions would be glad to take an officer designated by the Government as a military superinten ent or President, and thus give it a quasi military ( linr lacter, because a superintendent or president would give tone and character to the whole institution and would naturally convert it into a quasi military institution, while a mere professor would have no power or control over the management of the institution.
Mr. MCDOUGALL. I will inquire of the Senator whether he supposes that Harvard or Yale or any other of our high colleges would be willing to give the charge of their institution to an officer of the U.S. Army? They may be willing that a professor may be detailed there to educate their young men to arms, but they would not consent to make him president or superintendent of their institution. If you want to educate our young men in our best colleges to the use of arms, you must agree to allow the appointment of a professor and not of a president.
Mr. SHERMAN. I do not know what Har vard or any of these old established institutions would do, but I know that there are one or 2 institutions in Ohio who are very willing to have these officers who would be willing to comply with this requirement. But if the Senate are of opinion that we can afford to detail a pro fessor for this purpose, I shall make no objection.
The President protempore. As an amendment to the amendment proposed by the Senfrom Ohio, the Senfrom Iowa moves to insert the words “ or professor” alter the word “ superintendent.”
Mr. WILSON. I suppose the object of this proposition is to scatter over the country Military instruction to our young men. If the amendment proposed to it by the Senfrom Iowa is adopted, I will vote for it; but if not, I shall feel constrained to vote ainst it.
Mr. SHERMAN. I amperfect y willing that. it should be made.
Mr. WILSON. There may be very well established colleges that may desire such a professor for a time to teach their young men, and I thihk it would be an advantage, Without put tin the whole institution under the control of 8115lan officer. There maybe some new, rising institutions that would ike to have such a man at their head to make them to a great extent military schools. If the amendment. to the amendment should be adopted, I am willing to a e to the amendment.
The President proIempore. Does the Chair understand the Senfrom Ohio to be willing to adopt the amendment proposed by the Senfrom Iowa?
Mr. SHERMAN. The question may be put upon it. I am not in favor of it, but I shall not oppose it. The amendment to the amendment was agreed to. The amendment as amended was adopted.
Mr. WILSON. I desire to offer as an additional section to this bill a proposition that has been reported as a separate plll by the ComMilAffr. it is to insert after section 29 the following: Abife: That so much of the not entitled “ An. not to deline the pay rind emoluments of certain officers of the Army, and for other purposes, “approved July 17, litill, as provided that the milcmzc o officersof the Army traveling upon duty shnnld thereafter be 6 cents permile, be and the some is hereby. repealed, and the rate of mileageto be hereafter allowed to o the ers of the Army traveling upon pnbliedutyshall beten centsprrniile when transportation in kind is not furnished them by the Government.
Mr. CHANDLER. Innderstnndthatamendment restores the mileage to ten cents a mile instead of 6, as now established by law. A great many 1,000 dollars have been saved to the Government by the change in that law.
Mr. CHANDLER. I think 6 cents a mile paysvery well. I would like to have the yeasand na s upon that amendment if it is to be passed.
Mr. WILSON. I have no doubt it great deal was saved by the passage of that bill, but I think it has saved it to some extent at the expense of the officers; and especially 110W11 this time, to the few officers who will be detailed over the country to do certain (lllty Tthrows a great burden upon them. During war, while movements were goingon in the field, the Government had very often the control of the railroads as military roads, and furnished transportation to officers detailed for duty. There has been a chanve in that resect. I have no doubt myself that 6 cents ( oes not ay the officers. do not think the amountto be paid to them under this amendment would be very great now in time of peace.
Mr. CHANDLER. During the 4 years that the committee on the conduct of the war was in existence it brought a large number of Officers here from great distances, and I know that the saving in the mileave even of the witnesses we summoned must have amounted to many 1,000s of dollars. I suppose the expense of traveling now is not more than 3 cents a milepn the average; takiu steamboats, railroads, and the conveyances of the country, 3 cents a mile, I think, will cover the expense of traveling; and it seems to me, inas much us the present law has worked well and advantageous y to the Treasury for the last 4 years and saved so many 1,000s of dollars, it is not the time now to restore the old rate. I certainly hope that amendment will not be adopted, and I will ask the yeas and us s upon it itit is to pass.
Mr. FESSENDEN. I am satisfied that this amendment ought to prevail. I believe all civil Officers in the other Depts of the government are allowed ten cents a mile, as mile age, while traveling on the public service. I became satisfied in the experience and observation I had in the Treasury Dept that that was little enou h. If you take the expense of traveling on rai roads, and the expenses of living at the same time they must bear those expenses the 6 cents a mile would not pay anybody the expenses they have to incur. I understood the Senfrom Michigan to say that we allowed but 6 cents a mile to witnesses summoned by committees. I can only say that the committee on which I am now serving allows ten cents a mile, as mileage, to the witnesses summoned by us, and I am assured by our Sergeant at Arms that the ten cents a mile does not always pay the expenses of the witnesses.
Mr. CHANDLER. The witnesses before the conflhittce on the conduct of the war were generally ordered herqby the SecyWar, and therefore drew the mileage allowed at the War Dept. We did not send the Ser geant nt Arms for them.
Mr. FESSENDEN. When an Officer is allowed his transportation back and forward we do not allow anything; but when a witness is summoned and he pays his own expenses of traveling, 6 cents a mile does not pay him, nor anything near it. I became satisfied of that while I was connected with the Treasury Dept. I reduced the mileage aid to certain officers there. Ten cents a mi e had been allowed them, but I struck it down to 6, and it stood at that sum while I remained in the Dept; but I became satisfied that it was a very hard rule to up ly to officers travelin in the public service. I only satisfied my mind in relation to keeping it at 6 cents by the be licf that the fees given in other directions would make up the loss they sustained by their mile age. 1 hercfore I allowed it to stand as itwas, accordinito the rule that I made reducing it. I should e very much opposed to paying anything more for mileage than would meet the actual expenses of the Officer, but I am satisfied that 6 cents a mile does not, and cannot, cover their actual traveling expenses.
Mr. GRIMES. The railroads are all reducing their charges.
Mr. FESSENDEN. You must add to that what the officer is compelled to pay for his meals and lodging.
Mr. GRIMES. This mileage is not given to them to cover those expenses. They receive rations and commutations also.
Mr. FESSENDEN. They have nothing of Jiat sort when traveling in that Way.
Mr. GRIMES. There is another fact to be taken into consideration, and that is, the ex. difficult for a person not connocte enses of traveling are not as great now as they lieve been at any time during the war. I know that the railroads in the section of country where I reside, and I think it is so generally, have reduced their rates from 20 to 30%. Now, if these Officers could get along during the war with a mileage of 6 cents, it seems to me they could now get along quite well. I think that the average rate charged upon railroads is about 3 and a half cents a mile, and where they travel an distance, the other 2 and a half cents would be quite ample, I think, to ay the officers for all the excess of expense that they might be at during their journey over and above the amount they would be compelled to pay to the railroad companies.
Mr. MCDOUGALL. I only rise to express an opinion that is the result of my best thought. We O not ay our public servants enough. A judge of the Supreme Court cannot live in Washington upon his salary. To be able to go to his table, having a wife and no children, costs him about 2000 dollars more than his pay. It is a great disturbance now existing in our Republic, and must be corrected in some way, so that a man may be able, if he undertakes to maintain the Republic, to occupy Office without being a thief or a robber. At present a man without a fortune cannot hold high office, either military or civil, upon what is paid him by the Government. I have been in cam when the young gentlemen officers who could raw on their parents had to support the other officers by paying part of their mess bills. Itried when 1 1st came into public office to remedy that evil, and we did make some improvement. What is true about that is true abqpt all officers. But few Officers are paid we.
Mr. HENDRICKS. I wish to inquire of the chairman of the committee whether in this bill an special provision has been made for the o cers of the Vetpran Reserve co s? It is with the committee to understand all the provisions of this bill.
Mr. WILSON. I will say to the Senator that there is no provision for them in the bill.
Mr. NESMITH. The original bill did make that provision.
Mr. HENDRICKS. I understand, then, the original bill did so provide; that was my rec ollection. Why has the committee changed its opinion upon that question 7 The opinion was very deliberately expressed by the committee when the 1st bill was brought before the body that these men could be serviceably used for the country; that they could be put upon active duty and make a support for themselves, honorableand ratifyintotheir professional pride, and keep tfiem 06 the pension list. That was the judgment of the committee, for the committee reported to this body that it ought to be so. What has occurred since the report of that bill from the committee to change the judgment of the Senate upon that question? I propose to make the number ten reiments instead of 8. The Army will, under this bill, I suppose. be from 60 to 80,000 men; it will depend upon the question whether the regiments are ful or not.
Mr. NESMITH. The Senator will permit meto say that the proposition to which he alludes, I think, was contained in the original bill introduced into the Senate and referred to the committee. I do not think the committee ever sanctioned that; I think it was stricken out in the bill as reported back. That is my recollection; but the Senator speaks of it as having had the sanction of the committee, and of the committee having changed their minds on the subject.
Mr. HENDRICKS. I believe that bill came from the chairman of the committee, and I thought it was reported from the committee. I was not advise upon the particular facts. When we came to examine this bill today, I was disa pointed in not finding that provision here, and I am sure these men will feel a very deep disappointment. It is a matter that I feel an interest in, because I know many of these men, and I know them to be qualified to render good service to the country, and they have a great sensitiveness about going on the pension list. If they can serve the country, we ought to give them the opportunity to do so. It is a profession which they have now pursued for 5 years, forbiddin to some extent the other pursuits to which they were accustomed, disabled many of them from making a living in other pursuits, but competent to render valu able services in connection with the Army.
Mr. HENDRICKS. I am not attached to the form of the amendment which I have proposed. My object is to secure appointments or the men who have been disabled technically speaking, who have received wounds, but are yet able to discharge military duty. We all now that there are such cases. The Senfrom Maine speaks of these men 68 Persons; he says if they are wounded and disabled they cannot command; if they are not disabled they can make a living at home. Suppose the case, of which we see many instances, of a stiliened arm; a ball has passed through it, and the man is now in the cam. At home he cannot pursue his trade, an yet that difficulty is not in the wav of the discharge of his duties as a military officer. He may well be a lieutenant or a captain of a company, or even the colonel of a reiment, if he has a stiffened arm, a stiff ene knee, or a stiffened ankle from a wound received. We know there are many cases in which men can discharge militar duties and tore not. fit to make a living by labor. The center from Maine knows that very well. He speaks about their slight service. Has the Senfrom Maine not seen the statement of the services of the officers in the Veteran Reserve cors?
Mr. FESSENDEN. Yes, sir; I have seen it and read every word ofit; and I can find out ten to one who have a ver much stronger and a very much longer recordyin the Army, and have not been in the Veteran Reserve corps.
Mr. HENDRICKS. Very well; ilthe senator can find outside of the Veteran Reserve corps persons who are meritorious, and who have better claims, let him amend the proposition so as to include them. Give them a bear 1110t, oo.
Mr. FESSENDEN. WhetI say is, that they are included now in this hill, just as the others are; and if they are fit for service and meritorious officers, they stand their chance with the rest of the wounded officers.
Mr. HENDRICKS. I want to see a clause in this bill which will secure to them a position. in the Army. I do not want them le to de pend upon political recommendations and the chances of appointment.
Mr. FESSENDEN. Why not theyas much as others?
Mr. HENDRICKS. For the reason that they have a fixed claim; a claim rising above political considerations or any of those considerations that secure apointments in the Army and apointments to office.
Mr. HESSENDEN. I ask the Senator if they have any better claim than wounded officers who have never been in the Veteran Reserve cm)3 but went back to active service notwithstaning their wounds.
Mr. HENDRICKS. I said before that I was not attached to the proposition I have made. I said that my purpose was to secure a position in the Army to men who had been disabled in the service and were yet capable of rendering military service to the country; I dov not care whether they are in the corps or, out of the corps. I selected the corps and mentioned it in the amendment for the reason that I supposed the Dept had made the selection of the men who were most meritorious, who were best qualified to discharge the duty; but I am very well satisfied to take the clause proposed originally by the chairman of the committee and let it extend to all disabled men who are fit to command. But, sir, I was asking the Senfrom Maine if he had not read the statement of the services and the wounds of the men connected with the Veteran Reserve corps. He says be has. If he has read that, he has seen that the service of these men, very many cases, has not been the light and ifitling service which he is disposed this mornin to describe it.
Mr. FESSENDEN. I spoke of their services after the went into the Reserve cor5.
Mr. HENDRICKS. Many of these men hear one, 2, 3, and some 4 wounds upon their (persons, and yet are able to discarge the uties of command. The facts are so reported. Now, the simplequestion is, whether we ought to make their position in the Army sure, oi: on rht we to turn them over to the accidents and caninces of appointments. I am willing to modify my amendment so as to include all who are disabled. I am willin to adopt the language at the Senfrom as k sachusetts, and I shall be obliged to him if he will send me the bill containing that provision, that I may copy it and offer it as an amendment to this bill. I expected this morning to find it in this bill.
Mr. WILSON. Allow me to say to the Son ater that vI hold in my hand a papersigned by GenlSherman , General Meade, and General Thomas, in which they refer to this provision in the original bill, and say: “The only essential changeproposedin the Ar bill is to omit the Veteran Reservecorpsaltogether. This is the reason they give: "In any army. no matter what pains be taken in selecting recruits. when we come to at them into service on perisnceteacthus that nearly 30%. fail by reasonof thoordinary imperfectionsof human nature New. If 8 regiments of the tittybe taken from the invalids, or men of impaired strength.we add 15 ier cent or in all 45%. of invnlids. which is too largea proportion. In the end it is cheaperto provide directly, by way of penslons. for this class of soldiers. If the ofllcersof the Veteran Reserves have a good record and restored health. they can beappointedjust asotheroflieorsof the volunteer army. This is the statement of these officers; and it was on the strength of this statement that the ComMilAffrs made this change in the provisions of the original bill.
Mr. POMEROY. I became somewhat rec onciled to leaving the Veteran Reserve corps out, of this bill from the fact that I supposed the meritorious officers of that corps who were wounded and were ct capable of doing service would not only stand as good achance as others, but perhaps a little better, because there was perhaps an implied understanding that the Vet eran leserve corpswas to be continued, I hope the SecyWar, or whoever makes the appointments, will be particularly careful to give appointments to as many officers as possible of the Veteran Reserve corps who have the requisite qualifications named in the bill and are otherwise competent. I should feel very sorry, in mustering out the Veteran reserve cors, to muster out all the officers so that they should not have placesin the regular Army. This bill, however, must O to the HoRep yet, and the 7eteran Reserve corps will very likely have more consideration there than in the Senate. I think they will be restored there.
Mr. HENDRICKS. I propose to modify the amendment which I offere, and I now put it in this shape: At the end of line 13. section 4,insert: and ten of these regiments shall be officeredby men who have beenwoundedordisrharged from servico on account of diseasecontracted in the line of gigs. competentto discharge the duties of the posi 1 of the Senfrom Maine has said that out of these disabled officers we could notget enough to Officer ten regiments. Perhaps he meant to refer to the Veteran Reserve corps. If we can not, if it shall be found that there are not enough qualified for the positions, then of course we cannot go further than the possibilities of the case Wlll allow.
Mr. HENDRICKS. I think the Senator is probably1 mistaken. I think I am justified in saying that he is mistaken, from the fact that the Veteran Reserve corps was Officered by men who had been discharged from the service on account of wounds or sickness, and there were 25 regiments of them. I do not know whether all those regiments were officered. I think that ten regiments can be well officered by them, and I do not believe it will be detrimental to the public service. The argument of the Senator that we cannot provide for all the men who have been wounde in the service and therefore we should provide for none, I think is not entitled to force or consideration, and I was surprised that the Senator made that argument. If we cannot consist ently with the interest of the public service provide for all, we can, I think, provide for all probably misthe officers required to officer ten regiments, and that will be sou; thing. We can makethe 1 most meritorious selections, secure the bestl officers, and do an act of justice and humanity. I have done my duty upon this subject. I shall be very much gratified it the Senate will adopt this amendment and place these men securely, instead of leaving them to the accidents of appointments in the Dept.
Mr. WADE. I propose to amend the bill by inserting after the word “regiments, ” in the 3rd line of the 3rd section, the words “tvm of which shall be composed of colored men, ” so as to make 2 of the regiments of cavalry colored troops. This provision was in the bill until lately, and I think it will be found that the colored troops have done as well in the cavalry as they have anywhere else, and there is a reason that is greatly in favor of them. I am informed that while we lose greatly by desertion all the time from the white regiments on the frontier, there is scarcely anythiii of the kind among the colored troops. when you get our regiments off among the gold regions or on the frontier, there is agrent waste of white troops by desertion; but experience has shown us that there is scarcely anything of the kind among the colored troops. For this reason, and also because experience has shown that they are just as good troops as the whites, and because we want to make no distinction between the one kind and the other, I think there should be in each arm of service a certain portion of colored troops. I hope this amendment will be agreed to. The provision was reported in the original bill, and I do not know wh it has been left out of this bill.
Mr. WILSON. Iccrminly donotthink there is any objection to this reposition. It was in the original bill, as has licen stated by the Senfrom Ohio. I have no doubt that as a matter of economy, if upon no other consideration, it is worth while adopting it. Our cavalry regiments will be mostly our frontier regiment s; and while we have desertions, and have had lately since the war has been over, to the extent of 30 or 40%. from our white regiments that go on the frontiers, there are no desertions from the colored regiments stationed in Arkansas and on the frontiers, and they are the best riders in America connected with our Army. We have some colored regiments west of the Mississip pl that were raised in Kentucky, who understand the management of horses as well as any men in this country, admirable riders; and some of those regiments have been stationed in the same neighborhood with white regiments from which we have had 25 to 30%. of desertions, and we have not had a solitary case of desertion in the colored regiments. I think it is a great matter of ccouom to put some of these colored regiments into t 1Ofield in the Indian country, in the mountains, and in sections of the country where white men de sert largely and go to the mines where the temptation isvery great. These men are much more under command and are far less likely to de sert. I certainly have no objection to the amendment.
Mr. CONNESS. Do you propose to send your black men to us?
Mr. WILSON. They are so hard upon them in that section of the country that they will not run away, while white men will. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended.
Mr. SHERMAN. I should like to modify the phrascology of the amendment I offered by striking out the enacting clause of the 2nd section, so that there shall be but one section. to make it more harmonious with the bill. I move to amend the amendment I offered so as to strike out the enacting words of the 2nd section.
The President protempore. That is merely putting the 2 sections into one.
The President proIempore. That mod ification will be made if there be no objection. The amendments made as in ComWhole were concurred in.
Mr. Kill KWOOD. I move to amend section 6, 3rd line, by striking out the words “two majors” where they occur and inserting “one major.” I really do not know why we should have in a regiment of infantry in time of peace 2 majors. It is suggested to me that we have hitherto had it so. Perhaps that may be a good reason or it may not. I know that in the volunteer service during the war we had to each regiment but one major. During the entire war that has just closed each one of our volunteer infantry regiments had a single major; they went through the war with one major; they did their work in the front in actual service with one; and why a regiment should have 2 majors in time of peace I cannot understand. Perhaps the members of the committee may inform me.
Mr. KIRKWOOD. I must say that Iain not convinced that more officers are needed to command a particular rement in time of peace than in a time of war. Tcaniiot understand it. It may be because I am not familiar with Military affairs; but when a body of 1,000men are in the field in front of an enemy, it does seem to me as an iinmilitary man that they need more men to take care of and command them than they do in time of peace when there is no fighting to be done. That looks to me to be reasonable. I know in regard to the volunteer service that details are made from our volunteer regiments to go home and recruit, and yet they had but a single major to each regiment during all the time.
Mr. NESMITH. l will ask the Senatorfrorn Iowa if those details that came home to iccrlllt were not made when the regiments were very much depleted of men ., Mr. KIRKWOOD. Certainly they were de. pleted of men; and I apprehend if this bill passeswe shall find that these regiments will be depleted regiments; they will be regiments of the minimum and not the maximum number of men. I think when we have our 50 regiments, if we get them, we shall find them to be 50 regiments of the minimum number and not of the maximum. I must say, after looking over this bill, that it. appears to me more like a bill to provide for officers than to provide for men. I must be allowed to say it. I cannotgo home to my people and explain to them (although the Senfrom Oregon may be able to n so to his constituents) why we need more officers to a regiment in time of peace than we did when they were in front of the enemy. We have details from reiments. I know, to do this duty, that duty, an the other duty and we find them at a great many places other than where these men are. I am satisfied the amendment Ought to be made.
Mr. SHERMAN. My attention has not been previously called to this revision regarding 2 majors to a regiment. t seems to me that it is the whole theory of our regimental and coinpany organizations. to provide 2 substitutes for the commanding officer. Thus in a company we provide for a 1st and 2nd lieu tenant. The old lan of having 2 2nd lieutenants was a and oned long since. We provide 2 substitutes for the captain in the 1st and 2nd lieutenants; so in a regiment we provide 2 substitutes for a colonel, a lieutenant colonel and a major. 3 majors were provided for the 3battalion regiments for a very good reason; butit seems to me that when all the regiments areto be reduced down to 600 or 1000 men, it is unnecessary to provide for more than 2 contingencies, a ieutenant colonel and a major. It seems to me very hard to answer the argument stated by the Senfrom Iowa. on certainly do not want to provide for more officers in time of peace than you had during war. It may be said that officers are needed for details; but it should be remembered that the staff is very largely increased by this bill. The inspectors Dept, the quartermasters Dept, the pay Dept, and all the staff apartments are well provided for. I am therefore not disposed toadd one major to all these various regiments, 50 or 60 of them, at this time.
Mr. WILSON. I will simply say that in the ten old infantr regiments there are 2 majors to each. We have simply in this respect followed what already existed. When we made the 3battalion regiments we had 3 majors; we have 2 majors for the two bat talion regiments. It has been the rule in the Army; whether founded on good reasons I cannot say today. but I have always found this, that the more I eizamined any matter connected with the Army, I found there was a reason for it. Sometimes I did not understand the reason at 1st, but when I came to look into it and got back of iIt began to find that there was some particular reason for it.
Mr. SHERMAN. I only know this, that in the regiments with whose organization I have been familiar, the volunteer regiments, they have but one major. I did not know until this moment that in the regular Army there were 2 majors to a regiment. I cannot see any reason for it. I think it is one of those provisions that we might properly dispense with. We might change teorganization of the regular Army to conform to the organization of the volunteer army. An army organized for war would probably contain as many officers as are necessary for actual ser wce. I shall be disposed, therefore, as we are pow orgamzin the Army, if this is a feature in the regular rmy, tomake it conform to the volunteer or nization. The amendment was agreed to.
Skip Skip The bill was ordered to be engrossed for a 3rd reading, and was read the t ird tima
Mr. GRIMES. I ask for the yeas&nays on the passage of the bill. The yeas&nays were. ordered: and being taken, resultedyoas27, nays 5 ABSENT 8. So the bill was passed. HOUSE BILL Banana. The bill (H.R.No. 255) making appropriations for the construction, preservation, and repairs of certain fortifications and other works of defense for the ear endin June 30, 1867, was read twice by its title, in referred to the ComFinance. ENROLLED BILL SIGNED.
Skip Skip A message from the HoRep by Mr. W. K. M BHAFFY, one of its Clerks, announced that the Speaker of the HoRep had sivned an enrolled bill (H.R.No. 154) to further secure American citizens certain privileges under the treaty of Washington; and it was thereupon signed by The President protempore. RECONSTRUCTION COMMITTEES REPORTS.
Mr. ANTHONY submitted the following resolution; which was referred to the ComPrintg: RnoIm d. That 10,000 copies of the reports of the JtComReconstruction, with the accompanying evidence, be printed for the useof the Senate. ADMISSION OF COLORADO.
Mr. WILSON. I rise for the purpose of entering a mtRtv the bill for the admission of Colorado was rejected. I do not. wish to press the motion now.
The President protemporc. The motion will be entered. N AVAL APPROPRIATION BILL.
Mr. FESSENDEN. I desire to give notice to the Senate that if there be no particular objection I shall ask the Senate tomorrow at one oclock to take up the naval appropriation bill. I shall not move to make it the special order for that hour, but simply give notice that I shall then ask the Senate to take it up. COURT OF CLAIMS.
The President protempore. The bill (S.No.33) in relation to the ourt of Claims, has been returned from the HoRep with ail amendment. It will be referred to the ComJudiciary, if there be no objection.
Mr. TRUM ULL. It is not necessary to refer it. The amendment of the House simply directs the clerk of the Court of Claims to report their decisions to the executive officers of the Government. There can be no objection to it, I am sure. I move that we proceed to consider it at this time and that we agree to the amendment of the House.
Mr. JOHNSON. I ask to have that amendment read:
The Secretary read the amendment, which was to add to the bill SEC. 3. Abife: That at the and of every term of the Court of Claims the clerk of said court transmit a copy of the decisions thereof to the headsof Depts, to the Solicitor. Comptroller: and Auditorsof the Treasury to the ComrGLO andof Indian Affairs mnd the chiefs ofbureaus, and to other officers chargedwith adustmgclaims against the U.S. “he amendment was concurred in. BOUNDARIES OF NEVADA.