Mr. SPALDING. I would suggest that it might be well to hear some other gentlemen on that subject.
Mr. RAYMOND. I merely throw out my suggestion with the notification that if allowed the opportunity I shall offer the motion I have indicated.
Mr. BOUTWELL. Will the Gentfrom NewYork yield to me a moment?
Mr. RAYMOND. I would do so with pleas ure, but I have been trespassing upon the court esy of the Gentfrom Indiana, {Mr. NIB LAck, who yielded me a few moments to the proposition state I desire to submit.
The SPEAKER. If there be no objection, the Chair will regard the Gentfrom NewYork as holding the floor in his own right, and the gentleman. Indiana will be entitled to his hour without deduction. There was no objection.
Mr. RAYMOND. I yield, then, with pleas ure to the Gentfrom Massachusetts, {Mr. Boutwell.]
Mr. RAYMOND. Mr. Speaker, I am quite willing to concede for the sake of the Present argument the correctness of everything the Gentfrom Massachusetts [Mr. Boutwell] has said; and my reply to it is that not one solitary thing which he has proposed can be done under the state of things now existing or under any state of things which the proposition now before the House will bring about.
Mr. WILSON, of Iowa. Permit me to ask the gentleman
Mr. RAYMOND. I cannot yield now; the gentleman must excuse me.
Mr. WILSON, of Iowa. I was merely going to ask why nothing, which the Gentfrom Massachusetts has proposed can be done.
Mr. RAY MOND. am going to tell the gentleman why. There was no need for him to ask me the question. Sir, there is not a single suggestion which the Gentfrom Massachusetts has made, there is not a single proposition he has put forward as necessary to be adopted by this Government that does not involve the exercise of doubtful powers. He has said that it is absolutely necessary to remove the rebel des potism at the South, and he intimated it was equally necessary to remove the obstacles to our action which exists elsewhere.
Mr. BOUTWELL. The gentleman has misunderstood me. I made no such intimation.
Mr. SHELLABARGER. The gentleman has inquired where that bill is. I take pleasure in answering that so far as one of the States is concerned one committee of the House has had charge of that subject matter, and if permitted by the House will report on Monday a bill that will provide for that other civil organization of a government based on loyal suffrage.
Mr. RAYMOND. I am delighted to hear it. It is the 1st streak of light I have seen, the 1st intimation that we have had of anything in the form of civil government;to with this bill which devolves such extraordinary powers upon subaltern officers of the Army. I shall wait for that bill with great interest, and shall be glad to see what provisions it contains. But I suggest that we should not adopt this bill until we know what the provisions of that will be.
Mr. ELDRIDGE. I desire to ask my friend a question. I understood him to state that Congress had by no act recognized these States as States since the rebellion. I wish to inquire of my friend if in the act apportioning representation among the several States they were not recognized as States, and further, if in the apportionment the direct tax of $20,000,000 levied upon the people of the U.S. there was not a clear and unequivocal recognition by act of Congress of the existence of these States since the rebellion?
Mr. DUMONT. Will my colleague yield for a question?
Mr. DUMONT. The SCOTUS, in the decision referred to, say: No hostile foot has ever pressed the soil of Indiana.” I wish to inquire if my colleague, in commenting foon that decision and agreeing with the majority, agrees with them in the assertion of that as a fact? Is it true in point of fact that no hostile foot ever pressed the soil of Indiana? Is not my colleague aware that a bill has been introduced—certainly one, if not more—during the present session of Congress, providing for the adjustment of dam; ages occasioned by the raid of Morgan and other hostile troops from the rebel States into the State of Indiana, and even into the gentleman's own district 7
Mr. NIBLACK. Mr. Speaker, I have not time now, nor do not desire to go into an examination of all the arguments used by the court in the case. I concede that there were some raids into the State of Indiana in which some damage was done, but I do not attach any importance to that fact as affecting the logic of the decision.
Mr. DUMONT. I understand my collengue to concede as matter of fact that that assertion is not true.
Mr. HAWKINS. I ask to have read for the information of the House and ordered to be printed an amendment which, if an opportunity be afforded me, I propose to offer as a substitute for the pending preamble and bill.
The SPEAKER. If there be no objection, this proposed amendment will be printed. There was no objection.
Mr. KELLEY obtained the floor, and said: I understand the delegation from Kentucky desire to announce the death of their late colleague, Mr. GRIDER, and as I am not desirous of proceeding today I will yield the floor for that purpose. DEATH OF HON. HENRY GRIDER.
Mr. FINCK. Mr. Speaker, I rise to 2nd the resolutions which have been offered by the Gentfrom Kentucky. My 1st acquaintance with HENRY GRIDER commenced with the 38 h Congress, and.as that acquaintance progressed I came to respect and love him. He was a pure and honest man and a faithful public servant. He belonged to that generation of statesmen who are fasting away, a generation which closely links our history with the names of Jackson and Webster and Clay and Calhoun. He was the devoted friend and admirer of Henry Clay, and embraced the principles advocated by him, and like that great statesman, had a heart large enough and patriotic enough to cherish every section of the Republic. GRIDER was simple and unostentations in his habits and manners, most affable and genial in social life, always treating with deference the opinions of others, yet with becoming firmness and ability maintaining his own convictions of duty. He seldom, during the period I served with him in this House, engaged in its exeiting debates. I remember, however, that he spoke on 2 or 3 occasions with much force and ability, and his speeches were always marked with great sincerity and earnestness. Mr. Speaker, I am not sufficiently familiar with the early history and the many public services in the career of our departed friend to enter upon his eulogy. This has been done ably and most affectionately by the gentleman who succeeds him in this House. I have felt it a melancholy pleasure to 2nd the resolutions, and have deemed it appropriate that the t State which I in part rePresent on this floor, and which is iii.; to Kentucky by so many cherished memories in the past and by so many hopes in the future, should mingle her voice with the sonrowing voice of a sister State in the loss of one of her most devoted sons, and unite with her in paying this last tribute of respect to the memory of one of the purest and most patriotic of our departed public men.
Skip Skip The question was taken on the resolutions, and they were unanimously adopted. Thereupon (at 4 o'clock and 20 minutes p.m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. Monday, February 11, 1867. The House met at 12 o’clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of Saturday last was read and approved. BILLS ANDJtResolutionS. The SPEAKER stated as the 1st business in order the calling of the States and Terri tories for bills and JtResolutions, to be referred to the appropriate committees, and not to be brought back on a motion to reconsider, commencing with the State of Maine. AMERICAN COMMERCE.
Mr. BLAINE introduced a bill to promote the interest of American commerce and ship building; which was read a 1st and 2nd time, and referred to the ComCommerce. ROBERT ISHERWOOD.
Mr. RICE, of Maine, introduced a bill authorizing the purchase by the U.S. of the farm of the late Robert Isherwood; which was read a 1st and 2nd time, referred to the ComPubBldg and Grounds, and ordered to be printed. BREAK WATER ON BLOCK ISLAND.
Mr. DIXON submitted JtResolutions of the Legislature of the State of RhdIsland, relative to a break water on Block Island; which were ordered to be printed, and referred to the ComCommerce. NORTHERN PACIFIC RAILROAD.
Mr. WARD, of NewYork, Presented concurrent resolutions of the Legislature of the State of NewYork, in favor of granting government aid to the Northern Pacific railroad; which were referred to the ComPacificRR, and ordered to be printed. HENRY E. PECK.
Mr. WELKER introduced a JtResolution for the relief of Henry E. Peck, minister resident and consul general in Hayti; which was read a 1st and 2nd time, and referred to the ComForAffrs. MRs. RACHEL M'CLELLAND.
Mr. WELKER also introduced a bill for the relief of Mrs. Rachel McClelland; which was read a 1st and 2nd time, and referred to the ComInvalidPens. 14th ARTICLE OF THE CONSTITUTION.
Mr. ECKLEY Presented the JtResolutions of the Legislature of the State of Ohio, ratifying the 14th article of the Constitution of the U.S., proposed by the 1st session of the 39th Congress; which were referred to the ComJudiciary, and ordered to be printed.
Mr. DELANO introduced a bill declaring the ratification of the 14th article of the Constitution of the U.S., proposed by the 1st session of the 39th Congress; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed.
Mr. DELANO. I ask that the committee have leave to report at any time. Messrs. FINCK and ANCONA objected.
Mr. DELANO. Then I give notice that I shall move to suspend the rules for that purpose as soon as it is in order for me to do so. RIVER AND HARBOR IMPROVEMENTS. M.r. E"GG.LESTON introduced a bill making for the repair, Preservation, and completion of certain public works here tofore commenced under the authority of law, and for other purposes; which was read a 1st and 2nd time, referred to the ComCommerce, and ordered to be printed. MISS SUE MURPHY.
Mr. MAYNARD. A bill from the Senate, for the relief of Miss Sue Murphy, of Decatur, Alabama, was indefinitely postponed on the 14th of December last by a vote of this House. I ask consent of the House to take up the bill and have it referred to the ComWhole and placed upon the Private Calendar.
The SPEAKER. Under the rule the Chair cannot ask unanimous consent during the morning hour on Monday.
Mr. MAYNARD. Then I give notice that at the proper time I shall move a suspension of the rules for the purpose I have indicated. LAWS OF UTAH.
Mr. JULIAN introduced a JtResolution requiring the Legislature of the Territory of Utah to transmit a copy of their laws to Congress; which was read a 1st and 2nd time, referred to the ComTerritories, and ordered to be printed. RATIONS FOR SOLDIERS DYING IN PRISON.
Mr. GRINNELL introduced a JtResolution giving rations to the legal rePresentatives of Union soldiers dying in prison, amendatory of a JtResolution approved July 25, 1866; which was read a 1st and 2nd time, and referred to the ComMilAffrs.
Mr. GRINNELL. I ask unanimous consent that the committee have leave to report on this subject at any time. No objection was made, and leave was accordingly granted. DUTY ON WOOL.
Mr. PAINE Presented a JtResolution of the Legislature of the State of Wisconsin, in favor of an increased duty on wool; which was referred to the ComWays&Means, and ordered to be printed. FOX RIVER IMPROVEMENT.
Mr. SAWYER Presented JtResolutions of the Legislature of the State of Wisconsin, asking further appropriations to improve the entrance into Fox river from Green bay; which were referred to the ComCommerce, and ordered to be printed. REMOVAL OF INDIANS FROM WISCONSIN.
Mr. PAINE Presented JtResolutions of the Legislature of the State of Wisconsin, asking for the removal of certain Indian tribes now in that State; which were referred to the ComIndAffrs, and ordered to be printed. CALIFORNIA RAILROAD GRANTs.
Mr. BIDWELL introduced a bill for a grant of land to the State of California to aid in the construction of certain railroads in such State; which was read a 1st and 2nd time.
Mr. BIDWELL. I move that the bill be referred to the ComPacRailroad.
Mr. JULIAN. I move to amend that motion so that the bill may be referred to the ComPubLands.
Mr. BIDWELL.. I would inquire of the Gentfrom Indiana {Mr. JuliaN] if that committee will be able to report upon this subject should it be referred to them?
The SPEAKER. The Chair would state that in his opinion it is very doubtful whether either committee will again be reached in the regular call of committees.
Mr. BIDWELL. If the committee will act upon iIt am willing it should be referred to the ComPubLands.
Mr. JULIAN. It is our duty to act upon it. The bill was accordingly referred to the ComPubLands. TOWNS ON PUBLIC LANDS.
Mr. BIDWELL introduced a bill for the relief of the inhabitants of cities and towns upon the public lands; which was read a 1st and 2nd time, and referred to the ComPubLands. POST ROUTE IN WESTVIRGINIA.
Mr. WHALEY introduced a bill to establish a mail route in the State of WestVirginia; which was read a 1st and 2nd time, an referred to the comPostOffice. PRIVATE LAND CLAIMS IN NEWMEXICO.
Mr. CHAVES introduced a bill for ascertaining and settling private land claims in the Territory of NewMexico; which was read a 1st and 2nd time, referred to the ComPrivLandClms, and ordered to be printed. PUBLIC LANDS.
Mr. GOODWIN introduced a bill for the relief of inhabitants of cities and towns upon the public lands; which was read a 1st and 2nd time, and referred to the ComPubLands. ORDER OF BUSINESS.
The SPEAKER. The call of States and Territories for bills and JtResolutions being concluded, the next business during the remainder of the morning hour is the call of States for resolutions, commencing with the State of Iowa, where the call was arrested on the expiration of the morning hourlast Monday. PURCHASE OF A PICTURE.
Mr. HIGBY submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComLibrary be instructed to inquire into the expediencyof purchasing the picture of Francis B. Carpenter, of NewYork, rePresenting the 1st reading of the emancipation proclamation, and that they report by bill or Wise. other CLAIMS FROM InsurreCTIONARY STATES.
Mr. HIGBY. I ask unanimous consent to submit another resolution, which I have been requested to Present by the Gentfrom Ohio, {Mr. LAwRENCE] There being no objection, leave was granted; an
Mr. HIGBY submitted the following resolution, on which he demanded the previous question: Whereas it is alleged that a claims commission of the War Dept is now in sessionin Washington which has allowed to citizens of States lately in rebellion claims, growing out of the destriction or appropriation of or damages to property by the Army of the U.S. while, engaged in suppressing the rebellion, some of which claims have buenednerpstaaidn dinagll porfevwihouicshly, accordin in this out authority of law: Therefore, Resolved, That the ComClaims be, and are, instructed to ascertain whether suchclaims commission exists, the authority therefor; whethersaid caoumthmoriistsyionhasallowed any claim or claims without of law: whether, if so, theyhave beenpaid, and by what authority; whether any appropriation nheacsebseseanrymadetherefor, and what law, if any, maybe or proper, and that said committee report by bill or otherwise.
Mr. LAWRENCE, of Ohio. submit to the House a statement
The SPEAKER. The Gentfrom California {Mr. HIGBY] has called the previous question.
Mr. McKEE. The proper place to go to ascertain the facts on this subject is the quar termaster's dept. The QuarterMGen can furnish the House all the information that may be desired.
Mr. LAWRENCE, of Ohio. I have a statement which I send to the Clerk's desk to be read. It is from a responsible source, and will show the necessity
The SPEAKER. If the resolution gives rise toMderb. aMtec, KitEEm.ust fgorisoevetro udnedbearteththeerquulee.stion.
Mr. LAWRENCE, of Ohio. Let the statement be read.
The SPEAKER. statement being read? There was no objection.
The Clerk read as follows: "One Dr. William P. Jones, of Nashville, Presented a claim beforea “claims’ commission of the War dept for use of and damagesto property taken in 1862, for fortifications, &c. A fort or forts wereerected, and it was occupied, as claimed, until November 27, 1866. This claims commission allowed him a% agefor use of the property, teismtiemoaftietsduappopnroiptsrisautipopnosed value of $45,0 $050 at 92th15e1 Anpdropeesrttimy ating the depreciation of the at $35,000t, hey allowed him 2/3rds asdamages. 28, 33333 Total. $29, 25484 “They also found that he should bereimbursedall U.S., State, and municipal taxes, but the amount is not fixed. This was approved and confirmed by L. H. Pelouze, asst adjutant general, and referred to the engineer dept and paid by, James Everleth, one of its agents. “The question whether the payment could be credisteendt by the TahcicroduAnutidnigtoorffitcoetrhsetSoeMcorn. dECvoemrlpettrho, llwear'ss office of the Treasury Dept. A report was made that it was the established public policy of gGaosveesr, nment not to recognize and settle this class of at least for the Present, and that the only tribunal jurisdiction, Court of Claims, had been deprived of &c., and the anwdhonloeaqpupersotpiorinatbioeninsghwadib the Congress, &c., and that Everleth could not be credited, &c. This has been adopted by the 2nd Comptroller, but this does not remedy the evil. The money has been paid, and possiblycan never be restored. And shaomwewmauychthemreorisen hoatseblleinegn. aPnred cwiseilllybseimpialaidr cilnaimthse, and one even from Nashville, have been Presented to the accounting officers, and payment invariably refused.” Before the Clerk had concluded the reading of the foregoing statement, I
Mr. McKEE said: I rise to a point of order. submit that the reading of this document is in the nature of debate on the resolution and is not in order.
The SPEAKER. The Chair overrules the point of order. The House, by unanimous consent, granted leave that the statement might be read. The Gentfrom Kentucky {Mr. McKEE] probably had his attention drawn away at the moment. The Clerk concluded the reading of the statement. On 2nding the call for the previous question there were ayes 26, noes 31; no quorum voting. The SPEAKER, under the rule, ordered tellers, and appointed Mr. LAwRENCE, of Ohio, and Mr. SPALDING.
Mr. ASHLEY, of Ohio. I ask my colleague {Mr. Lawrence] to yield to me that I may offer an amendment.
The SPEAKER. The House is now dividing, no quorum having voted.
Skip Skip The House divided; and the tellers reported ayes 73, noes not counted. So The previous question was 2nded. otnogrtehses, uisniwfoirtmh I desire to Is there objection to the The main question was ordered; and under the operation there of the resolution was adopted. Mr. LAWIRENCE, of Ohio, mtRtv the resolution was adopted, on the table. agreed to. WITH Dr.AWAL OF PAPERS.
Mr. DEMING asked and obtained leave to withdraw from the files of the House the papers in relation to the claim of Mrs. Almira Thomp son, provided copies be left. PRINTING REPORT MAIL CoNTRACTs, ETC.
Mr. BOUTWELL submitted the following resolution, on which he demanded the previous question: Resolved, That the ComPrintg be instructed to report the propriety and probable cost of printing the annual report of contractsand mail service of the postoffice Dept for the year ions June 30, 1866;also the same to December31,
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. BIDWELL mtRtv the resolution was passed; on the table. agreed to. STATIONERY, ETC., FoR MEMBERs.
Mr. BIDWELL also submitted the following resolution, on which he demanded the previous question: Resolved, That the Clerk be authorized to pay the membersof this House from the State of Tennessee ftihrestusseusaslionneowfstphaepperreasnednsttCaotniognreersys allowance for the
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. BIDWELL mtRtv the resolution was passed; on the table. agreed to. Ci, AIMS AGAINST GreatBritain.
Mr. McRUER submitted the following resolution, on which he demanded the previous question: Resolved, That in the opinion of this House the Government of the U.S. should be guided in the prosecution of the claimsof its citizens against the Government of GreatBritain for depredations of the Alabama and other Anglo rebel cruisers by the same dispatch and emphasis that characterized the Government of GreatBritain rnminenthtearsiseitntglement from the capture of Mason and Slidell from the Trent.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was adopted. Mr. McRUER mtRtv the resolution was passed; on the table. agreed to. ASST STENOGRAPHEr.
Mr. WINDOM submitted the following resolution, on which he demanded the previous question: Resolved Thatt the asst stenographer appointed under resolution of the House of July 16, 1866, be coothnetirnwuiesedionrdoeffriecde during thenext Congressanduntil
Skip Skip The House divided; and there were ayes 14, noes 20; no quorum voting. The SPEARf. R, under the rules, ordered tellers; and appointed Messrs. WINDOM and ScoPIELD.
Mr. SCOFIELD. Have we the right to select officers for the next Congress? If we can do this, why not select a Speaker and a Clerk for the next House?
The SPEAKER. It is. The question was again taken; and the tellers reported no votes in the affirmative. So The previous question was not 2nded.
Mr. ANCONA rose to debate the resolution, and it went over under the rules. Is this the stenog RECONSTRUCTION.
Mr. HENDERSON submitted the following resolutions, on which he demanded the previous question. 1. Resolved.That when the people of any State or States of this Union renounce the authority of the Constitution and laws thereof, and make war upon the same, they thereby forfeit all rights and privilegestheyenjoyedundersuchConstitution and laws. 2. Resolved, That all authority to govern and control men and things within the boundaries of such State or States thereafter rightfully and properly revertsto the Governmentof the U.S. exist Renescoelvoef do, The Unaiomnoupnritm Government stosvienr tahlel States and Territories within the boundaries of the U.S. 4. Resolved, That the war lately waged against trait oSrtsatweasorngoatntiozautpiohnosld, bauntd tsousutapihno Sltdataenadutmhoariintytaiinn national authority in all its territory. 5. Resolved, That the Union has not been divided, and that it is not divisible.
Mr. LeBLOND. Imake the point of order that these resolutions under the rules go to the The Reconstruction
The SPEAKER on. Chair sustains the point of order, as the 1st resolution declares they thereby forfeit all rights and privileges they enjoyed under such Constitution and laws, ” one of which rights was rePresentation, and subjects relating to the rePresentation of the socalled confederate States are to be referred without debate. The resolutions therefore are referred to the joint select ComReconstruction. REMOVALS FROM OFFICE. The next business in order was the consideration of the following resolutions offered by Mr. DRIGGs, and which laid over under the rules: Resolved.That the SecyInterior be, and he is hereby, requested to communicate to House the following information, namely: this The numberand namesin eachof the States and Territories of all registers and receivers of land offices, Ipnlodyiaend agents, commissioners, and other persons employed in his Dept who have been removed since the adjournment of the last session of together Congress, with the namesof their successors, and the causes and reasonsin each case for such removals and appointments. 2. W. thesalaries or emoluments of persons sporeadpepeoeisnstoerdsh: have beenincreasedfrom thoseof their and if so, to what extent in eachcase and in the aggregate. The resolutions were adopted.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDonALD, its Chief Clerk, announced 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.527) to amend the postal laws, and for other purposes; An act (S.No.338) for the relief of Henry Greathouse and Samuel Kelley; An act (S.No.470) to authorize the change of a name; An act (S.No.529) to incorporate the Howard University in the DistCol; and An act. 175) to incorporate the Pharmaceutical Association of the District. The message further announced that the Senate had passed an act (H.R.No. 234) to incorporate the National Capitol Insurance Company, with amendments, in which the concurrence of the House was requested. Also, without amendment, an act (H.R.No. 183) concerning the fire dept of Washington city. EQUALITY OF SUFFRAGE. The next resolutions lying over under the rules were the following, offered by
Mr. Noell on the 4th of February: Resolved, That Governments were made for the people, and not the peoplefor the Government; that avery adult citizen of sound mind, in any State or Territory has the right to a of the constitution of said Stvaotiec, eainnd, tihne tfhoermreaptiroen sentation and laws of which disfranchises said State, and that any State class of its citizens on, ag count of sexis not republican in form and should be overturned by Resolved, That the ComDistCol is herebyinstructed to report to this House, without delay, a bill so amending an “An act entitled act to regulate the elective franchise in the DistCol, ” which passed Congress January 8, 1867, as to abolish the disfranchisement of persons from voting on account of sex. Resoised.That the comJudiciary are instructed to report a bill calling a convention and authorizing every adult citizen of soundmind in the State of Massachusetts to vote for delegates to said cfoornsvaeindt Siotnate for republican osineofform making a constitution
The SPEAKER. The mover of the resolutions not Present, the Chair recognizes the Gentfrom Wisconsin.
Mr. ELDRIDGE. Mr. Speaker, I do not desire to make a speech on this question, and I will only ask to have read a memorial which I have in my hand in lieu of any remarks which I might make, provided I wanted to make a speech.
The SPEAKER. The Gentfrom Wisconsin is entitled to the floor for one hour.
Mr. SPALDING. Then I insist that he shall read the paper himself. [Laughter]
Mr. ELDRIDGE. The gentleman shall not dictate to me about reading a speech. [Laughter] The Clerk has read the greater portion of the memorial, and all I wanted to have read. My object in Presenting it was that the distinguished ladies who sent it might have a hear. ING in this House, as no advocate of their rights was Present at the time the resolutions came up. "I am not their advocate, but as I see the Gentfrom Missouri {Mr. NoFLL] is now Present I will yield to one who will advocate their course, as he has always done by his acts and words. [Laughter]
Mr. NOELL then addressed the House, but before concluding the morning hour expired, and the resolutions went over till Monday next in the morning hour. TAX BILL.
Mr. MORRILL, from the ComWays&Means, reported a bill to amend existing laws relating to internalrevenue; which was referred to the ComWhole on the state of the Union, and ordered to be printed.
Mr. MORRILL. I move that this bill be made a special order for Wednesday evening next at 7 o'clock, and from day to day until disposed of.
Mr. MORRILL. I desire to say, in connection with the motion I have submitted, that if we expect to act on this bill and the tariff bill at this session it is indispensably necessary that we shall now order evening sessions.
Mr. SCHENCK. I desire to say that the bill for the equalization of bounties has been shoved aside week after week. I intend that its consideration shall not be further postponed in this way if I can prevent it by objecting to the making of additional special orders.
The SPEAKER. The Chair will state to the Gentfrom Ohio that this bill if made a special order will be a special order in the ComWhole; and as it cannot be considered, unless a majority decide to go into the ComWhole it cannot interfere with the bounty bill, which would be considered in the House.
Mr. SCHENCK. But a member of the ComWays&Means can at any time move to go into the ComWhole. If the bill now reported is not made a special order in ComWhole, the motion cannot be made to go into the ComWhole for its consideration.
Mr. MORRILL, I move to suspend the rules so as to make the bill a special order for Wednesday evening next at 7 o’clock, and from day to day until disposed of. On the motion there were ayes 84, noes 40. So (2/3rds voting in favor thereof) the rules were suspended; and the motion of Mr. MoRRILL was agreed to. BOSTON CUSTOMHOUSE.
Mr. HULBURD, by unanimous consent, submitted from the ComPublic Expenditures a report, with accompanying testimony, relative to the Boston customhouse; which was ordered to be printed.
Mr. PLANTS, by unanimous consent, submitted the views of a minority of the same committee on the same subject; which were ordered to be printed.
Mr. ROLLINS. I move that 2,000 extra copies of both reports be printed for the use of i. House, and 500 copies of the evidence. The SPEAKER, That motion goes to the ComPrintg under the law. CYPRESS HILL CEMETERY, NewYork.
Mr. TAYLOR, of NewYork, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComAppropriat berequested to inquire into theFoof appropriating a sum sufficient to enablethe trustees of CyPress Hill Cemetery, LongIsland, NewYork, the to place head stones to the graves of soldiers buried in said cemeteryduring the war, inclosing the grounds, and erecting a suitable and appropriate monument on the same. PRINTING TAx BILL.
Mr. ANCONA, by unanimous consent, submitted the following resolution; which was referred under the fo to the ComPrintg: Resolved, That there be printed for the use of the House 1,000 copiesextra ofing the bill amend etineonrn ComWalayresvaennduMe, elaanwss, threispodratye.d from the EXPENSES OF ComJudiciary.
Mr. WILSON, of Iowa. I ask unanimous consent to offer the following resolution, which I have been instructed by the ComJudiciary to Present: Resolved, That the clerk of the hoRep be, and is hereby, directed to pay out of the contingent fund of the House, upon the order of the ComJudiciary, such sum or sums of not exceeding $10,000 in the aggregate, as may be necessary to enable the said committee to Footo the severalinvestigationscommitted to charge. its
Mr. WILSON, of Iowa. I move to suspend the rules. The SPEAKER: That cannot be done at this time, as the House is now acting under a suspension of the rules, if there be any objection. There was no objection.
Mr. ROSS. I make the point of order, that under the rules it must go to the ComWhole on the state of the Union.
The SPEAKER. That can be suspended as well as other rules. The resolution was adopted.
Mr. WILSON, of Iowa, mtRtv the resolution was passed; and also moved that the motion to feconsider be laid on the table. agreed to. NewOrleans RIOT.
Mr. ELIOT. I move that the rules be suspended in order to permit me to submit a report from the select Committee on the NewOrleans Riots, accompanied by a bill, on which I shall ask action at this time. The motion was agreed to.
Mr. ELIOT then, from the select Committee on the NewOrleans Riot, submitted the evidence taken by the authority of the House, together with the report of the majority thereon; and moved that they be laid on the table an ordered to be printed. The motion was agreed to.
Mr. BOYER, by unanimous consent, from the same committee, submitted the views of the minority; and moved that they be laid on the table, and ordered to be printed with the majority report. The motion was agreed to.
Mr. ELIOT, by unanimous consent, submitted the following resolution; which, under the law, was referred to the JtComPrintg: reRpeosrtosl, ved.That 20,000 extra copies of the and 10,000 of the evidence taken by the Committee on the NewOrleans Riot be o for the use of the members of the HoRep. CIVIL GOVERNMENT IN LOUISIANA.
Mr. LeBLOND., Mr. Speaker, I was not in my seat when this bill was introduced. I understand the rules were suspended to allow its introduction.
Mr. LeBLOND. Then I raise the question that this House cannot suspend a joint rule of the 2 Houses. I understand the resolution establishing this committee is a JtResolution, and that it requires the concurrence of the Senate to suspend the rule by which these matters are referred to the committee.
The SPEAKER. The Chair will state that the fact is otherwise; it is a rule of the House only. The Chair will state the history of the case. On the 1st day of the 1st session of this, Congress the Gentfrom Pennsylvania {Mr. STEvens] offered a resolution for the appointment of aJtCom on reconstruction. Thatresolution provided, among other things, that all matters relating to representation of the socalled confederate States, when Presented, should be referred by both branches of Congress to debate. When the restohlautticoonmmciatmteee without to the Senate that body refused to concur in that part of it. The Senate has never referred these matters to the JtCommee there, but has laid them on the table. Afterward, on motion of the Gentfrom Iowa, {Mr. wilson] it was resolved that all papers relating to rePresentation in the socalled confederate States of America should be referred to the JtCom on Reconstruction without ebate. It is therefore a rule of the House alone, and not a joint rule.
Mr. LeBLOND. Since the Chair speaks of iIt now remember it. I wish now to inquire of the Gentfrom . Massachusetts {Mr. ELIoT] whether this bill comes into the House for action at this time.
Mr. ELIOT. In reply to that inquiry I will state that it is not the desire of the committee to do that if the bill can be retained in such a way as to secure the action of the House upon it in the course of tomorrow. We desire to have debate upon it sufficient to satisfy the gentleman in regard to its merits and have the bill seasonably passed. I do not want to run the risk of not having the bill acted upon and passed in time to become a law. It is of course undesirable that a bill of this fiature should be even discussed before it has been put in such a shape that gentlemen can make themselves acquainted with its provisions, and I hope there will be no objection from any quarter that such delay can be had, and such resumption of it made as to enable gentlemen to become familiar with the details of the bill, and yet enable us to pass it in season to go to the other branch and be acted on there.
Mr. BINGHAM. I beg leave to suggest to the gentleman to put his proposition in this way: that his bill be taken up and considered by general consent after the pending business before the House from the ComReconstruction shall have been disposed of.
Mr. ELIOT. If I should agree to that I will inquire of the Chair what would be the effect so far as the business of the House is concerned?
The SPEAKER. The Chair will state the condition of the business of the House. It is nominally engaged at Present in the consideration of the bill reported last December by the Gentfrom Pennsylvania {Mr. WILLIAMs] in regard to the tenure of office, which the House resolved to debate under the 5 minute rule. While that was pending the House authorized the JtCom on Retrenchment to report a bill in regard to the civil service. The Gentfrom Ohio {Mr. SchENck] was also authorized by unanimous consent to report a bounty bill, which comes up when the civil service bill is disposed of unless interfered with by other business which has priority. The ComJudiciary was also authorized to report an indemnity bill, which was ordered to come up as soon as the other pending matters were disposed of. While they were all pending the JtCom on reconstruction, which is authorized to report at any time, reported a bill which is also pending. With all these bills pending, the Gentfrom Massachusetts {Mr. Eliot] has reported this bill this morning, and it is now before the House. So the House has a variety of business before it, and it is as much as the Speaker can do to keep the run of it.
Mr. BOYER. Will the Gentfrom Massachusetts {Mr. ELIOT] allow me to make a suggestion?
Mr. ELIOT. It is perfectly manifest that if the wishes of the Gentfrom Pennsylvania {Mr. Boy ERJ should be complied with, or his suggestion adopted, this i.go over indefinitely and beyond the Present Congress. We understand very well that that gentleman does prefer that matters in Louisiana should remain as they are. I was in hopes that some suggestion would be made to relieve the committee from the difficulty in which they were placed.
Mr. BINGHAM. Will the gentleman allow me to make another suggestion?
Mr. ELIOT. Will the gentleman allow me 1st to reply to the suggestion of the Gentfrom Pennsylvania, {Mr. Boy ER 7]
Mr. BINGHAM. I desire to make a sug estion to., relieve the Gentfrom the to which he has referred.
Mr. BINGHAM. I will make this suggestion to the gentleman, that he move to recommit this bill to the committee whence it came, and then enter a motion to reconsider the recommitment. And I would inquire of the Chair if that motion would not be a privileged motion that could be called up at any time?
The SPEAKER. There are now pending some 12 or 14 motions to reconsider; they are all privileged, but they cannot be called up while any other business is before the House for consideration.
Mr. BINGHAM. Then by unanimous consent give the committee leave to report at any time.
The SPEAKER. That would be no better for the accomplishment of the object which the Chair supposes the gentleman has in view. The highest privilege which the House can confer upon any subject is by giving unanimous consent to its consideration. There are already Hen.ding 3 subjects having that privilege. bill being now immediately pending is before the House for consideration and action at this time.
Mr. ELIOT. Then I do not see that there is any course of action open to the committee except to ask the House to consider and pass upon this bill now.
The SPEAKER. The only course the Chair can suggest is for the House to unanimously reconsider the unanimous consent given in relation to the other subjects, and make this bill &nterior to them. d Mr. ELIOT. Then I suggest that that be One.
Mr. SCOFIELD. I think the Gentfrom Massachusetts {Mr. ELIot] better call the previous question on this bill and put it upon its passage this morning; it is his only chance. Let him show his pluck, and call the previous question on it at once.
Mr. ELIOT. If any gentleman can make a suggestion to relieve the committee I will gladly yield to him for that purpose.
Mr. BOYER. I desire to inquire whether, if this bill were referred to the ComReconstruction that committee could not, under the rules of the House, report at any time and so give priority to the bill before the House.
The SPEAKER. As the Chair has already stated, the House has involved itself in this dilemma. Some time ago the House, by unan imous consent, authorized the ComMilAffrs to report at any time the bounty bill. That bill is now pending, to be considered whenever it shall be reached. The House also, by unanimous consent, granted to the Gentfrom Iowa {Mr. WILson] leave to report from the ComJudiciary at any time what is known as the indemnity bill. That bill has been reported and is now pending, to come up after the bounty bill. the House should now grant unanimous consent for the reporting of this bill at any time it would come in after the bounty bill and the indemnity bill. The Chair does not know any method by which the House can relieve itself.
Mr. THAYER. Why cannot this bill be postponed to a day certain 7
Mr. THAYER. Then let me suggest to the Gentfrom Massachusetts, {Mr. ELIoT] who has charge of this bill
The SPEAKER. If it should too. it would probably never be reached, because other matters would have priority, which has been given to them by unanimous consent.
Mr. THAYER. The House ought not to be asked to vote on the bill at this time, when it has not been printed and no opportunity has been afforded to examine it.
Mr. BOYER. I would ask whether it is not better that the bill should fail rather than that it should be passed when the House has no sufficient means of forming an intelligent judgment upon it?
Mr. FARNSWORTH. I ask the Gentfrom Massachusetts to yield to me.
Mr. ELIOT. Certainly, if the gentleman wishes to make a suggestion.
Mr. FARNSWORTH. As this is germane to the subject the House was considering when it adjourned on Saturday, and as that will come up I suppose the next business in order, why Cannot. bill, if the gentleman desires a vote on it, be moved as an amendment to the other one
The SPEAKER. Further amendment is not in order, as there is an amendment to an amendment pending, and gentlemen have given no tice of others they intend offering.
Mr. FARNSWORTH. The majority can vote down all the other amendments and adopt this one in their stead. There is nothing to interfere with the Gentfrom j. setts offering his bill as a substitute.
Mr. ELIOT. In reply to one suggestion made by the Gentfrom Ohio, I wish to say the bill now before the House from the Reconstruction Committee does not interfere with the provisions of the other bill also pending, nor will action on this prevent action on that. The bill from the Reconstruction Committee is a pure military bill, and if it passes today oS not interfere at all with this, except I am desirous not to have any collision, either of fact or feeling, between this bill and the other one. I do not see but the committee is constrained to go on with the discussion on this bill unless the House will adopt the suggestion I have made just now, that the bill shall be ordered to be printed and we shall have leave to call it up tomorrow in precedence of all other orders.
Mr. ELIOT. Yes, if it will throw any light on the subject.
Mr. RAYMOND. Mr. Speaker, I desire to know what action on the part of the House is necessary in order to carry out the suggestion of the Gentfrom Ohio, to have the general bill on reconstruction come in and take the place of this now before the House?. SPEAKER. By the passage of this bill, by laying it on the table, by referring it, by postponing it to a day certain, or indefinitely, or any other disposition of this bill, will then bring up the bill on reconstruction.
Mr. RAYMOND. Are we now in the morn ine he SPEAKER. The morning hour has expired. You cannot suspend the rules in the morning hour, but only after it has exired. p
Mr. SCHENCK. I suggest that the gentleman yield the floor to me to make the motion to refer the bill to the ComReconstruction, and at once to take a vote on it.
Mr. ELIOT. And that existing orders be so far suspended as to take the action 1st on this bill. [Cries of “No f’) I am contented to. to any suggestion with the understanding have stated.
Mr. SCHENCR. I want the gentleman to understand me. I am willing, for one, if we recommit to his committee, they shall have leave to report at any time; but he asks more than that; he asks all the other business of the House be set aside for this, and that I cannot consent to.
Mr. MORRILL. Mr. Speaker, I desire to suggest that if the gentleman obtains the best terms possible that is all that can be done. It must be evident, in the Present temper of the House, that if he should go on and consume an hour this morning, at the expiration of the hour it may be referred either to the ComReconstruction or to his own committee. Hence, if he accepts the suggestion of the Gentfrom NewYork, to recommit the bill with power to report at any time, it certainly seems to me it is the best proposition he can get.
Mr. ELDRIDGE. Mr. Speaker, will it be in order to move to adjourn, so that gentlemen may have a caucus on this subject?. laughter]
The SPEAKER. Not while the Gentfrom Massachusetts is on the floor.
Mr. ELIOT. if I can be allowed to report this bill at any time, in accordance with the suggestion of the Gentfrom Vermont, upon the understanding that that means just. it says, then I shall give notice that I will reportit tomorrow morning after the reading of the Journal.
The SPEAKER. The Chair will state that if any gentleman demands the regular order of business he can prevent the Gentfrom reporting it tomorrow morning.
Mr. ELIOT. It must be perfectly obvious, then, that this bill must take its chance now with the House.
Mr. CHANLER. I rise to a point of order, that the gentleman must proceed or surrender the floor.
Mr. FARNSWORTH. Will the Gentfrom Massachusetts allow me to make an inquiry of Mr. ELthIOe TC.haiYr?es, sir.
Mr. FARNswonffi. I desire to know if this should go to the JtCom on reconstruction, and a motion should be entered to reconsider, whether a majority of the House cannot at any time postpone all prior orders and take this up 7 The R. If any gentleman demands the regular order, that brings the pending business before the House. If any gentleman had demanded the regular order today at . the exof the morning hour, that would have rought up the reconstruction bill, which was made the special order by the unanimous Order of the House, and the Gentfrom Pennsylvania {Mr. KELLEY] would have been entitled to the floor.
Mr. ELIOT. I understand if the motion to recommit is made and a motion to reconsider the recommitment is entered it would then be within the power of the chairman of the committee to call the bill up for consideration at any time, unless some gentleman called for the regular order. The SPEAKER, That is so.
Mr. ELIOT. Now, if there could be an understanding that advantage should not be taken of me [Laughter] Mr. Speaker, allow me to say that the committee has reported the best bill that has yet come before the House. [Laughter] It has been drawn by more than a dozen gentlemen. [Laughter] There is no one person who can be considered responsible for it, because the brain, the heart, i. judgment of every gentleman on this floor whose efforts have been directed in this channel have been invoked and are incarnated in this bill. [Laughter] I am perfectly sure when we come to discuss it we shall agree upon a vote. I desire it shall be adopted, and to have the House in good nature when it is done. [Laughter]
Mr. BOYER. Will the gentleman allow a question?
Mr. BOYER. I desire him to inform the House whether or not his colleague on the committee rePresenting the minority was consulted with reference to the draft of this bill?
Mr. ELIOT. I take it upon myself to say that he was not. [Laughter]
Mr. ELDRIDGE. Will the gentleman allow me to ask a question?
Mr. ELIOT. If it will take but an instant.
Mr. ELDRIDGE. I wish to know how it is that a majority of this House have been able to give an opinion upon this bill before it was reported? I Presume the gentleman had not disclosed it to a majority of the House.
Mr. ELIOT. The gentleman misunderstood me. I said that this bill embodied the heart and brain of every gentleman in the House who had directed his efforts in this channel. There are bills before the House Presented by different gentlemen; they have been carefully examined and compared, and what is good has been taken from each one of them. Mr. Speaker, how much time have I left?
Mr. ELIOT. It is manifest that I must let the House judge in this matter. I have tried all the ways I know and there is but one left to me, and that is to place the matter before the House. I shall have to call the previous question. It may be voted down; if so, I shall have discharged my duty. I now call the previous question.
Mr. MAYNARD. May I ask the Chair what will be the effect of the operation of the previous question?
The SPEAKER. It will be to arrest all debate except one hour, to which the some man from Massachusetts will be entitled.
Mr. WENTWORTH. Mr. Speaker, if this bill does not pass, what will become of the loyal men of Louisiana? [Laughter]
The SPEAKER. The Chair cannot answer that question.
Skip Skip The question being put on 2nding the previous question, there were ayes 66, noes 68. Before the result of the vote was announced, Mr. ELIOT called for tellers. Tellers were ordered; and Messrs. ELIOT and Boy ER were appointed. The House again divided; and the tellers reported that there were ayes 79, noes 70. So The previous question was 2nded. The question was upon ordering the main question to be now put. Mr. BINGHAM. On that question I call for the yeas&nays. The yeas&nays were ordered. Mr Yo?. I would inquire of the Chair what would be the effect upon this bill should the House refuse to order the main question to be now put?
The SPEAKER. The effect would be to divest this bill of the operation of the previous question, the same as if the call for the previous question had not been 2nded.
Mr. BINGHAM. And in that case would it not be in order to move to commit this bill to the JtCom on Reconstruction?
Mr. PIKE. Yes; and it would then be in order to kill the bill. Mr. SPALDING. And should the main question be ordered it would be in order to pass the bill.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. MCDonALD, its Chief Clerk, informed the House that the Senate had indefinitely postponed House bills and JtResolutions of the following titles: A bill (H.R.No. 811) for the relief of certain drafted men; A bill (H.R.No. 1136) to amend the act establishing a national asylum for disabled soldiers; A JtResolution (H.R.No. 269), for the relief of certain volunteer officers; and A JtResolution (H.R.No. 272) fixing the pay of the clerks at the Springfield armory. Thenessage further informed the House that the Senate requested the return of Senate bill No. 527, to amend the postal laws, and for other purposes, which bill had been passed by the Senate and been sent to the House for its concurrence. AMENDMENT OF POSTAL LAWS. The SPEAKER, by unanimous consent, laid before the House the following message from the Senate: IN Trie SENATE of THE U.S., February 11, 1867. Ordered, That the Secretary be directed to request the HoRepto return to the Senate a bill (S.No.527)to amend the postal laws, and for other purposes, passedby the Senate and sentto the House for its concurrence. Attest: J. W. FORNEY, Necretary. By W. J. McDONALD, Chief Clerk. By unanimous consent, the Clerk was ordered to return the bill. CIVIL GOVERNMENT IN LOUISIANA AGAIN. The House resumed the consideration of the bill for the reestablishment of civil government in Louisiana. The pending question was upon ordering the main question, upon which the yeas&nays had been. Mr. ELDRIDGE. I move that the House adjourn; and upon that motion I call for the yeas and mays. Mr. SPALDING. I call for tellers upon ordering the yeas&nays. Tellers were ordered. Mr. RANDALL, of Pennsylvania. I move that when the House adjourn today it adjourn to meet on Friday next; and on that motion I call for the yeas&nays. Mr. LeBLOND. I call for tellers on or dering the yeas&nays. Tellers were ordered; and Mr. EckLEY and Mr. RANDALI, of Pennsylvania, were appointed.
Mr. MAYNARD. ". inquire of the Chair what would be the condition of business tomorrow should the House agree to adjourn at this time?
The SPEAKER. Should the House adiourn now this bill will be the 1st business in order tomorrow after the reading of the Journal.
Skip Skip The House divided; and the tellers reported that there were ayes 32; noes not counted.
The SPEAKER. More than one 5th have voted in the affirmative. The Chair will state, however, that he cannot put to the House the question upon the motion of the gentleman. Pennsylvania, {Mr. RANDALL] that when he House adjourn today it be to meet on 'riday next. The Clerk will read the clause of the Constitution relating to this subject.
The Clerk read as follows: “Neither House duri shall, without the oforo." o: more than 3 days, nor to any other place than that in which the 2 Houses shall be sitting.”
Mr. RANDALL, of Pennsylvania., I mod ify my motion so as to make it Thursday next. I will merely remark that if the Speaker had come to the knowledge of that; a little sooner it would have saved a great deal of trouble.
The SPEAKER. The Chair had knowledge of it, and stated it as soon as the time came for submitting the question to the House.
Mr. RANDALL, of Pennsylvania. I will withdraw my motion.
Mr. FARQUHAR. I move that the House now adjourn.
The SPEAKER. A motion to adjourn, made by the Gentfrom Wisconsin, {Mr. ELDRIDGE,) is now pending. Upon that question the yeas&nays were called for and tellers have been ordered upon ordering the yeas&nays. The Chair appoints the Gentfrom Ohio, Mr. SPALDING, and the Gentfrom Vermont, Mr. BAxTER, to act as tellers.
Skip Skip The House divided; and the tellers reported that there were ayes 30; noes not counted. So (the affirmative being one 5th of the last vote) the yeas&nays were ordered. The question was upon the motion to adjourn.
Mr. ELIOT. I would inquire of the Chair what would be the effect of an adjournment now?
The SPEAKER. This bill will be the 1st business in order tomorrow morning after the reading of the Journal.
Mr. ELIOT. I believe the bill has already been ordered to be printed.
Mr. ELDRIDGE. Will it be printed and laid oour desks tomorrow morning by the time the House meets?
The SPEAKER. In all probability it will.
Mr. ELDRIDGE. That was my object in moving to adjourn.
Skip Skip The question was taken; and it was decided in the negative yeas 30, nays 127, not voting 33;. So the motion to adjourn was not agreed to. During the roll call the following announcements were made:
Mr. MERCUR. I desire to state that the Gentfrom Iowa, Mr. Kasson, is absent by leave of the House on business relating to the committee of which he is a member.
Mr. DEMING. I desire to say on behalf of my colleague, Mr. BRANDEGEE, that he is W.". with the Gentfrom NewYork,
Mr. BERGEN, upon all questions relating to the subject of reconstruction. I desire also to say on behalf of the Gentfrom NewYork, Mr. GR1swold, that he is called away by imperative business. The result of the vote was announced as above recorded. The question recurred upon ordering the main question to be now put.
Mr. LeBLOND. I wish to make a suggestion for the consideration of gentlemen on the other side of the House. We are not disposed on this side to delay unnecessarily; we only desire an opportunity to be bill, heard upon this and that it shall not be passed with indecent haste at least; we wish an opportunity of reading the bill. Now, I would suggest to gentlemen on other side that this . be allowed to lie ovtheer till tomorrow morning, with universal consent; that it shall then take precedence of all other matters, and then come up for debate. Of course the bill will be printed by that time, and we can see the bill a the report upon which the bill is based. That. if give us all an opportunity to read it. I believe that all of us upon this side are willing that this bill shall take precedence of the other bills that were made special orders, and that it be taken u then and receive the usual consideration. It is for the other side to say whether they will or will not agree to that proposition.
Mr. ELIOT. Before. to the Gentfrom Ohio {Mr. LeBLoND] I desire to know whether the proposition is to have the bill acted on tomorrow?
Mr. LeBLOND, No, sir; my proposition is that the bill shall come up for debate in precedence of all other oforders; that can be done by unanimous consent. I do not propose that it shall be acted on tomorrow.
Mr. ELIOT. I suppose that action on the bill tomorrow will be under the control of the House. FThe.SPEAKER. The Chair will state the of the Gentfrom Ohio {Mr. E BLoND] to the House, and will then ask if there be any objection. The proposition is that this bill shall remain pending before the House; that the debate today shall progress upon the bill reported from the JtCom on Reconstruction; but that tomorrow debate shall commence upon the bill reported from the select Committee on the NewOrleans Riot. Is there any objection to that proposition?
Mr. WARD, of NewYork. I would inquire whether the debate upon this bii is to be unlimited?
Mr. SHELLABARGER. That matter will be under the control of the House.
Mr. WARD, of NewYork. They can fili buster tomorrow as well as now.
Mr. STEVENS. if I understand the proposition, it is that this bill shall come up for debate tomorrow. I would inquire P the previous question has not been 2nded?
The SPEAKER. It has: but if this proposition is agreed to by unanimous consent the operation of the previous question will be disensed with.
Mr. STEVENS. Then I must object to that part of the p".
Mr. ELIOT. I hope the gentleman will not object. It is very hard to ask gentlemen to vote upon this bill without any opportunity for discussion.
Mr. STEVENS. It is very hard to be incu bating here for a week or 2 and then find everything addled. [Laughter]
The SPEAKER. The Chair will state that if the o of the Gentfrom Ohio {Mr. J.E BLOND] shall be agreed to, and the Gentfrom Massachusetts {Mr. ELIoT] shall signify to the Chair tomorrow or any other day that he desires to obtain the floor in order to move the previous question on this bill, the Chair according to usage will recognize the gentleman, he having reported the i as entitled to take the floor for the purpose of closing debate.
The SPEAKER. Then the question recurs upon ordering the main question to be now put. Mr.Fo I move to reconsider the vote by which
Skip Skip The previous question was 2nded. Mr. ALLISON. I move to lay the motion to reconsider on the table. Mr. ELDRIDGE. On that motion I call for the yeas&nays. . The SPEAKER. Theyens and myscannot be ordered on the reconsideration of a motion which cannot be decided by yeas&nays. Mr. ELIQT. If the 2nding of the previous question be reconsidered will that have any effect in bringing about what the Gentfrom Ohio {Mr. LeBloxp) proposes, and what I myself desire to have done?
The SPEAKER. If the motion to reconsider shall prevail, the bill will then be before the House. debate and action.
Mr. ELIOT, I hope the Gentfrom Illinois {Mr. FARNswom TH] will not Press his motion to reconsider.
Skip Skip The question was then taken upon laying on the table the mtRtv The previous question was 2nded ; and upon a division, there were ayes 50, noes 58. Mr. ALLISON called for tellers. Tellers were ordered; and Messrs. ALLison and FARNsworth were appointed. The House divided; and the tellers reported ayes 65, noes 66. So the motion to reconsider was not laid on the table. The question then recurred on reconsidering the vote by which the previous question had been 2nded. Mr. ALLISON called for tellers. Tellers were ordered; and Messrs. SHELLABARGER and LeBLOND were appointed. The House divided; and the tellers reported ayes 64, noes 66. So the motion to reconsider was not agreed to. The SPEAKER. The question now recurs, “ shall the main question be now put?” on which the yeas&nays have been ordered. Mr. ELIOT. Before the roll call is proceeded with I desire to inquire whether I understand the proposition of the Gentfrom Ohio, {Mr. LE oI am very desirous that the House should have an opportunity to discuss this subject, but Mr. ALLISON. I object to debate. The SPEAKER. Debate is not in order pending the operation of the previous question. The question was taken on ordering the main question; and it was decided in the affirmative yeas 84, nays 59, not voting 47; So the main question was ordered. Mr. ELIOT. mtRtv I just taken; on the table. Mr. FINCK. On that motion I call for the yeas&nays. The yeas&nays were ordered.
Mr. FINCK. Is it in order to move to lay the bill on the table?
Mr. ELDRIDGE. On that motion I call for the yeas&nays.
Mr. ELIOT. I desire an opportunity to say one word before the roll is called.
Mr. BROOMALL. Is it in order to call for the reading of the bill at this time?
The SPEAKER. It is. A motion to lay on the table having been made the bill is in a different stage.
Mr. BROOMALL. I call for the reading of the bill.
Mr. ELIOT. Before the Clerk reads the bill I desire to announce that it is my purpose before the vote is taken to move an adjournment so that gentlemen may have an opportunity to read the bill.
Mr. ELDRIDGE. Why cannot the gentleman move to adjourn now, leaving the bill in its Present position?
The SPEAKER. A motion to adjourn would be in order. having priority of the motion to lay the bill on the table.
Mr. ELIOT. Mr. Speaker, it is very obvious that we cannot profitably continue our session today. It is very desirable that gentlemen shall have an opportunity to read the bill before they are called upon to vote on it. In order that this opportunity may be afforded, and that we may A.with needless motions and roll calls, I move that the House now adjourn. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled House bill No. 183, concerning the fire dept of Washington city; when the Speaker signed the same. PROFESSOR AGAssiz's visit to BRAziL.
The SPEAKER, by unanimous consent, laid before the House a message from the POTUS, transmitting, in compliance with a resolution of the House asking “for any official correspondence which may have taken place in regard to the visit of Professor Agassiz to Brazil, ” a report from the SecyState; which were referred to the ComForAffrs, and ordered to be printed. MAIL contRACT FINEs, Etc. The SPEAKER, by unanimous consent, also laid before the House, in compliance with law, a report of the fines and deductions from the pay of contractors during the year ending June 30, 1866; which was laid upon the table, the law providing that such reports shall not be ordered to be printed. QUARTERMGEN's coxTRACTs. The SPEAKER, by unanimous consent, also laid before the House a communication from the SecyWar, transmitting, in compliance with law, a statement of the QuarterMGen of all contracts made during the month of January, 1867, and those not previously sent in other reports; which were laid upon the table, and ordered to be printed. PACIFIC RAILROAD BONDS. The SPEAKER, by unanimous consent, also laid before the House a communication from the SecyTreasury, in answer to a resolution of the House relative to the amount of bonds issued to the Central Pacific railroad and also the Union Pacific railroad companies, miles of road completed, &c.; which was referred to the ComPacRailroad, and ordered to be printed. LAws of ARIzoNA. The SPEAKER, by unanimous consent, also laid before the House laws of the Territory of Arizona; which were referred to the ComTerritories. AMENDMENTS ORDERED TO BE PRINTED.
Mr. BINGHAM, by unanimous consent, moved that an amendment which he proposed to offer to the pending bill, touching the es: tablishment of military divisions in the southern States, be printed. The motion was agreed to. By unanimous consent, the House also ordered to be printed an amendment which Mr. BLAINE proposed to offer to Mr. BINGHAM's amendmot. congressionAL TEMPERANCE society.
Mr. PRICE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Whereas a societyhasbeenformedby the members of the 39th Congress called the “Congressional TemperangeSociety;” and whereas it is templated conby said society to hold a public meeting on Sunday, the 17th instant, at 7 and a half o'clock p.m.: Therefore, Resolved.That the Hall of the HoRep be granted for that purpose, to enable members of the House to take part in that occasion. the ceremonies on Mr. LeBLOND. We make no objection, for it may be such temperance society is needed.
Mr. ELDRIDGE. The restaurant ought to be closed on that occasion.
The SPEAKER. There is no liquor sold in the restaurant.
Mr. LAFLIN asked leave to submit some reports from the ComPrintg.
Mr. RANDALL, of Pennsylvania, objected. The question then recurred on Mr. Eliot's motion to adjourn.
Skip Skip The House divided; and there were ayes 72; noes 38. Mr. WARD, of NewYork, demanded the yeas&nays. The yeas&nays were not ordered. So the motion was agreed t;o and there upon (at 3 o'clock and 30 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. Monday, February 11, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. The reading of the Journal of Saturday last was dispensed with, by unanimous consent, at the suggestion of Mr. CHANDLER. THE CONSTITUTIONAL AMENDMENT.
The PRESIDENT protempore laid before the Senate an attested copy of the resolutions of the Legislature of Ohio ratifying the amendment to the Constitution of the U.S., proposing an additional article to be known as article 14; which were ordered to lie upon the table.
Mr. WILSON. I am directed by the ComMilAffrs , to whom was referred a JtResolution (H.R.No. 269) for the relief of certain officers of volunteers, to submit an adverse report. The resolution provides that officers who were ordered to report to NewYork for the purpose of being mustered as officers into the brigade of General Ullman shall receive certain pay. The committee report against the resolution on the ground that at the last session a general law was passed that would cover the case. I move that the JtResolution be indefinitely postponed. The motion was agreed to.
Mr. WILSON. I am directed by the same committee to report back the bill (H.R.No. 1136) to amend the act establishing the National Asylum for Disabled Volunteers. This bill provides that any director, a member of the board, who shall be elected to Congress may serve out his term. The committee thought it best not to change the general law to meet a special case. They directed me, therefore, to report adversely to this bill. I move its in definite postponement. The motion was agreed to.
Mr. WILSON, from the ComMilAffrs , to whom were referred the following bills and JtResolution, reported them without amendment: A bill (H.R.No. 942) donating a portion of the Fort Leavenworth military reservation for the exclusive use of a public road; A bill (H.R.No. 1003) for the relief of the members of the 2 1st NewYork cavalry; A bill (H.R.No. 1141) to authorize the purchase of certain lots of ground adjoining the Allegheny arsenal, at Pittsburg, Pennsylvania; A bill (H.R.No. 1137) for the relief of Oliver Lumphrey; and A JtResolution (H.R.No. 263) for the purchase of David's Island, NewYork harbor. He also from the same committee, to whom was referred the petition of William T. Connell, John Keplinger, and Isaac Conrad, private soldiers who were enlisted into Captain shall's company of 7th WestVirginia volunteers, August 17, 1861, and were captured prior to muster and held as prisoners till January 9, 1863, praying to be all. the pay of privates from August 17, 1861 until January 9, 1863, reported a JtResolution (S.R.No. 167) for the relief of certain enlisted men of the 7th regiment of WestVirginia volunteers; which was read and passed tao 2nd reading.
Mr. WILLEY." A few days since the bill (S.No.491) amendatory of the several acts respecting copyrights, which came back from the HoRep with a slight amendment, was, inadvertently I suppose, referred to the ComPatents and the Patent Office. The bill originally came from the JtcomLibrary. I am now directed by the ComPatents and the Patent Office to ask to be discharged from its further consideration, and I move its reference to the JtcomLibrary. The motion was agreed to.
Mr. SPRAGUE. I am instructed by the ComMilAffrs , to report adversely upon the JtResolution (H.R.No. 272) fixing the pay of the clerks at the Springfield armory, and I move its indefinite postponement. The motion was agreed to.
Mr. SPRAGUE. I am also directed by the same committee to report, adversely upon the bill (H.R.No. 811) for the relief of certain drafted men. I move that this bill be indefinitely postponed. The motion was agreed to.
Mr. HOWARD, from the ComMilAffrs , to whom was referred the JtResolution (H.R.No. 161) for the relief of Captain A. B. Dyer, submitted an adverse report, which was ordered to beMo
Mr. FOGG, from the ComClaims, to whom was referred the petition of O. E. Dreutzer, praying for compensation for services rendered as consul at Bergen, in Norway reported a bill (S.No.586) for the relief of Orlaf E. Dreutzer, late consul of the U.S. to the Kingdom of Norway; which was read and passed to a 2nd reading.
Mr. KIRKWOOD, from the ComPubLands, to whom was referred the JtResolution (S.R.No. 150) extending the time for the completion of improvement of Fox and Wisconsin rivers, reported it with an amendment.
Mr. CRESWELL, from the ComLibrary, to whom was referred the petition of Harriet G. Peale, Rosalba P. Under wood, and John H. Griscom, executors of the estate of the late Rembrandt Peale, artist, praying for an appropriation for the purchase of Peale's painting, now in the rotunda, entitled Washington before Yorktown, submitted an adverse report, and asked to be discharged from its further consideration; which was agreed to. BILLS INTropuced.
Mr. FOWLER asked, and by general consent obtained, leave to introduce a jtresolution (S.R.No. iss) for the relief of Robert Ford; which was read twice by its title, and referred to the ComClaims.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.587) to incorporate the Atlantic and Island Wrecking Company; which was read twice by its title, and referred to the ComDistCol.
Mr. GRIMES asked, and by unanimous consent obtained, leave to introduce a bill (S.No.I867. 588) for the relief of William H. Webb; which was read twice by its title, and referred to the ComNavAffrs.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.589) to amend an act entitled “An act to incorporate the National Theological Institute, ” and to define and extend the powers of the same; which was read twice by its title, and referred to the ComDistCol.
Mr. ANTHONY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.590) granting jurisdiction to the Court of Claims in a certain cause involving the right to the use of a patent; which was read twice by its title, and referred to the ComJudiciary. AMENDMENT OF THE CIVIL RIGHTS ACT.
Mr.;SUMNER. I offer the following resolution and ask for its Present consideration:. Resolved, That the ComJudiciary be directed to considerthe expediency of an amendment to the civil rights act extending its operations so that where the residents of any State, being citizens of the U.S., are debarred from any of the privileges of citizens of such State, then all cases arising out of any offense against any such resident, and also all eases between any such resident on the one part, and any citizen of such State not debarred from any of the privileges thereof on the other part also shall be hSetaatreds, and determined by the courts of the U.S and not by the courts of the State.
Mr. SAULSBURY. I object to the consideration of the resolution:
The PRESIDENT protempore. Objection being made, the resolution will lie over. ProVISIONAL GOVERNORS.
Mr. CHANDLER. I move that the Senate proceed to the consideration of the resolution offered by me on Saturday.
The PRESIDENT protempore. The resolution will be read for the information of the Seenate.
The Secretary read it, as follows: Resolved, That the ComJudiciary be directed to inquire and report to the Senate whether AndrewJohnson, VEEP, and acting President, had any authority of law or under the Constitution to appoint provisional goyernors for the States lately in rebellion against the Government.
The PRESIDENT protempore. The question is, Will the Senate proceed to the consideration of this resolution?
Mr. DIXON. Is the resolution before the Senate?
Mr. DIXON. When it shall be before the Senate I desire to propose an amendment to it.
Mr. CHANDLER. Mr. President, I ask for a vote.
The PRESIDENT protempore. The Chair will take the vote as soon as debate ceases upon the question whether the resolution shall be taken up.
The PRESIDENT protempore. The resolution is not yet before the Senate; the question is on the motion to take it up for consideration. The motion was agreed to.
The PRESIDENT protempore. The resolution is before the Senate. –
Mr. CONNESS. I. offer the following amendment to the resolution: in line 4 of the resolution strike out the word “Vice, ” and in lines 5 and 6 strike out the words “and acting President;” so as to read “whether AndrewJohnson, POTUS, at any time, ” &c.
Mr. CHANDLER. I am informed that as the resolution was originally drawn, it gives the true title by which he should be addressed, and I believe it to be so; still it is perfectly immaterial.
Mr. CONNESS. I hope that, as the Constitution makes the VEEP President to all intents and purposes, we shall not in any formal proceedings adopt any form of language which shall detract from the office; and I desire this to be done without any reference to the subject matter of the resolution at all. I hope it will not enter into the argument.
Mr. HOWARD. I like the form of my colleague better than that suggested by the honorable Senfrom California. It is merely a question of form and not, as I think, a question of substance. The Constitution does not declare that on the death of the POTUS the person elected VEEP becomes President.
Mr. HOWARD. That is not the title which is given; the Constitution provides that “In case of theremoval of the presidentfromoffice, or of his death, resignation.9r inability to discharge the powers and duties of the said office, the same shall devolve upon the VEEP.” This contemplates a case in which the POTUS proper may be still in life although unable to dog. the duties of the office. In that case it seems to me that we should hardly call the locum tenens of the office, which would be the position occupied by the VEEP, the POTUS I therefore prefer the form contained in my colleague's resolution. There is in it certainly nothing disrespectful to the gentleman who now occupies and performs the Presidential functions. If we are to consult perfect, accuracy I think the form of my colleague is to be preferred.
Mr. PROMEROY. I have supposed every Senator has uniformly avoided exPressing any opinion in regard to the question of impeachment. I have been many times, as I suppose other Senators have been, what is to be . on that subject. It is a matter of excitement in public assemblies where we have been. I have always declined saying anything in regard to it, because I have supposed that it was highly improper for a person who was to sit in judgment upon a case of that kind either to form or to exPress an opinion. That is the reason why I for one cannot give my consent even to the adoption of a resolution on this subject. I have supposed from what I learned in the papers that the matter would be Presented to the Senate, and I thought that then would be time for us to consider it. But to consider it in advance of its being Presented in a constitutional manner I think highly improper. ‘I shall be ready, of course, as every Senator is, to consider the question when it is properly Presented; but let it be Presented under the form of the Constitution by the HoRep, and let us not in capacitate ourselves for a fair judgment by prejudging it now. "
Mr. GRIMES. I move to lay the resolution on the table. The motion was agreed to ayes 28; noes not counted. POSTAL LAWS.
Mr. FESSENDEN. I move that the senate proceed to the consideration of House bill Nof.he903fl, obtieoinng the pension appropriation bill. was agreed to.
Mr. FESSENDEN. Now, I am willing to yield to my friendfrom NewYork, who has a motion to make.
Mr. MORGAN. With the consent of the chairman of the ComFinance, I move now to reconsider the vote on the passage of the bill (S.No.527) to amend the postal laws, and for other purposes, which was passed on Saturday evening. I desire to have the motion entered for future consideration.
Mr. CONNESS. It would be very much better if the honorable Senator would have the motion considered now, because the effect of entering it will be to keep the bill back, and it should go to the HoRep at once if it is not to be reconsidered.
Mr. MORGAN. I am entirely willing to have the question, taken now, and I will give my reasons for making the motion.
The PRESIDENT protempore. The Chair is advised that the bill has been sent to the HoRep, and it will require that a message be sent to the House requesting the return of the bill before action can be taken on the motion to reconsider.
Mr. MORGAN. I move, then, that a message be sent to the House asking for the return of the bill.
Mr. RAMSEY. I should like to hear a statement of the reasons of the Senfrom NewYork for this course.
Mr. MORGAN. The reasons for the reconsideration of this bill were stated on Saturday evening. I stated then that it was passed in a very thin Senate, with far less than a quorum Present, and at a time, too, when after the executive session Senators were not expected to be Present. It is deemed an important bill, changing salaries in many respects, and interfering with another bill which we are to consider tonight in relation to the compensation of clerks in the various Depts. As there was but a small number of Senators Present when the bill was passed, 8 or ten or 12 at the outside, I think the bill should be reconsidered and more fully examined than it has been.
Mr. FESSENDEN. I should be very sorry indeed if my friendfrom California or my friendfrom Minnesota should think that in what I said I meant to throw the slightest imputation either upon the postoffice Committee or upon them individually. I have no doubt that they acted in perfect good faith with a view to the business, and from what I read in the bill as I glanced my eye over it carelessly I think I should approve of it from beginning to end generally.
Mr. CONNESS. Then why not leave it to us?
Mr. FESSENDEN. Because it cannot be left to a committee to pass a bill. That is the answer.
Mr. CONNESS. Does not the Senator know that we could not get an hour or half of an hour of the Senate?
Mr. CONNESS. Does not the Senator believe it if he does not know it?
Mr. FESSENDEN. No doubt it is difficult to get time now. But my object in making the remarks I did make was simply to Present what I think if followed as a precedent would, as my friend admits, be a very bad practice.
Mr. FESSENDEN. Very well. Now with regard to this particular bill, I do not think that any harm would be done in passing it or leaving it stand passed. I have entire confidence in the honorable Senfrom Minnesota and the committee of which he is chair man with regard to their intentions about this matter. I have no doubt that what was done was done with a single regard to the public business and the importance of Pressing the billoIhope that statement on my part will satisfy them, but I did think, on looking over the bill and seeing the circumstances under which it was passed, that if suffered to be a precedent and the attention of the Senate not called to it we might be in very great danger of passing measures at a time when the Senate was not Present as a body. That is the ground of my objection to the practice, and the senators, for whom I have great respect and regard, will accept this explanation..
Mr. CONNESS. Now, Mr. President, since it cannot be made a precedent, since we do not ask it to be made a precedent, and would be I must say that I do against any such precedent, is legislation, to be delayed by dragging the billback here again?
Mr. FESSENDEN. f had Saturday assigned on a resolution somewhat solemnly, or at least intelligently, acted on by the Senate, for the consideration of District business, and I had the bad luck to proceed about an hour with that business when I found myself without a working force here, without Senators enough to enact a bill, so that I was obliged to take up for consideration only such measures as could go through by common consent, laying aside everything that was contested. After I had yielded to that necessity, and we had gone into executive session and come out again, finding our force not increased, the postoffice Committee undertook to try its hand at legislation. I did not object; I was quite willing. Through the suavity of the honorable chairman of that committee and the great persistency of the honorable Senfrom California, who is also a member of that committee, they got this bill before the Senate. The Senfrom NewYork seemed to have an objection to proceeding with the bill, and stated that it was irregular. That it was irregular nobody doubts. The honorable Senfrom Kentucky was waiting to announce the death of a colleague of his in the House. A division of the Senate would break up the body and prevent that Senfrom Presenting his remarks to the Senate. In that condition of things I understand the honorable Senfrom NewYork was persuaded not to interpose an objection which he felt that he had to the bill, and which he comes here and renews upon reflection today, feeling that he did not do his whole duty in not Presenting an objection to the consideration of the bill under the circumstances. Now, with the profoundest respect for the ComPostOffices, I think they o: to yield to the wishes of the Senfrom NewYork, who yielded his objection on that occasion, but who cannot think today that he can do his duty without moving this reconsideration.
Mr. HENDRICKS. When this bill was up on Saturday night I thought it seemed objectionable to consider it when the Senate was not quite full, and so exPressed myself; but the bill was taken up, and it was very fully considered, and I thought it was right in its provisions. Because the bill has passed, and I think it is right, I shall vote against the reconsideration, although I think it is objectionable to take u are not expecting their consideration.
Mr. RAMSEY. If this were the 1st in stance of a bill being passed through the ordinary forms required by the Constitution in a thin Senate I should not object to the action proposed; but it must be in the knowledge of every Senator, that we are every day passing bills of infinitely more importance in pecuniary and other points of view than this with much less than a quorum Present. Is it to be the rule of the Senate that hereafter, whenever a bill hase in that condition, we shall send for it to the other House, or are we at once to break up and adjourn whenever there may not be a quorum in the Chamber? We know that upon important appropriation bills the Senfrom Maine has kept us here voting appropriations of a momentous character with a very thin Senate, with much less than a quorum. I think the Senate might as well go into the consideration of this bill now upon the motion to recall it from the other House; and I am satisfied that if Senators give it their consideration they will find that there is nothing objectionable in it. I made persistent efforts through 2 weeks, I think, to get the floor for the purpose of asking the Senate to take up this bill; and when, on Saturday evening there seemed to be no objection to proceeding to its consideration I moved to take it up, and the Senate agreed to my motion. If it is brought back now I may not be able to get it up during the rest of the session. It is a bill of the highest importance to the proper administration of the postoffice Dept; and if Senators will measures when Senators consider it now upon this motion to recall it and they may as well do it now as when the bill comes back they can state their objections to each provision of the bill. Assuming that the Senate will pursue this course I will proceed to explain the bill
The PRESIDENT protempore. The Chair will state that the bill is not in the possession of the Senate.
Mr. RAMSEY. But the motion to recall it is before the Senate.
The PRESIDENT protempore. It is; but that motion does not open the merits of the bill. The bill is not in the possession of the Senate. The Chair, however, will not of its own motion interrupt debate.
Mr. RAMSEY. I had proposed to go on and explain the bill, but. will not do so if it is out of order.
Mr. CONNESS. Upon the motion to recall the bill I ask for the yeas&nays.
Mr. SHERMAN. I think I have never known a case where the Senate refused to reconsider the vote passing a bill when the fact was stated that it was Foby less than a quorum. To do so would be to pass a bill in plain violation of the Constitution, which. a majority of aonecessary to the passage of any bill. It is true, the record does not show that a quorum was not Present. Perhaps technically you may say there was a quorum Present, because no evidence to the contrary appears upon the record; but it is stated in open Senate, by a Senator who was himself Present, that this bill was passed by less than a quorum of the Senate. That statement is made here in open Senate; and if we refuse the motion to reconsider a bill passed under such circumstances, the result is to pass a bill in plain violation of the Constitution, because among ourselves there is no question as to the fact.
Mr. RAMSEY. I desire to inquire of the Senfrom Ohio how it othat less than a quorum was here when this bill was passed? It certainly does not appear so upon the record.
Mr. SHERMAN. The Senator makes the very point. It is true, we have no technical evidence of the fact, because the Journal does not show there was not a quorum Present; but we have the statement of a Senator, which is unquestionable, and no one doubts it. Under these circumstances is it wise to refuse the motion to reconsider? I have never known it to be done. I do not think any case has ever occurred in which, when a statement of that kind has been made by a Senator and not contested, a reconsideration has been refused. In regard to the bill itself, I am perfectly willing to consider it today or at any time when ever the Senfrom Minnesota moves to take it up. There are one or 2 provisions in the bill of which I should want an explanation before I could vote for it, but I do not propose to state them now.
Mr. RAMSEY. I proposed to go into that now, but it was held to be out of order.
Mr. SHERMAN. The motion to reconsider must prevail before you can do that. I cannot even state my objections to the bill till that motion prevails, but certainly that motion ought to be adopted.
The PRESIDENT protempore. The Chair will state to the Senfrom Minnesota that he had no design to make a point of order, or to arrest the Senator's remarks, but he simply suggested what the rule of the Senate was, leaving it to the Senator himself to act as he pleased, and to any other member to call to order.
Mr. DAVIS. I am, I believe, uncondition ally in favor of this bill so far as I understood its provisions on Saturday evening. That is my opinion in relation to its merits; butnevertheless I feel constrained to vote in favor of the motion that the Senate request the return of the bill from the HoRep for the purpose of reconsideration. Every gentleman who was Present knows that the bill was passed by less than a quorum. That fact was just as palpable d’s any fact could be to the observation and sense of the Senate. I believe the honorable Senfrom NewYork was probably, induced not to Press his objections against the bill at that time because of my earnest wish to have the Senate take some notice of the death of a respected colleague of mine. If the objections had been Pressed the Senate would have been divided, and the division would have shown unquestionably that there was not a quorum Present. The consequence would have been that the Senate would have had to adjourn, and I should not have had an opportunity of performing a pleasant but sorrowful duty. I agree with the principle suggested by the honorable Senfrom Ohio. I believe it is a loose, a vicious, a reprehensible, and an unconstitutional practice for the Senate to pass bills when it is obvious to every Senator that a quorum is not Present. I regard it as a deliberate violation of the Constitution, of evil and dangerous effect; and I should like to have the Senate adopt a positive and peremptory rule that whenever the Presiding Officer of the Senate shall have reason to doubt the Presence of a quorum he shall verify the fact, and if on his verification he ascertains that there is not a uorum Present it shall be his imperative duty then to suspend further action by the body until a quorum be obtained. Under this view of the case I will vote in favor of the proposition to ask the House to return the
Mr. CONNESS. I called for the yeas&nays on this motion, but I now withdraw that call. The honorable Senfrom Maine suggests that he is willing that this bill shall be considered now, and as he has the Senate for one of his bills today, I, for one, as a member of the ComPostOffices, accept the proposition. But, at the same time, I give notice that while I shall remain a member of this body no bill shall ever pass when I am here with less than a quorum Present. So Senators must remain in their seats if they want legislation. I know it is every day the practice of the Senate, but I intend to apply the rule hereafter as closely as it is now applied to this committee.
Mr. MORGAN. I have reduced the motion which I submitted awhile ago to form in this shape: Ordered, That the Secretarybe directed to request the HoRepto return to the Senate the bill (S.No.527)to amend the postal laws, and for oHtohuesrepfuorrpiotssecso, npeausrsreednbeyet.he Senate and sent to the
Mr. HENDRICKS. I think that we had better not decide on any rule that would be very inconvenient to the Senate. I think the Senfrom California cannot carry out his proposition. It is known to every one of us that when the Senate is quite full oftentimes, so many gentlemen are called out by their constituents during the progress of business to the committee rooms or to the consultation rooms of the Senate as to leave apparently the floor a very thin Senate, and yet when it comes to a vote there is quite a large vote; and this view is an answer to the Senfrom Kentucky. I dislike to see bills passed when there is not a full consideration of them. I am not prepared to say that if the yeas&nays had been called on this bill on Saturday evening a quorum of the Senate would not have been Present, either in the Chamber or in the adjoining rooms. There was no test of the matter, but I observed the fact that the Senate was thin, and I supposed some Senators had gone home, and therefore I objected to the consideration of the bill. But as it was fully considered and passed I shall not now vote for its reconsideration.
Mr. WILLIAMS. I wish to say one word in explanation of my course. I am usually in my seat when business is transacted in the Senate unless I am compelled to be absent. I supposed the Senate was about to adjourn when I left on Saturday, and I was not aware tilat any business was transacted afterward by the Senate until the subject was mentioned this morning. After the chairman of the ComDistCol had given notice that he could not proceed with his business because there were so few Senators Present, the Senfrom Indiana {Mr. HENDR1cks] made a motion to adjourn, and everybody seemed to accede to it; but the Senfrom Massachusetts {Mr. WILsoN] desired the motion to be temporarily suspended until he could move to recommit some bills, and as those motions were entertained by the consent of the Senfrom Indiana, and as it had been announced by the Senfrom Maine that no other, business could be transacted, I withdrew from the Senate, supposing, of course, after those bills were recommitted, that the Senate would adopt the motion of the Senfrom Indiana. I was therefore accidentally absent, and was quite surprised to find that after that time business of the nature of this bill had been transacted. I have nothing particular to say about the question before the Senate, but I shall vote or the reconsideration.
Mr. DAVIS. I have always been thor oughly satisfied of the utter impropriety of the Senate passing any measure or taking any legislative action when there is obviously and palpably a quorum not Present; and I am gratified that the honorable Senfrom California has declared his purpose to call for a division of the Senate when in his judgment a quorum is not Present. We all know that in the night sessions and late in the evening the opportunity is seized upon by many members of the Senate, when there is not a quorum Present, for the purpose of hastily passing measures. I think that is a custom that ought to be reformed. I think it is in flagrant discrepancy with the principle of the Constitution which requires every measure of the Senate to be passed by a quorum. The Senfrom California, or any other gentleman can avail himself of his right and of his duty to have a majority of the Senate Present by calling for a division of the Senate at any time, and I shall always be prepared to 2nd such a motion and give it any countenance I can.
Mr. CONNESS. The honorable Senator will remember that that rule which I said I would apply in future, so far as the demand should go and I shall be as good as my word will operate very much harder upon myself than upon the honorable Senator, for it will be found, I think, upon examining the legislation of an entire session of Congress, that while I vote for more than 2/3rd s, perhaps 3/4th s, of the bills that are passed and become laws, the honorable Senator has hardly voted affirmatively for half a dozen. He is generally found in the negative; so that it will not trouble the Senator so much if bills shall not pass.
Mr. DAVIS. I think the honorable Senator has received rather ungraciously my avowal to support his principle of practice; but, however, I give it my support, without any regard what: ever to the measures that I oppose or that I support, but simply to the propriety of the rule and the constitutionality of the principle.
Mr. CONNESS. I suppose that is just what the Senator meant.
Mr. DOOLITTLE. I believe it is the right of any Senator to ask for a reconsideration of a bill, but if, because the bill has passed and gone to the other House, the Senate should deny the request to bring the bill back again, the right of a Senator to move a reconsideration would be practically gone. Therefore, without inquiring at all into the merfts of the case, whenever a Senator, in order to make a motion to reconsider, asks to have a bill brought back from the House, I shall vote for it. have always done so, and I shall do so in this instance.
The PRESIDENT protempore. Is the senator ready for the question on the order now offered to the Senate? The motion was agreed to. PENSION APPROPRIATION BILL.
The PRESIDENT protempore. The pension appropriation billis now before the Senate. The Senate, as in ComWhole proceeded to consider the bill (H.R.No. o making appropriations for the payment of Invalid and other pensions of the U.S. for the year ending June 30, 1868, which had been reported from the ComFinance with 2 amendments. The 1st amendment was in line 9, after the word “mothers” to insert the word “fa thers, brothers;” so that the clause will read: For pensions of widows, children, mothers, fathers, brothers, and sisters of soldiers, as provided for by acts of March is. isis: May 15, isos; June 7, 1833;July o, isoft j??y 7, 1838. Miarch 3. is?3; June ii, isif; Feb. ruary 2, July 21, and, July 29, 1848;February 3, 1853; June 3, 1858 and July, 1862w, ith its supplementary acts, and for compensation to pensionagentsand expenses of agencies, $23,000,000.
Skip Skip The amendment was agreed to. The next amendment was in line 23, after the word “mothers” to insert “fathers, brothers;” and in line 26, after the word “ 62 " to insert “with its opponentary acts;” so that the clause will read: For Navy pensions to widows, children, mothors, fathers, brothers, and sisters, as provided for by acts of August 18, 1848, and July 14, 1862, with its supple mentaryacts, $280,000, to be paid fromthe Navy pension fund.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill be read a 3rd time; it was read the 3rd time, and passed. SIGNING OF TREASURY WARRANTS.
Mr. FESSENDEN. I move that the Senate proceed to the consideration of Senate bill No. 493. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the bill (S.No.493) supplemental to an act to establish the Treasury Dept, approved the 2d of September, 1789. It provides that the SecyTreasury shall have power, by an appointment under his hand and official seal, to delegate to one of the Asst Secretaries of the Treasury authority to sign in his stead all warrants for the payment of money into the public Treasury, and all warrants for the disbursement from the public Treasury of money certified by the proper accounting officers of the Treasury to e. upon accounts duly audited and settled by them; and such warrants so signed are to be in all cases of the same validity as if they had been signed by the SecyTreasury himself.
Mr. FESSENDEN. I will give a very brief explanation of this bill. As the law now stands, every warrant upon the Treasury, either for transfers from one branch to another, or to take money out of the Treasury on warrants that have i. drawn after the certificates of the accounting officers are properly made, must be signed by the SecyTreasury himself. It is a very onerous and a very unnecessary duty to perform. Every day, the SecyTreasury has brought to him a pile of warrants, generally about a foot high, a very large number of them, and it takes him a very long time to sign them. He cannot read them; he cannot know what they are, and he does not know personally what they are unless his attention is called to them by something which is peculiar in the case itself, to which his attention is called by the accounting officer. The accounts have to go through the accounting officers. They all have to be certified as having been examined by the Comptrollers and the Auditors. Then they have to be examined to see that they are in due form by the Asst Secretary, who puts his initials on them, and they go to the Secretary, who must devote a very considerable portion of time to writing his name just as fast as he can write it without knowing what he is signing in point o fact. It is a very unnecessary labor, and it has been for some time thought to be expedient to devolve that duty of merely putting the name to the warrant upon some officer of the dept. It cannot be done either by the Secretary or Asst Secretary except on proper certificate with regard to all of them that the accounts have been examined, and found correct, &c., and may be done by one as well as the other. It will be all under the Secretary's stipervision. I hope there will be no objection to it. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. postoffice APPROPIRIATION ISILL.
Mr. FESSENDEN. I now move to take up House bill No. 918. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 918) making apfor the service of the postoffice dept during the fiscal year ending June 30, 1868.
Mr. FESSENDEN. This bill contains the ordinary appropriations for the postoffice Dept, according to the estimates. It also contains, on page 3, a proviso with reoto the steamship service between San'rancisco and China. I deem it my duty simply to call the attention of the Senate to that, in order that they may know what the provision is. They will recollect that we authorized steam service between SanFrancisco, Japan, and China, which was let out upon contract, with the provision that the steamers should touch at H. in the SandwichIslands. At the last session a bill was passed through this body to dispense with that part of the contract. It did not pass the House, however; and there is now the same provision in this bill, with the addition that a new teamship service, without any more pay, is o be established “between the port of Japan, used by the main line of steamships, and the port of Shanghai, in China, making continuous regular trips, connecting with the main line, ” &c. I will simply say that on an examination of this matter the ComFinance did not see fit to make any change, but reported the bill as it came to us, recommending its passage. They became satisfied that on the whole it might be as wise to do this, although I hope provision will be made some time or other for a steamship service between California and the SandwichIslands. The bill was reported to the Senate without same ndment.
Mr. FESSENDEN. I wish to mako an amendment to the bill; I had nearly forgotten it. I hold it in my hand a new section which I offer to the bill, not however by the authority of the ComFinance, for they have not had an opportunity to consider it since the papers were placed in my hands. I have thought, therefore, I would offer it on my own responsibility, as it is a matter which I think will address itself to the approbation of the Senate. I ask to have the amendment read, and then I will state what it is for. l
The Secretary read the amendment, As folOWS: Abife:, That the SecyTreasury is herebyauthorized to transfer 2 clerks from the 3rd class to classfour in the office of the Auditor of the Treasury for the postoffice Dept; and a sum sufficient to pensationrequired by pay theincreased comsaid transferfor theremainder of the qurrentand the fiscal year ending June 30, 1868, is herebyappropriatedout of any money in ury the treasnot otherwiseappropriated.
Mr. FESSENDEN. The Senate will notice that it is a mere authority to transfer 2 clerks to the 4th class, involving an additional expenditure of $400. I send to the desk a letter from the Auditor stating the reasons for it, which may be read to the Senate.
The PRESIDENT protempore. The letter will be read, if there be no objection.
The Secretary read the letter, as follows: OFFICE of the AUDITOR of the trEASURY Fon THE POSTOFFICE DEPT, WASHINGtoN, February 7, 1867. s o:I havethe honor to inent: submit the following state There are in this officenine separate and distinct Saunldpss.pecialmail, and but 7 4th class clerk The principal clerks in charge of these divisions, in consideration of the responsibilities attaching to these positions, ought to be are, 4th class clerks, and with the exception of the collecting and special mail divisions. The collectingdivision has in charge the collection of cboanlatnraccetsodruse, from postmasters, latepostmasters, and and there are engagedupon it 26 clerks. The superintendenceof a businessof such importance, and the supervision of spondence relating the entire corre to it, in my opinion, entitles the principal clerk to thesamecompensation as that recmeaivyed by those of the other divisions. The same be said of the special mail division, although a lessnumber of clerks are employed. John P. Wheeler and J. O. Wilson, the principal clerks of thesetwo divisions, have beendischarging theseduties for several years as 3rd class clerks: and I think it due to their long, faithful, andefficient service that they should be placed upon an equality with the others. I therefore earnestly recommend that the proper legislation may be had to increase the nuinber of 4th class clerkships in this office from 7 to Inline. I am, sir, very respectfully. H. J. ANDERSON, Auditor. Hon. HUGH McCULLoch, SecyTreasury.
Mr. FESSENDEN. I have also a letter from the SecyTreasury recommending that this authority be given, which I suppose it is unnecessary to read.
Skip Skip The amendment was agreed to. The amendment was orderengross, and the bill to be read a 3rd time. It was read the 3rd time, and passed. On motion of Mr. FESSENDEN, the title of the bill was amended by adding the words “and for other purposes.” ALCOLIOL FOR SCIENTIFIC PURPOSES.
Mr. FESSENDEN. I now move that the Senate proceed to the consideration of Senate JtResolution No. 163. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 163) to provide in certain cases for the removal of alcohol from bonded warehouses free from internal tax. It authorizes the SecyTreasury to grant permits to curators of incorporated or chartered scientific institutions to withdraw alcohol in specified quantities from bond without payment of the internalrevenue tax on it, or on the spirits from which the alcohol has been distilled, for the sole and exclusive purpose of Preserving specimens of anatomy, physiology, or of j oi.be longing to the institutions; but the curators, on applying for such permit, are to file a bond for double the amount of the tax on the alcohol to be withdrawn, with 2 good and sufficient sureties, who are not to be officers of the institution making application; the bond and sureties to be approved by the ComrIntRev, and conditioned that the whole quantity of alcohol so withdrawn from bond shall be used for the purpose specified and for no other, and that the curators shall comply with such other requirements and regulations as the SecyTreasury may And if any alcohol so obtained shall)e used oy any curator or other officer of the institution for any purpose other than that specified, then the curators, officers, or sureties are to pay the tax on the whole amount of alcohol withdrawn from bond, together with a like amount as a penalty in addition thereto.
Mr. FESSENDEN. I will explain briefly the object of this resolution. There are some scientific institutions in the country which have procured 4t very great expense a great many specimens of natural history, and they need alcohol to Preserve them. That under the direction of Professor Agassiz particularly is exceedingly valuable., I suppose his collection of fish is very much the best in the world. It is equal in extent both to the English and French collections put together. They cannot be Preserved without alcohol, and the labor of collecting must be lost unless they have it. In order to purchase the alcohol they have to pay a dollar a gallon 1st, and if the o, the examining, yogisting, book keeper's, obliged to pay the additional 2 dollars it collecting pay, ine ney order, solicitor's, foreignmail, makes it so high that they have not funds enough connected with that school to enable them to procure the necessary amount. The matter is of great importance to the cause of science and of course to the country, and I trust there will be no objection to it. The bill is exceed.ingly well drawn and well guarded, and the committee I believe were unanimous in recommending its passage.
Mr. CONNESS. should like to ask the honorable chairman if he will accept an amendment to allow all other persons who purchase alcohol or spirits to purchase it at one dollar per gallon. I think it would be a good thing to amend this resolution so as to put it at that price. There would be a great deal less swindling in the conntry and we should get more revenue. I think this is an opportune period to make the change.
Mr. FESSENDEN. We can hardly put it here. I hope my friend will not offer an amendment of that character totion. this resolu The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. PRESIDENTIAL TERM.
Mr. WADE. I now move to take up Senate JtResolution No. 33. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.o: No. 33) an amendment to the Constitution of the U.S. The JtResolution, as originally introduced by Mr. WADE on the 20th of February, 1866, was in the following words: Resolred, foc., (2/3rds of both Houses concur ring,) That the following article be proposed to Legislatures the of the several Statesas an amendment to the constitution of the U.S.; which, when ratified by 3/4ths of the said Legislatures, shall be valid as part of said Constitution, namely: ARTICLE. The executivepower shall be vested in a of the U.S.A. He shalPl rheosliddehnist oafgfaicien during the term of 4 years, and shall not be eligible to that officeduring the term of his natural life. In caseof the removal of the President from office, or of his death, resignation, or inability to dischargethe powersand duties of the said office, the same shall devolve, on the VEEP, who shall not again be eligible to the office of POTUS during the term of his natural life. Whenever Congress may, by law, provideforthe case of removal, death, resignation, or inability. both of the Frodont and Vior sident, decising what officer shall then, act as President, such officer shall not again be eligible to the office of POTUS during the term of his natural life. The ComJudiciary reported the JtResolution with an amendment to strike out all after the word “article” in the 8th line, and to insert the following: No person elected President or VEEP who healigsibolnece served as President shall afterward be to either office.
Mr. WADE. I am in favor of the amendment, and hope it will be adopted.
Mr. DIXON. In the amendment which I propose to offer to this resolution I do not wish to be placed in a position antagonistic to the proposition itself. I do not propose to strike out and insert, but to add to it. As I understand, the committee report to strike out wir tually all of the original proposition, and to insert: No person elected President or VEEP who has onceserved as President shall afterward be eligible to either office. I am prepared to vote for that, provided it can be so shaped as not to seem to be an at tack upon an individual officer. I think the Senator ought to consent to insert the word “hereafter, ” so as to read no person here: after elected President or VEEP;” for I Presume his object is to effect a general purpose, and not to aim at an individual. It seems to be aimed at an individual as it stands at Present. I do not suppose that was the intention of the Senator. know it was not, for he has disclaimed it.
Mr. WADE. If the gentleman will allow me, I have no objection whatever, to that amendment. On the other hand, if those opposed to the party to which I belong want to take up the Present incumbent I shall not ob ojefct to it at all. I should rather be in favor it.
Mr. DIXON. With regard to this proposi;tion I have only to say it is wholly immaterial to me how it is worded except as I have stated. I do not know what are the designs and intentions of the Present Chief Magistrate of the U.S., but he has repeatedly said that he should not be a candidate for reelection, and I have no idea myself that he ever will be. Still it seems to me the Senate of the U.S. ought not to be called upon to vote for a proposition which shall seem to be aimed at any individual whatever. Therefore if, as I understand, the Senfrom Ohio proposes to change it so that it shall refer only to future officers hereafter elected, I shall vote for it; and I shall vote for it much more willingly if he is willing to make another alteration, and that is with regard to the term of office. I do not know that anything is said in regard to the term of office in the amendment as the committee report it. I should much prefer, if the term of office is to be limited, that it shall be confined to the term of 6 years. I would vote for it more readily in that shape, but I believe, as it now stands, there is no proposition with regard to the term of office whatever; it leaves it as it is. Now, sir, I have said that I do not propose what I shall offer as an amendment in opposition to the resolution. I propose a preamble and certain resolutions which will be very proper in connection with this as an entire scheme. I do not see that there is anything in what I propose to offer which is at all inconsistent with or inapplicable to the proposition of the Senator.Ohio. They will be germane. They both relate to the great interests of the country. I have already given notice of my intention to offer a preamble and additional resolutions, and I now ask leave to submit them to the Senate.
The PRESIDENT protempore. The question now is on the amendment reported by the committee.
Mr. DIXON. I desire to say a very few words upon the preamble and resolutions that I propose. I suppose they will be read; but I F. no desire to call for their reading if Senators do not wish it.
The PRESIDENT protempore. Does the Senator offer this as an amendment to the amendment reported by the committee? It can only be offered in that point of view at Fthe oPresent time, there being an amendment
Mr. DIXON. It would be, I suppose, an amendment to the amendment reported by the Committee.
The PRESIDENT protempore. In that point of view it is in order.
Mr. SUMNER. I suggest to my friend that He might allow the question on the amendment of the committee to be taken and then offer his as an addition. That will simplify the proceeding.
Mr. DIXON. Very well. After the vote is taken on the amendment of the committee I can proceed to say what I have to say on the subject.
The PRESIDENT protempore. The question then is on the amendment reported by the committee.
Mr. FESSENDEN. It strikes me that the words “who has once served as President” should be struck out; so that it will read: No person elected President, or VEEP shari afterward be eligible to either office. My reason is this: I do not think it, quite fair to say that a man who has been elected VEEP, and by the death of the President or his removal he becomes President for a portion of the term; shall, afterward be in eligible to the office of President. It is tio cut. him off from the privilege, which every other citizen has of being, if the people so Jhoose, elected POTUS It is not so high, an honor, by any means, to Ciect a man VEEP as it is to elect him President. Suppose we should pass a law, which I believe has been proposed in the other House, providing who. be President in certain cases: 1st, the VEEP; then, if there is no VEEP, the President of the Senate
Mr. CRESWELL. Will the Senator allow me to call his attention to the phraseology of the article as it will stand with the amendment made as he suggests? It seems to me that a person who is elected VEEP, then, would be incompetent ever afterward to be elected President. That, I apprehend, is not what he intends.
Mr. FESSENDEN. The language now includes the idea that if a person has been elected VEEP, and after being elected VEEP becomes, by the death of the President, POTUS, he shall ineligible afterward to the office of presient.
Mr. CRESWELL. But if the amendment that the Senfrom Maine suggests be made, will it not at least bear the interpretation mat urally that a person who has once been elected VEEP cannot afterward be elected President?
Mr. FESSENDEN. Mr. President, perhaps I did not suggest the proper amendment. I merely stated it with the view of having the proposition correct and to state the reasons. hat bill proposes I believe I have seen some account of it in the papers that if the President shall die or cease to be President, the VEEP shall take his place, and if there be no VEEP the President of the Senate, and if there be no President of the Senate, the Speaker of o the House, and going several provisions. Now, sir, suppose that along toward the end of the term of office, the President should die, and the VEEP, or the President of the Senate, or the Speaker of the House should become for a few months or a year POTUS, is it just to say that the citizen who by that contingency has served for a short time in the office of President shall not afterward be eligible to the office at all?
Mr. FESSENDEN. Probably he might be the very best man, and the man the people would select.
Mr. SUMNER. I think the Senator is not aware of the operation of the language. I do not think it .to such a case as that.
Mr. FESSENDEN. Certainly; “who has once served as President.”
Mr. SUMNER. “Elected President or VEEP.”
Mr. FESSENDEN. Yes; who has once as President or VEEP. I am right.
Mr. TRUMBULL. If it is the President protempore of the Senate or the Speaker of the House who serves as President i is not." made ineligible.
Mr. SUMNER. He must have been elected President or VEEP, and then have served as President.
Mr. FESSENDEN. That is true. I thank the Senator for the correction. I am wrong about it. It would not apply to those officers as it stands at Present worded. But take the VEEP; go as far as that; a man is elected VEEP. Suppose that being elected VEEP, toward the end of the term he becomes for a few months President, or acting President, as the honorable Senfrom Midi. {Mr. CHANDLER) called it this morning; is it right, is it just to him, because in that contingency he has served for a short period of time in the office of President that he should afterward be ineligible to that office. I think not. I think, therefore, for that reason alone, disconnected with any other, I should be opposed to the resolution as it at Present stands. I do not think that it would be right to make that rule. I do not think it would be just to the individual. To be sure, the rule would not hold, so far as the justice or the injustice is concerned, to the same extent if the VEEP should be President during nearly the whole term of office, as in the Present case. But we are providing for all cases; and more than all lo. every man in the Republic I think who is constitutionally eligible is entitled to be considered a candidate, and to be nominated and elected, if the people so choose, to the office of President; and the fact that he has served a short time in the office when he was not selected to it is not a sufficient reason to exclude him. I will state in addition to that that I would not have anything in the resolution that would look as though we were making a change in the Constitution with a view to affect any particular individual. I know that is not the intention, and the Senator would not desire it. We are fixing this for a great many future years. I agree also with the Senfrom Connecticut in his idea, that if we fix it for one term we had better fix it for 6 years instead of 4. I hope, therefore, that this resolution will be amended in these particulars.
Mr. FESSENDEN. Let me ask the Senator what reason is there why a man who has once been elected VEEP should not afterward be eligible to that office? He has the least power and patronage of any officer conjo with the Government. He is merely the Presiding Officer of the Senate. The power that he exercises and the patronage that he has does not compare with that exercised by a Senfrom a State. To be sure, he has the chance, the possibility of becoming President. But suppose he does not, why should he not be eligible for a 2nd time or for any length of time that the people choose to to the office of VEEP of the elecUtnitheimd States?
Mr. STEWART. He is under this resolution.
Mr. FESSENDEN. No; the language is he shall not afterward be eligible to either office.
Mr. STEWART. If he has served as President he cannot be elected, but if he has served i. VEEP he can be elected VEEP.
Mr. WADE. As I understand he can be elected VEEP as often as the people choose to elect him, unless he has served as President. The language is: No person elected President or VEEP who has once servedas President shall afterwardbe eligible to cither office. T
Mr. FESSENDEN. Suppose he has served as President for a short time; why should he not be eligible again to the Vice Presidency?
Mr. STEWART. He might come into the Presidency again.
Mr. FESSENDEN. He might for a short time; but what harm would come of it? The reasoning is not applicable. The VEEP has no sort of power to do wrong in the office of VEEP. He has no patronage. My own idea is that the proposition ought to be confined to the office of President. All the logic, all the reasoning of the Senfrom Ohio applies to the office of President. It should not apply to persons who, from the fact of being VEEPs, have by any contingency become Presidents of the U.S. for a brief period.
Mr. WADE. The original draft of this resolution only contemplated the exclusion of persons who had once occupied the Presidential office, and it intended to cut them off, whether they held that office for a short or long term. The committee, however, have obviated all that. Those that may, by law, occupy the office, as when it shall devolve on the President protempore of the Senate or the Speaker of the House, or on the Presiding judge of the Supreme Court, are not involved in the rule. They are not subject to the exclusion.
Mr. FESSENDEN. Why should it not, on the logic of the thing, apply to them precisely as it applies to a man elected VEEP, who happens a short time to be President, because they can exercise the same power while they are in the office? The same logic applies to both.
Mr. WADE. I do not know but what it does. I will say I do not feel any very greatin terest on that point. I am willing, however, to take the amendment as it came from the committee, because, as I have already endeav ored to explain, I do not think it will be a great hardship to make a person who, being VEEP has come into the Presidency, ineligible afterward to the office.
Mr. STEWART. If the Senfrom Ohio will give way for a moment I will state a reason for that. As regards those who may succeed to the Presidency by virtue of law, the same law may limit their term; and you can fix it so that they shall occupy it but tem oraril.y; whereas the person who becomes by virtue of election as VEEP holds the office during the residue of the term; he is beyond the control of the lawmaking power. You can regulate those who are put in by law as you please. That does not require a constitutional provision. Now, one word further. If it be an evil to have a President eligible for a 2nd term, it is equally so to have a VEEP eligible. The object is to prevent a person in power from using the office while in it to secure a reelection.
Mr. STEWART. That is very true, but if he becomes President he has it for a fixed term; you cannot control it by law. The same reason applies equally, I think, to make him ineligible that applies to a man originally elected President, for if he becomes President his attention will be called to securing a reelection rather than to the proper administration of the affairs of the Government. I believe the same reason applies to the VEEP as to the President, and the reason in each case is because they have a fixed term. The committee left out those who come into the Presidential office by force of law, because they have no fixed term; they have no term but what Congress can control. They are simply temporary. The committee thought it would not be worth while to make them ineligible.
Mr. WADE. I thought the Senator rose for an explanation. If gentlemen will allow me to finish the few words I have to say they can take the floor. I do not propose to occupy more than a few moments longer. I do not see that the VEEP does not fall within the reasoning I have already endeav ored to illustrate as the reason why the President should not be eligible again. In the 2 cases that are familiar to us all the Presidential office fell to the VEEP very early in the term; I believe as early as the 1st or 2nd month in the Presidential term. Now, sir, he would have a great advantage over anybody else, because if you do not exclude him he would be eligible again, although he had already occupied the office for almost an entire term.
Mr. Fillmore did not hold the office for much more than half the term.
Mr. WADE. I think the Senator is mistaken. General Taylor lived but a very short time.
Mr. WADE. Not over that. General Har rison, I believe, died within the 1st or certainly the 2nd month of his administration.
Mr. FESSENDEN. But suppose he had not died until the very last.
Mr. WADE. Very well. We cannot tell exactly when they will die, as it has fallen out now. When the office has devolved on a VEEP he has occupied it almost the entire term; and the same reasoning applies to him in that event as applies to the President who was elected as such, and there is a greater reason why he should not occupy it, because the people really have never elected him with the expectation that he ever would be President. Their selections have been exceedingly good, for the Presidents themselves have always been more satisfactory than the VEEPs, whom the people never expected would be Pres. idents when they elected them. I do not think that the VEEP when he becomes President exofficio should be in a better condition than though he had been elected President.
Mr. WILLIAMS. I will ask the Senator if the amendment would be satisfactory to him with the words “elected President or VEEP” stricken out; so as to read: No person who has onceserved as President shall afterward be eligible to either office. I would prefer the amendment in that form.
Mr. WADE. That would restrict it still more. That would restrict it as regards those officers that came in by law, where, as has been said by the Senfrom Nevada, Congress may limit the term of office to such period as they may see fit. For instance, if the POTUS should die today, and the office should devolve upon the President of the Senate, Congress might fix the term long or short, as I should think.
Mr. STEWART. They can provide for an election in such a case.
Mr. POLAND. Mr. President, at the time this resolution was reported from the ComJudiciary I gave notice that when the resolution should be called Jup for consideration I should move to. it so as to make the term 6 years instead of 4. That subject was considered somewhat in the com: mittee, but inasmuch as the resolution itself pointed to nothing except restricting the office to a single term it was not deemed advisable by a majority of the committee to report a change as to the length of the term; that point was not acted upon. The amendment that I have drawn is in form a full, complete article, embracing precisely the language in which the amendment was reported the committee, with some additional words to reach the extension of the term to 6 years. I offer the amendment as a substitute for the amendment of the committee. It embraces the amendment of the committee. It is to strike out all of the words proposed to be inserted by the commit.tee, and to insert: The President and VEEP shall hereafterbe chosen for the term of 6 years, and no person elected President or VEEP who has onceserved as ward be eligible President shall after to either office.
Mr. SUMNER. I agree with the Senfrom Maryland so far as I was able to follow his remarks. It seems to me it would be better if the term of the President was 6 years rather than 4. I. regretted that the report of the committee did not embody such a change. I am therefore thankful to the Senfrom Vermont who, by his motion, gives us an opportunity to vote on that proposition. But allow me to go a little further, and there I should like to have the attention of my honorable friend opposite, {
Mr. DIXON. The Senator is mistaken; my proposition saves them also; it saves every man who has ever held the office.
Mr. HOWARD. Possibly I may be incor rect in the construction given to the Senator's amendment. But, sir,; put this upon the ground which I have mentioned, that of all living men the Present incumbent is in my opinion least deserving to be allowed the privilege of being elected POTUS However, that is a danger which need not alarm the most timid, for if there be any future imaginary event at which gentlemen of ordinary firmness and resolution ought not to be frightened it is the election of AndrewJohnson as POTUS I regard it as a mere chimera of the disturbed brain, not, I will say, of AndrewJohnson, but of those gentlemen who, a few months' ago, told us that with the banner of Johnson and State rights they were going to sweep the country, to reverse the Present order of things entirely and bring into these Halls a full representation of the southern States, which we had just conquered with our arms, and which they seemed to regard and now seem to regard as persecuted, injured communities. I will say no more upon this subject. I am entirely opposed to i. prolongation of the Presidential term.
Mr. WADE. I wish to inquire of the senator whether we cannot by law and without alteration of the Constitution fix the times of holding these elections, all of them.
Skip Skip MESSAGE FROM THE HOUSE. A message was received from the HoRep, by Mr. MePHERson, its Clerk, returning to the Senate, in compliance with its request, the bill (S.No.527) to amend the postal laws, and for other purposes. ENROLLED BILL SIGNED. The message also announced that the Speaker of the House had signed the enrolled bill (H.R.No. 183) concerning the fire dept of Washington city; and it was signed by the President protempore. POSTAL LAWS.
Mr. RAMSEY. I ask the consent of the Senfrom Ohio, who has in charge the measure now before the Senate, to pass it by informally and let us proceed to the consideration of the postal bill, which has been returned from the HoRep. I think it will take but a short time to pass it.
Mr. WADE. If that is a debatable measureI should not like to have it interposed.
Mr. RAMSEY. I imagine there will not be much debate upon it. I should like to have it disposed of now; if not it may not be reached this session.
Mr. WADE. I would rather it should go over to some other time, for I am afraid it will be debated.
Mr. RAMSEY. There was an understanding that when this bill came back from the House we should at once proceed to its consideration. With that understanding some of us withdrew our objection to its being sent for.
Mr. WADE. I am afraid I shall lose my measure entirely if I let it go over. If it is only proposed to take a vote on this bill I shall not object; but I do not know how far it may take up time.
Mr. RAMSEY. I Presume there is only a question about one or 2 sections of the bill, and it can soon be disposed of.
Mr. WADE. Well, Mr. President, as that bill has been dealt with in rather a short manner perhaps I had better give way to it; and I do so with the hope that it will not take long.
Mr. RAMSEY. I. that the special order be passed over informally by common consent for the purpose.
The PRESIDING OFFICER, (Mr. AN. THoNY in the chair.) That course will be pursued if there be no objection. The Chair hears no objection. The regular order of business is opassed over informally, and the bill (S.No.to amend the postal laws, and for other purposes, is now before the Senate, the pending question being on the mtRtv the bill was passed. The motion was agreed to.
Mr. FESSENDEN. I now move to reconsider the vote by which the bill was ordered to a 3rd reading. The motion was agreed to.
Mr. JOHNSON. I wish to ask the honorable member whether the measure is recommended by the postoffice Dept?
Mr. RAMSEY. All the sections have been recommended by the postoffice Dept and closely scanned by the committee, and the committee did not report favorably on them until they were perfectly satisfied that the postoffice Dept was proper and within lim its in asking for them. I have gone through the various sections of the bill as reported by the committee. 2 or 3 sections were added by way of amendment in the Senate which I can state very briefly. The 7th section provides for authorizing the PostMGenl to combine the 3 blank agencies into one and concen trate them here at the City of Washington. In that way, as I stated this morning, while the aggregate salaries will be increased about 1,000 dollars, economy is expected to be produced in the management of this branch of business which will effect the saving of 1000s of dollars. Another amendment added by the Senate was in reference to the compensation of letter carriers. We have received many petitions from the City of NewYork, signed by the principal merchants of the city, asking that additional compensation shall be allowed to the letter carriers there, who are some 100s in number. At Present, as I before stated, the maximum compensation allowed to them is $900 a year. The committee thought it but reasonable, and in this the PostMGenl agreed with us, to carry up the maximum $1, 200. Now, sir, I have covered the whole ground, and I really think upon reflection and reexamination the committee did nothing very improper in asking the Senate to pass this bill, and the Senate did nothing very wrong in passing it. I trust, then, that this action of ours may be sustained by the Senate.
Mr. SHERMAN. I suppose no one attrib utes to the Senfrom Minnesota anything wrong in the passage of this bill, but still I think it very right, having been passed in so thin a Senate, that it should have been reconsidered. My attention was called to the bill this morning for the 1st time, and I am glad that an opportunity has been given to reconsider it. I ask now for the reading of the section which was added as an amendment to the bill relative to the settlement of postmasters' accounts.
The Secretary read as follows: Abife: Thatt the PostMGenl be, and he is hereby, authorized to adjust and settle the accounts of postmastersoprior to the establishmentof the systemof salariesfor deputy postmastersupon the basis of equity and justice: Provided, That such settlement shall not include any case of official delinquency by any deputy post Inaster.
Mr. SHERMAN. I hope Senators will reflect a little upon the extensive power given by this section to the PostMGenl. It dispenses with the examination of Auditors and Comptrollers and the whole machinery of the Treasury Dept in all cases. claims made by postmasters before the passage of the recent act fixing salaries for those officers. In other words, the PostMGenl will be authorized to settle at his pleasure, upon principles of equity and justice, with every postmaster in the northern States, whether he be a defaulter or not.
Mr. CONNESS. The Senator is not correct in that statement.
Mr. SHERMAN. The only restriction is that the settlement shall not include any case of official delinquency by any deputy postmas ter. Now, what is “official delinquency?” When SCarolina went out, suppose a postmaster there had $10,000 in his oi.which he has not paid over to the Government; is that a case of official delinquency?
Mr. CONNESS. I understand it to be the section which provides that the PostMGenl may settle the accounts of postmasters on of equity and justice.
The PRESIDING OFFICER. That motion is in order. The question is on the motion of the Senfrom Ohio, to reconsider the vote adopting the section named by him.
Mr. SHERMAN. The Senfrom California has shown by his argument the danger of this section. According to this construction it does enable the PostMGenl, without limit or restraint, to give additional compensation to every postmaster from the foundation of the Government to the passage of the recent law.
Mr. SHERMAN. That is the power conferred. Let Senators read the section of law and see. The Senator asks me to propose some amendment to the section. Nothing of the kind is necessary. Prior to the recent law the mode of assessing the compensation of postmasters was fixed, and the amounts were adjusted by the proper Auditor of the postoffice Dept, and there is no difficulty in any person receiving all that is due to him from the Government of the U.S. for services as postmaster. Every person entitled to pay under the law can readily get it. If the law does not confer this authority we ought not to give to the head of a Dept the power to allow that which the law does not grant. If a postmaster, has a legal claim the way is open. Under these circumstances it is proposed to allow the PostMGenl to settle those accounts upon the basis of equity and justice.
Mr. CONNESS. What other basis should it be?
Mr. CONNESS. From the remarks of the honorable Senator one would suppose that this case would cover great claims. One would suppose that it would bring about a settlement which would require that the PostMGenl should pay money out of the Treasury, when the facts are the other way; that the postoffice Dept, through their Auditor, are prosecuting citizens on the assumption that they owe money to the Government.
Mr. SHERMAN. This would authorize the PostMGenl to overrule the decision of the proper tribunal.
Mr. CONNESS. The honorable Senator says that it is an unusual power to give to the head of a Dept. Why, Mr. President, the SecyTreasury has the power given him by law, and exercises it every day, of remitting to citizens when they have had property confiscated or proposed to be confiscated or condemned to o amount of 100s of 1000s of dollars, as in the cases of ships in the violation of the revenue laws of the U.S. The law authorizes that officer to review the entire case, and to grant relief by dismissing the proceedings and restoring the property.. If that authority were not given under the laws as they stand there would be the greatest possible hardship to citizens. Citizens would rise up against the administration of the law. The cupidity of a Government officer might lead to the utter ruin of the best men of the land. These are great cases, and the authority is full and plenary in the head of the dept; but the cases to which this section is to refer are cases involving 100 or 200 or mayhap 500 dollars of claims against deputy postmasters, where upon examination of the case the Dept are forced to conclude that an allowance ought to be made in equity to the postmaster, but the law was exact at that time and did not authorize the allowance to be made. The suit is pending; the man is ruined, or about to be ruined. Here is the spectacle of a great government crushing a man out who in a small and humble capacity endeavored to do the very best he could for the Government.
The PRESIDING OFFICER, (Mr. Pomeroy in the chair.) The question is on the motion of the Senfrom Ohio, to reconsider the vote adopting the section which has been specified.
Mr. CONNESS called for the yeas&nays; and they were ordered.
Mr. SHERMAN. I wish simply to answer one remark made by the Senfrom California. He alludes to the power invested by law in the SecyTreasury in cases of penalties. There is no authority vested in the SecyTreasury like this. The Senator will look in vain in any law to find any such authority granted to any head of dept.
Mr. CONNESS. It is a very much greater authority.
Mr. SHERMAN. Not at all. In certain cases where seizures are made and forfeitures incurred the Secretary may relieve parties from penalties, and the cases are restricted by the law; but he has never been authorized to draw money from the Treasury on principles of equity and justice. That power H. never been granted.
Mr. CONNESS. I desire simply to say that it is an equity power strictly that is given to the SecyTreasury in those cases; that when he decides he overrules the judgments of courts and the law, because there is equity in the case.
Mr. HEN DRICKS. I wish to ask the Senfrom California what is the exact class of cases which will be submitted to the judgment of the PostMGenl if this section i becomes a law..
Mr. CONNESS. They are cases of a very limited class where the% age was the only compensation a to the deputy postmasters, but when they were, perhaps, what are termed separating offices, for which the law made no provision; where the office was required to be kept open every night, and a man kept on service; where a building suffi. cient to receive a large and overwhelming mass of mail matter had to be provided, and yet the law made no provision to compensate the man, and the postmaster went on performing those duties with the expectation that the Dept would make an allowance thereafter.
Mr. MCDOUGALL. Gentlemen have spoken about equity and law. Probably it would be well that we should understand what equity is and what law is. Whether we consult Lord Baconor Lord Coke; whether we take the continental jurists or take the common law lawyers, equity is law, and equity has the same foundation as the common law. It is the law of the country. What the law does not justify equity does not afford. It is true that in ancient times, under the severe rule of the common law, the chancellors of England introduced from the Continent the continental jurisprudence, and it has received the name or style of equity; but what is that but simple justice, what is that but simple law? Equity is law only in a different form, and to be informed properly we must understand that there is no difference between the common law and the civil law when you come down to their real principles, because they all have the same foundation, and there is no such thing as equity in the understanding that it is out of the complaisance of the officer to grant a favor. Lord Bacondid not do that. The law as administered in the high court of chancery is altogether contermine us with the common law of England. The common law of England is the same thing with the law of the Continent, only they use different terms, different styles, and different manners, but all seek the same result, and that is exact right.
Mr. FESSENDEN. I cannot help thinking that this is a very dangerous power. I have always been opposed to bills giving the head of a Dept or anybody else power to settle claims upon the principles of equity and justice, because that leaves them entirely to his discretion to do precisely as he pleases. Most of the difficulties that we have had about claims have arisen from power given in such terms. Much of the complaint of the undue exercise of power in the payment of money that ought not to have been paid has arisen out of such legislation. If it were possible for the Postmastar general himself to sit down and examine these claims personally and ascertain what should be done with them, it would not be so bad; but everybody knows that neither the PostMGenl nor any other head of a Dept can give his personal attention to anything of that sort necessarily puts it into the hands of a clerk, and a clerk is open to influences, as all men are more or less. The PostMGenl cannot even revise what he does. Everybody must see that these claims may be almost innumerable. There is no limit. It applies to all accounts of postmasters existing prior to the law establishing salaries. It is sifmply saying that all of them who may have, or may think they have, equi table claims according to good conscience, may come forward and Present them to the PostMGenl, and he puts them into the hands of a clerk to examine them. The power to this extent, it strikes me, is very dangerous, and such as we ought not to grant to anybody. I must therefore vote in favor of the motion to reconsider this portion of the bill. The question being taken by yeas&nays, resulted yeas 16, nays 22;–14. So the motion to reconsider did not prevail.
Mr. SHERMAN. I move in section 6, line 5, to strike out the words “with the chief clerks of the 3 bureaus and the topographer of the postoffice Dept;” and in line 8 of the same section to insert after the word “clerk” the words “of the 4th class;” so as to make the section read: That the PostMGenl be, and he is hereby authorized to appoint in the bureau of the SeconAsst PostMGenl a superintendent of domesticmails and a superintendent of inspection, who shall each receive an annual salary of $2, 500; alsoto appoint anadditional clerk of the 4th class to be in chargeof mail bags, &c.
Mr. RAMSEY. I think, considering the important duties of the chief clerks of these several bureaus, a salary of $2, 500 is not too much, and probably not more than is paid for equivalent service in other Depts.
Mr. HENDRICKS. How far does the proposition which it is proposed to strike out extend?
Mr. RAMSEY. To the chief clerks of the 3 bureaus in the postoffice Dept, the bureaus of the 1st Asst, 2nd As sistant, and 3rd Asst Postmasters gengoo.” proposition is to make the salaries ow.
Mr. SHERMAN. This involves the whole question of raising the salaries of the chief clerks of all the bureaus in the various Depts who now get $2,000.
Mr. RAMSEY. I do not see that that necessarily follows.
Skip Skip The amendment was agreed to. The bill was orderengross for a 3rd reading, and was read the 3rd time. Mr. SHERMAN. I call for the yeas and on the passage of the bill. he yeas&nays were ordered; and being taken, resulted yeas 29, nays 6; 17. So the bill was passed. AMENDMENT TO CONSTITUTION.
Mr. DIXON. I expected to have an opportunity today to say a few words on the amendment which I proposed to offer to the resolution of the Senfrom Ohio, but as the hour is now late, and as I understand the Senfrom Oregon intends to ask for an evening session, and as it is impossible for me to be here this evening, I desire to say that instead of offering my proposition as an amendment to that resolution I shall offer it as an independent proposition. If there be no objection, I suppose it may as well be offered now, and I therefore ask leave to submit it at this time. By unanimous consent, leave was granted to introduce a JtResolution (S.R.No. 169). an amendment to the Constitution of the U.S.; which was read twice by its title.
Mr. SUMNER. Is that the proposition the Senator Presented the other day?
Mr. SUMNER. I regard it as a delusion and a snare, and Pwant to say so at once.
Mr. DIXON. I will say in reply to the senator that I was in hopes to be able to say a few words today in defense of the proposition, but at this late hour, just on the eve of the recess, I will not attempt to do so; but I give notice, however, that I shall call up the resolution at an early day if the Senate will allow lmiee to do so. I move for the Present that it on the table. The motion was agreed to. RECESS.
Mr. WILLIAMS. I move that the Senate take a recess until 7 o'clock.
Mr. CRESWELL. Before that is done I should like a few minutes for the consideration of House amendments of the Senate bill No. 491.
Mr. WILLIAMS. I cannot consent to with draw the motion.
Mr. SUMNER. I wish to have an understanding as to the business we are to proceed with this evening.
Mr. CONNESS. There can be no understanding of that kind.
Mr. W?os. The Senate adopted a resolution the other day providing a session for this evening for the purpose of considering the extra compensation resolution. I expect that the resolution will be considered; and whether other matters will or will not be considered will be for the Senate to determine.
Mr. SUMNER. I understand that that measurewill be in order.
Mr. WILLIAMS. It will be in order and have priority, as I understand, according to the resolution of the Senate. The motion was agreed to; and the Senate took a recess tiliseven o’clock p.m. EVENING SESSION. The Senate reassembled at 7 o’clock p.m. BILL INTRODUCED.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.591) to amend an act entitled “An act to aid in the construction of a railroad and tele graph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other oapproved July 1, 1862; which was read twice by its title, and referred to the ComPacificRR. CONSUL AT CADIZ.
Mr. POMEROY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, That the SecyState be requested to report and transmit copies of any correspondence on file in the Dept of State relating to the manner in which our consul at Cadiz has transacted the businessof his office, particularly relating to any sutpaotnementor documentsof the Spanish Government the of the invoices of winesshippedto the U.S. coMPENSATION OF CIVIL EMPLOYees.
Mr. WILLIAMS. I move that the Senato proceed to the consideration of House JtResolution No. 224. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 224) giving additional compensation to certain employees in the civil service of the Government at Washington; the pending question being on the amendment proposed by Mr. RAMs EY to the amendment of Mr. WILLIAMs, to insert in line 13, after the word “navy. ard” the word “arsenal.”
Mr. RAMSEY. When this resolution was up before I moved this amendment. As I said then, I can see no very good reason why there should be a discrimination against the employees in the arsenal. They are very numerous, and their compensation, I believe, is not greater than it is in the other Depts of the Government. We all recollect the great catastrophe that occurred there last summer. There is more peril connected with employment in that particular branch than in any other. These people are sitting upon a powder magazine all the time. If there is any apology, and there is of course, for this increase of compensation, I think it is as justly due to these people as to any others in the service of the Government in the city of Washington. ‘
Mr. WILLIAMS. I think the amendment proposed by the Senator will not embrace the persons whom he desires to benefit, because the amendment of the ComFinance, offered by me, confines this increase of compensation to the persons employed in the offices, and does not extend it to the employees and laborers who may be engaged in the navy yard; so that the Senator's amendment would only include the clerks and those persons who may be employed in the office of the arsenal, if there be such a place. I am not advised as to whether there is any distinct office connected with the arsenal or not; but the senator will see by looking at this resolution that it is confined exclusively to the persons who are employed in the offices. I have only to say that if there be any sueh place as an office of the arsenal I do not know that there is any objection to this amendment, but it will not reach the employees and laborers in the arsenal.
Mr. RAMSEY. Probably a further amendment will be necessary to reach all the cases; but this will comprehend, at any rate, a larger class than the resolution as it stands does, and I do not think there can be any objection to it. There probably is there must be, it cannot very well be otherwise an office connected with the arsenal, and it will at least reach that class of persons. I cannot see why they should be omitted. I suppose the Senator will agree to that.
Mr. WILLIAMS. I have no objection to that.
Mr. RAMSEY. Then I will for the Present let it rest there.
Mr. WILLIAMS. I have no objection to the amendment in the form it is Presented.
Mr. HENDRICKS. If we commence to extend this appropriation beyond the Depts proper, in my opinion the resolution will become embarrassed and will lose sup.port. There are navy yards and arsenals elsewhere that can as well claim this relief as those establishments in this city. I should feel myself bound to move to include the arsenal at Indianapolis if it be extended to the arsenal in this city.
Mr. RAMSEY. Then you might as well move for the same reason to include the navy yard at Philadelphia, the navy yard at Brook lyn, &c.
Mr. HENDRICKS. I will say to the senator that I do not rePresent either of those navy yards, Ior would do so.
Mr. RAMSEY. If there be any establishment in Indiana or elsewhere
Mr. HEND RICKS. I believe there is no navy yard in Indiana. There is an arsenal there.
Mr. RAMSEY. The arsenal here is a branch of the War Dept. So it is not liable to the objection the Senator urges.
Mr. GRIMES. I understand that the idea embodied in this resolution is to increase the salaries of those persons whose salaries are now fixed by law. Now, if the Senfrom Minnesota shows that the salaries of the clerks in the arsenal are already fixed by law and that they are too low, then he will have given sufficient reason for the adoption of his amendment; not until then. I suppose that no one here knows what these salaries are, and until we are informed we cannot vote understandingly upon it. So far as the workmen are concerned their pay is not fixed by law, and it fluctuates according to the value of labor in the market. It is precisely so with those who are employed at the navy yard. Their pay is not fixed by law. It is one price one year, or one season of one year, and another price at another. The law as now established is that the pay at each of the navy yards shall be that which is paid for a corresponding species of work in adjacent ship yards, and it goes up or down according as other labor falls or rises. I suppose that the same is the case with regard to the arsenal. But I agree with the Senfrom Indiana, that if we want to pass any bill at all on this subject we have got to cease loading this measure down with amendments to include everybody in the city of Washington.
Mr. RAMSEY. I regret that after I had the consent of the member of the ComFinance who has this resolution in charge, the Senfrom Iowa, should have felt it his duty to oppose so reasonable an amendment as this. If there are no clerks receiving regular annual salaries in the arsenal, then of course no one will be benefited by this amendment. If there are clerks there, all those receiving over 3,500 dollars a year cannot participate in it; but if you say that $2,000 or $2, 500, the wages of a clerk in any Dept is not enough, and you propose to give him 20% and I agree that you should, what possible objection can there be that he does d: service in the arsenal rather than in the navy yard or in the Treasury Dept or elsewhere 2Isuppose the theory of this resolution is that the compensation of the government clerks in the city of Washington, owing to the increased price of living, is not sufficient; and certainly that reason applies as well to the clerks who may be employed in the arsenal as to any clerks employed in any other branch of the Government service in Washington.
Mr. GRIMES. I am not aware that this resolution is to be acted upon and passed solely upon the recommendation of the ComFinance or of any member of it; nor do I suppose we can throw off from our should ders our share of the responsibility of either passing it or rejecting it. When the Senator shows to us that there are clerks in the arsenal, and that their salaries are too low, it will be time enough to increase them. He has failed to show us that. It seems to me that the whole case is embraced in a nut shell. When ever we are convinced that the salaries are too low I am ready to vote for an increase, but we may place ourselves in the anomalous position of giving greater pay to the clerks of the arsenal than is now enjoyed under the law by those who are their superiors in rank and who have the control of them. We do not know that. But in regard to the clerks in the depts, we know what their compensation is, for we have fixed it by law, and there is no possibility for it to be raised unless it be by such action as the Senfrom Oregon proposes. But can the Senfrom Minnesota tell me that it is not within the power of the SecyWar to increase the compensation of these clerks at the arsenal? According to my recollection of it the pay of each of those clerks is fixed by the SecyWar, as it is in all the arsenals and armories in the country, and there is no legislation confining him to any particular sum.
Mr. RAMSEY. Very well; I do not wish to o: the debate further. If all salaries under $3, 500 be too little in the other Depts they must for the same reason be too little in the arsenal.
Mr. WILLIAMS. I hope Senators will confine their discussions to the questions before the Senate; otherwise we shall not be enabled to proceed with the business. The question now before the Senate is as to whether the clerks in the office of the arsenal shall receive the same compensation as the clerks in the other Depts named in this resolution. I am not advised as to whether or not there is an office in the arsenal to which the amendment would apply; but if there is such an office the clerks of that office of course are paid like other clerks, and they ought to receive the 20%. But whether the workmen and laborers in the navy yard shall be paid 20%. upon their wages is another and a different question. I hope the Senate will vote upon this proposition, and then if the Senfrom Ohio offers his amendment it will be time enough to consider it.
Mr. MCDOUGALL. I desire to ask the Senfrom Kansas one question. This amendment involves the clerks in the arsenal. I desire to ask him where is the distinction between the clerks in the arsenal and the clerks in the other Depts of the Government? I cannot understand why they should not have the same pay.
Mr. POMEROY. I reply, as it has been measurably answered already, that the salaries of the clerks in the other Depts of the Government are fixed by law, and cannot be increased without law. The compensation of the clerks in the arsenals and those employed at various posts about the country is not fixed by law, but can be increased by the person employing them.
The PRESIDENT protempore. The question is upon the amendment proposed by the Senfrom Minnesota to the amendment of the Senfrom Oregon.
Skip Skip The question being put; there were, on a division ayes 12, noes 9; no quorum voting. Mr. BUCKALEW called for the yeas&nays, and they were ordered; and being taken, resulted yeas 20, nays 8;–24. So the amendment to The amendment was agreed to.
Mr. WILLIAMS. I move to amend the amendment by inserting in line7, after the word “watchmen, ” the words “including enlisted men detailed as such.” I make this motion because the amendment was intended in that respect to correspond with the resolution as it passed the House. It is my opinion that the words now employed in the amendment would include such persons, but a doubt has been exPressed as to whether enlisted men who have been detailed to perform the duties of clerks and messengers and watchmen in these different Depts would be included unless exPress language be employed for that purpose. I therefore move this amendment, not to add anything to the resolution, but to remove all doubt as to its meaning and effect.
Mr. WILSON. I desire to ask the Senfrom Oregon, who has the care of this resolution, if he means to give the soldier who is detailed as a clerk, this 20% upon his or and also his rations and quarters? This ought to be so in order to put him on the same footing with other clerks. His pay is now made up of 3 items: pay proper, rations, and quarters. You ought to provide in this amendment that he shall receive 20 E. cent, upon his entire pay in order to put im on the same footing with the others. "If that is the understanding, I do not know that it need go any further.
Mr. WILLIAMS. That would be my understanding of the effect of the amendment if it is made.
Mr. KIRKWOOD. If there is any doubt of that being the correct understanding, it should be made clear. There are enlisted men in the War Dept and perhaps in other Depts I do not know about that who are doing the entire duty that clerks are doing in their Depts, for which they are receiving $1, 2$1, 400, while those enlisted men receive only from $900 to $1,000. They are almost all wounded soldiers; and if any men should receive an increase of compensation they should, and if there is any doubt as to the meaning of the amendment it should be made clear.
Mr. WILLIAMS. I think there is no doubt whatever about it, because the amendment is made at the suggestion and in accordance with the wishes of these men, and the language is the language which they desire to have employed. They understand what their interests are in that respect, and will be satisfied with this amendment and this phraseology.
Mr. WILSON. I suggest the addition of a few words, which the Clerk will read. If the Senator is not satisfied to accept the modification I will not Press it.
The PRESIDENT protempore. The Senfrom Massachusetts suggests the following alteration. It will not be admissible to receive it as an amendment, because the pending amendment is already in the 2nd degree.
Mr. WILSON. I ask the Clerk to read it, and if the Senator is satisfied with it he can accept it, and if he is not I will not Press it.
The Secretary read the words proposed, as follows: “to be computed upon the gross amount of compensation received by them;” so as to make the clause read: mTeossceinvgilerosf, afincedrws, attecmhmpoerna, riyn, calunddinagll conthliestrecdlemrkesn, detailed as such, to be computed upon the gross amount of the compensationreceivedby them.
Mr. WILLIAMS. I have no objection to that that I know of.
The PRESIDENT protempore. Does the Senator accept it as a modification of his amendment to the amendment?
Mr. WILLIAMS. Yes, sir. The amendment to the amendment, as modified, was agreed to.
Mr. TRUMBULL. I should like to inquire of the Senfrom Oregon why the offices of the Surgeon General and Commissary General are not as well included in this resolution as the offices of the QuarterMGen and PayMGen? There are clerks in the Surgeon Generafs office. It seems to me, if you include the clerks in the Bureau of Refu ees, Freedmen, and Abandoned Lands, the Xommissary General of Prisoners, the PayMGen, and the Coast Survey, you ought also to include the clerks in the offices of the Surgeon General and the Commissary general.
Mr. WILLIAMS. I suppose the language employed in this resolution will include those offices. It would be my opinion that it would include the Commissary General without any specification, because it provides for compensation to civil officers and temporary and all other clerks and employees, male and female, in the Dept of War, or in any bureau or division thereof. Isuppose this language is the same language that was employed in the resolution as it passed the House. The words “Commissary General of Prisoners” are inserted here I suppose to remove all doubt. I am not very well advised as to the manner in which the War Dept is constructed, but I suppose there was some doubt as to whether the office of the Commissary General of Pris oners is a bureau or a division of the War dept, and so it was included specifically.
Mr. TRUMBULL. Is there any doubt about the offices of the PayMGen and QuarterMGen being branches of the War Dept? Why are they mentioned? Does not the very fact of particularizing the offices of the QuarterMGen and the PayMGen make it necessary to particularize tue others, upon the familiar principle that where you specify certain things in a law you exclude the others that are not specified? If these specifications were all left out and the resolution was left to stand upon the general language in the 1st part of it, it might embrace them all; but when you proceed to specify and specify the QuarterMGen’s office and do not specify the Commissary Generafs office, it would seem to me that the legal construction I submit that to the Senfrom Oregon would be, that the Commissary Generafs office would not be embraced.
Mr. WILLIAMS. I will state to the Senator that the intention is not to specify the QuarterMGen’s office. That is a misprint. The original was “quartermasters, ” and was so intended to be, and the word “general” should be stricken out and the letter “s” added to “quartermaster” so as to read “quartermasters” and not “quarterMGen.”
Mr. GRIMES. So as to include quartermasters' clerks?
Mr. WILLIAMS. Yes, sir. I will state that this resolution is intended to provide for the clerks and employees in every bureau or division of the War Dept, and then it proceeds to specify certain offices connected with its different depts, about which some doubts would seem to exist in the minds of some persons. If the Senator was aware of the constant applications that have been made here, and the suggestions that have been offered, as to whether this resolution did or did not apply to certain offices, he would see the necessity of these specifications. After providing for every bureau or division in any of the Depts it proceeds to say, “and in the offices of the Coast Survey, Naval Observatory, navy yard, PayMGen, including the division of referred claims.”
Mr. WILLIAMS. The word “PayMGen” was introduced there to embrace the division of referred claims, about which there would seem to be some doubt. I did not frame this part of the resolution. It is copied from what was agreed to by the House. I suppose the word “PayMGen” was inserted for the purpose of including the division of referred claims, because there was some doubt as to whether or not that was a division of the War Dept; and it also proceeds to include the Commissary General of Prisoners, the Bureau of Freedmen, Refugees, and Aban doned Lands, the quartermasters, the Capitol and Treasury extension, &c. I am very clear that these specifications, in the way they stand here, would not necessarily exclude any other bureau or division of the War Dept. No such construction could be put upon this language, because it would not be a reasonable construction. These different offices that are specified here are such as perhaps do not regularly fall within these different Depts. There can be no doubt, as it seems to me, that the general language is sufficient to embrace every division and bureau of the War Dept. Now, I will say as to the quartermasters, that the business of the QuarterMGen’s dept, as I am advised, is to some extent divided among the quartermasters located here in Washington, and these quartermasters, employ clerks who are engaged in performing the precise duties that the clerks in the QuarterMGen’s office perform.
Mr. TRUMBULL. Allow me to suggest that there are paymasters and commissaries in the city of Washington who have clerks performing these precise duties, who are not in the PayMGens or the Commissary Generafs office, just as there are quartermasters here with their clerks. If it is necessary to put in the word “quartermasters”, to include the quartermasters' clerks, manifestly it is necessary to put in “paymasters” and “commissaries” in order to include their clerks, if it is intended to include them.
Mr. WILLIAMS. I have no evidence that such is the fact.
Mr. WILLIAMS. I know there are paymasters in the city, and no doubt those paymasters have clerks; but are they performing duties that pertain to the office of PayMGen?
Mr. TRUMBULL. Just as much as the quartermasters here perform duties pertaining to the office of the QuarterMGen. '
Mr. WILLIAMS. I do not think the honorable Senator knows that to be the fact. I resume if Fo that was the fact, these clerks would made application for the benefits of this I know there are pay resolution; but no such application has been made from any of the officers referred to by the honorable Senator. Application has, however, been made by the: in the offices of the quartermasters in the city, because they were performing duties that ought to have been performed in the QuarterMGen’s Dept, but the business that belongs to that dept has been distributed among the different quartermasters in the city, so that their clerks are performing the identical duties that the clerks in the QuarterMGen’s Dept perform, and are therefore entitled to the same pay. such were the rePresentations that ware made, and their statements were credited, and on that ground they were embraced within the provisions of this resolution.
The PRESIDENT protempore. The Senfrom Oregon moves to amend the amendment by striking out in line 16 the word “General, ” and adding the letter “s” to the preceding word “quartermaster, ” so as to make it “quartermasters.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. After the word “buildings” in line 18 I move to insert “to the photographer and asst photographer of the Treasury Dept.” These are 2 men whose salaries are not fixed by law, but who are very deserving. They are civil officers and regularly employed there. The amendment to The amendment was agreed to.
Mr. MORRILL: I move to amend by inserting after the word “office” in line 17 the words “and the customhouse and city postoffice at Georgetown.” The duties of these officers are certainly on a parwith those provided for in the resolution; they are as essentially under our care as those in this city; they are as deserving. Their expenses of living are as high as those of employees in this city. They are as essentially officers of the Government as the employees in the city Fo office in this city. I can see no reason why the discrimination should be made.
Mr. WILLIAMS. I hope the amendment proposed by the Senfrom Maine {Mr. MoR RILL] will not be adopted. Application was made by these persons to the ComFinance, and we took into consideration their claims; and the opinion of the committee was that it was necessary that the effect of this resolution should be confined to the city of Washington. If we undertake to go beyond Washington and include Georgetown the argument on which you extend the resolution to George town will make you extend it to other places and cities outside of this District. There must necessarily be some limit to the operation of this resolution. It isoby this resolution simply to increase the compensation of the clerks and employees in the different Depts in Washington, and the argument upon which it proceeds is that the expenses of living in Washington have been greatly enhanced, and that to enable the clerks and employees in these Depts to obtain a respectable livelihood it is necessary that they should have this increase of salary. The clerks in the customhouse and ooffice at Georgetown receive 8 or 900 dollars per annum, I believe, and we have not been advised that their duties are particularly arduous, or that the amount which they receive is not an adequate compensation for their services. But the chief objection to this amendment is that it opens the door for other amendments, and it is one step toward loading down this resolution with amendments that will effectuate its defeat. I hope, therefore, the amendment will not be adopted.
Mr. MORRILL. I do not intend to occupy the attention of the Senate on this subject; but it is clear to my mind that the honorable Senator fails to raise a distinction between employees of the Government in the city of Washington and in the city of Georgetown. I should like to know if the honorable Senator means to say that Georgetown is not as much a portion of the national capital as the city of Washington? I should like to know whether the ComFinance desire to establish an invidious discrimination among the employees of this Government against those who o to live just outside of the limits of Washington? I maintain that an employee of the Government is as meritorious, and he stands in precisely the same relations to the Government of the U.S. in the city postoffice in Go as he does in the city postoffice in Washington, and I might argue, if I had the time, that he is 1000fold more meritorious. Why, sir, 100s of 1000s of dollars are expended here in this city of Washington, and the residents of this city are the recipients of it, to a single 1,000 that is spent in Georgetown. I submit, therefore, that on principle there is no ground for the exclusion.
Mr. POMEROY. The resolution includes employees of the navy yard.
Mr. MORRILL. The navy yard is within the city limits of Washington, I believe, although it is further off than Georgetown; but the idea of a distinction between the employees of the Government in Washington and in Georgetown is absurd in principle. On the score of merit this application is 1000fold stronger. We are told that 8 or 900 dollars a year is given to men who toil from morning till night in the postoffice and customhouse at Georgetown, and it is not proposed to give them anything additional, while you propose to raise young lads who are performing the service required in the Depts here at $1, 200. I submit, Mr. President, that if the resolution is to pass at all there should be a discrimination of this kind.
Mr. CONNESS. I had supposed that the basis of the application for an increase in Washington was because of excessive expenses here and the high cost of living. If Georgetown is to be added I do not see why we may not add all the towns west of the Rocky mountains, where expenses exceed those in Georgetown. The zeal on the part of the Senfrom Maine in behalf of a part of the District that he so, I was going to say, arbitrarily governs; but that is not the word undertakes to govern I cannot understand unless he shall apply his care and sympathy also in the direction. indicated, across the Rocky mountains. If the Senator will only change his amendment so as to give it that application I will vote with him. And I think that by extending his affendment erhaps all over the Union he may get a very arge vote in the Senate for it.
Mr. MORRILL. My honorable friend does not show his usual astuteness. He fails to see a distinction between the inhabitants of this district, which is the capital of the nation, and those that are entirely outside of the capital, outside of our limits. Then, I hardly think it is worth while for me to argue to the honorable Senator. What I was saying is that this district, including Georgetown, is the capital of the nation, and I insist upon it that Washington city is not the entire capital of the nation; and this is a resolution purporting to provide additional compensation for the employees of the Government where? At the national capital.
Mr. MORRILL. It has no title, I believe. Yes, it is “A JtResolution giving additional compensation to certain employees in the civil service at Washington;” that is the title. Of course they do not mean by “Washington” this corporation, to the exclusion of the rest of the national capital.
Mr. WILSON. How about the county of Washington?
Mr. MORRILL. They have not got any officers there.
Mr. HENDRICKS. I suppose that the reason the clerks in the postoffices were omitted was because the PostMGenl fixes their salary. As I understand, he has a fund under his control, and he says what salary the clerks shall receive and how many clerks there shall be in a particular postoffice. I supposed that applied to the postoffices at Washington and Georgetown and elsewhere; therefore I thought it very strange that the clerks in the city postoffice here should be provided for when the entire relief is within the control of the PostMGenl. He fixes their salary arbitrarily, as I understand, and whether they get more or less than clerks in the Depts for performing like duties I do not know; it would depend on the discretion of the PostMGenl. All the postoffices ought to be included or else this one should be stricken out.
Mr. FESSENDEN. I have not myself been able to see why the city postoffice was put in at all, and precisely for the reason stated by the Senfrom Indiana. There is a fund out of which they can be paid all that it is necessary they should receive, and they will receive all that they ought to receive. That matter is at the discretion of the head of the postoffice Dept. Now, why we should undertake to add 20%. in cases of that description I do not know. The amendment to the amendment was rejected.
Mr. JOHNSON. Has it been moved to amend by striking out the provision for increased pay of officers in the postoffice in this city? It seems to me, for the reason stated by the Senfrom Maine and the Senfrom Indiana, that it is entirely at war with the general system of the postoffice. The PostMGenl can increase the pay as he thinks proper; or if that is not so, and we are to o: for the officers in the city postoffice, the same reasons would apply to those in the same kind of office in the city of George town. If it be in order, therefore, I move to strike out that provision in relation to the city ost office.
The PRESIDENT protempore. It is proposed to amend the amendment by striking out in line 17 the words “city postoffice.”
Mr. WILLIAMS. When the resolution came from the HoRep it included these words, “city postoffice.” No change was made in that respect by the ComFinance of the Senate. It is true that the sal aries of the clerks in the city postoffice are not fixed by law, but the postmaster of the office does not feel justified in adding anything to their pay unless authority is given by the provisions of this resolution; and these clerks do to some extent perform duties similar to those of other clerks in this city. Everybody knows that the city postoffice here is a necessary part of the public buildings of the city of Washington, and that there is a very large amount of business transacted in that office for the benefit of the Government; and it is to all intents and purposes used for the benefit of the government as well as of the citizens who reside in the city of Washington. I state these facts for the consideration of the Senate. Of course I have no particular interest in the matter further than to say that these clerks in the city postoffice as well as the postmaster claim that they ought to have their pay increased as well as others for the considerations which I have named; but if it pleases the Senate to strike the city postoffice from the resolution of course I shall not complain.
Mr. JOHNSON. I do not object to an increase of the pay of the employees of the city ost office if it is too low. The only question is whether we are to decide that or the PostMGenl. Suppose we add 20%. now to the salary which he has already fixed, he may give them 20%. more directly, or in some way that he thinks proper. We have not the whole matter in our control. If we think 20%. added to the amount they now receive is the sum which they should receive we had better negative the power of the PostMGenl to increase that sum. My sole object is to leave the law as it stands; he is better able to tell than we are whether there should or should not be an increase in their compensation.
Mr. HO WARD. I understand that the corps of employees in the city postoffice perform a great deal of very hard labor, and that as compared with the other employees in the Depts here they perform more labor and spend more of their time actually in the public service, night and day, than other employees of the Government. They have not any regular rest even upon Sundays, such is the Press of business in that office; and from what I know of the state of things there I certainly am unwilling to strike out the words proposed by the honorable Senfrom Maryland. I think if there are any set of clerks in Washington who deserve this increased compensation it is the clerks in the city postoffice, and I hope the Senate will not strike out these words.
Mr. HENDRICKS. I should like to ask the Senfrom Michigan or the Senfrom Oregon, what is the compensation now allowed? As the Senfrom Michigan thinks it is a more meritorious claim than that of any of the clerks in the Depts, many of whom render very high and important service to the Government, I should like to know what allowance is now made.
Mr. HOWARD. I am informed on very good authority that although there is no regularly fixed compensation for the employees of that office, the average amount is a very little over 1100 dollars a year. That is all the information I am able to give the Senfrom Indiana on that subject. It is obvious that in this place it is not very convenient for a man to live upon $1, 1lay up anything for old age or a rainy day, as he and I are anxious to do, by turning an honest penny.
Mr. MCDOUGALL. Nearly every one who knows anything about postoffice business, knows that the clerks in the postoffice here, and generally in the large postoffices through out the country have more severe duties to perform than clerks anywhere else. I should not think I was departing from a sound judgment if I were to say that they render double the service that is rendered on an average by the clerks in the Depts here. They are not at rest either by night or by day. The service requires intelligence, promptitude, exact attention, and complete execution. What is proposed here is to add to their now assigned compensation 20%. The reason is that while it is within the power of the dept or the postmaster to compensate up to the Present maximum, he does not feel authorized, except by some resolution of Conss, to place the employees in the postoffice in the city of Washington on the same footing with the employees in the various other Depts of the Government. I believe they labor much more; I believe that their duties require more attention; I believe they should be just as well considered, and I see no good reason why they should not be put in this resolution in the category of other employees of the government for an advance of compensation. The amendment to the amendment was rejected.
Mr. TRUMBULL. I move to amend by striking out all after the word “annum ” in the 32nd line to the word “provided “ in the 37th line. The words which I propose to strike out are “nor to any person whose salary has been increased by law since the 30th day of June, 1864, except those clerks in the office of the QuarterMGen whose pay was equalized with that of 1st class clerks by act of July 28, 1866.” The effect will be simply to make that proviso read: Prorided further, That the resolution shall not apply to personswhosesalaries as fixed by law exceed $3, 50oper annum.
Mr. WILLIAMS. So far as I am concerned I shall make no objection to the amendment proposed by the Senfrom Illinois. I do not know what the other members of the ComFinance may think, but my opinion is that the resolution ought to be amended in that respect.
Mr. TRUMBULL. I am very happy to know that the Senator having the resolution in charge consents to the amendment, and his consenting to it relieves me from the necessity of saying anything about it. The object of striking out these words is to allow persons whose pay has been increased since 1864 to have the of the 20%.
Mr. FESSENDEN. Why not strike out the next proviso, which excludes those persons whose pay has been increased merely tempo rarily in one Dept?
Mr. TRUMBULL. The objection which I should have to that I will state in a moment. The effect of striking out the words which I have proposed to strike out will be to bring within the provisions of the resolution those persons whose salaries have been increased within the last 2 years, and particularly the female clerks whose salaries were increased, I believe, from $720 to $900, and who would be excluded from the benefit of the resolution as it now reads. If these words are stricken out they will be embraced. The reason why I have not included the other proviso in my motion
Mr. FESSENDEN. Those mentioned in it are persons whose salaries have been increased, not permanently, but only temporarily.
Mr. TRUMBULL. The Senfrom Maine met my approbation.
Mr. FESSENDEN. The objection was as to the manner.
Mr. TRUMBULL. Yes. The proviso to which the Senator refers applies to those persons in the Treasury Dept who received a part of the $150,000 or the $250,000 fund which was given to the SecyTreasury to disburse there among the clerks.
Mr. CONNESS. Why should they not receive the benefit of this resolution?
Mr. TRUMBULL. The reason they should not receive it is because they have had this bonus already. They have received it from what I thought was a very injudicious appropriation: placing $250,000 in the hands of the SecyTreasury to be disbursed among his favorites in the Dept. I do not wish to go over that argument again.
Mr. CONNESS. The clerks are not responsiblefor that.
Mr. TRUMBULL. The clerks have got the money, and I do not care about including them now in the appropriation of 20%. that is made to other clerks. If the Senate think proper to strike out the other proviso, I shall say nothing further about it; but I will not make a motion to do it. I trust the words I have moved to strike out will be stricken out, and then if any other Senator thinks proper to move to strike out the last proviso, and the Senate agree to it, very well.
Mr. FESSENDEN. The Senfrom Illinois made the remark that he did not wish to apply this extra compensation to those persons who were paid from the fund which was distributed by the SecyTreasury among his favorites. On that point, in order that an end may be put to that sort of remark, I wish to say that I have authority for the statement that the Secretary made the distri bution in the various bureaus on the recommendation of their heads. The Secretary directed the heads of bureaus to recommend for extra compensation those chiefs of divisions or clerks performing important duties analogous to those of chiefs of divisions who in their judgment should receive the extra compensation, and the distribution was made on the basis of merit and efficient service, regardless of the former or Present polities of the recipients. In view of this statement, I hope nothing further will be said about the money having been distributed by the SecyTreasury among his favorites.
Mr. WILLIAMS. I consented to the amendment proposed by the Senfrom Illinois because I have made some examination, since the report was made, and I find that the increases referred to in the proviso have generally been increases to equalize the salaries of persons who were performing duties similar to those performed by other persons, so that all persons occupying similar positions in the Depts and performing, similar duties should receive equal pay. If this proviso were left in the resolution in its Present shape, the result would be that some persons would receive 20%. upon their salaries and others would receive nothing, while they all perform precisely, the same duties and are by law entitled to the same pay. I think that would be manifest injustice, and therefore this proviso, ought not to remain, in the resolution. At any rate, it refers to but few persons, with the exception of the ladies, whose com: pensation has been increased since 1864. I am satisfied that most of these ladies, who are engaged in copying and counting, perform duties which are equal in all respects to similar duties performed by men who receive $1, 200 a year; and if they were discharged it would be necessary to employ men who would do no more work than they do, and the Government would be compelled to pay those men $1, 200 per annum, while now they pay these ladie. but $900 for their services. If a woman performs the same service in a Dept that a man can perform, I see no reason why she should not i.perhaps not equal pay, but at any rate pay that approximates to the amount received by the man performing similar duties.
Mr. CONNESS. F.to amend the motion of the Senfrom Illinois by striking out the onaining proviso of that section. The Fij. protempore. That is not in order. An amendment in the 3rd degree is not admissible. The question is on the amendment of the Senfrom Illinois to the amendment of the Senfrom Oregon.
Mr. CONNESS. I was not aware that the pending proposition was an amendment to an amendment.
Mr. YATES. I do not think the positions assumed by the Senfrom Ohio are correct. I do not think that because the salaries of these clerks have been increased repeatedly at their request to meet the exigencies of the hour that is a reason why they should not receive some additional%. with other clerks now. If the Senator will show me that their compensation has been increased until it is equal with that of other clerks who render the same service I shall admit the fairness of his argument; but to maintain that they should not have the benefits of this resolution simply because their salaries have been increased from time to time, while admitting that they perform the same service as clerks who receive this additional%., is certainly not a sound argument. The Senator must show that they receive the same compensation that other clerks receive for the same service. And here, sir, I should like to see the American Congress establish the principle that labor by whomso ever performed, by man or woman, shall have its fair reward, and that female industry, fe male worth, perseverance, fidelity, and faith fulness in the public service shall have the same compensation as similar qualities exhib ited by males. If there is to be any distinetion whatever, I will unite with my honorable colleague and be as gallant as he, and say it shall be in favor of the female clerks instead of the male clerks. Women have been debarred the emoluments of labor long enough. Odious and unjust discrimination have been made against female labor long enough. Now, sir, let an example go out from the American Congress that labor performed by every one shall have its fair reward, and that there shall be perfect equality between allzens, American citi. without reference to color, race, or sex.
Mr. CONNESS. I most heartily concur in all that has been said by the honorable Senfrom Illinois. The Senfrom Ohio, it appears to me, admits the whole case in his argument. He tells us that the ComFinance consented from time to time to certain temporary advances in favor of these ladies
Mr. SHERMAN. I will say to the honorable Senator that those advances were perma i and that their pay is fixed by permanent aws.
Mr. FESSENDEN. I now move to strike out the last proviso, in these words: Propidealfurther, That all extra compensation allowed and paid to any of stridpersonsduring the current fiscal year by the head “.Dept shall be taken and consideredas a part of said 20%., so that all of said persons shall receive 20%.on their respectivesalariesas aforesaid, and no more: but no person shall be required to refund any sumthat he may have received as aforesaid in excessof said 20%. on his salary.
Mr. CONNESS. I hope that will be stricken Out.
Mr. McCulloch has paid an extra allowance to some persons employed in his Dept, who have been faithful to their trust, who have been extraordinarily so, and whose services and signal abilities perhaps could not have been retained but for these extra allowances, and that we shall not require that to be deducted from the general advance which we now propose to make.
Mr. FESSENDEN. Those are the highest officers.
Mr. WILLIAMS. Yes, the highest officers who receive the highest pay. Out of the $250.7 0the $160,000 fund some have received $1,000, some $1,500, and some as high as $2,000. I admit that those persons who received this extra compensation have more responsibilities, more talent, are required to dis: charge higher duties than those who received less compensation; and I would not object to an amendment providing that those persons who have received one or 200 dollars should be included in this resolution, and that all who received over 200 dollars should be excluded. If you undertake to include within this resolution those who have already received $500, $600, or $750, I am apprehensive that it will be a great burden and possibly defeat the whole measure. That is one reason why I think it not advisable to adopt the amendment, not that it may not be righ enough in itself.
Mr. JOHNSON. Will the honorable member be so kind as to inform me whether 20% is on the salary proper or on the sal ary with the temporary increase added?
Mr. WILLIAMS. Upon the salary proper, not upon the temporary increase.
Mr. TRUMBULL. I should like to inquire of the Senfrom Oregon if I understood him correctly as saying that as much as $2,000 of this fund was paid to some clerks as extra compensation?
Mr. WILLIAMS. I say that out of the fund of $250,0$160,000 appropriated in 1865 and 1866 some clerks have received as high as $2,000.
Mr. TRUMBULL. And now it is proposed t.o give this increase to those who have already $2,000 extra compensation.
Mr. FESSENDEN. That is a mistake. Let the Senator give the names and it will be seen how the fact is.
Mr. WILLIAMS. I will state how I make it out. I hold in my hand a letter of the SecyTreasury, in answer to a resolution of the House of 10th December, relative to the disbursement of the funds appropriated as extra compensation to clerks of the Treasury Dept, and on the 2nd page I find a “list of the temporary clerks in the Treasury Dept who have been paid out of the $250,000 appropriated by act of March 2, 1865, and $160,000 appropriated by act July 23, 1866, for the payment of temporary clerks in the Treasury Dept, and additional compensation to clerks in same Dept up to and including November 30, 1863.” Now follows a list. A very large proportion of these clerks have received over $1,000.
Mr. W. A. Dumphy has received $2, 117 80, and many have received $1, 200; one clerk, (
Mr. William Fessenden,) $1, 943 37; and other clerks have received $900, $1,000, $1, 100, and $1, 200.
Mr. WILLIAMS. I say out of the 2 funds. I am honestly in favor of this resolution; I am anxious to see these clerks get some additional compensation; and I simply make this objection because i am apprehensive that if this clause is entirely stricken out and these persons who have received this large additional compensation included it will make the resolution so objectionable, if not here elsewhere, as to defeat its passage.
Mr. CRAGIN. There is one view of this case that has not been clearly Presented, as it seems to me. This resolution is to go back in its operation to the 30th day of June last and to continue for one year. Since the 30th of June last only about 6 months have elapsed, and these clerks to whom allusion has been made who have been paid out of this fund have received pay for only 2 quarters of the year. Now, if provision here remains I understand they are not to receive anything whatever out of this fund for the next 2 quarters; and if it should be stricken out, it will make but very little difference with the Present fiscal year whether they receive the extra compensation as contemplated by the money that was placed in the Secretary's hands or whether they now be paid 20%. Having received their pay for the 2 quarters, the 20%. now added, leaving out their pay under the money appropriated for the other 2 quarters, will place them almost precisely as though they had received their pay for the 4 quarters of the year, nothing being said about this 20%. There is another thing. You will recollect, sir, that near the close of the last session o Congress we voted to pay $100 each to the 1st and 2nd class clerks. Now if this provision is not stricken out, that $100 will be deducted from their 20%. under this resolution, and I submit to Senators whether that would be right and proper.
Mr. POMEROY. I did not intend to say a word on this subject, but I have such respect for 1st class clerks that I do not like to hear it said that they have more than they are entitled to.
Mr. TRUMBULL. The Senfrom California seems to suppose that I have mani fested a great deal of zeal in reference to this matter. He is certainly capable of judging, for he is entirely cool and manifests no interest and no zeal about it at all. His indifference enables him to determine whether anyone else is zealous or not. I quite agree with what the Senfrom Kansas said about the 1st class clerks. I think them just as deserving as any other men in the Depts. Many of them are performing the duties which ought to be performed by 2nd and 3rd class clerks on their salaries of $1, 200, and many of them are just as competent and performing just as important duties. One word also in regard to this question of favoritism. I see in the official document which was brought into the Senate by the Senfrom Oregon a statement of the persons who received a part of this fund placed in the SecyTreasury’s hands to be distributed; and the Senfrom Maine brings in a certificate of certain gentlemen I do not remember all the names. gentlemen upon that certificate, but I remember some of them in which they say that the fund was properly distributed, and not according to favoritism at all. Well, perhaps it was; but who were the gentlemen that said that? If I remember rightly R. W. Taylor was one who said it, and he received out of that fund $375; J. M. Brodhead said it, and he got a part of it; T. L. Smith said it, and he got a part of it; E. B. French said it, and he received a portion; John Wilson certified to it, and he got a part; N. Sargent certified to it, and he received a Portion; lodward Jordan certified to the fact, and he received a part. No doubt all of them thought it was very proper legislation. [laughter in the galleries]
Mr. SHERMAN. There is but one fact more which I wish to state, and that is in regard to the report which has been referred to, and which seems to have misled the astute Senfrom Illinois. He says that Mr. such a one received $250. That is only for one quarter. All the heads of bureaus received $1,000 for the current fiscal year. 250 dollars was paid to them, according to the statement before me, for a quarter. I only wish to say in addition that the heads of the bureaus having received from 1,000 to 1500 dollars they are in the course of receiving it for this current fiscal year. Some Senators suppose that this allowance made by the Treasury Dept was for years gone by, and is not for the same period of time that is covered by the appropriation we are now making; but it is. The 1st allowance did not extend, if I remember aright, to the officers of the Dept. The Senfrom Maine will recollect whether that is so. I think the 1st allowance was for the clerks, and did not go to the officers who signed that paper. The 2nd allowance, which was made last session, went to all the officers, clerks, and employees of the Treasury Dept. The effect will be, if this resolution should pass without this proviso, that in addition to the $1,000 already given to these heads of bureaus you will give them $700 more. That is the only question. It seems to me that having received no more than I think is fairly due them, but all they claimed, and all that the SecyTreasury thought they ought to have, because he has not distributed all this money, it is certainly no hardship for them to wait until all the other clerks and employees have got only a portion of what they themselves have received before they ask anything more.
Mr. JOHNSON. You do not mean to include all Senators?
Mr. RAMSEY. Does not the Senator know that there is a larger proportion outside of the Depts standing about in that relation to the President? [Laughter in the galleries]
Mr. HENDRICKS. The Senator makes a remark that delights the gallery, but it is a remark that is not supported by the facts. Last year when the contest was made before the ople, out of i.a 4 million voters, 18,000 men indorsed the President. That is not 6 out of7, I guess; and with such a large support in the country I have thought he ought to have some support in his Depts; but he and the Secretaries think otherwise, and it is for them to decide. I have no concern about that. No political party ever was built up in this country, in my judgment, by the influences that went out from these depts. I think good manners would require that the gentlemen in the different Depts should not avail themselves of their positions, either by word of mouth or by communications sent to the newspapers, to abuse and traduce the President and the Secretary that continues them in office. I think that is good manners, common decency, just that sort of common decency that forbids a man to abuse the person who entertains him, or the person from whom he receives a kindness. But if any persons will render good service in the Dept, and at the same time abuse the Secretary, and the Secretary can stand it, I am very sure I can; and that shall not influence my vote. I think instead of the criticism of the Senfrom Kansas being just the thing is altogether the other way. These Depts are filled by men who are opposed to the President and the Secretaries to a very large extent; and I vote just as cheerfully, knowing that fact, for this relief as if the fact were otherwise. I do not make an inquiry about the like of that. The question is: ought these men to have an addi,tional compensation? I think they ought, and therefore I support it.
Mr. WILSON. I hope at this hour that we shall proceed to take the vote. It seems to me that we are well enlightened on this great question that we have had before us this evening. We have some other questions before Congress besides this question of giving a gratuity to the clerks in this city. I think we understand it, and I suppose all of us are for it, and I hope we shall not act niggardly, but act generously. As it is a mere gratuity, let us give it without grudging. I should like to have the vote now.
Mr. FESSENDEN. I should like to accommodate my friend by taking the vote now, but I have a few words to say, and I feel bound to say them. When this fund was given the last time the Senfrom Ohio will very well recollect that we purposely put in the word “officers” in order to include the heads of bureaus. We came to the conclusion that we could not permanently raise their salaries, but that they ought for that year, and in fact for the year before, to be paid more; their salaries ought to be increased; and for that purpose we resorted to the word “officers, ” and put it into the appropriation. The SecyTreasury so understood it, that it was intended that these heads of bureaus should be included. There was a reason for it.. I knew very well that if we did not do anything we should lose some of the most valuable officers.
Mr. Taylor, who has been spoken of had given notice that he would not stay in the Dept. He is one of the most valuable men connected with the government. He saves this Government tens of 1000s of dollars, I have no doubt, every year. He is a very able man. He would do honor and credit to this Senate if he were a member of it. He is a man of great, known, stern integrity, one of the most valuable men that I know. Well, sir, I know another head of a bureau who was offered not long since $10,000 a year to leave his bureau and go into a firm of claim agents in this city, and just give them his name and information and do nothing. He declined. That is the case with these men, sir; and it will not be a very severe business if they should get for this year a sum up to $4, 500 or even $5,000., I have no misivings about it, and I think they ought to Welt. As to the amounts that were allowed to these gentlemen themselves, I Presume they did not fix that; that was fixed by the Secretary. I do not think it was fixed any too high. I think it a little hard that men of their known positions, many of them our friends, known radicals of the sternest sort, who never have comH. their opinions in the slightest possible egree, should be sneered at as if their opinions and statements could be bought for a few 100 dollars. I have not that opinion of any hardly of the Republicans that I know, and I do not believe it even of the Democrats in the Depts.
Mr. DAVIS. The honorable Senfrom Illinois gave the Senate several examples of heads of bureaus who had voted to themselves certain sums of this contingent fund, as he exPressed it, and said no doubt each of those gentlemen thought that that money was well appropriated. The honorable Senfrom aine says, I have no doubt truly, that this money was not voted by those gentlemen to themselves, but it was given them by the order of the SecyTreasury. But if it had been in the line named by the honorable Senfrom Illinois, I could give him some other instances of the same character. There are certain officers of the Government who, some months since, received $3,000 compensation a year; they voted to themselves $5,000. Among the gentlemen that gave that vote was the honorable Senfrom Illinois and self, [laughter, and I suppose we both thought that the money was voted, and that we were entitled to it when we received it. I thought so at least. [Laughter]
The PRESIDENT protempore. The question is on the amendment to strike out the last proviso in the JtResolution.
Mr. TRUMBULL called for the yeas&nays, and they were ordered; and being taken, resulted ayes 24, nays 10; 18. So the amendment to The amendment was agreed to.
Mr. WADE. I now move to amend the resolution in line 18, by inserting after the woord “meters” the words “and also to the and employees of the Washington navy ard.”
Mr. RAMSEY. Would you not put in the arsenal?
Mr. WILSON. Be brief. Let us have a vote; it is late.
Mr. WADE. I know it is late, and I know how impatient some gentlemen are when Istand forth here as the advocate of those not very well calculated to advocate their own claims. When Senators were advocating the claims of those who receive 4 or 5,000 dollars a year, that was all very well; you could sit very patiently under their preaching just as long as they pleased to talk; but the moment a man gets up here and demands justice for those who receive but very little consideration at all events, we are called to a halt at once; the time seems very heavy on our hands. ow, Mr. President, I know that the committee who prepared this resolution have said that it was not the principle on which they graduated it to ond'io benefits to this class of employees; but they have entirely failed to inform us why they did not embrace them as well as anybody else. I hope we shall do it. I am in earnest about it, because I feel that they have been overlooked. They are a mer itorious class of people; their condition is hard at the best, and the small pittance that they will get under my amendment, as I said before, will go a great way with them and will cost the Government but very little. I hope the amendment will be adopted.
Mr. WILSON. Mr. President, I am sorry if I have in any way offended the Senfrom Ohio. I have been very anxious for the last hour and a half to come to votes on these questions, and I am ready to vote with the Senator most heartily. But it is now after ten o'clock at night; we are exhausting ourselves here, and are unfitting ourselves for the labors of tomorrow. We have a great amount of labor to do between now and the 4th of March; and I only suggested to the Senator to be brief, because there are several amendments to be offered, and I hope we shall get the votes on them tonight. I voted with the Senator to include the arsenal. I am now ready to vote with him to include the navy yard. All I want is to get a vote. I think the Senator was a little unkind and a little unjust; but I know his earnest way, and I have no feeling about it.
Mr. WADE. I have no unkind feelings toward the gentleman, nor did I suppose I spoke harshly of him; but I thought it a little extraordinary, after the Senator had been so patient under the long speeches that have been made, that the moment I rose in behalf of these poor people I should be called to a halt.
Mr. POLAND. I move to amend the amendment by inserting in the 18th line after the word “meters” the words “the lieutenants, sergeants, and privates of the Metropolitan police; “ and I desire to say a word in reference to this amendment.
Mr. WILLIAMS. If the honorable Senator will allow me to make an explanation, I think I can save time by so doing.
Mr. WILLIAMS. I wish to say that the Metropolitan police were originally included in this resolution, and the words were taken out at their solicitation, because they proposed to have a separate law passed organizing the Metropolitan police, and a delegate, as he rePresented himself to me, from the Metro politan police, one of the officers, came to me and requested that the words be stricken out of the resolution, and in accordance with that request they have been omitted.
Mr. FESSENDEN. I will state further that in a bill that we passed last week we added 50%. to the remuneration of the Metropolitan police on their Present pay, to be levied by the authorities of the District. They are taken care of, and have all that they asked.
Mr. POLAND. What the Senfrom Oregon and the Senfrom Maine say is all very well as far as it goes. Who it was that rePresented the Metropolitan police to the Senfrom Oregon I do not know. I move this amendment at the solicitation and upon the rePresentations made to me by several members of the Metropolitan police. I have made some examination in reference to the increase of their pay, and am prepared to state how that matter is, and to show whether it is proper and necessary that this 20%. should be added to their pay or not. Prior to the last session of Congress the pay of the members of the Metropolitan po ice was 60 dollars a month, and in addition to that they were provided with 2 suits of police uniform in each year. During the last session of Congress it was provided that 50%. should be added to the pay of the members of the Metropolitan police; but by the same bill they were deprived of these 2 suits at the expense of the Government, the result of which was that that act made, in point of fact, but very little addition to the pay they had previously received. It.] was further proby the bill that was passed at the last session granting them this 50%., which raised their pay to 90 dollars a month, that the additional 30 dollars a month should be paid by a tax upon the District, upon the cities of Washington and Georgetown. The amount of their pay out of the Treasury of the U.S. was not increased at all. Last week we passed another bill making precisely the same provision for the Present year, raising their pay to 90 dollars a month, and providing that the additional 30 dollars a month should be paid by the cities of Washington and Georgetown. The amount of their Jay from the national Government has not been increased at all, and the increase of 30 dollars a month takes the place of the 2 suits of police uniform that received. Their pay, then, is 90 dollars a month.
Mr. POLAND. One word more, sir, and I shall not detain the Senfrom Massachusetts or anybody else by making a long speech. These men work double the number of hours that the lowest class of clerks in the Depts do, who receive $1, 200. The amount that they are paid is less than that of the lowest class of clerks in any of the Depts. They work in the cold and in the heat, in the summer and in the winter, in fair weather and in stormy weather, and certainly they deserve quite as much compensation as the lowest class of clerks in any of the Depts, and the additional payment that has been made to them does not make them up by a considerable sum to that amount. It seems to me but just that they should receive it. The amendment to the amendment was rejected; there being on a division ayes 11, noes 16.
Mr. YATES. I move to amend the amendment by inserting after the word ' meters' in the 18th line the words “the employees of the Senate and HoRep.” I have offered this amendment because I cannot see the reason or the propriety of the discrimination against this J. of laborers and clerks; I mean the employees of the Senate and HoRep.
Mr. FESSENDEN. We increased their pay last year 20%., and it is a standing increase.
Mr. YATES. With the consent of the senate, I will modify my amendment by moving to insert after the word “meters” in line 18 the words “the employees of the Senate and HoRep whose salaries do not exceed $1,500 per annum. I offer this amendment because I happen to know personally a good many clerks who have families and who do good service, faithful and efficient services. I think the amendment is entirely proper. I think we ought not to discriminate against this class of men. When you have provided for the laborers and clerks in every other Dept, the Navy Dept, the War Dept, the PayMGens office, the QuarterMGen’s office, &c., I think this large class of men in the employment of the Senate and HoRep should not be overlooked. We have been liberal to ourselves in increasing our own pay; we have been providing for the clerks and laborers in every other Dept; and I cannot see why there should be any discrimination against this class. I believe I shall ask for the yeas&nays upon the proposition.
Mr. WILLIAMS. I hope this amendment will not be adopted. Every clerk and employee about the Senate and the House receives now 20%. upon his salary, precisely the same amount that we propose to pay to the clerks and employees of the different Depts. This resolution only puts the clerks and employees in the different Depts upon the same footing with the clerks and employees about the Senate and HoRep. Now, to add 20%. to those whose salaries are less than $1,5exclude those whose salaries exceed $1,500 would be simply passing a law by which those whose responsibilities are the least shall receive the highest compensation, for it would put some of the persons who are engaged in unimportant matters about the Senate above those who have great responsibilities and arduous duties to perform. I hope that the amendment will not be adopted.
Mr. POMEROY. The Senfrom Oregon must be aware that there is a precedent for this. We have already under the lead of the committee voted to pay certain employees of the Treasury Dept twice, and that is a very good precedent to pay these employees twice. following that precedent we ought to vote this.
Mr. HENDRICKS. Does the Senfrom Kansas wish to give any persons 40%.”
Mr. POMEROY. To follow the votes of the Senate I must do it to be consistent.
Mr. HENDRICf(S. I wish to know if the Senator wants to give any employees 40%.?.
Mr. POMEROY. Many of the employees of the Treasury, Dept have 40%., and why should not our employees have it also? I did not vote for that; but as the precedent has been established in that case I intend now to vote for this. The amendment to the amendment was rejected.
Mr. CRAGIN. I propose to amend the amendment in the 17th line by inserting after the words “Treasury extension” the words “watchmen employed in the Capitol extension.” There are 9 of these watch men. One of them is employed in the archi tect’s office, and is included in this resolution. The other 8 have precisely the same duties to perform. 5 of them are night watch men. They receive $250 per day. By the resolution, I say again, the one in the archi. tects office will receive this 20%. He is a night watchman. There are 4 others precisely like him, night watchmen, who under the resolution as it stands will not receive the 20%. I think if there are any exceptions made in the resolution this ought to be one. They are men who work about 14 hours per day.
Mr. WILLIAMS. I suppose the same argument that would justify the amendment proposed by the Senfrom NewHampshire would justify an amendment including all the workmen and laborers employed on the Capi tol and Treasury extensions. It is necessary to confine this resolution to those who are employed in the Depts and in the offices. Now, it may so happen (because it is impossible in any bill to specify all the exceptions and provide for every individual case) that by the provisions of this resolution one night watch man is included while others are excluded: but when you depart from the rule that this appropriation shall be confined to the offices, then you go to an extent that will embrace all the workmen and laborers employed in these different kinds of business about the city of Washington. The necessity of the case which compels us to adhere to this rule requires the Senate to oppose this amendment. These watchmen, according to the statement of the Senator, receive the same compensation, or about the same compensation, that the laborers and workmen do upon the Capitol and Treasury extensions, if they are to be paid the additional compensation, then the amendment of the Senfrom Ohio ought to be adopted, and all ought to be included. The amendment to the amendment was rejected.
Mr. HENDRICKS. I propose to amend the amendment by inserting after the word “meters” in the 18th line the words “and the clerks at the Executive Mansion whose annual compensation does not exceed $1, 800.” I suggest this amendment simply because of the clerks who are employed at the Executive Mansion under the bill which passed at the last session some 2 or free, erhaps 3, were transferred from the Treasury Dept. They were clerks in the Treasury Dept at $1, 800, and they were transferred to the Executive Mansion at the same salary.
Mr. FESSENDEN. They were clerks in the Treasury Dept, but not at $1, 800.
Mr. Sniffin is one, and I forget the name of the other. They were clerks in the Treasury dept at $1, 800, and were transferred to the Executive Mansion at the same salary. If they had remained at the Treasury Dept they would have had the benefit of the fund that was appropriated, but by being transferred to the Executive Mansion at least one of them has been cut off from his proportion of the $160,000 that was appropriated last year.
Mr. WILLIAMS. I will state to the Senate what the persons employed about the Executive Mansion receive. The Private Secretary receives $3, 500; the asst, $2, 500; the short hand writer, $2, 500; the clerk of pardons, $2,000; 3 clerks at $1, 800; secretary to sign land patents, $1,500; doorkeeper, $1,000; messenger, $900; general service men detailed to the President by the War Dept, $80 per month. These salaries, as it will be seen, are large salaries. If there are 3 clerks employed at the executive dept who were employed in the Treasury Dept at $1, 800 a year, I suppose the greater honor that they enjoy from belonging to the Executive Mansion was sufficient inducement for them to change. I Presume the change was voluntary on their part. They left the Treasury Dept and went into the employ of the Executive. If they had remained in the Treasury they would have received the 20%., but they now belong to the executive dept proper, and perhaps the honor of being in that dept is a sufficient equivalent for the 20%. which the Treasury clerks receive. At any rate, I think their sal aries are very fair and reasonable and ought not to be increased.
Mr. HEND RICKS. The remarks of the Senator I think are not altogether just and right. I do not propose to increase the salary in any way of those persons whose calary was fixed by the law of last year, who got the sal ary under that bill for the 1st time. Now, he has read the salary of one officer at $3, 500, another at $2, 500, and some at $2,000; but there are 3 clerks that get $1, 800 on this same paper that he read from, and one gets $1,500. Those are all that my amendment would apply to. There is a doorkeeper and also a messenger. The doorkeeper gets $1,0the messenger $900. I propose to leave them just where they are. But here are 2 clerks who get $1, 800, and one clerk $1,500; and I want to provide for these 2 clerks at $1, 800, because they were transferred from a Dept where they would have had the benefit of this resolution, and at least one of them, with whom I am personally acquainted and whom I esteem very much, was transferred before the law in relation to the officers of the Executive Mansion was passed. He was transferred by the SecyTreasury to as sist the President because of the great Pressure of business at the Executive Mansion; but he was still a clerk in the Treasury Dept. I think when the distinguished Senfrom Maine was in the Dept perhaps
Mr. Sniffin was at the Executive Mansion. I am not sure just at what time he was assigned to do duty there. Now, these 3 clerks thus going into the Executive Mansion ought not to be deprived of that which they would have received had they remained in their dept. My amendment only applies to those 3 clerks. The amendment to the amendment was rejected.
Mr. WILLIAMS. I have no doubt that the resolution in its Present form will operate with hardship in some individual cases. Every gentleman seems to suppose that the resolution must necessarily provide for every individual case within his knowledge. There must be some rule on this subject. This appropriation must be confined to persons now in the employ of the Government, or it must extend to persons who are not in the employ of the Government. It may be if the word “ now” is stricken out of the resolution, and it is made applicable to all persons who have been in the employ of the Government since the commencement of the Present fiscal year, that some persons who have been discharged for misconduct in office will receive this 20%. upon their salaries. I suppose that some persons have been discharged from the different Depts on account of their political views or opinions, but I am perfectly satisfied that the number is very limited, and that it is not necessary to change this resolution and make it embrace persons who are outside of the city of Washington and elsewhere in the country for the sake of meeting some such cases. It would devolve, it seems to me, great trouble upon the Dept to find out where these persons were, and the circumstances under which they were discharged, and when they were discharged. It would tend very much, in my judgment, to embarrass the proceedings under this resolution. I hope, therefore, that the amendment will not be adopted. The amendment to the amendment was rejected.
Mr. HENDERSON. I offer an amendment, to add as an additional section the following: Abife:, That all acts or parts of acts heretofore passedauthorizing the SecyTreasury to apportion or distribute among the clerks of his Dept any sum of money by way of additional pay or compensation, are hereby pealed re; and after the passageof this act no money shall be paid to any officer, clerk, or employeeof the ours Dept exceptsuch as maybe fixedby aw.
Mr. CONNESS. I would suggest to the senator whether it would not be well, if there is a balance of the fund, to provide in this section for its being paid back into the Treasury”
Mr. FESSENDEN. It goes back as a matter of course.
Mr. CONNESS. If it goes back by course of law it is all right.
Mr. HENDERSON. My view in Presenting the amendment is this: I believe there were $250,000 appropriated at one session for this purpose and $160,000 at another, making $410,000. I find from the report of the SecyTreasury that he has distributed $310,000 of that money, leaving $100,000 yet unused. Now, if we undertake to say what the compensation of the clerks shall be, and fix it by law, I think it is altogether proper that we take the power away from the SecyTreasury to have any charge made against him of favoritism. I make no such charge; but I know perfectly well that if we now fix the compensation, the SecyTreasury may increase it if he sees proper. I othink it is proper for us to fix it, now that we have the subject before us, and if the addition now proposed is not sufficient let us increase it to an amount that is sufficient. I think this amendment ought to be adopted.
Mr. HOWARD. I hope this amendment will be adopted. I voted against the appro.". of $160,000 to enable the SecyTreasury to do what was supposed to be justice to the clerks in his Dept. I was satisfied then that one of the purposes for which the money was asked was political. I think the money has not been expended without a view in many cases to that purpose. At all events, as we are now establishing a new rate of compensation for the clerks in the different Depts, I think we may as well repeal that act of 1866 so far as io the remaining is concerned.
Mr. WILLIAMS. I think, if I understood the proposed amendment, there is no objection to it. F.like to hear it read once more.
Mr. FESSENDEN. I have some doubt as to whether the last clause had not better be left out. He is obliged to employ additional clerks, and it may apply to them.
Mr. HENDERS o It does not affect them at all.
Mr. FESSENDEN. I had some doubt about it.
Mr. HENDERSON. I thought of that. I am satisfied that it will not interfere with the additional clerks that may be appointed by the Secretary.
Mr. FESSENDEN. Let the last clause be read again. I do not think it adds any strength to the section.
The Secretary read the last clause of the amendment, as follows: And afteroof this act no money shall be paid to any officer, clerk, or employeeof the Treasury Dept exceptsuch as may be fixed by law.
Mr. FESSENDEN. I suggest that the words “as additional compensation, ” or something of that sort, be inserted. I do not think the last clause necessary. The 1st portion, repealing this authority, is sufficient.
Mr. HENDERSON. I am not particular about the language. The Senator sees what I am aiming at. I think the amendment accomplishes it. If the Secretary appoints an additional clerk he is authorized by law to classif him; he is put either in the 1st, 2nd, or 4th class, and when he is classified his compensation is fixed by law of course.
Mr. HOWARD. This amendment simply takes away from the Secretary the power of granting favors and exercising his discretion in the compensation of his clerks.
Mr. HO WARD. And returns to the Treasury the balance which remains of the appropriation of $160,000. I think it is high time we did as much as that at least. The amendment to The amendment was agreed to.
Mr. HENDERSON. I have another amendment to offer, to come in after “ 1866, ” in line 22: In all caseswheresaid personsnow receivean annual compensation or payof lessthan$1, 800; in cases ewxhceereedtinhgey$2r, e5coeoiv, the enyot less than $1, 800, and not compensation shall receive an additional of 15%.; and in they caseswhere receive more than $2, 500and not exceeding $3, 500t, hey shall receivean additional compensation of ten%. as aforesaid.
Mr. FESSENDEN. I would not attempt to grade them.
Mr. FESSENDEN. My idea is that we shall only get ourselves into difficulty if we attempt to make any distinctions or grades. The committee went on the idea that it was best to give 20%. to all except those whose offices have been recently created, and whose salaries have lately been increased. The Treasurer, by a recent law, gets $6, 500, and the Comptroller of the Currency $5,000. This resolution does not apply to them, but to those who get $3, 5less. The committee thought it was not worth while to make any distinction between those whom the resolution covers, and that the result of it would be only to get us into difficulty., Let me say to the Senfrom Missouri that those whose sal aries are $3, 500, if they get just as much as he says, they do, would not be paid more in proportion according to the value of their services, considering what kind of men they are and what they do, than the $1, 200 clerks or the $1, 400 clerks. You cannot expect to pay a boy what you pay a man.
Mr. FESSENDEN. Many of the $1, 200 clerks are boys under age; and they are getting more there than they could get anywhere else. It is true, there are some individuals of that class, men of families, who may not get enough; but as a general rule that class of clerks are paid better, and will be paid better under this resolution in proportion to the service the render than those who get larger salaries. think I may say I know that. fthink we shali only get ourselves into difficulty by attemptung to make these different grades of% age. I hope the amendment will not be adopted.
Mr. WILLIAMS. I think the honorable Senfrom Missouri has left out of view in this amendment all the Depts except the Treasury Dept. It is to be remembered that no fund has been distributed in any Dept except the Treasury Dept. He proposes here to pay the Asst SecyInterior ten%. additional upon his salary and give a clerk 25%., I believe. I think that in the interior Dept and in the Navy Dept and in the War Dept the assts and the heads of bureaus should receive 20%. upon their salaries as well as the $1, 200 clerks. But the Senate has settled the question as to the Treasury Dept; the Senate has refused to strike out the clause which includes the extra compensation in this computation; and now, if this amendment is adopted with a view to the Treasury Dept, great injustice is done to the men employed in the other Depts, and I hope for that reason that the amendment will not be adopted. Why, I will ask, is one man paid in the interior Dept $2, 5another $1, 2007 Is it not because one's services are worth $2, 500 while the services of the other are only worth $1, 200? If you increase the salaries of both you ought to increase them ratably; the increase ought to be in proportion to the salaries which they receive; and there is no reason as it appears to me why you should pay to one who receives $2, 500 ten%., and to one who receives $1, 200 25%., unless it is made to appear that the salaries as they have been established by law are unjust. There must be a gradation in salaries from the Asst Secretaries down to the lowest class of clerks, and this% age ought to be in proportion to the salaries.
Mr. HENDERSON. I am not very particular about the amendment; but it struck me as being just. I really think that if 20% is added to salaries from $2,000 to $3, 500, a larger% age should be given to the clerks receiving a smaller compensation. But the Senfrom Maine, who certainly understands this subject better than I do, having had experience in the Dept himself, who speaks advisedly upon the subject, and who ought certainly to be able to counsel the senate on such a matter, thinks otherwise. I know there are some 1st and 2nd class clerks here who are scarcely able to support themselves on their salaries. I do not pretend that the Senfrom Maine and the Senfrom Oregon are wrong in saying that those who have the higher salaries ought to be increased; but it struck me that a larger% age of increase should be given to those who receive the smaller salaries. If my amendment be adopted its effect would be to give a 1st class clerk for the Present year $1, 440, a 2nd class clerk $1, 680, a 3rd class clerk $1, 920, a 4th class clerk $2,070, a chief clerk $2, 300, the Auditors $3, 300, and the heads of bureaus $3.850. But I shall not take up time on this amendment; I leave it to the Senate to decide. The amendment to the amendment was rejected.
Mr. TRUMBULL. I move to amend by inserting after the word “annum” in the 32nd line: Nor to any person so as to increase his compensation for the fiscalyear ending June 30, 1867, beyond the sum of $4, Mr. CONNESS. I desire to inquire whether this amendment, if adopted, would not prevent such officers as the 1st Comptroller and 2nd Comptroller from receiving more than $4, 500?
Mr. CONNESS. I think they are worth tnote.
Mr. TRUMBULL. The proposition is that this 20%, shall not be applied so as to increase the compensation of any of these heads of bureaus beyond the sum of $4, 500 for the Present fiscal year. Is not that enough? The effect of it will be to prevent them from receiving somewhere betweenfive and 6,000 dollars. Their salaries are fixed by law $3, 500. They have already received out of this extra compensation fund various amounts; the precise amounts I cannot state, but some of o as much as $1,000. Those who have had $1,000 have already received $4, 500. Then, if you give 20%, additional on the salary, it would be giving them $5, 200 for the Present year. If the Senate proposes to increase their salaries to $2, 500, so i. it; but the object of this amendment is to prevent any of them receiving more than $4, 500. I do not wish at this hour to take up time. I hope the Senate will adopt it.
Mr. CONNESS. This, it seems to me, is the old proposition that was settled in the Senate awhile ago. As I understand it, it is to prevent men who can go outside and get $10,000 a year from receiving more than $4, 500 from the Government, no matter how'valuable may be their services.
Mr. FESSENDEN. I hope it will not be adopted; it will only apply to some half a dozen men, and it is an invidious discrimination against them.
###HOUSE OF REPRESENTATIVES. TUESDAY, February 12, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoxNToN. The Journal of yesterday was read and approved. TAX Bill,
Mr. LAFLIN, from the ComPrintg, offered the following resolution; which was read, considered, and agreed to: Resolved, That there be printed for the use of the House 1,000 extra copies of the bill amending the ComWays&Means report. from the NewOrleans RIOT.
Mr. LAFLIN also reported, from the sam committee, the following resolution; which was read, considered, and agreed to: Resolved, That 20,000 extra copies of the majority and minority reports, and 10,000 of the evidence taken by the Committee on the NewOrleans Riots, be printed for the use of members of the HoRep. the BOSTON CUSTOMHOUSE.
Mr. LAFLIN also reported, from the same committee, the following resolution; which was read, considered, and agreed to Resolved, That there be printed of minority reports themajority and of the committee on the subject of the Bostoncustomhouse 2,000 extra copies for the use of copiesof the evtihdeen Hcoeu. se, and 500 extra MINERAL RESOURCES.
Mr. LAFLIN also, from the same commit.tee, reported the following resolution; which was read, considered, and agreed to: Resolved, That 10,000 of the report of. Ross Browne on the mineral resources, &c., in addition to thosealready ordered, be printed for the use of members of this House, and that a copy of the rules prepared at the GLO, to aid in the disposal of the mineral lands under the law, approved February 26, 1856f, or that purpose, be added to eachcopy of copies such report; and that 1,000 of the same be for the use of the Treasury dept.
Mr. LAFLIN, mtRtv the several resolutions were agreed to; on the table. agreed to. PACIFIC RAILROADS.
Mr. WENTWORTH, by unanimous consent offered the following resolution; which, being a call for executive information, was considered by unanimous consent, and agreed to. Resolved, That the Secretary, of the Treasury, be requested to communicate to this House the ulti matecostunder existing laws of the railroads cqn cerning which he made his communication to this House yesterday, so far as the papers in will enablehim to do so. his office
Mr. WENTWORTH mtRtv the resolution was adopted; on the table. agreed to. TAXING postoffice CLERKS, ETC.
Mr. HILL, by unanimous consent, submitted the following resolution; which, being a call for executive information, was considered by unanimous consent, and agreed to: Resolved.That the of the Treasury be, and is hereby, requested to inform this HOuse whether the various postmasterso the U.S. are required to accountfor an oasalary tax upon the salaries of clerks, employedby them, where such salariesarenot fixed by law, but are paid out of funds furnished by the Government; also that he be requested to furnish a copy of the regulations and the circulars of said Dept, if any such exist, requiring such payment; also whether any such tax, is collected or required to be accounted for from clerks of assessors of internalrevenue; and if any discrimination is made between said 2 classes of clerks in i." to said tax, and why such discrimination is Inacle. MERCHANT MARINE.
Mr. ELIOT, by unanimous consent, introduced a bill in relation to the merchant marine of the U.S.; which was read a 1st and 2nd time, referred to the ComCommerce, and ordered to be printed. sold IERs' Lost DISCHARGES.
Mr. MILLER, by unanimous consent; presented resolutions of the Legislature of Pennsylvania, asking for the passage of a law allowing pensions to soldiers who have lost their discharges; which were printed, and referred to the ComInvalidPens. CHANGE OF COLLECTION DISTRICTS.
Mr. JLTHOMAS. I ask unanimous consent to take from the Speaker's table senate bill No. 347, to change certain collection districts in Maryland oivo, for the purpose of having it referred. No objection being made, the bill was taken up, read a 1st and 2nd time, and referred to the ComCommerce. COMMERCIAL MARINE.
Mr. DARLING, by unanimous consent, submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas the commercial marine of the U.S. is reported to be in a languishing condition, and there exists also great dePression in the ship building interest owing to the legislative action of foRreeisgonlvGeodv,ernments and other causes: Therefore, be, That the comWays&Means and they are hereby, instructed to inquire into the expediencyof amending the tariff act by a provision to the effectthat all goodsimported in American bottoms shall ' be entitled to a rebate of ten%. of the duties imposed by said act.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. ForNEy, its Secretary, informed the House that the Senate had passed bills and a JtResolution of the House of the following titles with amendments, in which the concurrence of the House was requested: A bill (H.R.No. 903) making appropriations for the payment of invalid and other pen.sions of the U.S. for the year ending June 30, 1868; A bill (H.R.No. 918) making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1868, and for other purposes; and A JtResolution (H.R.No. 224) giving additional compensation to certain employees in the civil service of the Government at Washington. he message further informed the House that the Senate had passed bills and a JtResolution of the following titles, in which the concurrence of the House was requested: An act (S.No.493) supplementary to an act to establish the Treasury Dept, approved the 2d of September, 1789; An act (S.No.527) to amend the postal laws, and for other purposes; and A JtResolution (S.R.No. 163) to provide in certain cases for the removal of alcohol from bonded warehouses free from internal tax. “ FEES OF EXAMINING SURGEONS.
Mr. FERRY, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComInvalidPens be, and they are hereby, instructedtoinquire into the propriety of increasing the fee now allowed to surgeons for examination of, applicants for pensions, and that they report by bill or otherwise. WASiiiNG to N CENTRAL MAlrix ET. On motion of Mr. INGERSOLL, the bill of the House No. 799, to incorporate the Central Market Company in the city of Washington, DistCol, heretofore referred to the ComDistCol, was ordered to be printed. ACTS OF MISSOURI STATE MILITIA.
Mr. NOELL. I ask unanimous consent to submit for consideration at this time the following preamble and resolution: Whereas it is alleged the Governor of Missouri has sSetanttec, ompaniesof militia into several countiesof that which militia has driven out and maltreated officersof the U.S., and killed and beaten oas robbed it ciitizens of purtocpaeurtsy eoarnpdrodveosetraotyioend, and burned property and committed other devastations: ThReoreinfoerde, That a select committee of 5 be appointed to inquire into said allegations and report to this House.
Mr. LeBLONI). I hope the gentleman will not object; this is a riot.
Mr. ELIOT. It is too late in the session now to order an investigating committee.:
Mr. LeBLOND. It is not too late to do O001.
Mr. NOELL. Will my resolution be printed?
The SPEAKER. It will be printed in the Globe, in the report of debates and proceedings.
Mr. NOELL. I ask permission to have also printed in the Globe certain documents I have in my possession relating to this subject.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. ForNEY, its Secretary, notifying the House that that body had concurred in the amendments of the House to Senate JtResolution No. 99, for the relief of Paul S. Forbes, under his contract with the Navy Dept for building and furnishing the steam sloop of war Idaho, with amendments, in which he was directed to ask the concurrence of the House. CIVIL GOVERNMENT IN LOUISIANA.
Mr. HARDING, of Illinois. I now call for the regular order of business.
The SPEAKER. The regular order is the bill reported from the select Committee on NewOrleans Riots (H.R.No. 1162) for the reestablishment of civil government in the State of Louisiana. The pending question is upon the motion of the Gentfrom Ohio {Mr. FINck] to lay the bill on the table; upon which motion the gentleman has called for the yeas&nays.
Skip Skip The question was taken upon ordering the yeas&nays, and there were ayes 13. Mr. BOYER. I call for tellers. Mr. FINCIK. I withdraw the motion to lay the bill on the table. The SPEAKER. The question now is upon the motion to lay on the table the mtRtv the main question was ordered.
Mr. ELIOT. Upon rePresentations of friends of the bill, I am willing to allow this bill to be amended by striking out the section which provides for the admission into this House of a delegate from Louisiana. I would inquire of the Chair in what way I can accomplish my object?
The SPEAKER. If the gentleman will with draw the motion to lay on the table the mtRtv the main question was ordered, the question will recur upon the motion to reconsider. Should that motion prevail the bill will then be open to amendment.
Mr. ELIOT. I will then withdraw the motion to lay on the table.. The question was upon the motion to reconsider; and being taken, it was agreed to.
Mr. ELIOT. I now move to amend the bill by striking out the 12th section. The section was as follows: SEq. 12. Abife: That until the people of Louisiana shall be admitted to rePresentation in the Congressof the U.S. undersuch loyal andrepublican government as the U.S shall recognizeand assume to guaranty, such people shall be entitled to onedelegate in the HoRep, to be elected at provided the 1st generalelection for in this act by the qualified electors of the State, as provided in this act. such delegate must be a person who has the qualifications for and could hold the officeof Governorunder the provisions of this act, and he rights shall have the same powers and now had by delegatesfrom the Territories of the U.S.
Mr. ELIOT. I now call the previous question upon 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. ELIOT. I now renew the call for the previous question on the bill.
Mr. ELDRIDGE. We understood on this side of the House that the bill was to be open to debate if we consented to withdraw the motion to lay the bill upon the table.
Mr. ELIOT. I do not know upon what ground the Gentfrom Wisconsin {Mr. ELDRIDGE] has proceeded. I am aware of no understanding of that kind upon the subject. I am perfectly willing to state exactly what I should be glad to do if the House will sustain me in it. I have no objection to have this bill debated for one or 2 hours, if it will accommodate gentlemen upon the other side. I would a great deal rather have such debate as may be satisfactory than to have a renewal of scenes such as were had in this Hall a fort night or 3 weeks since. And if it will be in accordance with the general wish of the House I propose that the bill may be discussed, and that the previous question may be 2nded in an hour and a half from this time. That is giving as much time as, it seems to me, we can give at this o of the session, and I hope it is as much as gentlemen on the other side will feel disposed to ask.
Mr. s. As the gentleman does not call the previous question I call for the regular order.
The SPEAKER. The Gentfrom massachusetts {Mr. Eliot] is upon the floor.
Mr. STEVENS. Well, then, I will call for the regular order as soon as the gentleman sits down.
Mr. ELIOT. I do not mean to sit down. [Laughter]
The SPEAKER. This bill is the regular order.
Mr. STEVENS. It will not be if the gentleman allows it to be thrust aside.
The SPEAKER. This bill must be disposed of before any other is taken up, except by unanimous consent.
Mr. LeBLOND. Will the Gentfrom Massachusetts yield to me?
Mr. LeBLOND. I understand from the Gentfrom Massachusetts that he purposes in the course of an hour and a half to put this bill upon its passage and cut off all further debate, intimating that that is sufficient time for the discussion of the bill. Now, sir, I do not pretend to understand what the mine irty upon this side of the House propose to do. i.speak only for myself in this matter. But when a bill of the magnitude of the one now under consideration is proposed to be put through this House, permitting no more than an hour and a half of debate upon it, it seems to me that it is time for the minority here to assert, to some extent at least, the rights that belong to them. I am aware that on the other side of the House it is urged as a pretext for hurrying this bill through that we are approaching very near to the close of the session, and that as yet no policy for the reconstruction of the southern States has been adopted. Well, sir, let me say that the minority are free from any blame upon that subject. Immediately on the organization of the 39th Congress the majority here took it upon themselves to establish a Reconstruction Committee and refer to that committee all matters relating to the reconstruction of those States. Thus all propositions looking to a restoration of those States to their rightful places in the Union were swal: lowed up. There the subject has remained from that day to this, except that now and then there has been reported a bill that was odious even to the majority.
Mr. SPALD!NG. I rise to a question of order. I do not think that the remarks of my colleague are in the nature of an inquiry to the Gentfrom Massachusetts.
The SPEAKER. The Gentfrom massachusetts has the right to resume the floor whenever he chooses.
Mr. SPALDING. I appeal to him to resume the floor.
Mr. LeBLOND. Well, it is hardly necessary for my colleague to be quite so sensitive.
Mr. SPALDING. I object to so much “rig ging.”
Mr. LeBLONI). And let me say there has been little else done in this Congress than “rigging" in which my colleague has performed a very conspicuous part.
Mr. ELIOT. I cannot yield to the Gentfrom Ohio {Mr. LeBLoND] if he takes this occasion to lecture his colleague.
Mr. LeBLOND. Very well; if the Gentfrom Massachusetts will yield to my colleague that he may interpose a proposition of this kind he must expect that I shall reply in the same spirit.
The SPEAKER. The Chair will state that the gentfrom Ohio {Mr. SPALDING] rose to a question of order. e did not appeal to anyone except the Chair.
Mr. LeBLOND. The Chair will permit me with all respect to say that my colleague appealed to the Gentfrom Massachusetts to cut me off. But, Mr. Speaker, I desire to continue my statement of the reasons why this bill should not be hurried through. As I was remarking, this Reconstruction Committee has reported no legislation on this subject that has met the approval of the majority of this House. If that committee has been permitted to go on in this way through the last session and the principal part of this without producing anything for the good and harmony of the country, that is no reason, no excuse, no apology to justify the majority, at the very close almost of this Congress, in thrusting upon the House a proposition that ignores States, subverts civil government, and subverts the Constitution. Legislation of this sort cannot be justified or excused on the plea that the session has nearly expired, and that some action is necessary.
Mr. LeBLOND. Very good; then let him move the previous question.
Mr. ELIOT. Mr. Speaker, I have been hoping to hear some suggestion instead of an argument. I am desirous of having this reconciled, and it seems as though I meet with obstacles from one side and the other. Will gentlemen be good enough to say what they want of Mr. LeBLOND. I will tell the gentleman, and he might have inferred it from what I have said; leave the bill open so there may be reasonable debate on the proposition, before you move the previous question, and thus give the minority a chance.
Mr. ELIOT. I call on the gentleman to state what time he wants. In view of the short existence of the session and the Pressure of business, I ask what time they think is required?
Mr. LeBLOND. I will state to the gentle Inan
Mr. ELIOT. I yield to my colleague on the committee.
Mr. BOYER. I simply desire to suggest to my colleague and to the members of this House, on. a matter so important, involving the very existence of a State and the continuance of a State constitution, that we should pause until the reports which have been made by the committee, of which the Gentfrom Massachusetts is chairman, have been printed and the House has had an opportunity to read them. I desire to inquire of my colleague how it happens gentlemen on the other side seem to be so well posted in reference to the facts involved in this question and the merits of the government of Louisiana so they are ready without debate to give their decision? I desire to ask whether my colleague knows the testimony taken by the committee in this case has been privately printed and also privately cir culated among the Republican members of the House?
Mr. BOYER. Yes, sir; so that they have had an opportunity to “post” themselves and to get the version of facts known to my colleagues on the committee, while my associates on this side have been denied that privilege.
Mr. ELIOT. Let me answer that question right here. No such thing has been done. The ohas had all the opportunity anyone s had to see all the evidence in print and manuscript. There has been nothing done he is not aware of; nothing taken from the Printing Office except what has gone to him as well as to me.
Mr. ELIOT. I cannot have this kind of interrogation at this stage of the case upon the floor between a member of the committee and myself.
Mr. BOYER. I simply desire to correct my colleague.
Mr. BOYER. My colleague misapprehends me entirely in supposing I sought for any information. I am entirely “posted” in reference to the facts of this case; but I should like to have an opportunity of discussing those facts before the House.
Mr. ELIOT. What time does the gentleman want? I am trying to find out how much time is wanted.
Mr. ELIOT. if I can get an answer, with pleasure.
Mr. ELDRIDGE. We do not want unrea sonable time to debate this bill. As I understand from those around me we want to debate it fairly and fully, to have a fair and reasonable opportunity to debate.
Mr. ELDRIDGE. Until the subject seems to have been exhausted. [Laughter]
Mr. ELDRIDGE. No one can say exactly how much.
Mr. BOYER. The House will always have within its own control the power to put an end to the debate, and why not then throw the debate open until the House in its judgment shall see fit to close it?
Mr. ELIOT. If the gentleman will give me an answer I will yield.
Mr. LeBLOND. As the Gentfrom Pennsylvania has already said, the majority of this House has the power to close the debate when in their judgment it has progressed a sufficient length of time, and put the bill on its passage. That is sufficient for us on this side to say now. It may take today and tomor row; it may take only today; but leave it open and let debate go on until the House in its judgment shall say it has gone far enough and the debate should be closed.
Mr. ELIOT. Mr. Speaker, I have tried to getMan. iainNswoerk,b"ut propose to the gentleman that this debate go on till tomorrow at 4 o'clock, and then close.
Mr. ELIOT. That is utterly out of the question. why it is out of the question?
Mr. ELIOT. Because there is not sufficient time at this stage of the session to do that and do justice to the other business of the House. The state of the business demands more speedy action.
Mr. LeBLOND. That is what the ComReconstruction and the Gentfrom Massachusetts ought to have considered long ago.
Mr. ELIOT. Mr. Speaker, having tried in vain to obtain a reasonable proposition from the other side, I will say to the gentlemen that I do not intend to call the previous question for 2 hours; but at the expiration of 2 hours I propose to do it. During that time. I think gentlemen will find no difficulty, if they will be brief, in exPressing all their views for and against the i.
The SPEAKER. Does the gentleman desire to have it understood that 2 hours for debate is to be given to those who are opposed to the bill?
Mr. ELIOT. I understand it to be the desire on this side of the House that the minority should have the whole of the time.
The SPEAKER. The Chair then recognizes the Gentfrom Pennsylvania, {Mr. Mr. LEBLOND, will the gentleman say BoyER.1 the minority of the committee, as entitled to the floor.
Mr. ELIOT. Allow me to ask what will be the effect of a motion to recommit the bill?
The SPEAKER. It will be to prevent further amendment.
Mr. BAKER. Will the Gentfrom Massachusetts yield for a suggestion?
The SPEAKER. The Gentfrom Pennsylvania {Mr. Boy ERJ has the floor.
Mr. STEVENS. I hope my colleague {Mr. Boy ERJ having the floor, will move to postpone this till tomorrow, for the purpose of going on in the mean time with the bill which was unfairly thrust aside to take up this.
The SPEAKER. Does the Gentfrom Pennsylvania {Mr. Boy ER yield to allow a suggestion from the Gentfrom Illinois, {Mr. BAKER, I to the chairman of the Committee?
Mr. BAKER. I desire to suggest a verbal amendment in the 5th line by inserting the word “provisional” before the word “governor.” o
Mr. ELIOT. There is no objection to it: I will accept it.
Mr. GARFIELD. I desire to make a suggestion about the printing of the bill if the Gentfrom Pennsylvania will yield.
Mr. GARFIELD. The suggestion is this: there have been but some 40 copies of this bill printed, and it is not on the desks of more than 1/3rd of the members here. Now, I hope we shall not proceed with the discussion of a bill with a proposed amendment to it until every gentleman can have it on his desk; and I trust, by unanimous consent, it will be laid over until that can be done.
The SPEAKER. The Chair will state if this is postponed by unanimous consent, unless other orders are postponed by unanimous consent, it will not be reached during the remain der of the session.
Mr. BOYER. if I understood the suggestion of my colleague he would be willing to accede to a proposition for the postponement of the bill till tomorrow, or until some future day, reserving, however, our rights to debate, and leaving that question to remain as it is. If my colleague desires to make such a motion I will yield i. floor for that purpose.
Mr. ELIOT. That is not in accordance with the order of the House. I have yielded for no such purpose. There are 2 hours given for ebate.
The SPEAKER. such a motion would be in order. The Gentfrom Pennsylvania {Mr. Boy ERI is on the floor and entitled to move it. The Gentfrom Massachusetts has yielded 2 hours for debate.
Mr. BOYER. I yield to my colleague if he desires to make that motion.
Mr. STEVENS. I move to postpone the further consideration of this bill until tomor row.
The SPEAKER. The Chair will state that if it is postponed until tomorrow it probably will not be reached at all during the Present session.
Skip Skip The question was taken; and there were ayes 40, noes 83. So the motion to postpone was not agreed to.
Mr. BOYER. Would it be in order to move that this, together with all the other special orders, except the bill from the Reconstruction Committee, be postponed until tomorrow?
The SPEAKER. It would be by unanimous consent. The Chair stated yesterday that the House had, by unanimous consent, which is the highest form that the action of the House can take, directed that certain bills should be taken up in their order the military bill, from the ComReconstruction; the indemnity bill, and the bounty bill; and the House can not, by any lower grade of motion reverse the action so taken.
Mr. BOYER. It is desired by gentlemen near me that I should state that there is no understanding on this side of the House that the debate upon this bill should be confined to 2 hours, and that then the vote should be taken upon the passage of the bill by common consent. The Gentfrom Massachusetts said that he would not call the previous question until after the expiration ]" 2 hours; but I did not understand that there was any arrangement entered into with gentlemen on this side of the House, that at the end of 2 hours they would interpose no objection to closing the debate. I state this now in order that it may not be here after said that there was any misunderstanding or any want of good faith on the part of gentlemen on this i.
Mr. ELIOT. Let me state that it is rather late to interpose that caveat now, after the gen: tleman has obtained the floor in pursuance of that arrangement.
Mr. BOYER. I certainly did not understand the Gentfrom Massachusetts to offer 2 hours for debate upon this bill as a proposition to be accepted upon conditions by this side of the House; it was an announcement on his part, uncoupled with any conditions; as such understood it, and as such I believe it has been understood by my associates on this side of this Chamber.
Mr. UPSON. I rise to a point of order: that the Gentfrom Pennsylvania {Mr. Boy ERJ is not discussing the bill before the House.
Mr. SCOFIELD. I ask the gentleman to yield to me for a question.
Mr. HARDING, of Kentucky. Yes, if it will not come out of my time.
Mr. SCOFIELD. The gentleman suggests that this side of the House is unmerciful. I want to ask him if in all the late confederate States not now rePresented in Congress the rebels themselves are not now in authority, having entire control, and show no mercy to the Union men?
Mr. PERHAM. Wif the gentleman yield to me for a moment”
Mr. HARDING, of Kentucky. I cannot do so just now.
Mr. PERHAM. I wished to state a fact which may not be known to the country in connection with that outrage.
Mr. HARDING, of Kentucky. Another case is reported as occurring in the State of Ohio “. recently. A lieutenant in the Federal rmy, named Blackburn, after serving in the war, married a widow, who had a child (a little daughter) 7 years of age. They had not been married but a short time until these monsters conspired together, by a systematic course of fiendish crucity, to murder and put this child out of the way. They beat and abused her from day to day, and when she complained of the bruises and pains in her limbs they thrust her arms upon a red hot stove and roasted them until they were black and charred to the bone. Another case, not quite so recent, occurred in the State of few York, where a clergyman named Lindsley whipped to death his own little boy, 3 or 4 years old, because, as it was 1st stated, the child would not say his prayers. The clergyman was tried the other day, convictol and sentenced for manslaughter. This was a white boy. Then there was another case that I know more about, where a white man rushed upon a free woman and cut her throat without provocation. Her daughter and son rushed to her relief; he attempted to murder them and they narrowly. But this free woman was white and her husband was the murderer, and all the murdered victims I have mentioned were white persons, and hence we have had no strolling vagabond committees prowling over the country to hunt up and report the facts.
Mr. SCOFIELD. The perpetrators were all arrested.
Mr. HARDING, of Kentucky. How do you know that [Laughter.]I could gather up from any section of the country cases enough of brutal outrages by husbands upon their wives and enbody them in a document that would seem to be alarming. But what would it all amount to in the estimation of any sensible man? And this is what has been done in regard to cases in the South. It was narrated and published all through the land some time ago that some ten or 15 negroes had been beaten almost to death, and were found congregated in the streets of Lexington, Kentucky, in a most pitiable condition. General Fisk was reported to have published this case in a speech at Cincinnati. Legislature of Kentucky promptly ordered a committee of investigation;. Fisk was notified to attend. The investigation was made, and it was established by irrefragable proof that the whole story was a sheer fabrication. Well, the general may have thought so; he may have thought it was true. But we all know that those stories are very much exaggerated: and after all, you may go to the South and gather up all the worst cases you can hear of, yet the picture will not be so bad as that presented in the NewEngland States in Massachusetts or in Maine. As to these stories of the South, is it not well known that during the last session of Congress letter writers were sent all through the South to gather up such stories and send them home to the North? Why was it done? Because these radical politicians wanted a fiery, burning, sectional sentiment at home in the North to sustain them, and they sent out their agents to find or manufacture stories and send home to feed and fan it and keep it alive and burning.
Mr. PERHAM. I wish to say, by way of explanation, that the horrid murder referrol to, which was committed in the State of Maine, was committed in my own district; and in jus tice to my constituents must add that the man, who has been arrested, and who has confessed his guilt, has also confessed that he was formerly in the rebel army; so that he is one of the very kind of men that we propose to take care of by this bill. [Laughter.
Mr. FINCK. How much time will there be for me? The SPEAKER protempore, {Mr. BRom well] The gentleman will have 8 minutes.
The SPEAKER. The hour allowed to the Gentfrom Kentucky {Mr. HARDING] has expired. The Gentfrom Massachusetts {Mr. ELIoT] is entitled to the floor.
Mr. FINCK. Will not the Gentfrom Massachusetts {Mr. ELIoT) allow me ten minutes longer?
Mr. ELIOT. Will it not answer the purpose of the Gentfrom Ohio {Mr. FINck] if I allow him ten minutes of my time after the previous question has been 2nded?Ihave no objection to allowing him ten minutes then if that will satisfy him.
Mr. ROSS. I would like to inquire of the chair by what authority the Gentfrom Massachusetts {Mr. ELIOT] has the floor at this time?
The SPEAKER. The Chair will explain to the Gentfrom Illinois {Mr. Ross] and to the House. The Gentfrom Kentucky, {Mr. HARDING, who obtained the floor for the 2nd hour of debate yielded by the Gentfrom Massachusetts, gave up the remainder of the hour, at the conclusion of his remarks, to the Gentfrom Ohio, {Mr. FIne k] The Gentfrom Ohio inquired of the Speaker protempore {Mr. BROMWELL] how much time there remained to him, and was informed that there were 8 minutes remaining. Those 8 minutes have now expired, and the Gentfrom Massachusetts, {Mr. ELIOT,) having reported the bill, now resumes the floor.
Mr. ELIOT. Mr. Speaker, after the previous question is 2nded, if the Gentfrom Ohio desires ten minutes more I will give it to him with pleasure. I withdraw the motion to recommit, and call for the previous question.
The SPEAKER. The Gentfrom Massachusetts {Mr. Eliot] is entitled to the floor to close the debate.
Mr. ELIOT. I yield ten minutes to the Gentfrom Ohio, {Mr. FINCK]
Mr. WARD, of NewYork. I wish to ask the gentleman a question. I understand the report which the committee have made to charge, in substance, the POTUS at least countenanced and encour aged this NewOrleans riot. It is apparent that he is wedded to these rebel goverments of the South. I desire, therefore, to ask the chairman of the committee whether he thinks it is safe to vest in the President the power to appoint the provisional governor and the other officers contemplated by this bill, to which the President is opposed? And I ask further whether there is any warrant in the Constitutution to confer this power on the head of the War Dept whom we know to be loyal and true and sound upon this question? Will he not yield to me to propose an amendment to that effect?
Mr. ELIOT. Mr. Speaker, of course I cannot yield to my friend for any such purpose. The question of safety is always embarrassing. Sometimes it may be safer to do a thing which at other times would be very dangerous. We have examined with a great deal of care the question which the Gentfrom NewYork has suggested, and I am free to say, as I understand the provisions of the Constitution, it would not be right for us to legislate so as to give the power of appointment elsewhere than as provided by this bill. But the power is arded very carefully, and the gentleman will find upon examination of the provisions of the bill that before any officer contemplated by the 1st and 2nd sections can enter upon his duties he has not only to take the oath and produce the proof called for, but to obtain the action of the Senate confirming the action of the President. If it should so happen, which I trust will not be the case, that a nomination should be made of men who, having power, would use it against the Union men who have already suffered from men in power there, it is my belief that the power of the Senate under the Constitution will be sufficient to restrain that action.
Mr. WARD, of NewYork. A single other question. Does the gentleman think this power could not be constitutionally vested in the SecyWar, the head of the Dept which is called upon more than any other to execute this law? Why could you not vest the power in a friend of the law?
Mr. ELIOT. It is very manifest if the power should be conferred upon the SecyWar it would in substance and effect be conferred upon the President, for the SecyWar is one of the servants of the President, and may be removed without notice. There is no provision that I am aware of by which we could obtain the action of the Senate except through a nomination by the Executive. There have been various propositions urged by different members of the House, and upon the whole it has seemed to me and to the committee that the safest course to recommend is that which has been embodied in this bill. Now, Mr. Speaker, the committee have reported this bill upon the order of. the House. have done so upon facts examined into. In the judgment of a majority of the commit. tee it was the bounden duty of this House, if in point of fact there is an obligation restin upon the Government to support, defend, an protect its own constant efforts against men who through the rebellion have been its constant enemies, that there should be action in this direction. Now, sir, I do not remember since I have held a seat on this floor that I have ever been unwilling to forego, the pleasure of speaking for the sake of voting. I should be glad to defend the provisions of this bill, but in point of fact there has not been one provision of it attacked. The gentleman who has just resumed his seat {Mr. FINck] was the only one on the other side, if I am not mistaken, who thought it worth while to discuss in any respect the provisions of the bill. Those who preceded . have used up the time by Mr. LeBLOND. Will the gentleman yield to me for about 5 minutes? I wish to call his attention to some of the provisions of the ill.
Mr. ELIOT. I cannot say no to that appeal. I will yield 5 minutes if he will give us his help to pass the bill when his time has expired. [Laughter]
The SPEAKER. The gentleman's 5 minutes have expired.
The Clerk read the following: OFFICE of SouthERN REPUBLICAN Association, WASHINGTON, D.C., February11, 1867..At a meeting of the Southern Republican Asso caidaotipotnedthuinsaneyimenoiunsgly, t:he following resolutionswere Resolved, That this association, having, carefully considered the pringiples and details of the bill for the reconstruction of civil foin Louisiana, introduced this, day into the HoRep, by Hon. Thomas D. Eliot, chairman of the committee to investigate the NewOrleans riots, heartily indorse the same, and request Congress, to Filil fiot;r atnhde arelsoorgraenqiuzeastito Cnoonfgrtehses tootphaesrsuans reconstructed States on the same principle. Resolved, That members of this association sign the foregoing resolution, specifying, the State to which they respectively belong, and that the presiodfenMtrc. aEuLsIeOaTc, etrotifbieedbeyophyimto cboempmlaucendiciantethdetohCanodns greSS. Alabama. Georgia. ALBERT GRIFFIN. G. W. ASHBURN. WILLIAM H. SMITH. HENRY G. COLE. J. J.; GIERS: JAMES L. DUNNING. D. H. BINGHAM. H. P. HARIBIN. WILLIAM MARKHAM. Arkansas. L. P. GUDGER. J. M. JOHNSON. M. L. STEPHENSON. too. A. M. BISHOP. HoN CE. Woltkwood. oples ivr. R. KING CUTLER. JWO.SJE.PBHLAGCAKRBLUISRHNE. I approve cordially of Minition i. JAMES W. FIELD. Missouri othfetlheeadbiinllg, principles h C. E. MOSS. it. Wiilo. ope THOMAS J. Virginia. DURANT. JAMEST. PRICHARD. Texas. J. J. ROLLEW. JOSEPH WILLIAMS. A. J. HAMILTON. W. MILLER. A. STRATTON. JDAASV. IWD. HUNNICU.T.T. ENZO SHERWOOD. W. HALL. A. J. BENNETT. JOHN HAWXHURST. JESSIE STANC1L. JAMES H. CLEMENTS. W. B. COFFEE. A true copyfrom the minutes: THOMAS J. DURANT, President Southern Republican Association. D. H. BINGHAM, Secretary.
Mr. BOYER. Will my colleague on the committee {Mr. ELIoT) allow me to state the antecedents of some of those gentlemen who have signed the paper just read in behalf of the Union men of Louisiana?
Mr. ELIOT. I now propose to yield a portion of my time to
Mr. NOELL. I ask the Gentfrom Massachusetts {Mr. ELIoT] to yield to me for a half an hour. "[Laughter]
Mr. ELIOT. How much time have I left, Mr. Speaker?
The SPEAKER. The Gentfrom Mas. sachusetts has 30 minutes of his hour remaining.
Mr. ELIOT. Of course the Gentfrom Missouri {Mr. NoelL] will perceive that I could hardly yield him all the time I have left. I will yield him ten minutes.
Mr. NOELL. Then I will take the ten minutes.
Mr. ELIOT. And after that I will yield to my colleague on the committee, the Gentfrom Ohio, {Mr. SHELLABARGER]
Mr. NOELL. Mr. Speaker, the bill which is now under consideration contains in it feat ures diametrically opposed to the whole policy of the party that is Pressing it at this time. Living in the State of Missouri for some years ast, I and others there have had a taste of the ind of government that is attempted to be set up by this bill in the State of Louisiana. Now, ignoring the question of the constitu;tionality of the provisions of this bill, I shall proceed to address myself to the political results which will naturally follow the adoption of this measure. By it the whole theory of our Government is attempted to be changed. That theory is that the Government derives its powers from the consent of the governed. We are now to start a new theory, that the people of the States derive their power from the people of some other portion of the Union, and that a majority of a fraction of the Union shall control the whole nation. Following up that theory a government is to be imposed upon, and a constitution is to be. the word, “Prescribed” which shall be adopted by the people of that State. N
Mr. ANoDERSON. Will my colleague {Mr. me to ask him a question?
Mr. ANDERSON. I desire to ask the gentleman whether when he speaks about the people of Missouri having had a taste of what this government will be he meant the fruits of his victory when he was 1st elected to Congress, and if the taste of that fruit gathered on that occasion is not yet vividly upon his tongue?
Mr. ELIOT. I yield the remainder of my time to the Gentfrom Ohio, {Mr. SHEL LABARGER,) my colleague on the committee.
Mr. SHELLABARGER. as my time is too short. Mr. Speaker, there is another thing to which I wish to call my colleague's attention as well as that of the other side of the House. He speaks of the people of Louisiana;, Now, the electors, the rebef element of Louisiana, have again and again dealt with this identical government to which we now hear peans sung, and that it is sacrilege to put our hands upon it. Why, sir, they treated it as no government at all. I hold in my hand an act passed “. overwhelming vote through one branch of the Legislature last winter, and which was only prevented from being passed by the other by the interference of the POTUS, the preamble to which declares that the constitution of 1864 was the creature of fraud and violence and not in any sense the exPression of the will of the people.
Mr. BOYER rose. I cannot yield, Mr. SHELLABARGER. I cannot be interrupted. Let me say to gentlemen on the other side of this Hall that last winter, in that act to which I have alluded, this disloyal element of Louisiana proposed to destroy that government in a method not provided for by, but in contravention of the principles of that constitution and the mode Prescribed for its own amendment. That act got through one House, and was only prevented from going through the other by the interference of the POTUS Let me remind my colleague further, that it is only a day or 2 since the telegraph brought an announcement that in defiance of the provisions of that constitution which they say has no sanction from the people, but is the creature of fraud and violence, that in defiance of that constitution they are today passing a law, which we are told will pass over the veto of Governor Wells, destroy;ing that government in a method not provided for in the Constitution itself. Now, keep these facts, my fellow members, before your minds, and remember that you are the RePresentatives of this mighty nation; that here the voice of the American people speaks in execution of that provision of your Constitution which says you shall guaranty to the States a RFG. After this can any gentleman hesitate to carry out the obligation and to fulfill the duty imposed upon Congress, that we shall see to it that these States are republican?
Mr. BOYER. I ask my colleague to yield to me merely for a question.
Mr. SHELLABARGER. I would yield to my friend under other circumstances; but surely he will not deprive me of any portion of my poor 20 minutes. Now, that is the point where this bill and every other bill proposing to reconstruct the States South must rest. It rests upon the right and the duty of this part of the Government to see there is kept in each State a RFG. This bill says we will neither have nor guaranty the government which is there now and which rests on a disloyal basis, so far as it has any basis at all.
Mr. BOYER. As the gentleman is pausing now, will he allow me to put my interrogatory?
Mr. LEBLOND. How do we know that? Your report has never been published, and we are groping here in the dark.
Mr. BOYER. Mr. Speaker, I desire to say that the statement just made by my colleague on the committee is not the fact. [Cries of
The SPEAKER, The previous question has been 2nded and the main question ordered; the pending question is 1st on the amendment offered by the Gentfrom Illinois, [Mr. BAKER,) to insert in line 5 before the word “Governor” the word “provisional.”
Skip Skip The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time. Mr. BOYER. I call for the reading of the engrossed bill. lo" Clerk read the engrossed copy of the o111. question was upon the passage of the 111. Mr. ELIOT. I call the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. ELDRIDGE. I call for the yeas&nays upon the passage of the bill. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative–yeas 113, nays 47, not voting 30;. So the bill was passed. During the roll call the following announcements were made: Mr. MERCUR. I desire to state that the follo from Iowa, Mr. KAsson, is absent y leave of the House on business relating to the committee of which he is a member. Mr. DEMING. I desire to say on behalf of my colleague, Mr. BRANDEGEE, that he is V.". with the gentleman, from NewYork, Mr. BERGEN, upon all questions relating to the subject of reconstruction. I desire also to say on behalf of the Gentfrom NewYork, Mr. GRIswold, that he is called away by imperative business. Mr. HILL. I desire to state that my colleague, Mr. H. D. WASHBURN, is paired with Mr. WINFIELD, of NewYork. Mr. DARLING. I desire to state that my colleague, Mr. HART, is If unavoidably absent. he were Present he would vote for this bill. Mr. KETCHAM. I desire to state that my colleagues, Mr. Pomeroy and Mr. Jones, are paired. If Mr. Pomeroy were Present he would vote for this bill. The result of the vote being announced as above recorded, Mr. ELIOT mtRtv the bill was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. ForNEY, its Secretary, announced that the Senate had agreed to the amendments of the House to Senate JtResolution No. 99, for the relief of Paul Forbes, under his contract with the Navy Dept for building and furnishing the steam sloop of war Idaho, with an amendment, in which the concurrence of the House was requested. EVENING SESSION
Mr. STEVENS. I move that the House take a recess from half past 4 o'clock till half past 7 this evening.
Mr. BINGHAM. To go on with the regular business?
Mr. LeBLOND. What will the regular business be?
The SPEAKER. The next business in order will be the bill reported from the JtCom on Reconstruction for the military government of the insurrectionary States, which is open to debate.
Mr. DAWSON. Is it expected that a vote will be taken this evening?
Skip Skip The question was taken; and it was decided in the affirmative ayes 94, noes not counted. So the order for a recess was adopted. ENROLLEDJtResolution.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled a JtResolution of the following title:JtResolution (H.R.No. 247) for the relief of James Keenan; when the Speaker signed the same. CREDENTIALS SCAROLINA.
Mr. CHANLER. I rise to a question of privilege. I desire to Present the credentials of Hon. William Aiken, claiming to be entitled to a seat in this House as a RePresentative from the 1st congressional district of SCarolina. The credentials were received, and referred under the rule to the JtCom on Reconstruction.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, Mr. FortNEY, its Clerk, informed the House that the Senate had passed, with an amendment, in which the concurrence of the House was requested, bill of the House No. 1053, granting an increase of pension to John J. Sohan. GOVERNMENT OF INSURRECTIONARY STATES. The House resumed as the next business in order the consideration of House bill No. 1143, to provide a more efficient government for the States lately in insurrection; upon which Mr. KELLEY was entitled to the floor.
Mr. STEVENS. Will my colleague [Mr. KELLEY] yield to me for a moment, for some business that will occupy no time?
Mr. KELLEY. Certainly. postoffice APPROPRIATIONs.
Mr. STEVENS. I ask unanimous consent to have taken from the Speaker's, table and have referred to the ComAppropriat the amendments of the Senate to House bill No. 918, making appropriations for the service of the postoffice Dept during the fiscal year ending June 30, 1868, and for other purposes. No objection was made, and the reference was accordingly made. PENSION APPROPRIATIONS.
Mr. STEVENS. I also ask unanimous consent to have taken from the Speaker's table and referred to the ComAppropriat the amendment of the Senate to bill No. 903, making appropriations for the payment of invalid and other pensions of the States for the year ending June 30, 1868. No objection was made, and the reference was accordingly made.
Mr. RADFORD. I move that the House now take a recess. The motion was agreed to; and accordingly (at 4 o'clock and 15 minutes p. m.) the House took a recess till half past 7 o'clock p.m. EVENING SESSION. The House reassembled at half past 7 o'clock p. m. IienRY E. EARLE.
Mr. LYNCH asked and obtained leave to withdraw from the files of the House the petition and papers in the case of Henry E. Earle. CAPITAL AND LABOR.
Mr. NIBLACK. I am instructed by the ComAppropriat to ask that that committee be discharged from the further consideration of a resolution referred to them, and that the same be referred to the ComClaims. The resolution was one directing the ComAppropriat to inquire into the expediency of . an appropriation for the payment of census marshals for taking the 8th census in California of the amount or balance remaining due, $9, 46048; also, an appropriation for the payment of outstanding California war bonds, $10, 188 63. The motion was agreed to. PENNSYLVANIA DISTRICT JUDGE.
Mr. NIBLACK. I am also instructed by the ComAppropriat to ask that that committee be discharged from the further consideration of a petition of members of the Philadelphia bar, asking an increase of the salary of the U.S. district judge for the eastern district of Pennsylvania, and that the same be referred to the ComJudiciary. The motion was agreed to. Mrs. GLoir WINA fort.
Mr. NIBLACK. I am also instructed by the ComAppropriat, to which was referred the petition of Mrs. Glorvina Fort, praying an appropriation to her of the sum of $2, 934 07, the amount awarded to her father by the U.S. district court of NewYork on June 26, 1793, for loss of the cargo of the brig Catharine, captured by oS. the French frigate be discharged from the further consideration of the same, and that it be referred to the ComClaims. The motion was agreed to. LEAVE OF ABSENCE. Mr. McCLURG asked and obtained leave of absence for the remainder of the week for his colleague, Mr. BENJAMIN.
Mr. STARR, by unanimous consent, submitted the following resolution, which was read, considered, and agreed to Resolved, That the Committee on rency be, Banking and cur and they are hereby, instructed to inquire gine tlod tbhye expediencyof prohibiting by law the sale of States; the SecyTreasury of the U.S and alsoby thenational banks; and to report by bill or otherwise. TAXATION OF NATIONAL BANros.
Mr. STARR also submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComBanking&Currency be, and they are hereby, instructed to quire into the expediency of exempting from Stainte or other local taxation that portion of the capital of the national banks invested in loans; and U.S. to report by bill or otherwise. NEWMEXICO LINCOLN.
Mr. DARLING, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComTerritories be requested to inquire into the propriety of changing the name of the Territory of NewMexico to that of Lincoln; and to report by bill or otherwise.
Skip Skip Message From the Sen.A.Te. A message was received from the Senate by Mr. FortNEy, its Secretary, notifying the House that that body had passed House bill No. 598, to establish a uniform system of bankruptcy throughout the U.S., with amendments, in which he was directed to ask the concurrence of the House. It also requested the return of House bill No. 269, for the relief of certain officers of volunteers, yesterday postponed indefinitely in the Senate. GOVERNMENT OF INSURRECTIONARY STATES. The House resumed the consideration of the bill (H.R.No. 1143) to provide for the more efficient government of the insurrectionary States, on which Mr. KELLEY was entitled to the floor.
Mr. BINGHAM. Mr. Speaker, by leave of t.h.e.;Gentfrom Pennsylvania, [Mr. KEL I desire to make a statement to the House; and after making that statement, to ask consent that the amendments which I have offered may be published in the Globe, together with the bill reported by the honorable Gentfrom Pennsylvania, [Mr. " so that tomorrow members may be able to understand exactly the effect of the amendments. By an inadvertence the Public Printer in publishing my amendments has preceded it by the words “srike out the parts within brackets, ” instead of saying “insert the parts within brack ets.” All that is not included in brackets is the original bill, word for word, as it was reported from the committee by the honorable Gentfrom Pennsylvania. The portions marked in brackets are what I wish to incorporate in the bill. In order that members may fully understand the issue between the Gentfrom Pennsylvania and myself I ask consent of the House thatmyamendments, together with the bill, be published in
The SPEAKER. The Chtahier Globe is informed that this error occurred in the public Printing Office; that the document was correct as it was sent from this House.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FoENEY, its Secretary, announced that that body had passed without amendment bills of the following titles: An act (H.R.No. 840) for the relief of James Pollock, late receiver at Crawfordsville, Indiana; and An act (H.R.No. 813) for the relief of Rufus C. Spalding, paymaster in the U.S. Navy. The messagefurther announced that the senate had passed a JtResolution (S.R.No. 160) for the relief of Dempsey Reece, in which the concurrence of the House was requested. RELIEF of volunTEER officers. The SPEAKER laid before the House the following message frofu the Senate: IN THE SENATE of THE U.S., February 12, 1867. Ordered, That the Secretary be directed to request the HoRep to return to the Senate the JtResolution No. 269, for the relief of certain onfitfeicleyrbsy of volunteers, 3.postponed indefi the Senate and returned to the House.
The SPEAKER. If there be no objection this bill will be returned to the Senate as requested. There was no objection. GOVERNMENT OF INSURRECTIONARY STATES.
Mr. ALLISON. Mr. Speaker, I have agreed to yield 20 minutes of my time to the Gentfrom Tennessee, [Mr. MAYNARD] and will do so now.
Mr. SHELLABARGER. I hope the gen: Gentfrom Iowa [Mr. Kose will yield still further to the Gentfrom Tennessee, [Mr. MAYNARD.]
Mr. ALLISON. I will yield to the Gentfrom Tennessee a few minutes longer of my time.
Mr. MAYNARD. I think that 5 or ten minutes will be all that I will require.
Mr. SHELLABARGER. With the permission of the Gentfrom Iowa, I will ask unanimous consent that the time of the Gentfrom Tennessee be extended, without.; any more from the time of the Gentfrom Iowa.
Mr. STEVENS. I hope he will be allowed all the time he wants while he is speaking as he has been speaking. No objection was made; and the time of Mr. MAYNARD was accordingly extended.
Mr. RAYMOND. Will it interrupt you if I ask you a question?
Mr. RAYMOND. With the gentleman's consent I would like to ask him a question, mainly for the sake of information to myself, and possibly to the House. He stated that at the outset of this session, during the debate on the President's message, he made a speech in which he took the ground that the real interpretation of the verdict of the last fall elections was, that in addition to the constitutional amendment, impartial suffrage would also be required as a condition for admitting the southern States. I desire to know from him, if he will be good enough to explain, on what ground he makes this declaration? So far as I observed the elections of last fall they turned clearly and distinctly upon the constitutional amendment. I should be glad to know from him whether in the State conventions or in any authorized declarations of the Union party in the States he has good warrant for saying that the voice of that party declared that in addition to the constitutional amendment there should be the further requisition of suffrage as a condition of admission on the part of the southern States?
Mr. HIGBY. I desire to suggest whether the taking of the constitutional amendment as the platform was not confined to the State of NewYork 2
Mr. BLAINE. Mr. Speaker, I will say that, with the exception of the State of NewYork, I do not now recall a single State convention or a single congressional convention within any loyal State that made the declaration that on the adoption of the constitutional amendment the southern States should be admitted to rePresentation here. On the contrary, I recall numerous declarations in State and district and county conventions through all the organized exponents that give voice to the policy of a party that the adoption of the constitutional amendment should not be the sole condition of readmission. Now, sir, I ask the Gentfrom NewYork a question in turn. When these numerous conventions, the exponents of party policy, negatived the Presumption that the constitutional amendment was to be the basis of read mission, what did they imply should be the additional requirement? What was that additional requirement if it was not suffrage? The idea that the adoption of the constitutional amendment was to be alone sufficient was distinctly negatived. Now, I repeat my inquiry, and I ask the Gentfrom NewYork to tell me and to tell the House what was fairly implied by that negative?
Mr. RAYMOND. Mr. Speaker, I understand that at the last session of Congress we adopted the constitutional amendment as the basis of reconstruction. We certainly adopted no other. That was the basis, the only basis, which this Congress put forth to the country. Now, although in the fall elections each State and each district and each county did not spe cifically say in so many words that this should be the only requirement made as the basis of restoration, yet, in the absence of any other provision, I submit to the Gentfrom aine that it is fair to assume that the country accepted the provision which Congress had Presented as that upon which they intended to restore the Union, especially as the issue was made distinctly between the policy of the President and the policy of Congress.
Mr. RAYMOND. I ask the gentleman to allow me one minute of reply.
Mr. ALLISON. I hope by unanimous consent the Gentfrom Maine will have a few minutes more.
The SPEAKER. How much time does the Gentfrom Maine want?
Mr. BLAINE. 15 minutes, and I will share it with the Gentfrom NewYork. There was no objection, and it was ordered accordingly.
Mr. BLAINE. I desire, Mr. Speaker, even if it subject me to the charge of repetition, to say that the action of the 39th Congress at its 1st session, so far as it indicated any ".did refuse to make the constitutional amendment the sole requirement of restoration to the rebel States. The resolution readmitting Tennessee, almost the closing act of the 1st session, especially and significantly ignored it. Political conventions in the ensuing campaign equally ignored it as a final basis, and throughout the whole loyal North I do not recall more than one State that took a contrary position. if I mistake not, the . man's own State was the only one that did put that as the distinct issue in the platform of the Union party, and I believe the author of that platform found his political death during the Present session of fo NewYork Legislature in his contest for the U.S. Senator ship principally by reason of holding that position. Am I right?
Mr. RAYMOND. Does the gentleman yield to me?.
Mr. RAYMOND. I think my friendfrom Maine deals somewhat in rhetorical statements when he says the proposition submitted at the last session of Congress to move a constitutional amendment as the basis of reconstruction was “kicked under the table” and treated with scorn and contempt. I can understand other reasons why it was not adopted without resorting to a supposition so extremely disre spectful to the Reconstruction Committee of Congress.
Mr. BLAINE. They helped to “kick it under the table.” [Laughter]
Mr. RAYMOND. Then, sir, if they did that after reporting it themselves, after spending 6 months of time, upon it, after submit ting it to Congress, if they, in general terms, “helped to kick it, ” they are guilty of more disrespect and faithlessness than I ever ven tured to charge them with, and that is saying a good deal. [Laughter] will say, Mr. Speaker, there is a sort of fair dealing in this matter, aside from technical objections, from legal quibbles, from mere words and phrases, upon which we base such an inference. We are acting here as the Congress of the U.S. We lay down the basis of reconstruction for restoring this Union. The last Congress did that. The Reconstruction Committee, appointed at the last session by joint action of the 2 Houses of Congress, laid down a basis of reconstruction. Well, sir, we adopted that constitutional amendment, and held it forth to the country as the basis of restoring the Union; and it was fairly presumed that if it should be accepted by the southern States it should be conclusive. objections having arisen to its adoption in terms, men holding exactly opposite views joining in opposition to it, it was laid aside; but not 20 men in this House voted against it on the ground that it did not provide for universal suffrage in addition to the constitutional amendment.. Now, I again ask the Gentfrom Maine to point me to a single State that added suffrage distinctly as an additional requirement for the restoration of the southern States.
Mr. BLAINE. I ask the gentleman this question Mr. RAYMOND. Let me 1st finish what I have to say on this point. I say that the JtCom on Reconstruction submitted to Congress and to the country the constitutional amendment, which was acquiesced in by the country with the understanding that it was to be regarded as the basis of reconstruction. It is possible they have concluded to lay that aside, for I admit that the changes of public opinion in this House are about as frequent as the changes of the moon.
Mr. BLAINE. Do I understand the Gentfrom NewYork [Mr. RAYMoND] to maintain that the 39th Congress adjourned at the close of the 1st session submitting to the people of the U.S. the constitutional amendment as, in the opinion of that Congress, the basis on which the disloyal States should be received to rePresentation here?
Mr. RAYMOND. The gentleman uses epithets; he speaks of “the disloyal States.”
Mr. BLAINE. Well, I will say the late insurrectionary States. The gentleman knows what I mean.
Mr. RAYMOND. I say that the 39th Congress adjourned last session, having proposed an amendment to the Constitution; and that they appealed to the people of the U.S. at the polls with the constitutional amendment as the only basis for reconstruction; that reconstruction must be on that basis, if on any. The Congress had made no other provision; they had laid down no other basis; they had specified no other programme. Now, what I wish to know is, can the Gentfrom Maine [Mr. BIAIN E] name to me some one State, or some 2 States, or any number of States, which added to that basis suffrage or any other distinct and specific terms such as would require any additional measures?
Mr. BLAINE. I again call the attention of the Gentfrom NewYork [Mr. RAYMoRD) to the preamble of the JtResolution for the readmission of Tennessee, which has already been read. The passage of that JtResolution was, I repeat, about the last act in reference to reconstruction which the 39th Congress performed at its last session.
Mr.?os. Exactly; that is what I have said: “ratified the amendment proposed by the 39th Congress.”
Mr. BLAINE. But that is not all; the preamble further says, “and has done other acts proclaiming and denoting loyalty.” Now, the very last of these “acts proclaiming and denoting loyalty” was the one ratifying the amendment proposed by the 39th Congress.
Mr. RAYMOND. That was the last thing required of them by Congress; and there was no requirement of suffrage embraced.
Mr. McKEE. Will the Gentfrom Maine [Mr. BLAINE] allow me to ask him a question?
Mr. McKEE. I desire to ask him this lo. if the State of Tennessee had reused to adopt or ratify that constitutional amendment, would he have voted for her admission, even though she had done all the other acts recited in the preamble which he has read?
Mr. BLAINE. Before I answer that question I desire to say to the Gentfrom NewYork [Mr. RAYMoND] that he can show only one State, his own, that ever accepted the constitutional amendment proposed by Congress as the only basis to be required for reconstruction. And I submit that however great NewYork is, however overshadowing are her numbers, she cannot in that respect give law to the great Union of the loyal States.
Mr. RAYMOND. Is it not true, and does the gentleman not know it to be true, that we admitted Tennessee into this Congress upon a telegraphic announcement that she had adopted the constitutional amendment?
Mr. BLAINE. That Tennessee had done that among other acts. And now I will say, and that will answer the question of the Gentfrom Kentucky, [Mr. McKEE,) that if Tennessee had not adopted that constitutional amendment she could not have been admitted. But the gentleman takes the negative for the affirmative. That of itself would not have been sufficient; without it she could not have been admitted; nor could she have been admitted with that ratification unless she had accomplished certain other acts.
Mr. RAY MOND. That ratification was what we waited for.
Mr. BLAINE. Because it was the last in the order of the acts which distinguished Tennessee from the other ten States. That, with other things, is what the other ten States lack, and that is the reason why they are today not rePresented here.
Mr. ALLISON. I desire to yield the remainder of my hour to the Gentfrom Ohio, [Mr. GARFIELD] But before doing so I wish to inform the Gentfrom NewYork
Mr. RAYMonD] that the Republican party of the State of Iowa, in its platform during the last canvass, distinctly enunciated as one of its planks a proposition in favor of universal suffrage. I now yield the remainder of my time to the Gentfrom Ohio, [Mr. GARFIELD]
Skip Skip At the conclusion of the remarks of Mr. Noel.L., Mr. VANHoRN, of NewYork, obtained the floor, but yielded to Mr. PRICE, who moved that the House adjourn. The motion was agreed t;o and accordingly (at ten o'clock and 40 minutes p.m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, February 12, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. LANE, and by unanimous consent, the reading of the Journal of yesterday was dispensed with.
Mr. WILSON, from the ComMilAffrs , to whom the subject was referred, reported a bill (S.No.592) to provide for a temporary increase of the pay of officers in the Army of the U.S., and for other purposes; which was read and passed to a 2nd reading. He also, from the same committee, to whom was recommitted the bill (H.R.No. 848) to amend an act entitled “An act to incorporate the National Soldiers' and Sailors' Orphans' Home, ” approved July 25, 1866, reported it with an amendment.
Mr. LANE, from the ComPensions, to whom was referred the bill (S.No.535) for the benefit of Mrs. Jerusha Page, reported it without amendment, and submitted a report; which was ordered to be printed. He also, from the same committee, to whom. was referred the bill (S.No.558) for the relief of Mary A. Smith, of Johnson county, Tennessee, widow of Alexander D. Smith, deceased, reported it with an amendment.
Mr. RAMSEY, from the ComPostOffices, to whom was referred the memorial of officers of the Southern minnesota Railroad Company, reported a bill (S.No.593) to authorize the Southern Minnesota Railroad Company to construct a bridge aeross the Mississippi river, between LaCrosse, in the State of Wisconsin, and the opposite bank of said river, in the State of Minnesota, and to establish said bridge as a post route: which was read and passed to a 2nd reading.
Mr. SHERMAN, from the ComFinance, to whom the subject was referred, reported a bill (S.No.594) to provide for the payment of compound interest notes; which was read and passed to a 2nd reading.
Mr. HARRIS, from the ComPrivLandClms, to whom was referred the bill (S.No.578) to extend the provisions of an act entitled “An act for the final adjustment of private land claims in the States of Florida, Louisiana, and Missouri, and for other purposes, ” reported it without amendment.
Mr. POMEROY, from the ComPubLands, to whom was referred the bill H.R.No. 746) for the organization of land districts in the Territories of Arizona, Idaho, Utah, and Montana, reported it with an amendment.
Mr. MORGAN, from the ComCommerce, to whom was referred the bill (S.No.467) to amend the act entitled “An act further to provide for the safety of the lives of passengers on board of vessels propelled in whole or in part by steam, to regulate the sal aries of steamboat inspectors, and for other purposes, ” approved July 26, 1866, reported it without amendment, and submitted a report; which was ordered to be printed.
Mr. FESSENDEN, from the ComFinance, to whom were referred the following bills, reported them severally with amend iments: t A bill (H.R.No. 904) making appropriations for the consular and diplomatic expenses of the Government for the year ending 30th June, 1868, and for other purposes; an A bill (H.R.No. 912) making appropriations for the support of the Military Academy for the fiscal year ending 30th June, 1868.
Mr. HOWE, from the ComClaims, to whom was referred the petition of Annie E. HDixon, widow of Henry T. Dixon, late a major of volunteers, asked to be discharged from its further consideration, and that it be referred to the ComPensions; which was agreed to.
Mr. SUMNER. The ComForRel, to whom was referred the JtResolution (H.R.No. 246) for the relief of Town sand Harris, have had it under consideration, and directed mendation that it be indefinitely postponed. In making this report I desire to say emphat ically that the committee were strongly impressed by the value of the services rendered to the country by this gentleman, who was consul general of the U.S. at Japan, in negotiating the treaty with that Government, but they find no sanction in the law or in any established precedent of the Government for allowing the additional compensation which he claims on aceount of that service. They, therefore, with very great respect for Mr. Har ris, and with a sense of his eminent services, have come to the conclusion that they cannot recommend the passage of this JtResolution. I am directed, therefore, to report it back, and to move that it be indefinitely post poned. The motion was agreed to. JAMES REENAN.
Mr. SUMNER. The ComForRel, to whom was referred the JtResolution (H.R.No. 247) for the relief of James Keenan, have had the same under consideration and have directed me to report it back with a recommendation that it pass. As this is a very short resolution, and as it has been passed by the other House, I ask that the Senate proceed with it now. It will take but one minute. By unanimous consent, the JtResolution was considered as in ComWhole. It proposes to authorize the SecyTreasury, in the settlement of the accounts of James enan, late consul at HongKong, China, ".P. his legal rePresentatives the amount of exehange to which he would have been entitled for loss if he had drawn the several balances due him on the adjustment of his accounts. The JtResolution was reported to the Sen. me to report it back with a recomate, ordered to a 3rd reading, read the 3rd time, and passed. PAUL S. FORBES.
Mr. RAMSEY. The ComNavAffrs, to whom was referred the amendment of the HoRep to the JtResolution of the Senate (S.R.No. 99) for the relief of Paul S. Forbes, under his contract with the Navy Dept for the building and furnishing of the sloop of war Idaho, have directed me to report it back with a few slight amendments to the House amendment. think this matter ought to be disposed of, and I therefore ask the Senate to proceed to its consideration at once. By unanimous consent, the Senate proceeded to consider the House amendment. The 1st amendment of the ComNavAffrs was in line 6 of the House amendment, to strike out “upon payment” and insert “at a price.” The amendment to The amendment was agreed to. The next amendment was after the word “dollars” in line 6, to add, “already paid said Forbes, and which shall be in full discharge of his contract with the Navy Dept on account of said steamship.” The amendment to The amendment was agreed to. The House amendment, as amended, was concurred in. MAIL SERVICE TO CHINA.
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution for the printing of extra copies of the report accompanying Senate JtResolution No. 98, have instructed me to report it back with an amendment; and I ask for its Present consideration. The Senate proceeded tolution. consider the reso. The amendment of the ComPrintg was to strike out “ 1,000 ” and insert “ 500;” and the resolution, as amended, was agreed to, as follows: Resolred, That 500 extra copies of the report No. 116 of the Senate, to accompanyJtResolution (S.R.No. 98) to amendan act entitled “An act to authorize the establishmentof oceanmail steam ship service betweenthe U.S and China, ” approved February 17, 1865b, e printed for the use of the Senate. NOTICE OF A BILL.
Mr. CHANDLER. I desire to give notice that I shall tomorrow or some subsequent day ask leave to . a bill repealing all existing tariff laws, and imposing an equal duty of 50%. upon all articles imported into the U.S. from and after the passage of the act. BiLLS INTRODUCED.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 170) to facilitate the settlement of claims for quartermasters' stores and subsistence supplies furnished by loyal persons to the Army of the U.S. in the late rebellion; which was read twice by its title, and ordered to lie on the table.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.595) to regulate the disposition of an irregular fund in the custody of the Freedmen's Bureau; which was read twice by its title, and referred to the ComMilAffrs .
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.596) granting lands to the States of Wisconsin Michigan to aid in the construction of the Wisconsin and Lake Superior railroad and its branches; which was read twice by its title, and referred to the ComPubLands.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 171) for the relief of Martha McCook; which was read twice by its title, and referred to the ComPensions. PATENT BUSINESS.
Mr. WILLEY submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved.That on Friday next, at 7 o'clock p. m., the Senate will proceed to the consideration of businessrelating exclusively to patentsand the Pat ent Office. PRESIDENTIAL OFFICE.
Mr. TRUMBULL, while reports of commit.tees were being called for, submitted a motion that the Senate proceed to the consideration of House JtResolution No. 235.
Mr. HARRIS. I ask for the consideration of the resolution in regard to the compensation of the Senators from Tennessee.
Mr. SUMNER. There is on the table a resolution that I offered yesterday, of instruction to the ComJudiciary, that was ob. jected to. I should like to have it acted upon now.
The PRESIDENT protempore. The Chair will receiye the resolution of the Senfrom Vermont.
Mr. POLAND. I offer the following resolution: Resolved, That the ComJudiciary be directed to inquire into the expediencyof amending the Constitution of the U.S. so as, 1st, to restrict the officeof the President to a single term, and for extending that term to a period of 6 years; 2nd, to abolish the officeof VEEP: 3rd, to provide for the election of Presidents directly by the people, without theintervention of Electoral colleges; and to report the proper articles of amendment to be proposed to the several States. I will not ask that this resolution be considered now. I introduce it ject because the subis before the Senate, and I desire that this view of the question may be submitted so that the subject may be considered in every aspect.
The PRESIDENT protempore. The resolution will lie over under the rule. Order OF busin ESS.
Mr. POLAND. Now, if I am in order, I ask the Senate to proceed with the consideration of the bankrupt bill.
Mr. SUMNER. I wish that the Senate would take up and pass the resolution of inquiry which I introduced yesterday. I wish to get that subject before the ComJudiciary.
The PRESIDENT protempore. The Chair will state that there are now 4 different motions to proceed in the consideration of business upon the table. The Senfrom Illinois [Mr. TRUMBULL] is recognized by the Chair as having made the 1st motion.
Mr. TRUMBULL. I trust the Senate will proceed to the consideration of the jtresolution which I have indicated.
Mr. HARRIS. I desire to inquire of the Chair whether the resolution which I ask to have considered does not properly belong to the order of resolutions, and whether it is not a privileged question? It is a resolution reported by the ComJudiciary for the compensation of the Senators from Tennessee.
The PRESIDENT protempore. The Chair thinks there is no special privilege in regard to a resolution of that description, and no special privilege in a motion to take up a resolution upon the table over a motion to take up a bill or a JtResolution. The Chair thinks the practice of the Senate has been to recognize any Senator who, after the morning business is completed, makes a motion to take up either a bill, a JtResolution, or a resolution, without regard to one having priority over the other.
Mr. HARRIS. I am not at all familiar with the rules of the Senate, but I was advised by those who are familiar with them that this was a question belonging to the order of resolutions, and therefore had priority at this time.
Mr. TRUMBULL. I trust we can take up both questions this morning. If the Senfrom NewYork will allow the resolution which I have moved to take up to come up, I think I desire to offer a resolu we can dispose of it in a short time. My motion is that the Senate proceed to the consideration of the JtResolution (H.R.No. 235) to amend an act entitled “An act for enrolling and calling out the national forces, and for other purposes, “ approved March 3, 1863.
Mr. POLAND. I trust that JtResolution will not be taken up. I am perfectly aware, having been one of the committee that reported it, that it is a subject which will lead to a discussion, and take a considerable time. I desire to bring the bankrupt bill before the Senate this morning and have a vote upon it, that we shall determine it finally one way or the other. It seems to me that that bill, having been considered so much, and having been once put upon its final passage, I am entitled to have it taken up and disposed of before new bills are brought before the Senate which have not been considered at all. I trust the Senate will not vote to take up the JtResolution which the Senfrom Illinois proposes to take up, and that they will come to a vote upon the bankrupt bill, which I think can be determined in 5 minutes.
Mr. TRUMBULL. I trust the Senfrom Vermont will not interpose and antagonize the bankrupt bill against this JtResolution from the HoRep. This JtResolution repeals or suspends a section of a statute passed some years ago which authorizes the appointment of commissioners to assess the amount which should be paid to the owners of slaves on account of their slaves having entered the military service of the U.S. I think that section ought to be repealed. The House passed some time ago this resolution repealing it; but I understand that commissioners are engaged in assessing damages under the former statute, while there is no.; provision them. In this way expense is accu mulating; a pretense of a claim, at any rate, is being made against the Government. I hope the JtResolution will be taken up and acted upon.
Mr. WILSON. I agree with the Senfrom Vermont that we had better not in this morning hour take up the JtResolution referred to by the Senfrom Illinois. It will take some time to dispose of it, and I deem it very important that we should this morning take up the bankrupt bill upon which we can very soon come to a vote. I am sure of one thing, that the measure which the Senfrom Illinois moves to take up will lead to a debate that will consume the entire morning, and perhaps not be settled then.
Mr. TRUMBULL. Do you not think we ought to settle it at once?
Mr. WILSON. I think it ought to be settled very soon, in a day or two.
Mr. TRUMBULL. We may as well take it up. It will take no more time this morning than any other morning, unless the Senfrom Massachusetts means that it shall not come up at all.
Mr. WILSON. I will do nothing to interpose in its way; but there was an understand:ing last night that the bankrupt bill should come up and be voted on this morning in order that it may go to the other House, as may there be occasion for a committee of conference upon it.
Mr. TRUMBULL. I know of no such understanding. Certainly there was no understanding in the Senate on that point.
Mr. POLAND. The Senfrom Illinois says that this JtResolution was passed by the HoRep some days ago. That is very true; but the bankrupt bill was passed by the House at the last session, nearly a year ago, and it is a bill which has been fully considered, and we are on the question of. its and it could have been disposed of in half the time we have taken up in talking on the question of priority. I suggest that it be allowed to be oup and voted on.
Mr. TRUMBULL. I did not raise the question of priority; the Senfrom Vermont raised it. It is for the Senate to determine. I consider that I have discharged my duty in reference to the matter. This is a JtResolution from the HoRep which came to this House some time ago. They thought it important that it should be passed, and that the action of this commissioner in some of the States should be stopped. There are reasons, that it is unnecessary to go into now, why we supposed it important that the JtResolution j.pass at an early day. It went to the ComJudiciary, received the favorable consideration of that committee, and is reported back to the Senate. I consider it my duty as the organ of the committee to ask the Senate to consider it. If the Senate will not do so, I shall have discharged my duty, I submit it to the Senate.
Mr. DAVIS. I hope the JtResolution referred to by the Senfrom Illinois will not now be taken up. I see that one of the senators from Yond {Mr. JOHNson] who takes a deep interest in that subject, is not in his seat. The State of Missouri is also considera bly interested in the subject, and I see neither of the Senators from that State in his seat. I hope those Senators will be permitted to be in their seats before the Senfrom Illinois calls up that JtResolution.
Mr. FESSENDEN. I think we ought to dispose of the bankrupt bill. It now stands on a motion to reconsider; and if we mean to pass it at all, it ought to be sent to the HoRep in time for action there. It has been fully debated, and we ought not to take much more time in discussing it. I really think the Senfrom Vermont is entitled to have it considered.
The PRESIDENT protempore. The question is on the motion of the Senfrom Illinois, that the Senate proceed to the consideration of House JtResolution No. 235. The motion was not agreed to. THE BANKRUPT BILL.
The PRESIDENT protempore. The Chair understood the Senfrom NewYork to submit a o motion. HARRIS. I give way to the bankrupt Ill.
Mr. POLAND. I move to take up House bill No. 598. The motion was agreed t;o and the Senate resumed the consideration of the bill (H.R.No. 598) to establish a uniform system of bankruptcy throughout the U.S.
Skip Skip The PRESIDENT protempore. This bill has been read 3 times, and fhe question is on its passage. Mr. GRIMES called for the yeas&nays, and they were ordered.
Mr. SUMNER. There are one or 2 amendments that I desire to move to the bill.
The PRESIDENT protempore. The bill is not amendable in its Present stage.
Mr. WADE. We have tried your amendments and rejected them.
Mr. SUMNER. So was the bill rejected. I supposed the purpose of the reconsideration was to give an o to amend the bill.
The PRESIDENT protempore. The vote of the Senate ordering the bill to a 3rd reading must be reconsidered before the bill can, under the rules, be amendable.
Mr. DIXON. I desire to say a single word in reply to the remarks of the Senfrom Massachusetts in regard to the treatment which he says is received by Union men in the South from what he calls the rebels, meaning by that the whole people of the South who were for merly in io. This charge has often been made; it is made every day; it has gone through the country, and it is believed generally by the people that throughout the whole southern country the men lately in rebellion are now engaged in one grand conspiracy, as it would seem, of opPression and abuse against those who were formerly Union men and against the blacks. Sir, I wish to say that, in my judg ment, from inquiries which I have made, from testimony satisfactory to my mind, these statements are, to say the least, to use a mild exPression, grossly exaggerated. Sir, there is no evidence of such a state of things, although the Senfrom Massachusetts has read to us many anonymous letters, which he may call evidence. There being no evidence whatever that such a state of things exists at the South, without meaning of course to.the remark to the Senator or to any individual but merely speaking in the abstract I say the accusation against the South seems to be a stupendous falsehood. I saw the other day a gentleman, formerly a member of Congress from the South, always a Union man, by whom I was told that the northern mind was utterly abused on this subject. He said he knew the charge was believed, and it seemed impossible to get a conradiction, but he declared that the blacks were as well treated in his State as the whites.
Mr. DIXON. The State of Georgia. I will state another fact. I was informed by a gentleman whose business leads him throughout the whole State of Georgia, traversing it from one point to another daily, that the colored people of the South, instead of being ill treated, are receiving the kindest treatment from their old masters and their old employers. He stated that there was a very great fear in Georgia that the colored population would leave the State, would migrate to the Mississippi river, where they j' higher wages; and knowing how important their labor was to the State they were treated with the greatest possible kindness. That gentleman I knew well. He is a man of truth. I believe him. We have other information. I saw it stated today that a Gentfrom the South, formerly a rebel and a leading rebel, was now in this city, who had his old slaves on his plantation and was employing them. That is a fact of some value. But I did not wish to go into this subject at length. I wish only to say that in my belief if the people of the country could know the actual truth on this subject they would find that the exaggeration was gross. I have no doubt that in the wilds of Texas and in some other portions of the southern country the negroes are ill treated, and I should be glad to see proper legislation applied to cases of that kind. If facts should be brought before us and a real instance was pointed out calling for legislation, and a law was passed which was in accordance with the Constitution, I would gladly vote for it. I think the civil rights bill already applies to it; but this general statement, that throughout the southern country the colored people and the Union white people are abused at this day and need protection from Congress, as a general thing I believe to be in correct. I believe the idea which now prevails in the northern mind upon this subject is, as I said before, based on a stupendous falsehood, and it ought to be corrected.
Mr. CONNESS. Mr. President, what is the question before the Senate?
The PRESIDENT protempore. The question is, shall the bill pass 2
Mr. CONNESS. Well, sir, I hope we shall get the vote upon it.
The PRESIDENT protempore. The Chair will put the question the moment the debate ceases.
Mr. SHERMAN. I wish to state in regard to the bankrupt bill, that at the request of the Senfrom Vermont, [Mr. EDMUNDs, who has been called away by the illness of his wife, I agreed, on the passage of the bill, to pair with him. I am opposed to the bill and he is in favor of it. Upon the question of amendment to the bill I am at liberty to vote.
Mr. DIXON. The Senfrom Illinois [Mr. YATEs] did not address himself precisely to what I had said. I did not say that there was a spirit of loyalty throughout the whole South. The Senator would be glad to see it everywhere, and so should I. I have no doubt there is in some portions of the South a o bad and I have no doubt there is throughout the whole South something remaining of course it could not be otherwise of that feeling which led to rebellion and which was developed by rebellion. It would be miraculous if that feeling should have ceased entirely; but it has ceased to an extent far greater than I expected to see at so early a day as this. What I said was that the statements were grossly exaggerated, so grossly exaggerated that they may be said, taken together, as declaring the South to be in a disloyal condition, and that the Union men and the colored men need protection against the cruelty and abuse of the southern people as a mass. such statements I repeat may be called false. The testimony does not prove them to be true. That there are exceptional locations in that part of the country in a very bad condition I have no doubt. There are places in the city of NewYork where none of us would be safe tonight if we exPressed what might happen to be unpopular sentiments; but it seems to me that we ought to legislate with regard to the general character of the people, and not with regard to particular cases or individuals.
Mr. POLAND. I really trust, Mr. President, we shall now be allowed to come to a vote on this bill. This debate is on no question before the Senate, and it can take place just as well after we have voted on the bill as before. I really hope the Senfrom Wisconsin will allow us op vote.
The PRESIDENT protempore. The morning hour has expired and it becomes the dut of the Chair to call up the special order which is House bill No. 452.
Mr. POLAND. I hope that may be laid aside long enough for us to get a vote on the bankrupt bill, and I trust Senators will agree to that course.
Mr. DOOLITTLE. I will forbear taking any further time of the Senate if the honorable Senfrom Vermont desires to take a vote on the bill. I simply wish to say that, under bankrupt laws in other countries, even alien enemies are allowed to come in and take the benefit of them.
The PRESIDENT protempore. The bill before the Senate is House bill No. 452.
Mr. PQLAND. I move to postpone that temporarily.
Mr. GRIMES. I am perfectly content that this bill shall be postponed or laid aside informally if we can have a vote on the bill of which the Senfrom Vermont has charge; but if there is to be debate upon it, and I understand the honorable Senfrom massachusetts [Mr. SUMNER] has risen to address the Senate on that subject, I must object.
Mr. POMEROY. I think we had better complete this question of the bankrupt bill.
Mr. GRIMES. If there is any understanding reached by the Senfrom Vermont and his friends that the bankrupt bill can be voted on now, I am perfectly content that the special order shall be laid aside informally.
Mr. CRAGIN. I wish to say a few words before the bankrupt bill passes; I may perhaps occupy 5 minutes.
Mr. GRIMES. Then, I trust the special order will not be laid aside.
The PRESIDENT protempore. The ques.tion is on the motion of the Senfrom Ver mont, to postpone the Present and prior orders o continue the consideration of the bankrupt lil. On a division, there were ayes 24, noes 7; so the motion was agreed to.
Mr. DOOLITTLE. If we can come to a vote on the question I do not desire to take up the time of the Senate on this side issue which is sprung on the bill here.
Mr. CONNESS. I have no desire to continue this discussion, and shall only say a few words. Mr. President, I may be mistaken in my estimate of myself; but I claim some manhood; I claim a little courage; I claim some devotion to the Republic; I claim some integrity in the support of humanity and of correct principles; and because I do claim those things I am tired of the whip of the leader in this body lashed at me, telling the country at the same time in those stentor tones of his that there is none here to do duty but the honorable Senfrom Massachusetts. I am tired of that relation here; I have great respect for the Senator; I have much attachment for the senator; I have stood by the Senator, in my way, heretofore; but the Senator should leave to me and to every other Senator some individuality. Mr. President, it is not right, it is indecent at this time, after we have been tried here, myself for 4 years, in every struggle, in every vote, in every act that could defend the nation or defend humanity, to have the country told that we are cowards, lacking moral nature, lacking the disposition to do our duty. such paintings are drawn constantly, and we are denounced, by implication if not directly, and frequently directly, as falling short of our duty in this body. Mr. President, we are equals here. I am tired of this. I shall not submit to it for one. I only simply profess to be an atom of this body, one of its constituent elements, but I ask to befiet alone and not to be placarded to the country as a coward. Upon every occasion this opportunity is seized. I am tired of it.
Mr. JOBINSON. Mr. President, what is the question immediately before the Senate?
The PRESIDING OFFICER, (Mr. HARRIs in the Chair.) On the passage of the bill.
Mr. JOHNSON. So I supposed. When any other question is before the Senate that involves the condition of the South I may take occasion, and probably will, to answer what I consider as the unfounded charges upon the condition of the people of that section; but at. time, in my opinion, it is entirely out of ace.
Mr. DIXON. The Senator asks what does he say now? I ask what does he say now in his published reports?
Mr. DIXON. Where is his testimony? Has it been published?
Mr. DIXON. The Senfrom Massachusetts, I know, does not intend to misrePresent me. He says it is too late for any man to stand here and defend or apologize for the crimes Iwhich he says have been committed in the South. desire that Senator and the Senate to understand that I do not defend, nor do I apologize for any outrage or wrong. What I do I may be mistaken; the evidence may be adduced is not to defend, but to deny the existence of the crime. I say the charge is not proven. I do not believe that the whole South is so utterly lost to all sense of justice, so utterly depraved as to have turned against the helpless colored men who have formerly been their slaves. I believe, on the contrary, from the evidence which I receive, that as a general thing they are treating them with kindness; that the former slaves are generally, or at least in a vast number of instances, living with their old masters on terms of friendship and brotherhood. I believe that; and believing it, I take the liberty to say so. I should not apologize for a different state of things.
Mr. SUMNER. How is it with the white Unionists of the South? Are they well treated?
Mr. SAULSBURY. I know of no member of the Senate of the U.S. for whom I have a more profound respect than I have for the honorable Senfrom Indiana. I know of no member of the Senate who would answer more frankly an interrogatory propounded honestly to him than the Senfrom Indiana. Sir, I have been here for 8 years, and I have heard these terms “rebellion” and “rebellious States” and “disloyal man” frequently used here. I want to ask my friend now what is meant by a “rebellious State” and a “disloyal man?” His ideas on those questions and mine differ. I hold that there has never been a rebellious State, and that the man who obeyed the lawful commands of his State was not a disloyal man. I should like to hear from the distinguished Senfrom Indiana some explanation of the error under which I labor.
Mr. LANE. It would give me great pleasure to answer the distinguished Senfrom Del aware if I thought it at all pertinent to investigation this f will simply say now that any man who went into armed rebellion to over. throw the authority of the U.S. is a rebel, and that any State passing an ordinance of secession is a rebellious State. I hold that their 1st allegiance always, under the Constitution of the U.S., is to the U.S.
Mr. SAULSBURY. Will my friend allow me to ask him one further question?
Mr. SAULSBURY. Suppose that the State of Delaware, by whose action I owe obedience to this Government, enters into a compact of union with other States, transferring obedience on my part from the Federal Government, withdraws it upon political questions and questions upon which the U.S. courts have jurisdiction; who decides, the Federal government or the State?
Mr. LANE. In answer to that question I shall simply say that if the State of Delaware should do any such thing she would, in my opinion, do a very foolish thing, and would be brought to see it just as the States lately in rebellion have been brought to see their error. But I do not choose to go into that controversy. As to this whole question of the Present condition of the southern States, I think so far as this discussion is concerned it has no further relevancy than simply to look to their condition as a bar or prevention to the collection of northern debts. When the subject of reconstruction shall come Iup shall be, I hope, prepared at least to give a conscientious if not an intelligent vote. I think we shall soon have to establish there provisional governments supported by the military power of the Government strong enough to protect loyal citizens, white and black, or we shall have to establish military governments over the lately insurgent States to effect precisely the same object. But I rose simply to enter my protest against the passage of this bill, and not to be drawn into a general discussion about the condition of the South. God knows I have no feelin of enmity, no feeling of vengeance, towar the South. I would that the rebel people of the rebel States were 100 times more loyal than I fear they are.
Mr. STEWART. I wish to say a word in reply to some suggestions of the Senfrom Indiana. I should like to inquire of that senator if Indiana has not an insolvent law on her statute book?
Mr. LANE. I will answer that question with great pleasure. Indiana has insolvent laws under which every honest debtor who is not tainted with fraud may be released from his debts at any hour.
The PRESIDING OFFICER, (Mr. HARRIs in the chair.) The question is on the passage of the bill, and upon this question the yeas&nays have been ordered. The Secretary proceeded to call the roll.
Mr. ANTHON o: (when his name was called) said: I was paired off on this question with the Senfrom Pennsylvania who is absent, [Mr. CowAN,) who was kind enough to pair off with me when I could not be Present. The Secretary resumed and concluded the calling of the roll, and read the list of yeas&nays, as follows: YEAS–Messrs.Chandler, Conness, Creswell, Dixon, Doolittle, Fessenden, Foster, Harris, Howard, John. son, McDougall, Morgan, Norton, Poland. Pomeroy, Ramsey, Ross, Stewart, Van Winkle, and wilson 20. NAYS Messrs. Brown, Buckalew, Cragin, Davis, Fogg, Grimes, Henderson, Hendricks, Kirkwood, bLaunll, e.WMaodreri, llW. iNlleeys, mWithil, liSamausl, sbury, Sprague, Trum and Yates 19. mAuBnSdEs, NFTo wMleesr, srFsr.elinAgn htuhyosneyn, GCautttherlile, CHoowwaen, NEyde, Patterson, Riddle, Sherman, and Sumner–13.
The PRESIDING OFFICER. On this othe yeas are 20 and the nays 19; so the bill is passed.
Mr. LANE. The Senfrom Tennessee was on the floor before the vote was announced and asked to vote.
Mr. LANE. I ask that he may be permitted to vote before the result is announced.
Mr. TRUMBULL. He addressed the Chair, but the Chair did not notice him.
The PRESIDING OFFICER. The Senfrom Tennessee will be allowed to vote.
Mr. FRELINGHUYSEN. I desire to vote. I vote “yea.”
The PRESIDING OFFICER. The Chair will restate the vote. On this question the yeas are 22, and the nays are 20; so the bill is passed. ORDER OF BUSINESS.
Mr. CHANDLER. I move the Senate proceed to the consideration of House bill No. 344, to incorporate the Niagara Ship Canal Company.
Mr. GRIMES. There was a bill taken up on last Friday and made the special order for Saturday; but preference was given to the ComDistCol on that day. It was then made the special order for today at one o'clock, but was put over for the sake of taking up the bankrupt bill. I desire the Senate to proceed to the consideration of that bill. I trust, therefore, that the Senfrom Michigan will withdraw his motion and allow that bill to be taken up.
Mr. CHANDLER. I do not think this will occupy much time. I propose to bring it to a vote without debate.
Mr. GRIMES. I supposed that the bill to which I alluded was entitled to precedence. I do not know whether that is the rule or not.
The PRESIDING OFFICER. The Chair understands it was postponed by a vote of the Senate.
Mr. CHANDLER. Then I hope my motion will be put to take up House bill No. 844.
Mr. FESSENDEN. I think in fairness to the Senfrom Iowa his bill ought to come up. It was made the special order for Satur day, and then postponed until today and made the special order for one o'clock, but the senate then postponed it on account of the peculiar circumstances under which the bankrupt bill stood. I think, therefore, it is no more than fair that the Senator should have the floor now to take up his bill. I am opposed to his bill; but I cannot think it would be right for the Senate to take it out of his hands simply be: cause it was postponed for the bankrupt bill on account of that being a question which the Senate had to pass upon. hope, therefore, that the bill of the Senfrom Iowa will be suffered to resume its course.
Mr. JOHNSON. I understood that it was postponed with the understanding on the part of the Senate that it would be taken up next after the bankrupt bill. I certainly was under that imPression.
Mr. FESSENDEN. That was my understanding.
Mr. JOHNSON. The Senfrom Iowa told the Senfrom Vermont that he had no objection to his bill being proceeded with, provided his should not lose its place, and if that was the understanding he withdrew all objection. No Senator said that he did not concur in that view, and the bankrupt bill was taken up. Under these circumstances I hope my friendfrom Michigan will permit the bill in the charge of the Senfrom Iowa to be taken up.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Michigan to take up the bill (H.R.No. 344) to incor porate the Niagara Ship Canal Company.
Skip Skip Mr. HENDRICKS. Is it in order to move onend that motion by substituting another ill P The PRESIDING OFFICER. The Chair thinks not. Mr. CHANDLER. on the motion. I will ask for a division Mr. GRIMES. Let us have the yeas and naVs. The yeas&nays were ordered.
Mr. TRUMBULL. At this stage of the ses.sion it is very manifest I think that if we cannot get up this bill now there will be very little prospect of getting it up and acting upon it during the Present session. It is a House bill which passed the HoRep at the last session. It is a very important measure to the people of the West, in which they feel a very deep interest, and I hope that the Senate will allow us to consider this bill. There was an effort made at the last session of Congress, but we could never get the consideration of the Senate to it.
Mr. MORGAN. It was postponed by the Senate.
Mr. TRUMBULL. It was never considered in the Senate. It was reported by the committee, and I think the Senfrom Michigan, who has charge of the bill, if I recollect rightly, made several efforts to get the attention of the Senate to it and a vote upon it. It is true that it was laid aside by a vote, just as it will be at this session by refusing to take it up.
Mr. FESSENDEN. You can take it up after we get through with this.
Mr. TRUMBULL. Is there any assurance that we can take it up afterwe get through with the measure of the Senfrom Iowa?
Mr. FESSENDEN. You have just exactly the same chance as anybody else has.
Mr. TRUMBULL. Just as good a chance. Now this is in order. The motion made by the Senfrom Michigan is in order.
Mr. FESSENDEN. The motion is made, but it is not yet agreed to. I suppose we have a right to state the objection to taking it up, and that is that another bill is fairly entitled to precedence under the circumstances, having been assigned for today.
Mr. TRUMBULL. If there is anything in that I hope they will not be antagonized, because I desire to see a fair vote on the Niagara ship canal bill.
Mr. FESSENDEN. That is the ground on which I put it.
Mr. TRUMBULL. If the Senfrom Maine or other Senators think it is crowding some other bill out that is fairly entitled to precedence, I hope the Senfrom Michigan will not Press the motion.
Mr. FESSENDEN. That is entirely the ground on which I put it. As I said, I am not in favor of the bill which the Senfrom Iowa wishes to take up, and never have been; but it having been especially assigned for to day I believe it was 1st brought and as signed for Saturday Mr. TRUMBULL. It had not been assigned for today.
Mr. FESSENDEN. Yes, it was specially assigned for today at one o'clock, but the bankrupt bill intervened.
Mr. HOWARD. The Senate postponed it by perfect understanding that they were only post oning it in order to dispose of the bankrupt E. that was pending at the time on a reconsideration.
Mr. FESSENDEN. I so understood it, and I think common fairness requires that other measures should not be antagonized with it.
Mr. CHANDLER. if I can have an understanding that this bill shall come up imme diately after the action of the Senate upon the bill that the Senfrom Iowa proposes to bring Iup will consent to withdraw my notion. But I have been trying, as the Senfrom Illinois has stated, for 2 sessions to get a vote on this bill and have failed thus far. I think it is the most important measure now before the Senate. The House acted upon it nearly 2 years ago. It is a bill in which the Northwest take a deep interest. It is of equal interest to the East. It is a national work, a work of necessity. If Senators will, by wommon consent, y a vote.
Mr. FESSENDEN. I know, but with a say that this bill shall come up immediately after action on the other bill, I will withdraw my motion.
Mr. CONNESS. Why, Mr. President, whether the Senator withdraws it or not the Senate will settle it by a vote. I hope we shall come to a vote, and that will settle it.
The PRESIDING OFFICER. Does the Senfrom Michigan withdraw his motion?
Mr. CHANDLER. No, sir. ]". being taken by yeas&nays, resulted yeas 14, nays 25; 13. So the motion was not agreed to. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message from the POTUS, communicating, in compliance with a resolution of the 7th instant, a copy of the correspondence between the Dept of State and the minister of the U.S. at Stockholm in relation to his reported transfer from Stockholm to Bogota; which, on motion of Mr. SUMNER, was referred to the ComForRel, and ordered to be printed. BILL RECOMMITTED. On motion of Mr. WADE, it was Ordered, That the bill (S.No.404) to regulate the selection of grand and petit jurors in the Territory of Utah, and for other purposes, with the amendments thereto, be recommitted to the ComTerritor. JOHN J. SOHAN.
Mr. DAVIS. Before the Senfrom Iowa calls, up his bill I hope I shall be allowed a moment to call up a pension bill for a blind sailor. The House have passed a bill placing him on the pension roll, and the ComPensions have reported it with an amendment simply requiring the pension to be paid out of the naval pension fund. I hope the Senate will take up the bill, concur in the amendment, and pass the bill. It will take but a moment. It is House bill No. 1053. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 1053) granting an increased pension to John J. Sohan. It directs the SecyInterior to allow and pay John J. Sohan, in consequence of total blindness, resulting from disease contracted in the line of his duty as a marine in the U.S. Navy, a pension at the rate of 25 dollars per month, commencing on the 16th of August, 1866, and to continue during his disability, in lieu of the pension heretofore allowed to him by the SecyInterior on the 13th of October, 1866. The ComPensions reported the bill with an amendment, to add the words “to be paid out of the naval pension fund.”
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended; and the amendment was concurred in, orderengross, and the bill to be read a 3rd time. It was read a 3rd time, and passed. DISTRICT BUSINESS.
Mr. MORRILL. The Senate on Saturda last authorized a meeting at 7 o'cloc tonight for the consideration of business of the DistCol. I am persuaded that after the late session last night I shall hardly succeed in getting a quorum of the Senate tonight. I move, therefore, that tomorrow night, at 7 o’clock, be assigned for the consideration of the business of the DistCol instead of tonight.
Mr. WILSON. The Military Committee want tomorrow; we have some 20 bills to act on. The motion of Mr. MoRRILL was agreed to. RECONSIDERATION OF A VOTE.
Mr. MORRILL. I desire to enter a mtRtv the JtResolution (H.R.No. 269) for the relief of certain officers of volunteers was yesterday postponed indefinitely.
The PRESIDENT protempore. The motion will be entered. LEAGUE ISLAND.
Mr. GRIMES. I now move that the Senate proceed to the consideration of House bill No.452. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 452) to authorize the SecyNavy to accept League Island, in the Delaware river, for naval purposes. It authorizes the SecyNavy to receive and accept from the city authorities of the city of Philadelphia the title to League Island, in the Delaware river, and adjacent marsh land, including the whole of the creek known as the Back Channel, from the Schuyl kill to the Delaware river, and all the riparian rights and privileges of League Island, adja cent marsh, and Back Channel, together with so much of the opposite shore of the Back Channel from the F.Island shore as shall, in the opinion of the SecyNavy, be ample to enable the Government to have the sole and exclusive use of the Back Channel and both shores; the island and appurtenances to be held for naval purposes by the Government of the U.S.; but League Island, the marsh adjacent, and the Back Channel, with its shores, is not to be received or accepted until the title to the whole of the same, as herein described, is complete and indefeasible, nor unless the acceptance thereof shall be recommended by a board of officers to be appointed by the President.
Mr. SUMNER. Before the debate begins on the bill, if it is in order, I should like to move an amendment to strike out all after the enacting clause and insert as a substitute: That Admiral David G. Farragut, Lieutenant general W. T. Sherman, and Mr. J. E. Hilgard be, and they are hereby, appointed and constituted asion commis to select a suitable site on or adjacent to the Atlantic coastfor a repair naval station for the storageand Navy, of iron vesselsand iron clad vesselsof the and for other naval purposes. And the secyNavy is herebyauthorizedand empowered to acceptsuchselectedsite on behalf of the U.S.: Provided, The same shall be conveyed to the U.S. as a free gift, for their exclusive use and benefit, by a valid and indefeasible title. And the SecyNavy is hereby further authorized to take possession of the purposesherein indicaatnedd:oacncudpy such site for in preparation thereof to use such amount of money as o, ” maybencces of any unexpended appropriations for the a Vy.
Mr. JOHN Adams's Administration (as his enemies said) thought that the authority to construct the 6 frigates carried with it the power to othe land upon which they should be uilt; and therefore that SecyNavy, the 1st one we ever had, bought a Amall piece of ground at different points, upon which the ships were built, and from that day to this we have been constantly enlarging these yards. Since I have been a member of this body we have made 2 purchases to add to the Philadelphia yard; and it is in that way that all our navy yards have sprung up. We have never succeeded in getting a yard as an entirety except that noble one which we possess on Mare Island on the Pacific coast. Now there is an opportunity to secure a yard as an entirety, to lay it off as it ought to be, to make such a yard as is demanded by the commercial and naval interests of the country, such as is worthy of a great maritime Power. When this subject shall be more thrown open to debate and the qualities and capacities of League Island shall be brought in question, I may have something more to say on the subject.
The Secretary read the amendment, which was to strike out all after the enacting clause of the bill and insert the following: That Admiral David G.oLieutenant General W. T. Sherman, and Mr. J. E. Hilgard be, and they are hereby, appointed and constituted a commission to select a suitable site on or adjacent to the Atlantic coast for a naval station for the storageand repair of iron vesselsand iron clad vessels of the rNeatavyry, and for other naval purposes. And, the Sec of the Navy is hereby authorized and empowered to accept such selectedsite on behalf of the U.S.: Provided, The same shall be conveyed to the U.S. aas free gift, for their exclusive use and benefit, by a valid and indefeasible title. And the SecyNavy is hereby further authorized to take possession of and occupy such site for the purposes herein indicated, and in preparation thereof to use such amount of money as may be out of any unexpendedappropriations for o avy.
Mr. SUMNER. Before the Senator proceeds, I will make a verbal addition to m amendment by inserting the words “and building” after the word “repair;” so that it will read: “for a naval station for the storage, repair, and building of iron vessels.”
The PRESIDING OFFICER, (Mr. Doolittle in the chair.) That modification will be made.
Mr. FOSTER. Without the modification which the honorable Senfrom Massachusetts has now made to the amendment it certainly contains all that the original bill did, and much more; for all that the original bill contained, as the text shows, was that the government should hold this Territory “for naval purposes.” The amendment has that same exPression, so that if there be any magic or comprehensiveness in that term “naval purposes, ” the amendment has all that the bill as. Besides, it had in addition prior to the Present modification other conditions which the bill has not; but whether it had previously or not, surely now when the honorable Senfrom Massachusetts adds the words “and building” it contains all that can be technically required, if the honorable Senfrom Iowa were now about to specify what is required in order that we ohave a perfect bill to acquire a navy yard.
Mr. GRIMES. I inquire of the Senfrom Connecticut if there is any requirement as to the quantity of land that shall be selected?
Mr. GRIMES. And yet the SecyNavy is directed, no matter how small that quantity of land may be, without regard to its magnitude, to go on and expend the money of the Treasury. In the other case there is included the whole of League Island, whatever that may be.
Mr. FOSTER. It is true that the amendment does not specify the amount of land. The Senator is right in that respect. But, sir, when we consider that the gentlemen named in the amendment are Admiral Farragut, GenlSherman , and Mr. Hilgard, and that the amendment itself points out the purpose for which this site is to be selected, I do not think there is any very great danger that these gentlemen will select either too much or too little land, or select an unfit site.
Mr. SUMNER. They are to select “a suit able site” comprehensive words, applicable at once to the locality and to the extent of the ground to be occupied.
Mr. HENDRICKS. I will say in answer to the Senator's question that that has been the burden of the reports of the Navy Dept for 4 years.
Mr. HENDRICKS. The condition of our Navy at the commencement of this war was complaint enough.
Mr. HENDRICKS. I believe I have no reliable information on that subject. I saw that it was a very satisfactory compilation of the reports and letters that bear upon this subject, and it furnishes these reports and letters and makes them of easier reference than if I was to go to the volumine us documents themselves. That is the reason why I read from it. I would not be authorized to say who was the author. I did not notice that it was written “by a NewEngland man.”
Mr. FOSTER. It only purports to be on the title page. I thought that fell under the gentleman's eye.
Mr. HENDRICKS. I suppose that name was adopted by the writer of the document in order to give it force and weight with the Senate.
Mr. FOSTER. I supposed the honorable Senator probably knew who was the author of the pamphlet he was reading from, and as it stands simply now vouched for “by a NewEngland man” we must take it as we take other anonymous publications.
Mr. HENDRICKS. We may as well have this question correctly understood. I have read from this pamphlet guotations from official documents. If the Senator says that the quo.tations are not given correctly in this compilation there is force in his criticism. I have not relied upon any argument of the writer of this pamphlet. I have relied upon what the SecyNavy has said, and upon what Professor Bachee has said, and upon what Mr. Fox, then Asst SecyNavy, has said. I do not care whether I find that in one document or another if I find truthful extracts from their reports.
Mr. RAMSEY. Permit me to suggest to the Senfrom Connecticut that I do not know who is the writer of the pamphlet to which the Senfrom Indiana referred, but I Presume it is Mr. Bolles, as I perceive that he is a gentleman who has been writing very largely on this subject.
Mr. CATTELL. I find Mr. Bolles's name at the head of a pamphlet laid on my desk. As a very large number of these publications are here, and as I find one on my table with the name of “John R. Bolles' upon Iit, should not wonder if this pamphlet was written by him, although I am not positive of the fact.
Mr. FOSTER. It may be, Mr. President, that the honorable Senfrom NewJersey is of opinion that Mr. Bolles wrote the pamphlet the honorable Senfrom Indiana has quoted from. I do not know but that he thinks so. He of course is the best judge on that subject. It may be that the honorable Senfrom Indiana thinks that that is the production of Mr. Bolles. Of course if he thinks so he will say so if he deems it proper.
Mr. HENDRICKS. What I read as entitled to some weight before the Senate was the production of the SecyNavy, of the Asst SecyNavy, and of Professor Bachee. Who compiled this document I do not know; I have heard it stated, but I do not know, and therefore I would not be authorized to connect any gentleman's name with it. It is a mere compilation so far as I have used it.
Mr. FOSTER. Of course, Mr. President, the honorable Senfrom Indiana will pursue such course as he judges best in answering as to the authorship of the pamphlet, even if he does know; but as he says he does not know I of course admire his delicacy in not repeating a rumor. I have heard who the author of that pamphlet is; but I do not know, and I therefore shall not give his name. I hoped the honorable Senfrom Indiana did know, and as he brought the pamphlet in and read from it I Presumed he might know; but as he does not, it must stand of course as the anonymous production of a NewEngland man.
Mr. HENDRICKS. That we may understand ourselves exactly right here, I wish to ask the Senfrom Connecticut whether any of the quotations from the official documents are incorrectly made, as I read them?
Mr. FOSTER. Not to my knowledge. I have not compared them, and have no knowl edge but that they are correct, although I cannot from my own knowledge affirm that they are.
Mr. HENDRICKS. Then, as I have read from the report of the SecyNavy, and from the Asst SecyNavy, and from Professor Bachee, I do not think it is important to know who compiled this pamphlet.
Mr. FOSTER. Except it should turn out that some one rather intimately connected with this project in some other form was the author of the pamphlet. Then I think it would be of some importance. In that point of view surely it would be; but not in the point of view to which the honorable Senator would confine it, namely, the accuracy of the quotations. if the quotations are accurate, and I am not dis. i to question their accuracy, it makes no difference who wrote the pamphlet. I repeat, Mr. President, that there is something strange and unaccountable in the per sistency of the SecyNavy in urging the selection of League Island as a naval station, in view of the evidence which was furnished him by the board of officers selected by him to make the examination, and it was by no means the only source of information that he had on that subject. Commodore Pendergrast, an officer well known to many members of the Senate, was in command of the navy yard at Philadelphia for several years, and while there in command of the navy yard wrote in regard to the project of selecting League island as a navafsta.tion for the Navy of the U.S. in language which I will read: “This new project of the mayor and city councils of moving the yard to League Island is all a matter of speculation with a party here to draw 4 or 5 mthiellyion dollars from the Government, out of which would makesplendid fortunes, while the U.S. would abe loser at everyturn. If buys the property and Presents the city even it to the Government the latter would still be a loser, for it would take at least 4 or 5 years to attempt preparethe placebeforean outlay could be madeto useit, and this, too, at an of millions. Besides, the island is unfit for it, being constantly overflowed, which would render an iinmgm, menaskeienxgpdeoncdkistu, &recn. ecessaryfor filling in, wharf Mr. HENDRICKS. Will the Senator pardon me if I ask him whether he knows who is the author of the pamphlet from which he reads?
Mr. GRIMES. With the consent of the Senfrom Connecticut, I wish to move that the Senate take a recess until 7 o'clock.
Mr. FOSTER. I give way to allow the motion to be made.
Mr. GRIMES. I submit the motion. The motion was agreed t;o and the Senate took a recess till 7 o'clock p. m. EVENING SESSION. The Senate reassembled at 7 o'clock p. m. PUBLIC PARK.
Mr. BROWN. I am directed by the ComPubBldg and Grounds, to whom was referred the bill (S.No.549) for the establishment and maintenance of a public park in the DistCol, to report it with an amendment and recommend its passage. I am also instructed by the same committee to submit a communication from N. Michler, major of engineers, addressed to the chairman of the ComPubBldg and Grounds, in relation to a suitable site for a public park and Presidential Mansion, and to ask that it be printed for the use of the Senate. The motion was agreed to.
Mr. BUCKALEW. I was going to observe that if the committee are reporting plans for architecture, probably it would be best for us to have an extra number printed, if the general plan of the park is set forth.
Mr. BROWN. No; it is rather a description than otherwise of the ground. We do not think it is necessary to have any additional numbers printed.
Mr. BROWN.ing the evening. BILL INTRODUCED.
Mr. SUMNER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.597) to amend an act entitled “An act for the disposal of the public lands for homestead and actual settlement in the States of Ala bama, Mississippi, Louisiana, Arkansas, and Florida;” which was read twice by its title, and referred to the ComPubLands. SUReties OF JAMrs T. POLLOCk.
Mr. LANE. With the permission of the Senator who has the floor on the bill regularly before the Senate, I should like to call up a private bill in which I feel some interest, and ask that it be passed. It is House bill No. 840.
The PRESIDENT protempore. The Chair can entertain the motion only by unanimous consent, there being another subject before the Senate. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 840) for the relief of the sureties of James T. Pollock, late receiver The cost will be very I will inquire about it dur at Crawfordsville, Indiana. It proposes to release Robert C. Gregory, Henry Crawford, William Galey, and the other sureties of James T. Pollock, late receiver at Crawfords ville, Indiana, by bond to the U.S., dated January 30, 1837, from their liability arising from any defalcation, omission, or misconduct on his part as receiver, and it directs the proper officer of the Treasury Dept to dismiss any and all suits that may have been instituted and are now pending in favor of the U.S. against them growing out of his default.
Mr. LANE. I will explain the bill in one moment. There is a full report from the HoRep, made by Mr. DELANo, explaining all the facts. I am personally acquainted with all the facts stated in the memorial and in the report. It happened in my own town 30 years ago. Colonel Pollock was appointed receiver of public moneys at Craw fordsville. He gave 20 securities upon his bond. 17 out of the 20 securities have since died. It was found out, some 25 years ago, that he was a defaulter to the General Government. The SecyTreasury, under the then existing law, issued a Treasury warrant and took possession of property 2 or 3 times as much in amount as would have paid the whole debt; but the marshal of the State, in whose hands the war rant was, instead of levying upon the property, delayed until it was squandered, and there was a defalcation unsettled and unpaid. Some 22 years ago Congress passed an act releasing the marshal and his securities from all liability. Now it is sought to recover the amount from the original securities of the receiver after a delay of 30 years and after the death of all the securities but 3. We think the Government lost any right to resort to these securities by their laches, by their delay, and from the fact that they ãd not appropriate the security which they had in their hands. The bill passed the ComClaims in the House unanimously; it passed the House unanimously; it passed the ComClaims of this body; and I am sat isfied that it is perfectly just from beginning to end.
Mr. RAMSEY. There is a small resolution reported by the ComPostOffices, for the relief of Dempsey Reece, of Indiana, which Ihope the Senate will take up and pass at this time. areThuenaPbRleESIDENT protempore. The clerks to find the resolution referred to.
Mr. RAMSEY. While they are searching for iIt will endeavor to explain it as well as T can. This man, Dempsey Reece, is a citizen of Indiana, an illiterate man, which is an extraordinary thing in that State, who bid for carrying the mail on one of the mail routes of that State. He bid $600 for it; but he had to employ some one else to make up his bid and that person made a mistake and made it read $300. The next lowest bid was $800, which itself is evidence that $300 was a mistake. The postoffice Dept are satisfied that it was a mistake. He has been carrying this mail for several years at a great sacrifice, and the proposition now is to release him. The postoffice Dept recommend that the route be relet, and after being relet that he be released. It is very evidently a mistake. There is among the papers, I believe, the affidavit of the party who . up the bid for him stating that it was a mistake. He has been carrying the mails for several years. He is an honest man, and very poor, and has been endeavoring to carry out his contract at a great sacrifice. By unanimous consent the JtResolution (S.R.No. 160) for the relief of Dempsey Reece, of Indiana, was read a 2nd time and considered as in ComWhole. It requires, the PostMGenl to receive proposals for carrying the U.S. mail on route No. 12068, between Newcastle and Mechanicsburg, in the State of Indiana; and when such bid shall be accepted, Dempsey Reece, the Present contractor, is to be discharged from any further performance of his contract. The JtResolution was reported to the Senate without amendment, ordered to be en; grossed for a 3rd reading, read the 3rd time, and passed. RUFUS C. SPALDING.
Mr. WADE. I move that the Senate proceed to the consideration of House bill No. 848. The motion was agreed t;o and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 843) for the relief of Rufus C. Spalding, paymaster in the U.S. Navy. It requires, the Secretary of the !". in adjusting the accounts of Rufus C. Spalding, as paymaster in the Navy of the U.S., to cause him to be credited with the sum of $14, 563 73, being the sum of money stolen from the Government safe at the naval station at Mound City, Illinois, on the night of the 21st of December, 1865, which sum stands charged to his account as U.S. paymaster at that naval station; but nothing in this bill is to be so construed as to exempt from official or personal liability, or upon his bond, Asst Paymaster J. S. arvey. The bill was reported to the Senate without amendment.
Mr. DAVIS. I should like the honorable Senfrom Ohio to give some explanation of that bill.
Mr. WADE. Very well; the Senfrom Iowa will explain it better and quicker than I Can.
Mr. GRIMES. There were 2 paymasters belonging to the Navy of the U.S. stationed at Mound City. The Government furnished them a safe, which was used by them in common. The senior paymaster was the gentleman for whose relief this bill is now oto be passed. Each of them had a ey to the safe. The other paymaster, whose name is mentioned in the last clause and for whom there is an exPress clause of exclusion that this bill shall not apply to his benefit, put his key in a drawer, where it was discovered by somebody, who took it out, and used it, entered the safe and took out the money that had been intrusted by the U.S. government to Spalding. The loss was not occasioned, as was i. by the Navy Dept, by a board of inquiry of naval officers appointed to investigate it, and as was found by both the Naval Committees, through any neglect or laches of any description on the part of Spal ding, but on account of the carelessness of another person who had a duplicate key of the safe. The money that was taken happened to be the money intrusted to Spalding. He had no place to keep it except this safe which had been furnished o the Government. The bill was ordered to a 3rd reading, was read the 3rd time, and passed. LEAGUE ISLAND.
Mr. GRIMES. I now call for the regular order of the evening.
Mr. SUMNER. I hope the Senator will allow us to act upon one or 2 little bills.
Mr. GRIMES. I think we had better go on with the regular business.
Mr. SUMNER. One or 2 little bills that the Senator will not be against.
Mr. GRIMES. I am against anything now except League Island.
The PRESIDING OFFICER, (Mr. RAM.sey in the chair.) The bill (H.R.No. 452) to authorize the SecyNavy to accept League Island, in the Delaware river, for naval purposes, is now before the Senate.
Mr. FOSTER. It happened to be my for tune or misfortune to be on the floor at the time the recess was taken. According to usage, therefore, I suppose I am entitled to the floor when this subject is resumed. I do not know what the purpose of the Senate is in regard to sitting this evening. I notice there is not a uorum Present. If it is merely to sit for a few moments, I do not care about occupying their time at all.
Mr. GRIMES. I Presume there will be a quorum here shortly.
Mr. FOSTER. If it is understood that the debate is to be continued, of course I am willing to take my share of occupying the time.
Mr. SUMNER. I suggest that the Senate proceed to the consideration of some of the ills on the Calendar, to which there is no objection, for a few minutes at least, until there shall be a quorum. I hope the Senfrom Iowa will relax a little of his rigor.
Mr. GRIMES. I am satisfied there will be a quorum here in a few minutes, and the debate may as well go on upon this question.
Mr. SUMNER. I suggest that we proceed with some of the business on the Calendar until a oappears.
Mr. GRIMES. It is not near as necessary that there should be a quorum here to hear gentlemen make speeches as it is that there should be a quorum here to transact business. The Constitution and the laws and our rules require that there shall be a quorum here when we transact business; but there is no such requirement as that in regard to speech making.
Mr. SUMNER. I can understand why the Senfrom Iowa should be glad there is not a quorum Present to listen to the Senfrom Connecticut, because the Senfrom Iowa, I know, is against the Senfrom Connecticut on this question, and he naturally would like to have a thin Senate, so as not to be imPressed by the arguments of the Senator.
Mr. GRIMES. I trust the Senator will not attribute the motives which govern him to his associates in the Senate. I have given no evidence of being influenced by any such consideration as that, I trust.
Mr. FOSTER. I am perfectly willing to go on as far as I am concerned if it is understood that other gentlemen take their chances, too. I am not so ambitious of speaking as to speak to a body that cannot do business unless other gentlemen also take the same fate. If they do, am content to go on and speak, or attempt to give my ideas, to a body that cannot transact business, cannot pass a vote. I do not wish to do it, however, unless other gentlemen are also prepared to do it and will go on with the deate. I do not think it is fair to one side of the question that the debate should go on on that side without a quorum and then adjourn, and go on with the in the Presence of a quorum on the other side of the question.
Mr. GRIMES. So far as I have anything to say, I would just as lief say it when there are a few here as at any other time, because I do not flatter myself that any argument or any eloquence I may be able to use is going to in fluence a great many votes on this or any other subject; and I think I can speak for other gentlemen who entertain the same views that I do on the subject now under consideration. They are just as willing to discuss it now as at any other time. This bill has got to be considered, and we have got to get through the discussion, and I trust pass it, and I hope it will be passed before weotonight. If we do not, it will not be because I am willing to adjourn before it is passed.
Mr. FOSTER. If it be understood that the honorable Senfrom Iowa and the honorable Senfrom NewJersey, who, I understand, are intending to give us the benefit of their views at some length, are to go on Jhis evening, I am perfectly content to go on now and make my remarks as briefly as possible, in order that the Senate may be more pleasantly entertained by hearing them than me.
Mr. GRIMES. It is not understood that the Senfrom Iowa is going to make remarks of any length that I know of. I am not conscious of it.
Mr. FOSTER. Of course I did not mean to pledge the Senator, but I had supposed he was intending to address the Senate.
Mr. CATTELL. I desire to say to the Gentfrom Connecticut that the Senfrom NewJersey I suppose he alludes to me does not intend to speak at very great length on this question; but having lived all his life in the immediate vicinity of this island he is disposed to offer a very few observations, and will very cheerfully follow the gentleman, and at some time during the evening will say what he has to say on the subject.
Mr. DIXON. I suppose we might as well test the question whether there is a quorum Present, and for that purpose I move that the Senate adjourn.
Mr. CRESWELL. If there is no quorum Present I suppose I can call up a bill that will occupy but a few moments.
The PRESIDING OFFICER. The motion to adjourn is not debatable. The Senfrom Connecticut moves an adjournment.
Mr. GRIMES. This sort of business I am not going to submit to. I suppose the design is to put this bill off so that it cannot be passed at this session.
Mr. GRIMES. Then I insist on the business of the evening.
Mr. CRESWELL. With the consent of the Senate I desire to call up a bill that will occupy but a moment.
The PRESIDING OFFICER. The Senfrom Connecticut is entitled to the floor. Does he giveway to the Senfrom Massachusetts?
Mr. SUMNER. I move that the Senate post pone the consideration of the pending and all prior orders and proceed to the consideration of House bill No. 457, for the relief of Hiram Paulding, rear admiral in the U.S. navy.
Mr. GRIMES. I call for the yeas&nays on that motion.
Mr. HENDRICKS. Was that bill reported from the Naval Committee?
Mr. HENDRICKS. What committee is it from?
Mr. BUCKALEW. The ComForRel. he question being taken by yeas&nays, resulted yeas 10, nays 14; 3.
The PRESIDING OFFICER. The vote discloses the absence of a quorum.
Mr. HOWE. I move that the Senate adjourn.
The PRESIDING OFFICER put the question, and stated that he was unable to decide.
Skip Skip Mr. HOWE. Let us have the yeas&nays. Several SENATORs. Oh, no; withdraw the call. Mr. HOWE. I withdraw the call. Mr. MCDOUGALL. I demand the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 11, nays 13; 28.
The PRESIDING OFFICER. The Senate refuses to adjourn, but the vote still discloses the absence of a quorum.
Mr. HENDRICKS. I move that the senate take a recess for 15 minutes.
Mr. SUMNER. I beg to remark that that cannot be done unless there is a quorum Present.
The PRESIDING OFFICER. In the opinion of the Chair the motion cannot be entertained in the absence of a quorum..
Mr. TRUMBULL. A motion having intervened, I trust the Senate will now adjourn. It seems to me to be useless to be sitting here in this way. I move to adjourn.
Mr. HENDRICKS. I think the motion I made is in order. It is not legislative business.
Mr. HENDRICKS. To take a recess for 15 minutes.
The PRESIDING OFFICER. No motion except a motion to send for absent members or a motion to adjourn is in order, and a motion to adjourn has been made and is in order.
Mr. MCDOUGALL. I call for the yeas&nays. The yeas and mayswere ordered; and being taken, resulted yeas 7, nays 18; 27.
Mr. CRESWELL. By way of varying the proceedings, I move to take up House JtResolution No. 251.
The PRESIDING OFFICER. No business can be done in the absence of a quorum.
Mr. CRESWELL. Now I suppose a motion to adjourn at least is in order.
Mr. HENDRICKS. Perhaps we have tried as far as we can to get a quorum to go on with business. I do not want to sit here just for the fun of the thing; and I therefore move that the Senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wednesday, February 13, 1867. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. C. B. BoyNToN. The Journal of yesterday was read and approved. WISCONSIN RAILROAD LAND GRANT.
Mr. McINDOE Presented JtResolutions of the Legislature of the State of Wisconsin, praying for a grant of land to aid in the construction of the Green Bay and Lake Pepin railway; which was referred to the ComPubLands, and ordered to be printed. IMPORTATION OF IRON.
Mr. MILLER. I ask unanimous consent to submit the following resolution for reference to the ComWays&Means: Resolved, That it is incompatible with the policy of the protective system of the U.S and oietrimental to the industrial interestsof the country to admit under any pretext whatever, free of duty, foreign iron, whethermanufacturedfor railroad purposes or otherwise.
Mr. GLOSSBRENNER. I object. PERSONAL Explanation.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined and found truly enrolled bills of the following titles; which were thereupon signed by the Speaker: An act (H.R.No. 840) for the relief of the sureties of James T. Pollock, late receiver at Crawfordsville, Indiana; and act (H.R.No. 843) for the relief of Ru fus C. Spalding, paymaster in the U.S. Navy. GOVERNMENT OF INSURRECTIONARY STATES. The House resumed as the next business in order the consideration of House bill No. 1143, to provide a more efficient government for the States lately in insurrection, upon which Mr. VANHoRN, of NewYork, was entitled to the floor.
Mr. STEVENS. I ask the Gentfrom Massachusetts to yield to me for a few mo Inents.
Mr. STEVENS. Mr. Speaker, for the purpose of making the pending bill more accept able in its phraseology to other gentlemen, I desire to oseveral amendments; and in order to offer them I withdraw the motion to recommit. For the sake of convenience I will offer my amendment in the form of a substitute, embracing the several changes which I proposee to make. I therefore move as a substitute what I send to the Clerk.
Mr. STEVENS. Mr. Speaker, for the information of members I will indicate the changes embraced in the substitute just read. In the 1st place, I have in the 3rd line inserted before the words “so called” the word “late, ” and before “States” the word “confederate;” so that the phrase will read, “said late socalled confederate States.” This change I have made to meet the views of some gentlemen who thought that the language of the bill as it stood might imply what was not intended. I have struck out the 2nd section and inserted another allotting 5 officers to the command of the several districts, instead of simply authorizing the General of the Army to make the allotment, to which some gentlemen objected. the 3rd section I have inserted before the words “civil tribunals” the word “local.” I do not think this of any importance, but other gentlemen do. Then I have adopted one of the suggestions of the Gentfrom Ohio, which seemed to be well taken, and inserted in the 4th section, after the words “military custody, ” these words: Except in cases in which the person is held to answeronly for a crime or crimesexclusively within the jurisdiction of the courts of within said military districts and inthdeicUtanbitleedth States. Mr. Speaker, having indicated my amendments, I renew the motion to recommit.
Mr. SCHENCK. if I have correctly under. stood the effect of the gentleman's substitute for the 2nd section, it proposes a distinct exercise by Congress of the military power to detail an officer. Undoubtedly Congress may direct others to detail officers; but this proposes that Congress shall give the order. I would like to hear that section again read.
The Clerk read the 2nd section of the substitute of Mr. STEvens.
Mr. GARFIELD. I trust the gentleman will strike out that portion of the section which prooses that Congress shall detail officers. the guage of the section is that 5 officers “are hereby detailed, ” and then it authorizes and requires the General of the Army to designate those officers. By the provisions of the section the act of detailing the officers is one thing and the act of designating them another. Now, if we can command the President, or some other officer, to designate officers for duty, we can also command him to detail them for duty. I undertake to say that such a thing as Congress detailing officers is to joi We might as well attempt to post a picket by act of Congress or drill a regiment by act of Congress.
Mr. STEVENS. If the gentleman will allow me, I put it in that shape to satisfy several gentlemen, who thought it, the best way to obviate their objections. I found on examination that we did it often during the war, detailing them by rank, though not by name. I hold Congress has the right to send them anywhere it chooses. But it seems in trying to accommodate everybody I find myself in the condition of John Thompson's hat in the anecdote of Dr. Franklin. I withdraw the amendment to the 2nd section, and ask that the section shall stand as it was originally reported.
Mr. FARNSWORTH. The bill was reported by the ComReconstruction, and under the rule, as I understand, the gentleman cannot make any modification of it.
The SPEAKER. The gentleman can modify his own substitute.
Mr. SCHENCK. I desire to ask the Gentfrom Pennsylvania another question.
Mr. SCHENCK. This bill stands now on a motion to recommit, which of course precludes all further amendment. The gentleman has renewed the motion to recommit, which was withdrawn for the purpose of making the amendment we have heard, and as I understand he intends to follow that motion by a demand for the previous question, I ask him whether we are to have any vote on any other than the amendments before the vote on the 3rd reading? Will he not allow us, before calling the previous question, and I put the inquiry specifically, to have a vote on the proposition submitted by W. the Gentfrom [Mr. BLAINE] last night?
Mr. STEVENS. All I can say is that after full examination the committee think the bill cannot be made to suit them better and the country than it is; and the last one they would favor is the amendment of the Gentfrom Maine. It will be for the House to say whether it is good enough as it is. If they want to oft it they will refuse to 2nd the demand for the previous question.
Mr. SCHENCK. Then I hope the previous question will not be 2nded..
Mr. RAYMOND. Mr. Speaker, I desire merely to ask what will be the effect of different votes on the original amendments? I understand the Gentfrom Ohio desires to get before the House for a vote of the House the amendment moved by the Gentfrom Maine, which is to make the constitutional amendment the basis of restoration together with suffrage. I desire to know how that can be reached by a vote of the House? If the previous question be voted down, then do the amendments come in? –
Mr. RAYMOND. Would voting down the previous question and the motion to recommit allow us to move an amendment?
The SPEAKER. It would. The Chair will state, as the question is propounded to him, that the pendency of the motion to recommit, if the previous question be 2nded, brings the House to vote 1st on the motion to recommit, and then on the various amendments, and next on the 3rd reading of the bill. The previous question does not exhaust itself till the 3rd reading of the bill. so, Mr. RAYMOND. Then to vote down the revious question will substantially open the for amendment.
The SPEAKER. It will open the bill only for debate. The gentleman can arrive at his object if the majority of the House desire to amend the bill, after 2nding the previous question, to go through with it until the 3rd reading of the bill, and then reconsider that, when the bill will be open for amendment, for the previous question cannot be reconsidered when partially executed.
Mr. BLAINE. When that is done, cannot the motion to recommit be again interposed?
The SPEAKER. If the motion to reconsider be carried the Chair would recognize that as an indication the House desired to amend the bill, and would give the floor to some gentleman who had an amendment to offer.
Mr. BLAINE. I desire to offer an amendment.
Mr. BINGHAM. If the previous question is 2nded would not the vote be taken 1st on the motion to recommit?
Mr. BINGHAM. Then if it is voted down we could reconsider the vote by which
The SPEAKER. The previous question could not be reconsidered until it was entirely executed.
Mr. FINCK. One of my objections to the bill was that it proposed to disfranchise the white people of Louisiana and confer suffrage on the colored people. I made that point distinctly.
Mr. DAVIS. I desire to ask the gentleman whether, in his judgment, a bill which establishes in these States a military government is consistent with the duty of Congress to guaranty a RFG to those States?
Mr. BANKS. Will my colleague [Mr. Bout WELL] allow me to say the constitution of Louisiana was recognized, as he has suggested, only for the purpose of the election, or with a view to the establishment of a government im mediately by the people, and not as a semi frame of government. It was recognized for a special purpose.
Mr. BOUTWELL. Undoubtedly it was for a special purpose. I did not introduce the subject with the design of saying that it was otherwise; but only for the purpose of showing that it was competent for the authorities of the U.S. to use institutions and frame works of government found in the rebellious States for the purpose of accomplishing what is desired; whether it be the protection of life, liberty, and property, or whether it be the reconstruction of the government itself. The are used not because they have been establishe in those States at some previous time, but because they are convenient instruments of accomplishing what we desire to have done. They derive their power not from the fact that they have been established as institutions of the State at some previous time, but because of the fact that we endow them with life for certain purposes, whether those purposes are temporary or permanent. In this case, as in the case of Louisiana, we propose to use these institutions and tribunals for certain purposes, for a limited period of time, and only until another system can be introduced.
Mr. BANKS. I desire to say a word further.
Mr. BOUTWELL. I will 1st yield to my colleague, [Mr. BANKs.
Mr. BANKS. There is one other distinction to which the attention of my colleague [Mr. Boutwell] ought to be called. That distinction is that the constitution of Louisiana which was recognized was in the hands of loyal men; But the civil governments indirectly recognized in this bill are in the hands of the enemies of this count rW.
Mr. BOUTwell. Very well; that for our purpose is a distinction of no consequence whatever, for the reason that the military officers having control over these tribunals will deprive them of power from time to time, and to such extent as may be necessary for the purpose of securing protection to life and liberty and property. If the tribunals referred to so fail under such circumstances and for such periods of time as to render it probable that they cannot be used as instruments of good government, then they will be thrust aside alto gether. And so it would have been with the constitution of Louisiana if in the experiment which was tried it had failed to accomplish that which the President desired, to wit: to aid in the restoration of civil government in that State. "Had it failed to do that the Pres. ident would not have hesitated to put the hand of military power upon that constitution at Once.
Mr. ELDRIDGE. If the Gentfrom Massachusetts [Mr. pooji now allow me a moment, I will say that I understand the gentleman to admit that the whole government of these people will be under the control of the military officer who may be in command of the district or dept, subject alone to his supreme will,he shall concede, if he shall see fit, a certain amount of jurisdiction to the civil officers. Now, I would inquire of the gentleman, in the 1st place, what laws these military officers are to administer? whether they are to be the laws of their own will which they are to administer upon their own impulse and discretion, or whether the laws and Constitution of the U.S and the laws and constitution of the State of Louisiana? Are these the laws that they are to administer, or are they to administer martial law alone?
Mr. BOUTWELL. I think I understand what the gentleman desires to exPress. I may say in one word that the supreme power will undoubtedly be for the time in the military officers. But that power is limited by this bill in various ways, and by the Constitution of the U.S., as I will undertake to point out. But before entering upon that branch of the subject I desire to refer to what has been said in reference to the suspension by this bill of the writ of habeascorpus.
Mr. BANKS. Let me say just one more word right here.
Mr. BANKS. I wish to say one word in confirmation of what my colleague has said: that it was the distinct understanding of the military authorities and those they rePresented in the experiment in Louisiana that if it had resulted in placing disloyal men in office the whole joir would have been immediately suppressed.
Mr. ELDRIDGE. Is it not, then, in direct conflict with that provision of the Constitution which declares that a party charged with crime shall be entitled to a trial by jury, to be confronted with the witnesses against him, &c.?
Mr. BOUTWELL. Mr. Speaker, the Constitution provides the provision was quoted the other day that “the privilege of the writ of habeascorpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it.” Now, sir, there is a distinction which can properly be made, but which, so far as I have observed, has not been indicated upon this floor. It is this: that the power of Congress to suspend the privilege of the writ of habeascorpus is not confined to periods of rebellion or invasion; but it arises when there is a case of rebellion or invasion and it ceases to exist only when in the judgment of the lawmaking power the occasion has passed. Therefore the people of these ten States are today not only without civil governments that has been declared by the executive dept, and it is also affirmed in this bill but they are also in that condition, even if the existing governments are valid, when it is in the power of Congress to suspend the writ of habeascorpus for the reason that a case of rebellion exists. Although war is no longer flagrant in that part of the country it still is true, as is confessed by gentlemen on all sides, that as an effect, and consequence and incident of the rebellion, there is no real protection to life, person, or property. There was a case of rebellion the consequences remain. Therefore the case of rebellion having arisen, the consequences, incidents, and facts of that case yet continuing, the power of the Government over the people of these vast regions of country, aside from the rights of conquest, is as supreme and exclusive as it was over the sections of the country subjugated by the arms of the Republic during the time while the rebellion was flagrant in other portions of the South.
Mr. RAYMOND. If it does not interrupt the Gentfrom Massachusetts, and I understand it does not, I desire to ask him a question on one point which seems to me a point of distinction in that matter. The gentleman tmaintains inasmuch as the invasion, the rebel military commission or lion, the endangerment of the public safety continued, therefore the suspension of the writ of habeascorpus continued.
Mr. RAYMOND. But as I understand it, by proclamation duly authorized by law, that state of rebellion has been legally ended, and therefore this is a new exercise of power. It is not the continuance of a previous exercise of power, but a new state of things having arisen, the war having been ended and proclaimed ended in accordance with law, this is a new exercise of that power.
Mr. BOUTWELL. The proclamation by the President had no other effect, as I understand, than to declare that flagrant war was at an end; but no proclamation of the President, whatever may be the terms in which it is couched, can ever deprive the legislative dept of its constitutional authority to decide for itself in the case of rebellion that the privilege of the writ shall be suspended. The President cannot deprive the legislative dept of the Government of the power of deciding for itself when the case of rebellion exists and when the effects and consequences of that rebellion terminate. The power is here, and no paper proclamation of the President can ever divest us of it.
Mr. BOUTWELL. I fear all my time will be consumed with these interruptions. I will yield to the Gentfrom Wisconsin and then decline to yield to all others.
Mr. ELDRIDGE. I understand the gentleman to claim that the suspension of the writ of habeascorpus itself justifies the holding of the rson charged with crime and the depriving im of an immediate trial. I do not understand that the suspension of the writ of habeascorpus has any such effect; but on the contrary, I hold the provisions of the Constitution still applies, that he is entitled to be tried speedily by an impartial jury, and be confronted with the witnesses against him, and to have the assistance of counsel for his defense.
Mr. BINGHAM. Will the gentleman allow me
The SPEAKER. The gentleman has 5 minutes of his hour remaining.
Mr. WARD, of NewYork. I can hardly say in 5 minutes anything worthy of the subject. I thank the gentleman for his courtesy. will ask him, if he has no objection, to ja the 5 minutes to the Gentfrom Ohio, [Mr. Schexck].
Mr. BOUTWELL. I will do so with pleasure.
Mr. SCHENCK. It seems exceedingly difficult to get the privilege of some 4 or 5 minutes of time; but I will avail myself of it for necessarily a few remarks. I wish to say, in the 1st p. that I heartily assent to the necessity of martial law being extended over these States that have been in rebellion; but I am just as decided in the opinion that, in extending martial law over them with a view to keeping them in a condition of peace and good behavior until civil governments can be established, we ought at the same time, as a part of the system, to indicate to them what we require them to do. And here seems to be the point on which gentlemen who want to Press this bill naked to a vote differ wI ith myself and those who agree with me. If understand the sentiment of the country and of the Republican party of the country, Congress is called upon to adopt and declare some policy, some scheme, some plan upon which these States are to be restored. ow, sir, it is proposed upon the one hand that the whole plan shall consist in putting them under mar tial law until they are in fit condition to have rePresentation. I aver that this is only half the work. I aver that while you are subjecting these men to the rule of the bayonet you ought, at the same time, to indicate to them what you require them to do in order that they may be rid of the bayonet. This is proposed by the amendment offered by the Gentfrom Maine [Mr. BLAINE] and explained by him yesterday. I. understand my colleague [Mr. BINGHAM] is willing to withdraw his amendment in order to i. this distinct, succinct proposition come in.
Mr. BINGHAM. I accept the words giving universal suffrage, letting the amendment remain otherwise as it was.
Mr. STEVENS. I rise to call the previous question.
Mr. SCHENCK. I ask the gentleman to nt me a few moments more before he emands the previous question.
Mr. STEVENS. I yield to the gentleman 2 minutes.
Mr. SCHENCK. I am sorry to be restricted in this discussion to so brief a time; but I suppose I must be thankful for small favors. I will complete what I was about to say of the character of this amendment in its several parts. This constitution thus made, pending these provisions, must itself have been submitted to the vote of the State that desires to get rid of martial law, and ratified by a vote of the people of that State; and when the consti.tution thus ratified by the popular vote shall have been thus sanctioned by. people of the State, it is still to be submitted to Congress for examination and approval; and that State then, if its constitution be approved by Congress, shall be declared, but not till then, entitled to rePresentation in Congress on taking the oath on the part of the Sens&Reps who shall be sent here. What I claim I must say it in a word, for I am allowed no longer time is that if you present this in the shape of law you ought to provide a complete scheme, to say to these men they shall be put under martial law until the properly deport themselves; and when that is manifest, what they are to do to get rid of martial law. Anything less than that would be mock ery, and but partial legislation. We ask, therefore, for a scheme; we ask for consistency; we ask for a plan; we ask for a o to be adopted by Congress. But instead of meeting the expectation of the country, the only reply seems to be it is sufficient to give us half a scheme, and not to Present it in its whole entirety. [Here the hammer fell]
Mr. STEVENS. I desire to ask the House whether they are ready to close this matter by taking a vote on it. I therefore call for the previous question.
Mr. BINGHAM. I hope the previous question will not be so I want to explain to the House why we should have a vote on the pending amendment.
Skip Skip The House divided; and there were ayes 53, noes 70. Mr. BoUTWELL demanded tellers. Tellers were ordered; and Mr. BouTwell and Mr. BINGHAM were appointed. The House again divided; and the tellers reported ayes 54, noes 79. So the House refused to 2nd the demand for the previous question.
Mr. SLOAN: Will the gentleman permit me to put a question?
Mr. SLOAN. I ask him if in the reorganization of the civil government in these revolted States he is in favor of having the rebels take part?
Mr. BINGHAM. I am in favor of having them vote according to the terms of the constitutional amendment which we have proposed; and I will give my reasons why.
Mr. SLOAN. f'. to put another ques.tion. Does that constitutional amendment you now propose allow rebels to vote in the reorganization of civil governments?
Mr. BINGHAM. It allows them to vote unless they shall be disfranchised for participation in rebellion by the act of the majority.
Mr. BINGHAM. By themselves, the gentleman says. Are the 100,000 majority in SCarolina of emancipated slaves rebels?
Mr. SHELLABARGER. Will the gentleman yield?
Mr. SHELLABARGER. I am not quite sure but I may vote for the gentleman's proposition. I certainly will if I can. I.therefore ask this question for information. I understand the effect of his amendment will be that all the processes of organizing governments in these States prior to their admission to rePresentation will be left to the control of those who are now electors in those States. This amendment provides no way by which the entire people, including the black, whom he is in favor of permitting to vote, can participate in the exercise of authority in the organization of government there or in Presenting a constitution for our acceptance.
Mr. BINGHAM. Well, the gentleman has manifestly not read the amendment or heard my statement of it; otherwise, his general intelligence would have furnished him with an an swer to his inquiry without troubling me.
Mr. SHELLABARGER. Will the gentleman explain how it is the basis of universal suffrage?
Mr. BINGHAM. I will tell the gentleman how it is. In the 1st place, the bill of the Gentfrom Pennsylvania [Mr. STEVENs] remains untouched by the amendment.
Mr. BINGHAM. Yes, sir, the military bill now under consideration, and which I propose to amend. The amendment contains this provision: SEc. Abife:, That when the constitutional amendment proposed as article 14 by the 39th Congress shall havebecome a part of the Constitution of o the U.S.; and anyone of the late socalled confederate States shall have given its assent to thesameand conformed its constitution and laws thereto in all respects;and when it shall have provided by its constitution that the elective franchise, shall be e impartially io equally and by all male citizens of 21 years the U.S. old and upward, without regard to race, color, or previous condition of servitude, except such as may be disfranchised for participating in the late rebellion, or for felony at common law; and when said constitution shall have beensubunitted to the voters of said State, as thus defined, for ratification or rejection; and when the constitution, if ratified by the popular vote, shall have been submitted to Congressfor examination and approval, said State shall, if its constitution be approved by Congress, be declared entitled to rePresentation in Congress, and Sens&Reps shall be admitted therefrom on their taking the oath prescribed by law. Now, the gentleman says the bill makes no provision for taking the votes of the people. t makes just this provision: that the military authority under this bill may permit the local authorities to submit the whole question of amending their existing constitutions to the vote of the people enfranchised by the terms of this bill, for approval or disapproval. But the gentleman asks if that compels them to make a constitution? Why, sir, you cannot compel a people, either black or white, to make a constitution.
Mr. SHELLABARGER. The method of the gentleman, I submit, does not provide that the people may take part in forming the constitution.
Mr. BINGHAM. That the people are secured the right to vote upon the whole question, I submit has something to do with forming and adopting a constitution. They take about as much part in it as they do under the Louisiana bill, supported and voted for by my colleague, [Mr. SHELLABARGER] which was passed yesterday, under which the laws are made for them by a body of 9 men appointed by the POTUS and confirmed by the Senate. Now, it will not do for the gentleman to signify at this time his anxiety for the people to have a voice in their laws, statutory or fundamental, after such legislation as that.
Mr. SHELLABARGER. Will my col. league permit me
Mr. BINGHAM. I decline to be inquired of any farther about the matter.
Mr. BLAINE. The amendment of the Gentfrom Ohio and the one I have submitted embrace substantially the same idea, and I wish to ask my friendfrom Ohio whether he would be willing, when it reaches the parlia mentary point where such a thing is practica ble, to take mine as a substitute?
Mr. BINGHAM. I have no objection if you propose the constitutional amendment with it.
Mr. BLAINE. I have a suggestion to make in order to disentangle what now seems to be so much entangled. I move the bill be recommitted, with instructions to report back imme . diately the Wong amendment of the Gentfrom Ohio.
The SPEAKER. If this were a House committee that could be done, but the Chair doubts, as this is a JtCommee of the 2 Houses, whether it can be ordered by a vote of the House to report immediately.
Mr. BLAINE. I move, then, that the bill be referred to the ComJudiciary, with instructions to report back immediately the following: Ske. Abife:, That when the constitutional amendment proposedas article 14 by the39th Congress shall have become a part of the Constitution of the U.S.: and shall n ahnavyeongeivoefntheitslataesssoe nctatloledth confederated Statns formed its constitution and laws theretoin all respeets; and when it shall have provided by its constitution that the elective franchise shall be enjoyed by all male citizens of the U.S., 21 years old and upward, without o to race, color, or previous condition of servitude, except such as may be disfranchised for participating in the late rebellion or for felony at common law; and when said constitution shall have been submitted to the voters of said State, as thus defined, for ratification or rejection; and when the constitution, if by ratified the vote of the people of said State shall have been submitted to Congress for examination and approval, said State shall, if its constitution be approvedby Congress, be declared entitled to representation in Congress, and Sens&Reps shall be admitted therefrom on their taking the oath Prescribed by preceding law, and then, and thereafterthe sections of this bill shall be ine perative in said State.
Mr. HILL. Must not the reference under the rule be to the ComReconstruction?.
The SPEAKER. The Chair is of the opinion, as the ComReconstruction has reported this billand it is now before the House; is is within the province of the House to send it to another committee. As an original proposition it would have to go to the ComReconstruction.
Skip Skip Mr. BLAINE. I demand the previous quèstion. The question being put on 2nding the previous question, there were ayes 44, noes 58. Mr. BLAINE demanded tellers, Tellers, were ordered; and the Chair appointed Messrs. BLAINE and FARNsworth. The House divided; and the tellers reported ayes 65, noes 57. So The previous question was 2nded. Mr. STEVENS. I demand the yeas&nays on ordering the main question. Mr. SPALDING. I suggest to my friend that we can have a test vote on a motion to lay the whole matter on the table. Mr. STEVENS. The gentleman can move that afterward. The yeas&nays were ordered. Mr. SPALDING. I think we have spent time enough on this matter to have a test vote; I therefore move to lay the bill and pending motions on the table, and on that I demand the yeas&nays. I shall myself vote against my own motion. " The yeas&nays were ordered. The question was taken on laying the bill and pending motions on the table; and it was decided in the negative–yeas 39, nays 115, not voting 36;. So the bill was not laid on the table. During the roll call, Mr. DEMING stated that his colleague, Mr. BRANDEGEE, was paired with Mr. McCUL LOUGH. Mr. NIBLACK said he had paired on this vote with Mr. WASHBURN, of Indiana.
Mr. ALLISON. I would inquire if this motion prevails and the bill is referred to the ComJudiciary, and that committee reports it back again according to the instructions, will it then be open to amendment?
The SPEAKER. If the bill is immediately reported back, as it must be according to the order of the House, if the motion prevails, it will then be open to amendment, unless the previous question is 2nded.
Skip Skip The question was taken on ordering the main question; and it was decided in the affirmative–yeas 85, nays 78; not voting 2;7. So the main question was ordered. The question was upon the motion of Mr. BLAINE to commit the pending bill to the ComJudiciary with instructions.
Mr. STEVENS. I will call for the yeas&nays on that motion. But before doing so, I will ask whether the hour will ever come to which I am entitled by the rule after the previous question has been 2nded and the main question ordered?
The SPEAKER. The gentleman is entitled to his hour now if he claims it. The Chair will state in this connection that the motien to refer to the ComJudiciary, one of the standing committees of this House, takes precedence as an independent motion of the motion to recommit to a select committee.
Mr. STEVENS. If this is the only chance I shall have I will say now what I have to say on this subject.
The SPEAKER. After the House proceeds to act under the previous question, and the order is partially executed, it is not in order to debate the question.
Mr. GRINNELL. Is it in order to ask unanimous consent that the Gentfrom Pennsylvania (Mr. STEVENs) have leave to speak at some other stage of this bill?
The SPEAKER. Unanimous consent could be given for that purpose. But should the motion to commit prevail, the bill will not then be before the House for discussion.
Mr. SHELLABARGER. The gentleman will permit me to say that there was embodied in one section of the Louisiana bill a distinct declaration that if the State should seek representation here under the Constitution provided for in that bill, its admission shall be on such terms as the Congress to which application is made shall demand. That provision was inserted for the very purpose of excluding the conclusion that Congress when the time comes shall not declare what it may deem the proper terms of admission.
Mr. BLAINE. And my amendment leaves the question entirely to future Congresses, just exactly as that does.
Mr. BANKS. I did not propose any amendment to this bill.
Mr. STEVENS. I know; but it is on the file of amendments. I fear that that bill would not succeed. It proposes to set up a contrivance at the mouths of the Mississippi, and by hydraulic action to control all the States that are washed by the waters of that great stream. [o]. So I might go on with 2 or 3 more. The amendment of the Gentfrom Maine, [Mr. BLAINE, as I said before, lets in a vast number of rebels, and shuts out nobody. All I ask is that when the House comes to vote upon that amendment it shall understand that the adoption of it would be an entire surrender of those States into the hands of the rebels. Mr. Speaker, I feel that I have already tres passed too long upon the House; and as there may be a wish to take the vote now, as it is about 4 o'clock, I shall sit down, so as to leave it to the House to determine.
Mr. BROOMALL. I desire to ask a question of the Chair. If this bill is committed to the ComJudiciary, and immediately reported back, as it will be, will it then be in order to move, as a substitute for the entire bill, the substance of the Louisiana bill applied to the rest of. SPEAKER. tAhfeteSrtates? it is committed to the ComJudiciary, the chairman of that committee will report it back instanter under the instruction of the House; and then if the House does not close the debate by 2nding the previous question that amendment will be in order.
Mr. BROOMALL. Then I give notice that I will offer that amendment when I have the opportunity, should the motion to commit prevail.
Mr. RICE, of Maine, and Mr. MILLER asked and obtained leave to print some remarks upon the bill under consideration. [Their remarks will be published in the Appendix]
Mr. JULIAN. If the motion to commit the bill to the ComJudiciary should be voted down, what would be the effect?
The SPEAKER. The previons question having been 2nded and the main question ordered, if the motion to commit is voted down, the previous question will not be ex. hausted until the in reading of the bill. The question recurred upon the motion of Mr. BLAINE, to commit the bill to the ComJudiciary, with certain instructions.
Skip Skip Mr. STEVENS. I demand the yeas and naw8. The yeas&nays were ordered. The question was then taken on the motion to recommit to the ComJudiciary, with instructions, and there were yeas 69, nays 94, not voting 27;. So the motion to recommit to the ComJudiciary was disagreed to. The question next recurred on the motion to recommit to the ComReconstruction. Mr. FINCK demanded the &nays. The House divided; and there were ayes 20; not sufficient. Mr. ELDRIDGE demanded tellers on the yeas&nays. Tellers were ordered. The SPEAKER suggested, as there were more than enough on ordering tellers to order the yeas&nays, that the yeas&nays be considered as ordered. There was no objection, and it was ordered accordingly.
Skip Skip The question was taken; and it was decided in the negative yeas 38, nays 121, not voting 31; So the motion was disagreed to. During the vote, Mr. HILL stated his colleague, Mr. WAsh BURN, was paired with Mr. WRIGHT. The vote was then announced as above recorded.
The SPEAKER. If there be no objection, the substitute of the Gentfrom Pennsylvania, [Mr. STEvens] as modified, will i. considered as the original bill.
Skip Skip There was no objection, and it was ordered accordingly. The bill was orderengross 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 main question ordered. Mr. ANCONA demanded the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken on the passage of the bill; and it was decided in the affirmative yeas 109, nays 55, not voting 26;
Mr. STEVENS. Before making the motion to reconsider I wish to inquire, Mr. Speaker, if it is in order for me now to say that we indorse the language of good old Laertes, that Heaven rules as yet and there are gods above?
The SPEAKER. It will be in order for the gentleman to say it. [Laughter]
Mr. STEVENS. mtRtv the bill was passed; on the table. agreed to.
Messrs. DAVIS, J. L. THOMAS, and LAWRENCE, of Ohio, asked and obtained leave to print remarks on the bill just passed. [Their remarks will be published in to: Appendix]
The SPEAKER. The Chair lays before the House a message of the Senate of today, requesting the return from the HoRep of House bill No. 811, for the relief of certain drafted men, which was indefinitely postponed by the Senate on the 11th instant. No objection being made, the bill was accordingly returned. ORDER OF BUSINESS.
Mr. BLAINE. I desire to call up the motion which I had entered on the 16th of January, to reconsider the vote by which House bill No. 998, in regard to the war debts of the loyal States, was recommitted.
The SPEAKER. That is a privileged motion. The next business pending before the House is the bounty bill, but that was reported with the understanding that it should not interfere with the morning hour. There has been no morning hour today, and of course it will not come up till after the morning hour tomorrow.
Mr. BLAINE. I do not intend to consume any time at all on the bill in regard to the war debts of the loyal States, but tomorrow morning after the reading of the Journal as soon as the House is full I shall ask a vote upon it.
Mr. MORRILL. It is my purpose to have tihfe tax bill considered tomorrow morning, and possible finished within 2 days.
The SPEAKER. If the House goes into ComWhole on the tax bill, the bounty bill will be thereby postponed until the ComWhole report the tax bill to the House.
Mr. SCHENCK. I give notice that I shall call for the regular &: so as to go through the morning hour tomorrow and then take up the bounty bill, and I hope the friends of the bounty bill will not permit me to be taken off my legs by a motion to go into the ComWhole. [[laughter]
The SPEAKER. That will be a question between the chairman of the ComWays&Means and the gentleman. [Laughter.
Mr. BLAINE. I would inquire if the bill in regard to which I have risen will not go over as unfinished business?
The SPEAKER. It will be pending at the adjournment unless otherwise ordered.
Mr. SCHENCK. I give notice that tomor row morning I shall insist upon the regular order. EVENING SESSION.
Mr. MORRILL. I move that the House take a recess today until 7 o'clock.
Mr. THAYER. I move to amend by making it half past 7.
Mr. FINCK. Is a motion to adjourn in order?
Mr. FINCK. Then I move that the House adjourn.
Mr. MORRILL. Do I understand that this motion to adjourn, if it shall prevail, will cut off the evening session?
The SPEAKER. Certainly it would. Even where there is an order of the House for an evening session to be held each day a motion to adjourn, if successful, has always been regarded by the Presiding Officer as carrying the session of the House over to the next day to the regular time of meeting.
Mr. MORRILL. Then I hope that the members who are in favor of carrying on the business of the House will vote against the motion.
Skip Skip The question was taken upon the motion to adjourn; and upon a division there were ayes 33, noes 70. So the motion to adjourn was not agreed to. The question recurred upon the amendment of Mr. THAYER to the motion of Mr. MoRRILL, to take a recess; the amendment being to take a recess till half past 7 o'clock p. m.
Skip Skip The amendment was agreed to. The motion of Mr. MoRBILL, as amended, was then agreed to. Accordingly (at 4 o'clock and 45 minutes p. m.) the House took a recess until 7 and a half o'clock p.m. EVENING SESSION. The House, pursuant to order, reassembled at half past 7 o'clock p.m. compeNsATION of CIVIL EMPLOYees.
Mr. MORRILL. I ask unanimous consent to take from the Speaker's table and have referred to the ComWays&Means the amendments of the Senate to House JtResolution No. 224, giving additional compensation to certain employees in the civil service of the Government at Washington.
The SPEAKER. That will require unanimous consent at this time.
Mr. HARDING, of Illinois. I object. I am opposed to that bill, and therefore I am not willing to give it any advantage in any way.
The SPEAKER. The Chair will suggest to the Gentfrom Illinois [Mr. HARDING] that by keeping this bill upon the Speaker's table will in no way tend to accomplish his object. Should a motion be made at any time to go to business othe Speaker's table, and it joid prevail, these amendments could be taken up and disposed of at once.
Mr. HARDING, of Illinois. Then I with draw my objection. No objection being made, the motion of Mr. MoRRILL was agreed to. PAUL S. Fort BES.
Mr. PIKE. I ask unanimous consent to take from the Speaker's table, for consideration at this time, the amendments of the senate to the bill for the relief of Paul S. Forbes. They are merely verbal amendments, and will take no time to dispose of Mr. COOPER. I object to any business being done except the consideration of the tax bill, for which this evening was set apart by the order of the House. MAIL ROUTE IN WEST WIRGINIA.
Mr. WHALEY, by unanimous consent, introduced a bill to establish a mail route in the States of Virginia and WestVirginia; which was read a 1st and 2nd time, and referred to the comPostOffice. TAx BILL. “
Mr. MORRILL. I move that the rules be suspended, and that the House now resolve itself into the ComWhole on the state of the Union on the special order. The motion was agreed to.. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. BouTwell in the chair,) and proceeded to the consideration of the special order, being House bill No. 1161, to amend existing laws relating to internalrevenue.
Mr. LeBLOND. Mr. Chairman, before the Gentfrom Vermont takes his seat I wish to submit to him one question. If I understand correctly his remarks, this is a bill for revenue alone.
Mr. MORRILL. The gentleman probably did not hear what I stated. This is not the tariff bill, but the tax bill; and it proposes to reduce taxation.
Mr. LeBLOND. Exactly; but the object is to raise revenue. Now, I will state the in .which I desire to submit to the Gentfrom Vermont. The latter part of the 40 5th section provides that If the officer having such spirits in charge shall have beenunable, for a period of 90 days, to sell the same for the price equal to the tax, such spirits shall be destroyed, under such rules and regulations as the ComrIntRev may prescribe. Now, I would like to know how the gentleman proposes to raise revenue by the destruction of the very article upon which he seeks to raise revenue?
Mr. MORRILL. I was aware that whenever we reached that provision of the bill it would excite the gentleman's regret. [Laughter]
Mr. LeBLOND. This is only a contest as to locality. We think these rules and regulations are designed to withdraw the liquor into NewEngland, to be consumed in the way of drinking. [Laughter] That is the only way we in the West can solve the proposition.
Mr. MORRILL. I yield to the Gentfrom NewYork, [Mr. DARLING]
Mr. MoRRILL, I move that the 1st read.ingo the bill be suspended. No objection being made, it was so ordered.
Mr. MORRILL. I now move that the committee rise for the purpose of terminating all general debate, so as to leave the debate open to the 5 minute rule. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. BouTwell reported that the ComWhole on the state of the Union, having had under consideration the state of the Union generally, and particularly House bill No. 1161, to amend existing laws relating to internalrevenue, had come to no conclusion thereon.
Mr. MORRILL. I now move that when the House shall again resolve itself into ComWhole on the state of the Union for the consideration of the special order, all general debate be terminated in ten minutes, and that the debate be under the 5 minute rule. The motion was agreed to.
Mr. MORRILL. I now 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. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Boutwell in the chair, and resumed the consideration of the special order and particularly House bill No. 1161, to amen existing laws relating to internalrevenue.
The CHAIRMAN. All general debate is now closed by order of the The bill will now be read by sections for amendment.
The Clerk read as follows: Be it enacted, d o c., That all actsrequired in relation to the assessment, return, collection, and payment 9f the income tax, special tax, and other annual now by law required in the month of shall, May, hereafter be required on the corresponding days in the month of March in each year; all acts uired in the month of June, in relation to ollection, return, the and payment of said taxes, shall hereafter be required on the correspondingdays of the month of April of eachyear.
Mr. HOOPER, of Massachusetts. I move to amend this section by inserting the words “to be performed” after the word “required, ” where it 1st occurs; also to insert the same words before the words “in the month of June.”
Mr. WILLIAMS. I would suggest to the Gentfrom Massachusetts [Mr. Hooper] that he better modify his amendment so as to insert after the word “required, ” where it 1st occurs, the words “to be performed;” and to strike out the words “now by law required, ” before the words “in the month? of May.
Mr. HOOPER, of Massachusetts. I will accept the suggestion of the gentleman, and modify my amendment accordingly.
Mr. MAYNARD. I would make another suggestion to the Gentfrom Massachusetts, [Mr. Hoopert, I that the better way would be to strike out the word “required” where it 1st occurs in this section, and insert the words “to be performed “ after the word “required” where it next occurs in the section.
Mr. HOOPER, of Massachusetts. I think that is still better; and I modify my amendment accordingly. The amendment, as modified, was agreed to.
Mr. McRUER. I desire to ask the chairman of the ComWays&Means [Mr. MoRRILL] if it is the intention of the committee that this section shall apply to the coming months of March and April of this year? The provisions of this law can hardly be known in the States on the Pacific by that time.
Mr. MORRILL. I think there will be no difficulty in having it go into effect at that time. No further amendment being offered,
The Clerk read as follows: Sec. 2. Abife: That apo the ca ries, butchers, confectioners, and plumbersand gas fitters, whoseannual salesexceed$25,000s, hall pay, in addition to one dollar for tehveersyp$e1ci, a0l0toax now required by law. in excess of said $25,000; and the taxes on such excess shall be assessedand paid in the manner provided in sale dealers. the caseof whole No amendment being offered,
The Clerk read as follows: Sec. 3. Abife:, That in proceedingsarising all suits or underthe internalrevenuelaws, to which the U.S. is party, and in all suits or proceedingsagainst a collector or other officer of the internalrevenue, wherein a district attorney shall appearfor the purpose of prosecuting or fending, deit shall be the duty of said attorney immo diately at the end of everyterm of the court in said suit which or proceeding is or shall be instituted, to forward to the ComrIntRev a full and particular statementof the condition of all such suits or proceedingsappearingupon the docket of said court: Provided, That upon the institution of any such suit oro it shall be the duty of said attorney to report to particulars relating said Commissionerthe full to such suit or proceeding; and it shall be the duty of the ComrIntRev)(with the approval of the Secretary of the to establish such rules and regulations, not inconsistentwith law, for the observanceof revenue officers, district attorneys, and marshals, respecting suits arising under the internalrevenue laws, in which the U.S. is a party, as may be deemednecessary for the just responsibility of thoseofficers and the prompt collection of all revenues and debts due and accruing to Statesunder such laws. the U.S. No amendment being offered,
The Clerk read as follows: SF.C. 4. Abife:, That the ComrIntRev shall have charge of all lands and other property which have beenor shall be assigned, set, 9ff, or conveyed, by purchase or, otherwise, to the U.S., in payment of debtsarising under the lawsrelating to enue, internalrevand of all trusts created for the useof the U.S., in payment of such debts due them; and, with the approval of the SecyTreasury, may sell and dispose of lands assigned or set off to the U.S. in paymentof such debts, or being vested in them by mortgage or Kos. Other security, for the debts; and in cases where real estate as already become the property of by conveyance the U.S or otherwise, in payment of or as security for a debt arising under the laws relating to ipnatiedr, ntaolgertehveernwuieth, atnhde isnutcehredstebthtesrheaolnl, have been to the U.S., within 2 years from the date of the of such real estate, it shall be lawful for the ComrIntRev with the of the SecyTreasury, to release by deed, or otherwise convey, such real estate to debtor from whom the it was taken, or to his heirs or other legal rePresentatives.
Mr. ALLISON. I move to insert before the words “to the U.S., ” where they last occur in the section, the words “at the rate of 1%. per month “ as the rate of interest.
Mr. INGERSOLL. I move to amend the amendment by striking out the word “one" and inserting the word “one half, ” as the rate of interest per month.
Mr. ALLISON. Mr. Chairman, that is precisely the legal rate of interest 6%. The object of the amendment which I propose, is that it shall not be to the interest of a debtor to have his property sold and then at the end of 2 years redeem it by simply paying 6%. interest.
Mr. INGERSOLL. I desire to ask the Gentfrom Iowa [Mr. ALLIsox] whether or not the “debt” referred to in this section does not include whatever penalty may have been assessed? As I understand it, the interest accrues, not only on the amount of taxes, but on the penalty.
Mr. ALLISON. It is quite possible that under certain circumstances the penalty may be included; but in many instances the penalty, from necessity, would be very light. Certainly, if the debtor is allowed the privilege of redeeming his property at the end of 2 years, he ought to be satisfied to pay 1%. per month for the time during which he has withheld the money. The amendment to the amendment was rejected.
Mr. SL9AN. I move to amend by insert.ing after the word “of, ” in the 9th line, the words “at public vendue upon not less than 20 days' notice;” so that the clause will read as follows: And, with the approval of the SecyTreasury, may the sell and dispose of at public vendue upon not lessthan 20 daysnotice, lands assigned or set off to the U.S. in payment of such debts, or being vested in security them by mortgage or other for the paymentof such debts.
Mr. FARQUBAR. I move to amend by inserting after the word “thereon, ” in the 6: teenth line of this section, the words “and all expenses incurred by the Government in collecting said debt;” so that the clause will read as follows: And in caseswhere real estate has already become the property of the U.S. by conveyanceor otherwise, in paymentof or as security for a debt arising under the laws relating to enue, internalrevand such debt shall have beenpaid, together with the interest thereon and all expenses incurred the Government in collecting said debt.
Mr. HILL. I desire to inquire of my colleague whether this amount is intended to include such expenses as compensation of detectives, fees of counsel, &c., or whether it simply is designed to include what is under stood by “costs?”
Mr. FARQUEIAR. The object of the amendment is to cover all the legitimate expenses which the Government is necessarily obliged to incur in the prosecution of the suit, and the disposal of the property. I do not understand that the amendment which has been adopted includes these expenses. It simply covers the interest upon the money during the time for which the use of it has been enjoyed.
Mr. FINCK. Mr. Chairman, I rise to oppose the amendment. The proposition of the Gentfrom Indiana [Mr. FARQUBAR] is too indefinite. It uses the term “expenses.” Now, what are “expenses?” Does the term include attorneys’ fees, the compensation of detectives, and costs of court, or what does it mean? In my view, it is better in all such cases as this that there should be a specific amount fixed as a penalty, so that the debtor may know what he is obliged to pay and the Government what it has the right to demand. I am opposed to the amendment because of the uncertainty of its language.
Mr. MAYNARD. I move to amend the amendment by striking out the word “expenses, ” and inserting in lieu thereof the word “costs.” The latter is the legal word and is" well understood.
Mr. FARQUEIAR. This is designed to include more than mere costs.
Mr. MILLER. I move to amend by adding “all costs and necessary expenses.”
The CHAIRMAN. That amendment is not in order. An amendment to the amendment is already pending.
Mr. ALLISON. I think, Mr. Chairman, that neither of these amendments should be adopted. The provision of this section is intended only to cover a class of cases in which the Government makes a compromise with the delinquent party or where property has been sold upon execution or process of a court. Of course whatever sum the property may sell for would include the proper costs of the suit, and would be a part of the debt due to the Government. It seems to me, therefore, the section is as well as it could be with any amendment.
Mr. MAYNARD's amendment to the amendment was disagreed to; and then Mr. FAR QUAHAR's was also rejected.
Mr. COOPER. I move to amend by insertin in line 17 of section 4, after the wor “estate, ” the words “by the debtor, his heirs, assigns, or other legal rePresentatives, or any mortgagee or judgment creditor of the debtor;” and inserting in line 21, section 4, after the word “rePresentatives, ” the words “mo r tgagee or judgment creditor so redeem The object of the amendment, Mr. Chair man, is to confer upon the creditor of the debtor the same right to redeem that the debtor has. Of course the only object the Government has in view is the security of the debt for which the real estate has been taken. If it can get its money from any source it is that much to the advantage of the Government; so that by giving the judgment creditor of the debtor the right to redeem you thereby furnish additional means to the Government to get its money.
Mr. SLOAN. I move to insert “mortga gee” before “judgment creditor.”
Mr. ALLISON. I rise to oppose the amendment. This amendment should not be adopted for various reasons. This is a personal privi. lege tendered for the benefit of the debtor and his creditors. If a judgment creditor shall have the benefit, which one shall it be? Suppose a judgment creditor proposes to come in and redeem in 3 months, what will become of the debtor and his creditors? It seems to me this should be confined to the debtor and his rePresentatives.
Mr. INGERSOLL. It is variously under stood as to whether the 1st amendment of the iGentfrom Iowa was considered as adopted or rejected.
Mr. INGERSOLL. It was understood by the Gentfrom Iowa to have been rejected, and he withdrew his amendment. The Chair announced 40 in the affirmative and 44 in the negative.
The CHAIRMAN. It was 44 in the affirmative and 40 in the negative. The Chair under stood the objection was withdrawn, and the amendment was declared adopted. If there is doubt, however
Mr. INGERSOLL. There is doubt, and I ask the Gentfrom Iowa whether he did not understand the amendment to be rejected?
The CHAIRMAN. The Gentfrom Illinois can have a vote on the amendment in the House. The pending amendment was disagreed to.
Mr. PAINE. I move to strike out the word “being” in line ten.
The Clerk read as follows: SEc. 5. Abife: That if it shall at any time be ascertainedthat themanufacturer of any article upon which a tax is required to be by means of a stamp, shall have soloi or removedfor sale any such articleswithout the use of the properstamp, in addition to the penalties now imposedby law for such sale or removal, it shall be the duty of proper the assessoror asst assessor, upon such in ormationashecanobtain, to assuumaendestimatethe amount of the tax which hasbeenomitted to be paid, and to make an assessinenttherefor, and certify the same to the collector; and it shall also be the duty of the proper assessoror asstassessor in like manner to assume and estimate the amount of taxes swphiriciths maybeduefromanymanufacturer of distilled on account of any spirits manufactured by him upon which the tax has not been paid, and to make the proper assessmenttherefor, and the subsequentproceedingsfor collection shall be in all respects like those for the collection of turesand productions. taxes upon manufac
Mr. HOOPER, of Massachusetts. I move to amend in the 1st and 2nd lines by striking out after the word “that” the words “it shall be at any time ascertained that.”
Mr. MAYNARD. I move at the close of the section to add the following proviso: Provided, That no tax shall be collected on any spirits manufactured in the State of Tennesseeand disposed of by the manufacturers beforethe 1stday of August, 1866. I beg the attention of the House to the reasons for this amendment. There are a great many small distilleries in Tennessee that make but a few barrels of spirits. They were in operation before any system of revenue was extended internal to that section by the appointment of assessors and collectors. The distillers were in fact ignorant of the provisions of internalrevenue law. Most of the time they were under military rule and were regulated by what were called permits. The liquor was made and sold at prices not exceeding a dollar or a dollar and a half a gallon, and was actually consumed in the neighborhood. Now, to impose a tax upon those people for their arrearages would, as they are men of small means, break up and destroy their business. I have had a communication from the assessor in my own district urging as a matter of jus tice that prior to the time fixed by this bill the tax joi not be imposed upon liquors that were not then in the hands of the manufacturers, such as have been disposed of and consumed. The amount of revenue raised by the Government, if we attempt to pursue these people, will be very small, and to impose this tax would be a great hardship. We had no internalrevenue officers there to enforce the law and the manufacturers were in fact igno rant of it. I have seen letters from persons engaged in this business desiring to know whether the law imposes a tax of 2 dollars a gallon. I trust they may be relieved from the imposition of this tax so far as I have proposed.
Mr. GARFIELD. I suggest to the gentleman to waive this and let the committee consult the ComrIntRev, and bring it in again at another point.
Mr. HOOPER, of Massachusetts. I suggest to the gentleman to have it read “disposed of by the manufacturer and consumer.” Laughter]
Mr. DARLING. If it is consumed, how can you collect the tax on it?. The gentleman complains of this being a hardship. Now, all taxes are hardships as a matter of course. Tennessee is reconstructed, and I think she ought to be willing to pay her share of the tax. I see no reason why there should be exemption or discrimination in regard to that State. The tax should bear equally on all sections. There will of course be hardships in individual cases, but that cannot be avoided.
Mr. MAYNARD. For the purpose of answering the gentleman, I move to strike out the last word. The state of things in Tennessee is unlike that of any other State. The liquor manufactured by these men was actually sold for much less than the amount of tax, while there was no officer there to make the demand for the tax. Now, it is proposed to send an assessor to impose this tax, which will be unjust and ruine us to the manufacturers.
Mr. MORIRILL. I ask by general consent that we pass over this section until tomorrow, in order to have the committee confer and consider it, leaving the amendment to be renewed if necessary. No objection being made, the section was accordingly passed over with that understand 1ng.
Mr. BEAMAN. I ask leave to suggest another amendment, by striking out in line 8 and also in line 12 the words “as sume and.” I only make the suggestion.
Mr. PAINE. Is it understood that this section is passed over with a view of returning to it for the purpose of making any amendment?
The Clerk read as follows: SEc; 6. Abife:, That it shall be lawful for the ComrIntRev, whenever he shall deem it expedient, to designate one or more of the asstassessors in anycollection district to make assessments in any part of such collection district for all such taxes as may be any specifiedobjectsof taxation, and dueupon in such case it shall be the duty of the other asstassessors of such collection district to report to the asstas smeasysorthus specifically designatedall matterswhich come to their knowledge relative to any assessments to be made by him: Provided, That whenever 2 or more districts or parts of within one county districtsareembraced it obe lawful for such asst assessoror assessors to make assessmentany where within such countyupon such specifiedobjects of taxation as quired hemay beby said Commissioner re: Providedfurther, :suchassessment shall be returned to the assessor of the district in which such taxes are payable. No amendment being offered to the above section,
The Clerk read as follows: Sfc. 7. Abife:, That the ComrIntRev, with the approval of Secretary the of the Treasury, is hereby authorized to pay such sums, not exceeding in amount appropriated therefor, the aggregatethe as may in their judgment be deemed necessaryfor detectingand bringing to trial and punishment persons guilty of violating the internalrevenue laws, or conniving at the same in caseswheresuch crpensesare not otherwiseprovided for by law. And for this purpose there is hereby appropriated $100,000, or so much thereof as may be necessary, out of any money in the Treasury not otherwiseappropriated. No amendment being offered to the above section,
The Clerk read as follows: SEC. 8. Abife: That hereafter for any failure to pay any internalrevenue tax at the time and in the manner required by law, where such failure creates a liability to pay a penalty of ten%. additional upon the amount of tax so unpaid, the person or persons due and so failing or neglecting to pay said tax, instead of ten%, as aforesaid, shall pay a pennlity of 5%., together with interest at the rate of 1%. per month upon snaoidinttaexrefsrotmforthaenytimfreactthioensaomf e became due, but a month shall be demanded. ' No amendment being offered,
The Clerk read the 1st clause of section 9, as follows: SEc. 9. Abife:, That the act entitled "An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approved June 30, 1864, as amended by the act approved July 13, 1866, be, and the same is hereby, amended as follows, namely;. That section 22 be amended by striking. out after the words “asst assessor”and before the word. actually” the words “4 dollars for everyday, ” and inserting in lieu, thereof, the words “five dollars for everyday;" and further, by striking omuatythe following words: “And asst assessors be allowed, in the settlement of their accounts, such sum as the ComrIntRev shall approve, not exceeding per annum for office rent: but no account, for such officerent shall be allowed or paid until it shall have beenverified in such manner as the ComrRev mayrequire, and shall have beeInntaeurndaitledRaenvd. approved by the proper officersof the Treasury dept; and asst assessors, when employed outside of the town in which they reside, in addition to the compensationwhich they are now allowed by law, shall, during such time so employed, receive one dollar compensation This amendment shall take effect for the month of March, 1867 and thereafter.
Mr. McRUER. I move to amend this clause by striking out “$300” and inserting “$1,000” as the salary of the asst assessor.
Mr. GARFIELD. That is merely the portion of the section of the Present law which this bill proposes to strike out. The gentleman does not certainly o to amend that portion of the law which we propose to strike Out.
Mr. McRUER. I was under a misapprehension:I withdraw o.
Mr. FARQUBAR. I. move to strike out the last word for the purpose of asking the chairman of the ComWays&Means, [Mr. MoRRILL,) or some other gentleman, what is the meaning of this clause; whether or not it increases the pay of the asst assessor?
Mr. MORRILL. It leaves the pay about the same as it is now by law; only it makes it 5 dollars per day without any allowance for rent.
Mr. FARQUHAR. I withdraw my amendment. No further amendment being offered,
The Clerk read as follows: That section 73 be amendedby striking out all after the enactingclauseand inserting in lieu thereof the following: that any person who shall exerciseor carry on anytrade, business, or profession, ionrgd, ocaarnryyiancgtohne, reinaftermentioned, for the exercis or doing of which a special tax is imposed by law, without payment thereof, asin that bbeehinaglfliraebqlueirteodt, hsehaplal, yfmoreenvtoefrythsuecthaxo, ffbeensseu, bbjeescitdteos a fine of not lessthan ten nor morethan 500 dollars. And if such person shall be a manufacturer of tobacco, snuff, or cigars, or a distiller or a rectifier, or a wholesaleor retail dealer in liquor, he shall be further liable to imprisonment for a term not less than 60 days and not exceedingtwo years.
Mr. HUMPHREY. I move to amend this clause by striking out the words: And if such person shall be a manufacturer of to bacco, snuff, or cigars, or a distiller or rectifier, or a wholesaleor retail dealerin liquor, he shall befurther liable to imprisonment for a term not lessthan 60 days and not exceedingtwo years. I am not aware that it is any more of a crime to carry on the business of manufacturing tobacco, snuff, or cigars, without paying the license therefor than it would be to carry on the business of the practice of law or of medicine or of any other employment or profession for which a license is required. Neither can I discover any necessity on the part of the government to impose a severer punishment upon persons in this particular business who . the law than upon persons in any other business. It is not a kind of employment which can be carried on with any more secrecy than many other kinds of employment, or an employment that works any greater detriment to the public interest than many other kinds of employment. It would seem to be a reflection by this House upon a great number of respect able men all over the country, but more particularly in the cities, who are engaged in this particular branch of business. I cannot see any reason for it, either in the way of benefit to the revenue or for the supPression of crime, if this is to be regarded in o: light. I hope, therefore, either that the part I have indicated will be stricken out or that the section will be so amended as to make the extreme punishment which is attempted to be affixed to this particular branch of business applicable to a violation of the license law in respect to all other classes of business.
Mr. GARFIELD. I hope the amendment of the Gentfrom NewYork [Mr. HUM PHREY] will not be adopted. It is very well known that the 2 articles mentioned in this clause, which ought to furnish us the largest portion of our internalrevenue, are the most subject to frauds of any articles in the whole list; and that just in proportion as the tax is made high on any particular article just in that proportion is the temptation to defraud. And as a matter of fact the interest of the Government in every gallon of whisky paying tax is very much greater than the interest which the owner or manufacturer has in it. The facilities for concealing all the operations connected with manufacturing tobacco or cigars or distilling whisky are so very great that without the most stringent regulations it is found absolutely impossible to collect the tax. Itrust, therefore, that this amendment will not prevail, but that we shall incorporate in this bill all possible safe ards for the interest of the Government. Now, in some courts it has been found that the judges, in pronouncing sentence for a violation of the law in this respect, have imposed punishments, merely nominal, as for instance, one day's imprisonment or 6 cents fine. Thus in many cases the judges have absolutely encour aged violations of the law. It is found necessary, therefore, that instead of leaving it optional with the judge to impose either punishment we should provide for the infliction of both, taking care that they shall not be so light as to encourage the violators of the law. I trust that the provisions as reported may be sustained by the judgment of the House.
Mr. MORRILL. I desire to move an amendment which, as it proposes to perfect the text of the bill, takes precedence of the motion to strike out the whole clause. I move to amend by striking out in the 37th line the words “ or a distiller, or a rectifier.” These words are unnecessary, as the matter is provided for in another portion of the bill. Before taking my seat, I desire to say a few words on the proposition of the Gentfrom NewYork, [Mr. HUMPHREY] The fact is that a large number of persons, especially in the gentleman's own State, succeed in carrying on illegally the business, for instance, of a liquor dealer, yet when an attempt is made to subject them to the penalty of the law the district judge imposes a merely nominal fine. Unless we specify in the law a minimum amount of fine and a minimum term of imprisonment, there must continue to be an utter evasion of the law. It is suggested to me by a gentleman here that on the question of drinking the inclination of the bench harmonizes with the interest of the retail liquor dealers. [Laughter] It is perfectly apparent that if the Present law is continued, without some such amendment as we now propose, persons in certain localities may carry on the business of selling tobacco or cigars or whisky while refusing to pay any tax. If we would protect the honest dealers who pay the tax we must enforce some adequate penalty uyon those who do not pay it. The amendment of Mr. agreed to. The question recurring on the amendment of N.'. it was not agreed to.
Mr. DARLING. I move to amend by adding at the end of the 39th line the words “and until the fine is paid.” Mr. Chairman, I think experience has shown that unless you enforce the payment of these fines by imprisonment, continuing until they are paid, they never are collected. This is the fact as it is found to exist by the select committee who have examined this subject. If you would enforce properly your revenue laws you must provide that where the penalty is a fine, accompanied with imprisonment, the imprisonment shall continue until the fine is paid.
Mr. PAINE. It seems to me that if the amendment of the Gentfrom NewYork is to be adopted, we should change the phrase ology of the clause; because unless this change be made it will provide for imprisonment “not exceeding 2 years, ” but which is to continue “until the fine is paid.” I suggest to the Gentfrom NewYork to include in his amendment a further modification of the language of the bill.
The CHAIRMAN. That will be open to amendment if this amendment is agreed to.
Mr. STEVENS. Let the amendment be again read.
Mr. STEVENS. Suppose he is not able to pay it. I move to amend by saying not exceeding ten years.
Mr. MORRILL. The party may be fined or imprisoned. Suppose he is fined?
Mr. DARLING. Then imprisonment can be added by the judge if he regards the case of so flagrant a character as to need further punishment. The fine does not exceed in any case $500.
Mr. ALLISON. While I agree with the Gentfrom NewYork we should require stringent provisions, it does seem to me the amendment, proposed by him should not be adopted. We have stricken out from this provision distillers and rectifiers of whisky.
Mr. DARLING. I withdraw my amendment. MoRRILL was
Mr. GARFIELD. The thing we have tried to avoid is to leave this matter to the discretion of certain courts that have used their discretion in a bad way. The gentleman asks what was voted down a few minutes ago; and I hope that it will be voted down again.
Mr. NOELL. I move to strike out the whole clause.
Mr. NOELL. I move to strike out the last word and to insert the amendment I shall in dicate. A few days ago it was ascertained that the judicial tribunals of the southern States did not dispense justice fairly and impartially, and we therefore established military governments there. From what has been said by the Gentfrom NewYork it is very clear that the judges of that State are not doing their o faithfully by the loyal people. Therefore move that in lieu of this proposition GenlGrant be directed to detail a brigadier general source the revenue laws of the State of NewYork.
Mr. MORRILL. It is not the intention to detain the committee longer than to reach the next section of the bill. The pop. of the Gentfrom NewYork is objectionable. It is very important to know who these parties are who deal in these articles, Great frauds are committed by the makers of tobacco and cigars and dealers in liquor, and if we can fix their places of business by the fact of their taking a license we may track something into their hands. And it is very proper we should make a discrimination in reference to manufacturers of tobacco, snuff, and cigars, and dealers in liquor, for the reason that more frauds are practiced in that direction than in almost any other, and we are not able as yet to collect anything like half the amount of revenue we we ought to receive from that quarter.
Mr. NOELL withdrew his amendment. The amendment of Mr. HUMPHREY was disagreed to.
Mr. DARLING. I move to amend by inserting after “$500, the words “and shall be imprisoned until such fine is paid not exceeding one year;”, also by striking out the words immediately following, “and if said person, ” and inserting in lieu of the same the words “provided he:” also by striking out the words at the close of the paragraph, “he shall be further liable to imprisonment for a term not less than 60 days and not exceeding 2 years;” so that the paragraph, as amended, will read as follows: That any person who shall exerciseor carry onany trade, business, or profession, or do any act herein daoftienrgmentioned, for the exercising, carrying on, or of which a special tax is imposedby law, without paymentthereof, asin that behalf required, shall, fpoaryemveenrytosfutchhe toafxfe, nbsee, be subject to being inleiaobflenotot ltehses thanten nor morethan $500, and shall be imprisoned fuancttiul rseurcohffitnoebaisccpoa, idsn, upfrfo, voirdecdighaerss, hoarllabdeisatimllearnuor a rectifier, or a wholesaleor retail dealer in liquor.
Mr. THAYER. I rise to oppose the amendment. It is a very extraordinary legislation, such I am sure as never was sought to be put in any law book in this country. For a mere omission or oversight, accidentally made, with no intention to evade the law, a citizen of the U.S. is to be imprisoned, without any discretion on the part of the court that tries him, by an inflexible law which admits of no moderation. If anything like that can be pointed to in the legislation of any State in this country I would like the Gentfrom NewYork to show it. In my judgment it is a most cruel and unwise proposition.
Mr. DARLING. he party can escape imprisonment by payment of the fine. The amendment was disagreed to.
Mr. FARQUHAR. 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. Boutwell reported that the ComWhole on the state of the Union, having had under consideration the state of the Union generally, and Ka.rticularly the special order, being House bill 1161, had come to no resolution thereon.
The SPEAKER. The House now resumes the consideration of the mtRtv House bill No. 998, in regard to the war debts of the loyal States, was recommitted to the committee, on which the Gentfrom . Maine [Mr. BLAINE] is entitled to the floor, he having called up the motion at the adjournment of the House this afternoon.
Mr. ALLISON. I move that the House adjourn. The motion was agreed t;o and thereupon (at ten o'clock and ten minutes p. m.) the House adjourned.
PETITIONs, ETC. thTehreuffeo, llaonwdinregfepreretidtions, &c., werePresentedunder to the appropriate committees: Mr. CONKLING: The petition of merchants of chaNndeiwseYsohrakl, l opnrlayypinagy tdhuatty goonoadms, owuanrtews, itahnddramwenr; and that, tea, coffee;sugar, spices, and the raw produce of the East Indies shall not pay the ten%. additional duty if they remain oneyear in Mr. bond. COBB: The remonstrance of citizens of Potosi. Grant county, Wisconsin, against all tinkering with the currency. Mr. CULL0M: A petition signed, by a large number of citizens ofing Congress McLean county, Illinois, ask to repeal the law authorizing the with drawal of the national legal tenders from circulation. Mr. FERRY: The petition of F. B. Wilcox, L. G. Mason, T.J. Rand, J. N. Hackley, and 50 others, citizens of Muskegon, Michigan, protesting against any material curtailment of the ogon. Mr. LAFLIN: The petition of S. H. Sherman and 469thers, citizens of Watertown, Jeffersoncounty, NewYork, adverse to the withdrawal of national baAnlskoc, utrhreenWcy fro.mocfircIsualaatcioHn. Fisk and 40others, citizens of Watertown, Jefferson county, NewYork, against withdrawal of circulation. national bank currency from Also, the petition of W. S. Kenyon and 12 others, citizens of Newport, Herkimer county, NewYork, adverse to withdrawal of national bank currency from circulation. Mr.WASHBURN, of Massachusetts: the petition of Henry Cook and 25 others, citizens of South r Danvers, Massachusetts, against the passage of Randall bank bill. the Also, the petition of Francis Boker and 31 others, citizens of South Danvers, for the same Fo Also, the petition of Charles H. Fabens and 56 others, citizensof Salem, Massachusetts, for thesame purpose.
@@@IN SENATE SENATE. Wednesday, February 13, 1867. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. WILSON, the reading of the Journal was dispensed with by unanimous consent. CREDENTIALS.
Mr. DIXON Presented the credentials of Hon. Orris S. Ferry, chosen by the legislature of Connecticut a Senfrom that State for the term of 6 years, commencing March owhich were read, and ordered to be col.
Skip Skip MESSAGE FIROMTHE HOUSE. A message from the HoRep, by Mr. McPERSox, its Clerk, announced that the House had passed a bill (H.R.No. 1162) for the reestablishment of civil government in the State of Louisiana, in which the concurrence of the Senate was requested. ENIROLLED BILL SIGNED. The messagealso announced that the Speaker of the House had signed the enrolled JtResolution (H.R.No. 247) for the relief of James Keenan; and it was signed by the President protempore. RECONSTRUCTION OF LOUISIANA.
Mr. WADE. I move to postpone all other business and proceed to the consideration of the bill just received from the HoRep for the reorganization of the State of Louisiana, and I hope we shall take it;up it is among the most important business that we have or can have before us, in my judg ment, at this session, and it should supersede for the Present all other business until it is passed. I hope we shall proceed to consider it. I will take occasion to say now that there is so small a part of the session left and such an immense Press of business that I hope we shall all and I promise to do so myself as much as I urge it upon others be as brief in our arguments as possible, for we shall not get through the business Pressing upon us unless we study brevity. We have already established our names for being good talkers. Now, sir, I want it established through the country that we are energetic for action as well as for anything else. I hope we shall take up this gll and pass it. I make that motion.
Mr. LANE. I hope this bill will not be taken up, at least until the morning business is through. I wish to Present some reports from my committee to have them printed so as to have them ready for action tomorrow night. I hope there will be no motion to too. postpone the business until the morning business is through.
Mr. BUCKALEW. I wish to inquire what is the precise order of business at this moment?
The PRESIDENT protempore. will state the question. By the rules of the Senate it is the duty of the Presiding Officer, after the Senate comes to order, to call for petitions and memorials, then for reports from committees, then for the introduction of bills and JtResolutions, then for resolutions. That is the order by the rules of the Senate for the morning. The Chair has very frequently pursued that course when Senators have risen to make a motion to take up some other business, but is, of course, aware (or at least thinks that to be the correct rule) that if any Senator persists in a motion to postpone all prior orders and proceed to the consideration of any particular bill, it is the duty of the Chair to entertain the motion; and governed by that rule if at this time a motion is made to idpostpone the Present and all prior orders proceed to the consideration of the bill named by the Senfrom Ohio, the Chair will entertain the motion and put it to the Senate; otherwise he will proceed with the morning business under the rules of the senate, as is the duty of the Chair. If the Senfrom Ohio makes this motion the Chair will entertain it.
Mr. TRUMBULL. We wish to get through with the morning business.
Mr. WADE. I feel myself that this is the most important business, as I said before, that we can have; and if it should be put under The Chair. debate, as questions of this importance generally have been here, we shall not be able to act upon it this session, and I cannot understand why Senators should persist upon proceeding with the morning business, o certainly can be postponed with less detriment to the public than this bill. I hope there will be no opposition to it, that we shall take it up and pass upon it. It is under the control of the Senate, I suppose.
The PRESIDENT protempore. It is moved and 2nded that the Senate postpone the Present and all prior orders of business and Foto the consideration of the bill named the Senfrom Ohio, just received from the HoRep.
Mr. BUCKALEW, I will suggest to the Senator that very likely all petitions and reports would have been Presented and made by this time if he had allowed us to go on. They will take but a short time.
Mr. LANE. I shall oppose this motion at Present, and I am as anxious to take this bill up as anybody else. I have 4 or 5 pension bills here to report and some reports to submit which I wish to have printed by tomor row, as tomorrow evening is set apart for the consideration of bills of that character, and it will not take one minute to introduce the whole of them, and thus get rid of the morning business.
Mr. TRUMBULL. The Senfrom Ohio is not more anxious than I am to proceed to the consideration of the bill that he has mentioned; but in the morning hour, when our tables are crowded, and we have all brought in our petitions and reports that will take but little time to get rid of, I do think we shall gain time by allowing us to clear our tables. I hope the Senator will allow us to do that and then we shall take up the bill referred to. It will take but a few minutes to do as I have sk;ested, and probably we should have got tforough with the morning business before now. Just allow us to dispose of the business upon Qur tables, and then we can take up the bill. I hope the Senator will not persist in his motion.
The PRESIDENT protempore. The ques is on the motion of the Senfrom 10.
Mr. HENDRICKS. Mr. President, I wish to inquire whether under the rules a House bill can be considered, if there be any objection, on the day that it is received in the Senate?
The PRESIDENT protempore. It can be read once; that is all, if objection be made.
Mr. HENDRICKS. Then I object to any further consideration of that bill.
The PRESIDENT protempore. The bill is not yet before the Senate; it is not yet subject to objection. The motion is to proceed to the consideration of the bill.
Mr. HEN DRICIXS. When the objection is available I shall but it in.
The PRESIDENT protempore. The question is on the motion of the Senfrom Ohio, which is that the Senate postpone the Present and all prior orders and proceed too consideration of the bill named by the Senfrom Ohio.
Mr. GRIMES. I desire simply to say that everybody knows that I feel a deep interest in the bill that comes up at one o'clock; it is the regular order, and under ordinary circumstances I should vote against this motion in order to. on with the consideration of that bill; but regard the bill now attempted to be taken up by the Senfrom Ohio as of such momentous importance, such national consequence, that although I am aware that it will displace that bill I shall be compelled to vote for the Senator's motion. The question being taken by yeas&nays, resulted yeas 23, nays 19;–10. So the motion was agreed t;o and the bill (H.R.No. 1162) for the reestablishment of civil government in the State of Louisiana was read the 1st time by its title.
Mr. HENDRICKS. I object to the further consideration of the bill today.
The PRESIDENT protempore. being made, the bill lies over. REPORTS OF COMMITTEES.
Mr. HOWARD, from the ComMilAffrs , to whom was referred the following bill and JtResolution, reported them severally without amendment: A bill (S.No.495) authorizing the payment of the rewards offered by the POTUS and the officers of the War Dept in April and May, 1865, for the capture of JeffersonDavis. A JtResolution (H.R.No. 271) authorizing the SecyWar to adjust and settle the claim of D. Randolph Martin, assignee of the Washington, Alexandria, and Georgetown Railroad Company.
Mr. POLAND, from the ComJudiciary, to whom was referred the bill (S.No.563) supplementary to the several acts of Congress, abolishing imprisonment for debt, reported it with an amendment. e also, from the same committee, to whom was referred the bill (S.No.561) to provide for the appointment of a marshal for the DistCol and to change the mode of appointing that officer, asked to be discharged from its further consideration, and that it be referred to the ComDistCol.
Mr. MORRILL. I hope that bill will not be referred to the ComDistCol. The U.S. marshal here is not an officer of the District; he is an officer of the U.S. The subject matter of the bill I think properly belongs to the ComJudiciary.
Mr. POLAND. We understood that there was a bill before the District Committee involving the same subject. This bill proposes to change the mode of appointment of the mar shal and give it to the court of this District. The ComJudiciary thought it more appropriate that such a matter should be considered by the District Committee. The report was agreed to.
Mr. POLAND, from the ComJudiciary, to whom were referred a bill (S.No.559) in relation to guardians of mine rs in the DistCol, their appointment, pow ers, and duties, and a bill (S. K. 560) to create the office of surrogate of the DistCol, provide for the appointment of a surrogate, and define his powers and duties, asked to be discharged from their further consideration, and that they be referred to the ComDistCol; which was agreed to.
Mr. POLAND, from the ComJudiciary, to whom was referred the bill (H.R.No. 603) to protect the rights of action of loyal citizens, reported adversely thereon.
Mr. LANE, from the ComPensions, to whom were referred the following bills and JtResolution, reported them severally without amendment. A bill (H.R.No. 1125) granting an additional pension to Samuel Downing, one of the last surviving soldiers of the revolutionary war. A bill (H.R.No. 1146) for the relief of Mrs. Elizabeth Fletcher; and A JtResolution (S.No.171) for the relief of Martha McCook. He also, from the same committee, to whom were referred the following petitions, submitted adverse reports, which were ordered to be printed: the petition of Elizabeth J. Manning, widow of Captain oW. Manning, late of the 6 1st regiment Illinois volunteers; the etition of Levi C. Masson; the petition of ary G. Harris, widow of the late Colonel John Harris, of the Marine corps; and the petition of Mary Loup, widow of Constance Loup.
Mr. BROWN, from the ComMilAffrs , to whom was referred the bill (S.No.598) for the relief of Elias Beale, late captain of.H, 8th regiment Tennessee volunteerinfantry, reported it without amendment.
Mr. TRUMBULL, from the ComJudiciary, to whom was referred a petition of jurors serving in the U.S. courts for the eastern district of Michigan, praying for an increase of compensation to jurors serving in the U.S. courts, asked to be discharged from its further consideration; which was agreed to. He also, from the same committee, to whom was referred the bill (S.No.430) to regulate the civil service of the ti U.S and promote the efficiency thereof, reported adversely thereon, and moved its indefinite postpone ment; which was agreed to.
Mr. VANWINKLE, from the ComFinance, to whom was referred the memo. rial of William H. Harmon, praying to be relieved from the payment of certain taxes, reported a bill (S.No.598) for the retief of William H. Harmon; which was read and passed to a 2nd reading.
Mr. WILLIAMS, from the ComClaims, to whom was referred the petition of Jane Newall, praying compensation for the loss of a steamboat, reported adversely thereon.
Mr. MORRILL, from the ComDistCol, to whom was referred the bill (S.No.589) to amend an act entitled “An act to incorporate the National Theolog ical Institute, ” and to define and extend the powers of the same, reported it with an amend Inent. He also, from the same committee, to whom was referred a bill (S.No.570) extending the time for the completion of certain street rail ways, reported it with amendments. He also, from the same committee, to whom were referred the following bills, reported them severally without amendment: A bill (S.No.569) to authorize the formation of corporations for manufacturing, mining, mechanical, or chemical purposes in the DistCol; A bill (H.R.No. 253) to punish for the removal of dead bodies from the grave or other place of interment in the DistCol; A bill (H.R.No. 356) fixing the compensation for the bailiffs and the criers of the courts of the DistCol; and A bill (H.R.No. 431) for the punishment of certain crimes therein named in the DistCol.
Mr. ERELINGHUYSEN, from the ComJudiciary, to whom was referred the petition of Logan Hunton, of Missouri, praying extra compensation for services in connection with the prosecution of certain violations of the neutrality laws, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. HENDRICKS, from the ComJudiciary, to whom were referred sundry memorials of the citizens of Little Rock, Arkansas, remonstrating against any legislation to remedy any defect in tax sales at that place in May, 1865, for non-payment of the U.S. direct tax, asked to be discharged from its further consideration; which was agreed to.
Mr. HOWARD, from the ComMilAffrs , to whom was referred the JtResolution (H.R.No. 268) to pay Lieutenant John H. Hamlin for military services, reported it with amendments.
Mr. ANTHONY, from the ComPrintg, to whom was referred the bill (H.R.No. 1099) providing for the election of a Congressional Printer, reported it with amendments, and gave notice that he would call it up tomorrow. Cox PENSATION TO VERMONT SENATORS.
Mr. WILLIAMS. The Committee to Audit and Control the Contingent Expenses of the Senate have instructed me to report back, with an amendment, a resolution providing for the payment to Senator Collamer's widow of the amount of compensation due him at the time of his death; and I ask for the Present consideration of the resolution. By unanimous consent, the Senate proceeded to consider the following resolution:. Resolved, That the SecySenatebe, and he is hereby, directed to pay out of the contingent fund of the Senate to Mrs. Mary N. Collamer, widow of Hon. Jacob Collamer, deceased, late a Senfrom the State of Vermont, the amount of compensationdue the deceased at the time of his death, according to the act of compensation the last sessionincreasingthe of incumbersof Congress. The amendment of the committee was to strike out the words “contingent fund of the Senate, ” and in lieu thereof to insert “fund for compensation and mileage.”
Mr. FESSENDEN. I of course have no objection to Mrs. Collamer receiving every thing she is entitled to receive; but I rise to inquire whether or not the late
Mr. Collamer was at any time a member of the Present Congress? If so, I think his widow would be entitled to receive the increased compensation given to members of the Present Congress up to the time of his death.
Mr. CRESWELL. He was here at the called session.
Mr. POLAND. He was a member of the W. Congress, and died in November, 1865. We consider the Present Congress as commen cing on the 4th of March, 1865.
Mr. WILLIAMS. I will simply say that I referred to the pay clerk of the Senate, who made the computation from the time that the law went into effect up to the time that
Mr. FESSENDEN. The law took effect from the beginning of the Congress, and he was a member of the Congress 2
Mr. FESSENDEN. That was all I wished to be certain of. The resolution, as amended, was agreed to.
Mr. WILLIAMS. The Committee to Audit and Control the Contingent Expenses of the senate, to whom was referred a similar resolution in favor of Mrs. Foot, have directed me to report it back with an amendment, and I ask for its Present consideration. By unanimous consent, the Senate proceeded to consider the following resolution: Resolved. That the SecySenate be, and is hereby, directed to pay out of the contingent fund of the Senate to Mrs. Mary Foot, widow of Ilon. Solomon Foot, deceased, late a Senfrom the State of Vermont, the amount due the deceasedat the time of his death for compensation, according to the actof the lastsessionincreasing the compensation of membersof Congress. The amendment of the committee was to strike out “contingent fund of the Senate “ and insert “fund for compensation, and mileage.”
Mr. SHERMAN. I am in favor of the resolution; but it occurs to me that the Senate have no right to order money to be paid out of the fund designated. I think that can only be done by an act of Congress. We have centrol over our contingent fund, and I think the ordinary form of resolutions of this kind is to direct the payment of the money out of the contingent fund. I merely make this suggestion to the Senfrom Oregon in order that he may consider the point.
Mr. WILLIAMS. I am not particularly advised upon the subject. I referred to the o clerk of the Senate about this matter, and e advised me that the amendment of the resolution ought to be made so as to pay the money out of the compensation and mileage fund, and not out of the contingent fund.
Mr. SHERMAN. We have several times made the point on the HoRep that they had no right to pay their employees extra compensation without the consent of the Senate. They attempted to do it, and the Senate refused to allow it. I submit the point as a question of law; neither House can direct money to be paid out of the Treasury except in pursuance of law.
Mr. WILLIAMS. I am not quite clear that the suggestion made by the Senfrom Ohio is correct. The law appropriates a certain amount of money for the compensation and mileage of Senators, and it seems to me it is ji.for the Senate to say how that money shall be distributed among Senators. The resolution does not add anything to the appropriation, but simply directs how the money shall be paid out of the appropriation which has been already paid.
Mr. WILLIAMS. If there be any question about iIt will let the resolution lie over until tomorrow; and in the mean time look at the question.
The PRESIDENT protempore.lution will lie over.
Mr. WILLIAMS subsequently said: I move now to proceed to the consideration of the resolution in regard to Mrs. Foot. Senators are satisfied that the resolution is in proper form. It simply designates the person who shall receive a certain amount of money due out of the compensation and mileage fund already appropriated. The resolution was passed. LARCENY OF GOVERNMENT PROPERTY.
Mr. HENDRICKS. I move to take up for consideration House bill No. 604. It is one of general importance, but will not take a minute. I have postponed calling it up for some time at the request of one of the members of the ComJudiciary of the House; but it is desirable to have the bill disposed of now. The motion was agreed to; and the bill (H.R.No. 604) to define and punish certain crimes therein named was considered as in ComWhole. The ComJudiciary proposed to amend the bill by striking out all after the enacting clause and inserting as a substitute: That if any person shall rob another, lawfully in the custody thereof. of any kind or description of personal property belonging to the U.S., or shall feloniously take and carry away the same, the '. so offending shall, on conviction, be punished by fine not exceeding$5,000, or by imprisonment at hard labor not lessthan onenor more than ten years, or by both, at the discretion of the court.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amend ed, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill be read a 3rd time. The bill was read the 3rd time, and passed. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.599) relinquishing the claim of the U.S. to certain real estate in Washington city of which Caroline Hill died seized; which was read twice by its title, and referred to the ComDistCol.
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.600) granting lands to aid in the construction of a railroad and telegraph line from the city of Lawrence, in the State of Kansas, to the boundary line between the U.S and Mexico, in the direction of the city of Guaymas, on the Gulf of California; which was read twice by its title, and referred to the ComPacificRR. BiLL RECOMMITTED. On motion of Mr. WADE, the bill (S.No.501) amendatory of an act to provide a tem porary government for the Territory of Mon: tana, approved May 26, 1864, was recommitted to the 8.on Territories. RECONSIDERATION OF A WOTE.
Mr. WILSON. I desire to enter a mtRtv the bill (H.R.No. 811) for the relief of certain drafted men was indefinitely postponed.
The PRESIDENT protempore. The motion will be entered. SURVEY OF UPPER MISSISSIPPI. lutMiorn.;RAMSEY submitted the following resowhich was referred to the ComPrintg: Resolved.That 5,000 copies of the report of Major General G. K. Warren of the survey of the Mississippi river, be printed for the use of the enatc. I am not very clear The reso CONSULAR FEES, ETC.
Mr. FOGG submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved, Tlxat the SecyTreasury bere quested to communicate to the Senate the several amounts of moneyreported as received for fees by the several American consuls general, consuls, consular and commercial agents, and all other agents of the Treasury Deptin Europe during each of the 4 years preceding June 30, 1866;also the several amounts of money for salaries, compensation, taanind esxupeehnosfefiscoefresvaenrdydaegsecnrtisptdiounri required fotuorm years above named. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a message of the POTUS, transmitting, in response to a resolution of February 6, copies of correspondence on the subject of grants to American citizens for railroad and telegraph lines across the territory of the republic of Mexico; which was ordered to be printed, and lie on the table. PAINTING FOIt SENATE CHAMBER.
Mr. STEWART. I beg leave to offer the following resolution, and to ask for its Present consideration: Resolved, That the ComLibrary be instructed to inquire into the expediency ofing contract with Frank Buckser for 2 or more paintings for the panels of the Senate Chamber.
The PRESIDENT protempore. Objection being made to the consideration of the resolution, it must lie over under the rules. CLAIMS OF LOYAL TENNESSEEANS.
Mr. PATTERSON submitted the following resolution; which was considered by unanimous consent, and agreed to Resolved, That the SecyWar be directed to report totary the Senateby whose authority themili commissionwas established in Nashville, Tennessee, during the war, for the adjudication of claims of loyal citizens of Tennessee for o: taken for the use of the Army, togetherwith the names of the commissionersand claimants, and the amount of several claims adjudicated.
Skip Skip the ENROLLED bills SIGNed. A message from the HoRep, by Mr. McPERson, its Clerk, announced that the Speaker of the House had signed the enrolled bill (H.R.No. 840) for the relief of the sureties of James T. Pollock, late receiver at Crawfordsville, Indiana, and the enrolled bill (H.R.No. 843) for the relief of Rufus C. Spalding, paymaster in the U.S. Navy; and they were signed by the President protem pore. CUSTOM'SLAWS.
Mr. CRESWELL. I move to take up House JtResolution No. 251.
Mr. GRIMES. I call for the regular order of business.
Mr. CRESWELL. This resolution is a more formal matter, which will not take a minute.
Mr. GRIMES. I desire to know what in the opinion of the Chair is the regular order of business at one o'clock.
The PRESIDENT protempore. That is not a matter of opinion, because the rules specify that the unfinished business of the preceding day shall be the business in order at the exiration of the morning hour. Sometimes, owever, when at that time business is Pressing, resolutions and other matters of that.the Chair neglects to call up the special order precisely at the moment. The Chair has been derelict upon this occasion, inasmuch as now it is a few minutes past one o'clock. The unfinished business of yesterday is now regularly in order, being House bill No. 452.
Mr. CRESWELL. I hope the Senfrom Iowa and the Senate will consent to have the JtResolution to which I have called attention disposed of. It will not take a minute I am sure. It is only to extend a commission which is about to expire.
Mr. GRIMES. I shall not object, with the understanding that it shall not displace the special order.
The PRESIDENT protempore. If there be no objection, the Chair will entertain the motion of the Senfrom Maryland, laying aside the special order informally for that purpose. The motion was agreed t;o and the JtResolution (IP. R. No. 251) to extend the time for codifying the laws relating to customs, authorized by the joint, resolution approved July 26, 1866, was considered as in ComWhole. It proposed to continue in force the provisions of the JtResolution to provide for codifying the laws relating to customs, approved July 26, 1866, for a period of 3 months after the expiration of the Present session of Congress. The ComCommerce proposed to amend the resolution by striking out in lines 6 and 7 the words “for a period of 3 months after the expiration of the Present session of Congress” and in lieu of them to insert “until the 1st day of January, 1868.”
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the JtResolution read a 3rd time. The JtResolution was read the 3rd time, and passed. LEAGUE ISLAND.
The PRESIDING OFFICER, (Mr. HARRIs in the chair.) The special order is now before the Senate as in ComWhole, being the bill (H.R.No. 452) to authorize the SecyNavy to accept League Island, in the Delaware river, for naval purposes, and to dispense with and dispose of the site of the existing yard at Philadelphia. The Senfrom Connecticut [Mr. Fosteft] is entitled to the floor.
Mr. FESSENDEN. Is not that the amendment?
Mr. GRIMES. No, sir, in the original bill. If gentlemen are not disposed to intrust this power to the POTUS to select these naval officers I am perfectly content that competent men qualified to act in such a capacity as this shall be designated in the bill. I do not want to throw away the money of my constituents in a maelstrom where a vast amount of money will be expended without any good being accomplished by it. I do not want to break up the Present nayy yard in Philadelphia, I believe that the public interests require that that navy yard shall be extended. If a board of naval officers, to be appointed by us or by the President, shall report to us that League Island is not the proper place for it, but that it had better be enlarged where it is by the expenditure of a vast amount of money in purchasing up the business P.adjacent to it, I want to do it. But I do not want to send a roving commission all along up and down the country to try and find another navy yard, and make the action of that committee final upon us, and then, when they have made a selection, au. thorize the SecyNavy to put his hand into the Treasury of the U.S and draw out money to an unlimited extent.
Mr. GRIMES. No, sir, not until a board shall have investigated it, and then it does not confer upon the Secretary the power to expend a dollar of money.
Mr. GRIMES. The 1st check we have upon it is, that this board of naval officers must report in favor of it; 2nd, when that report has been made it does not compel us to expend a cent; we shall have simply acquired the property. If we afterward conclude that we ought not to expend any money there, that the public interest will not be subserved by removing the Present yard to this particular site, we have only got to say so and fail to make the PWoo We are committed to oins. We simply acquire the title to the land.
Mr. CATTELL. I am perfectly aware, Mr. President, that the anxiety of the Senate to dispose of this question will scarcely admit of their listening with any degree of patience to a further discussion of the subject; and in fact the very able manner in which the case has been Presented by the Gentfrom Indiana, [Mr. HENDR1cks,) who has charge of this bill, and the explicit statements of the Gentfrom Iowa, [Mr. GRIMEs, chairman of the ComNavAffrs, render it hardly necessary that I should occupy the time of the Senate to any very great extent. But, sir, of all the questions that have been Presented to the Senate, this is the one with which I think I am most familiar. I have known this locality, League Island, from my boyhood up. I have been upon it many times. I am familiar with all the facts relating to the examinations which have taken place as to its adaptability as a location for a naval station; and I am prepared to stand here in my place as a Senator of the U.S and to assert that in my opinion the declaration which has been made by the Asst SecyNavy, that the map of the world does not Present so desirable a location for the establishment of a naval station, especially in reference to iron clads as League Island, is true. Mr. President, it is not a little remarkable that the only opposition that, has been made against the establishment of this naval station, against the removal, as proposed by this bill, of the Philadelphia navy yard from its Present cramped position nearly in the heart of the city of Philadelphia, surrounded on all sides by buildings, endangered by fire, and totally inadequate to the wants of the naval service, to League Island, and against the acceptance as a free gift of this magnificent situation for a naval station, has come to us from the State of Connecticut. I have never heard of a remonstrance, I have never listened to an argu ment, I have never read a pamphlet on the subject that has not proceeded from this source.
Mr. FOSTER. If the honorable Senator will allow me, I can point him to various other sources. The NewYork Chamber of Commerce sent resolutions here I did not take the trouble to read them, but resolutions of a very decided and pointed character. The merchants of NewYork sent a memorial here, a memorial planned I believe by Captain Nye, Captain Mar shall, and several other gentlemen of the very highest reputation as shipmasters and commercial men of the city of NewYork and signed by a very large portion of the merchants and ship owners of the city of NewYork. I think I could name many others to the gentleman.
Mr. CATTELL. I will inquire of the gentleman if those papers were sent to this session of Congress or not? I have not heard of them. Probably they were sent here at the last session.
Mr. FOSTER. They were not sent here at this session. The Senator undoubtedly has not heard of them; but I should consider it a very unsafe rule to assert that a thing never occurred because I did not hear of it.
Mr. CATTELL. I simply said so far as my own knowledge was concerned.
Mr. FOSTER. I understood the Senator to say that the opposition came solely from Connecticut.
Mr. CATTELL. So far as this session of Congress is concerned, speaking of the Senate, have heard no remonstrance Presented. None has been read in my hearing I am sure, or it would not have escaped my attention; and therefore I stated what I believed to be the fact so far as I was advised.
Mr. FOSTER. There has been none from Connecticut at this session; not one.
Mr. CATTELL. I will inquire of the gentleman whether the pamphlet which has been laid upon the desk of each Senator, entitled “Memorial of John R. Bolles and others remonstrating against the acceptance of League Island as a naval station, ” is not a pamphlet from Connecticut, and whether the gentleman whose names are attached to it are not residents of Connecticut?
Mr. GRIMES. I am tolerably familiar with this subject, and I assert that the statement of the Senfrom NewJersey is substantially correct; that all the opposition that has been made to the acceptance of League Island has come from Connecticut not directly, but through the instrumentality of gentlemen doing business in NewYork, but residing in Connecticut, many of whom are known to me.
Mr. CATTELL. Now, Mr. President, while I am on this subject, having alluded to the paper which has been laid on my desk, and I Presume on the desk of every Senator, signed y John R. Bolles, Robert. McCurdy, will liam A. Haines, Thomas W. Williams, B. B. Thurston, W. H. W. Campbell, and George B. Lincoln, I desire to say that it contains some statements which are manifestly incorrect. I propose to call the attention of the Senate to a single one, and not to detain them by a detailed examination of the memorial. If I can show to Senators that there is one entire misrepresentation on this subject, it will enable them to judge of the value of the communication. On oll.ow1in1go: f.this pamphlet will be found the “By the proposition to removethe Present navy yard from Philadelphia to League Island is meant the establishmentthere of the great iron clad navy yard of the country. So all the recommendationsof the SecyNavy, the legislation of Congress on thesubject, and all the reports clearly show that that locality is entirely unfitted for the purpose.” Here is a declaration in this pamphlet that all the recommendations of the SecyNavy show that this locality is entirely unfitted for the purpose, when the fact is that in 4 successive annual reports the SecyNavy has urgently Presented this subject to Congress, and, in the language of the Gentfrom Connecticut himself, has “pertina ciously” insisted that League Island should be accepted as the proper place for a naval station for iron clads.
Mr. FOSTER. If the honorable Senator will pardon me, I wish to state that the para graph which he has read was pointed out to me by the proof reader. It is a mistake in the unctuation and printing. it should be pointed, and will correct the mistake. As it stands it is a mistake, as the honorable Senator suggests. It should read thus: “So all the recommendationsof the Secretary of jtehcet, Navy, the legislation of Congress on the suband all the reportsclearly show.” There there should be a full stop. word should begin with a capital: purpose tehabte, lileovcea, liatymoisngeontthireerlsy, fuonrftithteedfolfloorwitnhge reasons.” I will read it as The next That should be the punctuation without adding a word or putting a word in. It is simply a mistake of the proof reader, or of the printer and not corrected by the proof reader. t was pointed out to me, and I should have corrected it before if I had supposed any senator did not see it.