Mr. KIRKWOOD submitted the following report: The committee of conference onthe disagreeing votesof the 2 Houseson the bill (H.R.No. 85)for the disposalof the public lands for homestepdaotual settlement in the States of Alabama, Mississippl. Louisiana, Arkansas, and Florida. having met, have, alter full and freeconference, agreedto recommend and do recommend, to the respectiveHousesas follows:. I. That the Senate recodefrom the 1st amendment of the Senatsmtnkgnz put on page 1 all after the words “64" in line 8 to the word "and" in line 12, and that the words restored be amendedby inserting on page thus 1, has 8, after the word "that" the words “until the expiration of 2 years from and alter the passage ot‘this act." 2. That the Senaterccedofrom the 2ndamendment of the Senate. 3. That the House agree to the 3rd amendment of the Senatewith an amendment, as follows: that at the end of the 2nd section of the bill, asthe same passed the Senate shall be added the following proviso :"Prom'.ThatuntilthelstdayofJanuary. 867, any person applying for the benefitof this act shall, in addition to the oath horombeforerequired. also make oath that he has not borne arms against the U.S or given aid and comfort to its enemies." S. KIRKWOOD, HENRY WILSON GARRETT DAVIS. Manager:on the par! of the Senate. GEORGE W. JULIAN, JOHN H. RICE. S. E. ANCONA. Hammerson the part of the home.
Mr. STEWART. I should like to have the bill read, in order to understand the report.
Mr. KIRKWOOD. Ican explain, in a very few minutes, what the report of the committee of conference is. It will be remembered by the Senfrom Nevada that the bill, as it was passed by the HoRep, lim ited the homestead in the States named to80 acres. When the bill was under consideration in the Senate that provision was changed so as to extend the homestead to 160 acres. That was one of the oints of disagreement between the 2 Houses. he committee of conference have agreed to permit the restriction of 80 acres to remain for a period of 2 years from the passage of the act, and then we go back to the 160 acre system. The Senator will remember that the Senate also made a small amendment in regard to timber lands, from which we now agree to recede. The Senate added another section, the effect of which was to repeal the requirements of the act of 1862, which required persons appling for the benefit of the homestead law to make oath that they had not borne arms against the U.S. To that, also, the house disagreed. The committee of conference have ad'usted that disagreement by providing that uuti the let of January next the oath shall be taken, but that after the lst of January next that requirement shall cease. The reason that controlled the committee in doing this, I will briefl state. It is intended by some who supported this bill to allow the freedmcu in those States to have the benefit of the homestead law. It is known that much the larger portion of them now have contracted for their labor during the current year, and those contracts will expire on the 1st day ofJaunary next'; and then, and not till then, will they be prepared to avail themselves of the benefits of the law. It was intended, therefore, to continue the requirement that persons should make oath that they had not orne arms against the Government of the U.S. until the time when the freedmen will be in a position to avail themselves of the benefit of tiis law. On that basis the committee of conference agreed.
Mr. STEWART. Then I understand the Senator to say that the section reported by the ComPubLands and adopted by the Seuate, repealing the requirement requiring the taking of that oath in making entries of public lands generally, stands after the 1st of anuary next.
Mr. VANWINKLE. Irespectfully ask that that resolution may have present consideration. It was reported in the HoRep yesterda morning and passed there unan imously, and Ihave brought it to the notice of the ComFinance, who are willing that I shall take this course. It proposes sim fly to enable the QuarterMGen an the Commissary General of Subsistence to come to the conclusion that these counties are part of the State of WestVirginia. The law that it is intended to correct, so far as these counties are concerned, now reads, “ that all claims of loyal citizens in the States not in rebellion for quartermaster’s stores, ” &c., and because these 2 counties were formerly a part of the State of Virginia theyiusist upon treating them as parts of n State in rebellion. The law which it is intended to give these counties the benefit of on] proposes to allow these officers to pay for o cial recei ts given for property taken or purchased for teuse of the Government. I would be very much pleased if the resolution could have present consideration. I am aware that there is a bill pending in the Senate which proposes to extend the same favor to all the States, the States that have been in rebellion as well asthose that have not; but whether these counties would specifically come in under that or notI cannot say. At any rate, at this stage of the session I am not sure that that bill will pass. I am not sure that it would pass even if it were to come up today. This resolution is simpl to relieve these 2 counties so as to enable t cse officers to give what the Senate will certainly agree is a fair construction to the law of 1864, that they are counties in a loyal State. I would be pleased if the Senate would permit the consideration of the resolution at is time.
The PltESlDENTprotom era. It requires unanimous consent to consider the resolution today.
Mr. DAVIS. If that subject is likely to occupy any time I shall be compelled to object.
Mr. VANWINKLE. It will take but a moment. If it should occupy any time I will let it go over. There bein no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution, which proposes to extend the provisions of the act of Congress of July 4, 1864, to “restrict the jnrisdiction of the Court ofClaims, ” &c., to the counties of Berke ley and Jefferson, in the State of WestVirginia. The JtResolution was reported to the senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. RIVER AND HARBOR BILL. The Senate proceeded to consider its amendments to the bill (H.R.No. 492) making appropriations for the repair, preservation, and completion of certain public works heretofore commenced under the authority of law, and for other purposes, disagreed to by the HoRep.
Mr. CHANDLER. I move that the Senate concur in the amendment.
Mr. HOWARD. I move an amendment to the amendment of the House, in the 2nd proviso to the 1st section, after the words of the State of Michigan may” to insert “ if in session, and if not then.” The object of the amendment is to give the Legislature of Michigan, in case this company fails to comply With the condition stated in the amendment, the right to transfer the lands granted to some other company in order to insure the early construction of the road. It is very clearly for the public benefit. Our Legislature does not meet except once in 2 years, and if the amendment siould pass in its present form our Legislature cannot act on the question until 2 cars after next January.
Mr. T UMBULL. This is another case precisely like the one which came the other of; from the HoRep.
Mr. TRUMBULL. Is that bill printed yet? Mr. HOWARD. It was ordered to be printed.
Mr. TRUMBULL. I understand this bill comes from the House now. Is it. from the committee? I want to understand, if it is the same bill, how we get it twice over.
Mr. POMEROY. A bill passed the Senate and was sent to the House of) Representatives. This is a substitute for the bill that we passed. As an amendment to our bill, the House passed this substitute and sent it back. Now the Senfrom Michigan proposes to amend the substititute, as I understand, and send it back again to the House.
Mr. TRUMBULL. I should like to know what the bill was we had the other day.
Mr. CHANDLER. This is the identical one.
Mr. TRUMBULL. I do not see how it gets here a 2nd time.
Mr. CHANDLER. It has laid on the table since.
Mr. POMEROY. I understand this to be a substitute.
Mr. TRUMBULL. It is manifest that we do not know what we are legislating about, and I object to this mode of domg business. I do not know but that this may be all perfectly correct; but here comes from the HoRep an entire substitute for a bill which the Senate has passed without anybody in the Senate knowing what the substitute is, and without its having gone to an committee whatever; and the Senfrom ichi nproposes to amend that substitute, and as s as to pass it. I object to that mode of doing business, and I move that this bill be referred to the proper committee, the ComPubLands, that they m'u examine it and report upon it, so that we sha l have something upon which to base our action.
Mr. HOWARD. I hose the reference will not be made. This bill has undergone a very thorough examination in the HoRep, and the entire Michigan delegation is united upon the amendment.
The PRESIDENT ro tempore. The Chair will suggest to the ‘enator that it is not in order to refer to the proceedings of the other House.
Mr. HENDRICKS. Before voting on the proposition to refer this bill with the amendment, I should like the Senfrom Michigan to explain in what respect the HoRep has modific the bill as it was passed by the Senate. I will state to the Senate that this was the subject of a good deal of centre versy before the ComPubLands. There are rival or disagreeing interests in the State of Michigan in regard to this road; and I should like to know what the amendment is. Perhaps it is not necessary to refer it to the committee if there is no material change.
Mr. TRUMBULL. It is an entire substitute.
Mr. HOWARD. This amendment was ordered to be printed the day before yesterday, but it has not yet been printed, or at least not distributed amen the members of the Senate. I suggest that it ie laid aside for the present until it is printed and distributed among us, so that we know more accurately what it is.
The PRESIDENT protem are. The coding motion is to refer the bil and amendment to the ComPubLands; and the motion to lay the bill aside will not take precedence of that motion.
Mr. TRUMBULL. I do not desire to press the motion to refer if it can be understood that we are to have an opportiinit to know what the measure is. I think it ha better be referred; but if the Senfrom Michigan objects to that, I have no objection to his motion to lay it aside and have it printed. I with drawm motion.
Mr. HENDRICKS. I will stateto the Senfrom Illinois that this is a bill extending the time within which to complete this road. There is no objection to the general purpose of the bill. it is a proposition that all Senators will vote for. The only question is one of detail to adjust soufe conflicting interests in the districts in Michigan.
Mr. HOWARD. That is all there is about it.
Mr. HENDRICKS. There is no grant of an s.
Mr. HENDRICKS. But because of the difficulties in constriictin railroads for a few years past this bill extends the time for some years. It is veryimportant that this billshould not be defeated. It ought to pass in some form, because the companies are now read as I understand to go on and build the res. It is a very important road, connecting Saginaw with the capital of the State, and thence extending up in a northern direction. If the bill made a grant of land it would be a different question; iit it is really a question of local interest to the people in that portion of the country.
Mr. COWA. I have certainly no objection to the bill; my objection to this course of proceeding is that I know nothing of the bill. It is utterly impossible to keep up with the business by a personal examination of everything. I follow the committees, as a general rule, on trust. When they examine and report a bill the presumption is that it is free from defect. If this bill is simply to be printed and distrib uted around among us, containing new matter which has not been heretofore submitted to any committee, I think that course is improper, and I think the' Senfrom Illinois should have insisted upon his motion to refer it, and let the committee report.
Mr. HOWARD. Under the circumstances I will withdraw the amendment which I proosed, by the consent of the Senate, and suffer ihe bill to pass.
Mr. TRUMBULL. I shall not consent to pass it for one. certainly, if that is the object.
The PRESIDENT protempore. The motion to amend the amendment being withdrawn, the question recurs on concurring in the amendment of the HoRep.
Mr. TRUMBULL. I renew my motion to refer it to the ComPubLands. Now, I desire to say a word in reply to the Senfrom Indiana. The Senfrom Indiana tells us that the bill ought to pass, and that it is a matter about which there should be no controversy.
Mr. HENDRICKS. I do not say that this substitute from the House ought to pass, for I have not read it.
Mr. TRUMBULL. The Senator has not read the substitute, and the HoRep thought it so iin ortant that they would not agree to our bill, at they sent us a new bill, an entire substitute for it; and now we are asked to pass it without anybody here having seen it or having read it. I protest against this mode of doing business, and I move that the bill and amendment be referred to the ComPubLands, and I hope the Senate will take that course. The motion to refer was agreed to. Fuennups’s BUREAU.
Mr. WILSON. I move to take up, for the purpose of fixin a day for its consrderation, the bill (H.R.No. 613) to continue in force and amend an act to establish a bureau for “ the relief of Freedmen and Refugees, and, for other purposes. It is important to act upon this measure and I hope the Senate will in du e me in this request. The motion to take up the bill was agreed to.
Mr. WILSON. I now move that the consideration of this bill be postponed until Tues day next, and be made the special order for that day, at one o’clock.
Mr. SHERMAN. I have no objection to that motion if it is understood that I shall be at liberty on that day to call up the Army approriation bill. It has been understood that that day would be devoted to finishing the Army appropriation bill and getting it out of the way.
Mr. WILSON. I think we can arrange that matter.
Mr. SHERMAN. Very well; then I have no objection to the motion. The motion was agreed to by a 2/3rd s vote. union ‘PACIFIC RAILROAD.
Mr. HOWARD. I move to take up Senate bill No. 317, to amend the Pacific railroad act. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.317) to amend an act entitled “An act to amend an act entitled ‘An act toaid in the construction of a railroad and telegraph 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 purposes, approve July 1, 1862, ” approved uly 2, 1864. t proposes to authorize the Union Pacific Railway Company, eastern division, (now constructing a.road from the Missouri river so as to unite with the Union Pacific railroad at the 100th meridian of west longitude, or at such point Westwardly as may be deemed best upon actual survey,) to designate the general route of their road, and to file a map thereof, as now required by law, at an time before the 1st day of October, 1866; an upon the filing of the map, showing the general route of the road, the lands along the entire line thereof, so far as the same may be designated, are to be reserved from sale by order of the SecyInterior. The ComPacificRR had reported the bill with several amendments, the 1st of which was to strike out the following words, after the word “division” in line 3: Now constructing a road from the Missouri river so asto unite with the Union Pacific railroad at the 100 thmeridianof westlon itude or atsuoh pointwostwardlyasmay be deemed estuponactual survey by the said company.
Skip Skip The amendment was agreed to. The next amendment was in line ten to strike out “ October” and insert “December.”
Skip Skip The amendment was agreed to. The next amendment was to insert the followmg pronso, after the word “Interior, ” in has 15: Provided, That said company shall be entitled to only the same amount of the pads of the U.S.to aid in the construction of theiriine of rail it‘oca dand telegraphas the would have beenentitled if they had conncote their said line With the Union Pacific railroad on the 100th degree of blunt tide.as pow requiredby law: Amt rorided I I. That said companyshall connect t cirline [railroad and telegraph with the Union Pacific mlfolldf but ugt Iardly at a point more than 50 ileewost romt c meridian of Denver. in Colorado.
The Clerk read The next amendment was to insert the followmg as additional section: Bro. 2.4 Abife: That the Union Pacific Railroad Company with the consentand apProValof the secyInterior Without reference to the 100th meridian of longitude.are hereby authorisedto continue their road westward, MCOHIAHItRothe besta most practicable route. in n continuous apdunbro enline until they shall meet and connect With the Central Pacific railroad; and the Central Pacific Railroad Company are hereby authorized bteost continue their road eastward.accord and most practicable route, in a continuous and unbroken line until they shall meet and connectWith the Union Pacific railroad: P i That the words "continuous and unbroken line’ shall not be held to include necessary bridges and tunnels on the routu 'of said roads.
Mr. KIRKWOOD. I do not know that I understand this precisely. There isa confusion of terms to my mind, in the names of these roads. It looks to me as if this section would have the effect of legalizing the buildiu" of 2 railroads entirely across the countrv. The section 1st speaks of “the Union Pacific Railroad company.” What company is that?
Mr. H WARD. The route of the Union Pacific Railroad Company commences on the 100th meridian oflongitude and goes westwardly until it shall unite With the California Central Pacific Railroad Company on the eastern boundary of California, or "at some point east of that boundary. That is what we call the main stem.
Mr. KIRKWOOD. Then I see a provision in regard to “the Union Pacific Railroad Compan, eastern division.” What is that?
Mr. HOWARD. That is known as the Kansas branch. It is Operating under a charter granted b the State of Kansas, and to that companyt ie Government has granted land and subsidy to enable them to construct the road.
Mr. KIRKWOOD. I should beglad to have this section explained: “that the Union Pacific Railroad ompany, with the consent and approval of the SecyInterior, without reference to‘the 100th meridian of longitude, are hereby authorized to continue their road westward accordin to the best and most practicable route” “anti they shall meet and connect with the Central Pacific railroad. " And the Central Pacific Railroad Company are authorized to come eastward to connect with the Union Pacific Railroad Compfiiny. Are they not already authorized to do t at?
Mr. HOWARD. I will state to the Senfrom Iowa what the law is on that subject. By the act of 1864, amending the Pacific railroad charter of 1862, it was provided: “that should the Central Pacific Railroad Company of california” that is, the company chartered by California with rights and privileges to enable it to construct a railroad in that State to the eastern boundary of California “ complete their line to the eastern line of the State of California before the line of the Union Pacific Railroad Company shall have been extended westward so as to meet the line of said 1st named company, said 1st named company may extend their line of road eastward 150 miles on the established route, so as to meet and connect with the line of the Union Pacific road." The Senator will perceive that by this clause of the amendatory act of 1864the ri ‘htis iven to the California Central Pacific Rai road company to extend its line into the Territories of the U.S. to a distance of 150 miles east of the eastern line of the State of California, but not beyond 150 miles; there they will have to stop their road. The object of this provision is to enable the California company to proceed eastwardly with that line of railroad until it shall meet the main stem in its progress west ward, although it may be necessary, perhaps, for the California company to build their road for a distance of more than 150 miles east of the eastern line of the State of California. In short, it is to open a cometition between these 2 companies, the Ilnion Pacific Railroad Company and the california Central Pacific Railroad Company.
Mr. HOWARD. A competition to see which shall build the road the fastest; but. they are required to meet and form one continuous me.
Mr. KIRKWOOD. But the 1st clause of the 'section says that the Union Pacific Railroad Company, with the consent and approval of the SecyInterior, without reference to the 100th meridian of longitude, may continue their road westward according to the best and most practicable route. What does that langua e mean?
Mr. RAM E. They are now required to meet the main line at the 100th meridian. This is to allow them to go to Denver.
Mr. KIRKWODD. Iunderstand that the 100th meridian line is the initial oiiit. That is the eastern terminus.
Mr. HOWARD. If the Senator wishes to strike out that language I have no particular objection. I see, however, that the Senfrom California is now in his seat, and perhaps he had better ive this matter his attention.
Mr. KIRKVOOD. In the latter part of the section, the Central Pacific Railroad Company are authorized to continue their road eastwardly according to the best and most practicable route. That, I suppose, is without reference to the route selected by the Union Pacific Railroad Company, ora proved by the SecyInterior. T icy may go where they please without asking the authority of Congress or the SecyInterior or anybody.
Mr. HOWARD. They are'bouiid by the provisions of the law, of course, and ther are required to meet and connect with the Union line and form a continuous line. There is no un'certainty about it.
Mr. KIRKWOOD. It looks tome very much as if the effect of all this would be to leave the location of this line wholly outside of the control of Congress, the SecyInterior, or anybody else except the companies who may be engaged in building it.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is the House JtResolution (No.52) to provide for the expenses attending the exhibition of the products of the industry of the U.S. at the Exposition at Paris in 1867.
Mr. MURRILL. Is not the DistCol his business the regular order?
Mr. HOWARD. I suggest to my friendfrom Maine that we shall probably get through with this railroad bill in a few minutes, if he will allow us to proceed. I leave it to him entirely.
Mr. MORRILL. That does not seem to be the difficulty.
Mr. POMEROY. I think we might take the vote in a very few minutes.
Mr. MORRILL. I understand the order called up to be the resolution that the Senfrom NewYork has charge of. I dislike extremely to make a motion to lay that resolution aside, butI feel compelled to do so. It will be remembered that yesterday the senate passed a resolution assigning today for the consideration of the business of the DistCol. I know the business of this district has been, I hardly ought to say neglected, but has been accumulating on our hands here for a long time, and I have been seeking an opportunity most vigilantly for its disposition. It was the sense of the Senate yesterday that we should occupy today in that business, and although I am reluctant to antagonize with the unfinished business, I think it my duty on the whole to submit the question to the judgment of the Senate whether I shall go on or the Senfrom NewYork, and for that purpose I submit a motion that the pending question and all prior orders be postponed, and that the Senate rocced to the consideration of the business indicated in the resolution of yesterday.
Mr. HARRIS. I hope the Senfrom Maine will not press that motion. I am persuaded, from what I know from the correspondence that has taken place in reference to this Paris Exhibition, that there is no one measure pending before Congress which is suffering so much from delay as this and upon which it is so important to have speedy action as on this measure. I will say to the Senfrom Maine that if this Jtresolution in relation to the Paris Exhibition should take more than an hour, I will not struggle a inst his brining up his special order; but hope he Wll allow action to be taken now upon this unfinished business.
The PRESIDENT protempore. The question is on the motion of the Senfrom Maine to postpone the present and all prior orders and proceed with the consideration of business reported from the ComDistCol.
Skip Skip The question being put, there were, on a division ayes 8, noes 11; no quorum voting.
Mr. HARRIS, [to Mr. Mommas] You had better withdraw your motion.
Mr. MORRILL. My object was to get the sense of the Senate, which we do not seem to obtain; and with the understanding that the honorable Senator will yield to the District business if his JtResolution gives rise to discussion, I will withdraw my motion.
The PRESIDENT protem are. The Senate cannot proceed at present. '1here is no quorum voting; and no business can be done until a quorum ap ears.
Mr. TRUMBULL. To get out of the difficulty, I suggest a recount. There is a quorum in the Senate. I ask for a 2nd division. The question being again put, the motion of Mr. Momma. was not agreed to; there being, on a division ayes 12, noes 13.
Mr. CONNESS subsequently submitted an amendment intended to be proposed by him to Senate bill No. 317; which was received informally and ordered to be printed. PARIS UNIVERSAL EXHIBITION. The Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 52) to provide for the expenses attending the exhibition of the products of industry of the U.S. at the Exhibition at Paris in 1867, the pendiu question being upon the amendment of Mr. ARRIS, to insert alter line 15 of the amendment reported by the ComForRel the following words: 2nd], to provide additional accommodations in the par. $25,000in coin.
Mr. GRIMES. We were informed yesterday by the Senfrom NewYork that this appropriation was asked to erect a building in aris. The question is fairly and s unrely presented to us, and I want to have he sense of the Senate as to whether we have the power, and if we have the power, whether it is proper, to make such an investment as that increases State in the French empire. I therefore ask for the yeas&nays on the amendment. The yeas&nays were ordered.
Mr. HENDRICKS. Just before the adj ournment of the Senate yesterday evening, I rose to make an inquiry or 2 of the Senfrom NewYork [Mr. HARRIS] who has this resolution in charge. I understood from him, and was surprised to understand, that the rules which‘will govern this Exhibition are such as to exclude all the States acting as States of this Union, and also citizens, from presenting any articles for exhibition as citizens, and that no authority or person of the U.S. can be received except the Government of the U.S. I want to inquire of the Senator who established this regulation; whe therit was upon any consultation with the Governmentof the U.S.; whether in any way we no quiesced in such an arrangement and understanding as that; whether it is an arrangement made by the Government of France, or whether it is an understanding agreed upon among all the European authorities? I We have not been consulted at all, it is rather a singular proceeding; and if we have been consuited and agreed to an arrangement which excludes the States and citizens, and only allows the country to be represented through the action of Congress, I am surpris'ed that we should have come to any such understanding, in view of the fact that the authority of the general Government to appropriate its money for such a purpose is, to say the least of it, very questionable. I should like to know from the Senator, by what authority these regulations which exclude the States of this Union, which are very much more important than man of the States of the German confederacy, w 'ch I understand are provided for in the Fair, have been established.
Mr. STEWART. I understand that the French Government ro ose to lay a tax on any of our articles exibited there which ma. happen to be sold in France after the Exlnbrtion. I think that is rather a mean proceedmg.
Mr. NYE. I am not going to discuss with my collea no the follies or the wickedness of the frenc Government. The time to discuss that question was when we accepted this in vrtation. My colleague voted for it. Having accepted the invitation to the feast, I trust we shall not refuse to put on the garments riate to it. It seems to me that myafrpleprnod from Iowa is growing more and more econom ical every day. After accepting an invitation to this world’s dinner, he now undertakes to prescribe the bill of fare. I insist upon it that that is not right. If we are to go there, as we have agreed to do, let us go there as becomes us. I do not care what mean things the French Government have done or may do. Probably on comparing notes we should not be far apart on that subject; but we have agreed to go there. Now, the question is whether we shall go as becomes our pation to go, or whether we shall go there having but a.simple shanty erected upon the narrow basis on which in friendfrom Iowa seems anxious to have it one. I think that upon a review of his position he will grow more liberal. I hope, sir, that these appropriations Will be passed, and passed in a spirit of earnestness. Let it be rnown that this nation, havin accepted the invitation, robes itself for the east.
Mr. GRILIES. In reply to the Senfrom Nevada, I will state that when we accepted the inVitation to this feast we did not expect that we should be compelled to furnish the roof that was to cover us, or the Viauds that were to rnish the table.
Mr. NYE, If my friend Will allow me, it is a sort of national pic hie, where each one has to carry his own provisions. [Langhter.]
Mr. GRIMES. It seems so. That was not the understanding at the time we accepted this invitation, if we did acce t it. But, sir, the Senfrom Nevada an the Senfrom NewYork are altogether mistaken as to the terms of our acceptance. Let me send to the Secretary to be read the act of Congress passed 2 or 3 months ago, stating in express terms how far we did go. This idea of our furnishing the roof to cover us at this Exposition is an after thought. We were not told that it would be necessary to do any such thin as that. We were not told that we should have to incur an additional expense of half a mllllOIl dollars' in order to carry out our part of this entertainment. I ask that the JtResolution which I send to the desk be read.
The Secretary read it, as follows: A JtResolutionin relationto theIndustrial Exposition at Paris. France. Whereas the U.S. have been invited by the Goijcrnmentof France to takepart in a universal exposition of the productionsof agriculture. manufyaecatrures and the [innarts, to be held in Paris, in the 1867: Resolved by the Senate and HoRep of the U.S.A. in Congress asseinbled, That said invitation is accepted. SEC.2. Abife: Resolved.That the proceed in heretofore adoptedby the SecyState in refdtion to the said Exposition. its set forth in his report and acconipunyiiiiz documents concerningthat subject, transmittedto both Houses of Congresswith the Plkesitlttflt tl message of the 11thinstant. are upprove. Site.3. Abife: resolved. That the general agentfor the said Exposition at NewYork heauthorized to employ such clerks as may be necessaryto c nablehim to fulfill the requirementsof the regulations of the imperial commwion. not to exceedfour in number. one of whom shall receive compensation at the rate of 81, 80oper annum.oneat81, 600a, ndtwo a, EC. 4. Abife: resolved, That the SecyState be and is hereby, authorised and re cqeurensitnegdto prescribe such general regulations conthe conduct of the businessrelatin to the part to be taken by the U.S.in the xposltion as may be proper.
Mr. GRIMES. Now, Mr. President, it will be observed that by the passage of that law Congress did not contemplate the expenditure f any more money; and I would call the attention of the Senate to the suggestion made by the Senfrom Nevada [Mr. S'rswmr] as to the meanness (for that is the proper term) which seems to characterize everythin of the action of the French Government, or the controlling powers representing the French government, in connection with this Exhibition. If one of our artisans carries an article there for exhibition, and he does not desire to bring it back, but chooses to sell it that it may be used, and thus furnish, by the example that it presents to the people around where it is used, an encouragement and an inducement for its more extended use, that American is obliged to pay a heavy duty upon the article. He or the Government of the U.S. must be at the expense of bringing it back or else he must pay a heavy duty to the French Government in case he sells it there.
Mr. GRIMES. Yes, the ordinal? import duty. I suppose it is not an extra. duty over that which would be levied upon it if he took it there for sale; but that is not any very great inducement to a man to go there, and it does not show that the French Government are in spired by any very high and lofty motives, certainly not b such motives as the Senfrom Nevada [‘ Mr. NYE] attributes to the French Government, I think.
Mr. N YE. Will the Senator allow me to ask him a question?
Mr. NYE. How was it with our Government when the World's Fair was held here?
Mr. GRIMES. I did not know that we had an World’s Fair.
Mr. GRIMES. I know they had a Fair in NewYork, but I think the American Government took no part in it. I do not know that it was called a World’s Fair. The national government had nothing to do with it. Citizens of NewYork got upalarge exhibition, built a may nificent crystal palace, and had a very fine show of various articles of production, ag ricultiiral and mechanical; but it was not such an exhibition as this is to be. It was not got up by the authorities of the nation, nor was it gotten up by any such motive as has inspired this one.
Mr. GUTHRIE. I suppose eve member of congress knew when we accepte this invitation that it would necessarily be followed by an appropriation. We had somewhat of the same ifliculties which are now presented about foreign parties exhibiting at the Fair which was held in this country some years ago. I think we allowed foreigners to bring in their articles free of duty but if we ever chance to hold another fairI think we shall not do so. If we did we should bring down our revenue for a year or two, and I am not at all surprised that the Emperor of the French takes care of his revenue, and he has a pretty large one, and has necessity for a large one. I make no objection on that score, because we should do ourselves if it were our case just what it is said he is doing. After accepting the invitation, is there any sufficient cause why we shOuld refuse to make.this provision? The same character of expend itures was incurred by this Government when we accepted the invitation of GreatBritain to the Fair at London. I have no doubt that the opportunity given to manufacturers of different nations to exhibit their products and machinery and improvements is calculated to advance the manufacturing interests of the world; and I think there has been no time in our history that we needed such advantages more than we need them now. I feel mysel junder no embarrassment at all in the acceptance of this invitation; but in my judgment the propriety of this Exhi bition and of giving our citizens the benefit and a vantage ofit, is so clear that I am in favor of the appropriation.
Mr. RAMSEY. I should like to inquire of the Senfrom NewYork, who host is matter in charge, whether the French Government has not already made ample provision for our exhibitors, whether there is any occasion for us to make this additional approprintion. I think I understood him to say t iat we had 30,000 square feet assigned to American exhibitors at the Fair. That gives us a space 500 feet long and 60 feet in Width. What information have the committee that more than that is required? If there is no roba bility of moretion that being wanted, there is no occasion to vote this additional appropriation.
Mr. ANTHONY. Does this amendment come from the committee?
Mr. HARRIS. I offer this further amendment, to come in as an additional section: oiAituhlebesa idi tgfuernlleterarrleasocluvet daTt, NewYork hatit shall abnedtthheedaumtg commissioner genera at Paris to transmit to congrem. thro h the Deptof State.a detailed statement ot the mannerip which such on enditures as are hereinbeforo provided for are me o by them respectively.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment made its in ComWhole was concurred in. The amendment was orderengross, and the JtResolution to be read a 3rd time. The resolution was read the 3rd time. Mr. STEWART. I call for the yeaspnd an s on the passage of the resolution. The yeas&nays were ordered; and being taken, resulted yeas 21, nays 13; 15. So the JtResolution was passed. On the motion of Mr. HARRIS itstitle was amended so as to read, “A Jtresolution to enable the people of the U.S.s to articipnte in the advantages of the Universal xhibition at Paris in 1867.” ADJOURNMENT ro MONDAY.
Mr. DOOLITTLE. I move that when the Senate adjourn today it be to meet on Monday next.
Mr. TRUMBULL. I think we are getting to a stage of the session when we ought to work on Saturdays.
Mr. TRUMBULL. There is so much to do that it is difficult new to get the floor to call u any measure, there is such a struggle here. I‘Iiave had bills in my possession to re art for 3 or 4 days but could not get the floor to report them. It seems to me we had better meet on Saturdays, and shorten the session. I submit to the Senate whether we are to adjourn over at this season of the year and this stage of the session.
Mr. POMEROY. The bill reported by the Senfrom Michigan [Mr. Iibwaun] is a very important measure. It was considered in the morning hour today, and he hopes to be able to pass it tomorrow. I trust, therefore, we shal not adjourn over.
Mr. GRIMES. That Pacific railroad bill is a very important bill, and there are gentlemen who t'ccl an interest in it that have not yet seen it and who did not know that there was any such hill here until this morning. For myself, I should like an opportunity to examine it and see what its bearin is.
Mr. GRIMES. It may have been reported, but the attention of the Senate was not called to it by an written or printed report, and I never hear of it until today. I should like to have it 0 over until next week.
The PR ‘SIDENT protempore The nestion is on the motion of the Senfrom Vis consin, that when the Senate adjourn to dny it be to meet on Monday next. The motion was agreed to. it was reported last l REIMBURSEMENT OF MASSACHUSETTS.
Mr. SPRAGUE. I desire to give notice of my intention to ask the Senate’s consideration to a JtResolution to reimburse Massachusetts for expenditures for the common defense on Monday next. LEVY COURT OF WASHINGTON.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. METROPOLITAN POLICE.
Mr. MORRILL. I move to take up for consideration Senate bill No.137. The motion was agreed to; and the bill (S.No.137) to amend the acts approved Au est 6, 1861, and July 16, 1862, estali’lishing a ct propolitan police in the DistCol, to increase the elliciency thereof, and for other par oses, was considered as in ComWliole. The bill was read.
Mr. MORRILL. Perhaps I had better call the attention of the Senate to the bill and state what it is in a few words before themriendments are read. It is a bill, asit purportstobe, to amend the acts creating the Metro olitan police of the DistCol. Tie 1st section simply changes the title of the officers, and I suppose is unimportant except that it further authorizes the board of commissioners of police to appoint an additional officer whose rankis that of captain, and also authorizes them to appoint a clerk, 20 sergeants, and 50 patro men or privates. he 2nd section of the bill is stricken out. The 3rd section of the bill, which the committee recommend, vides for the accumulation of (pro‘ a small fun by the board of police as a contingent fund out of the forfeitures and penalties which are provided by a general law. The 4th section of the bill provides that hereafter no licenses for the sale of intoxicating liquors shall be ranted except upon the approval of the boa The other sections are simply provisions for. the enforcement of the act to which this is supplemental. I believe I have stated the portion ors in which this bill isa change of the metropoli tan system as it now exists.
Skip Skip The amendment was agreed to. The next amendment was in the 3rd section to strike out all after the word “seal” in the 11th line, as follows: di sApnodseit shall beunlawful tosogive.sell, or otherwise any eleocftioannyoirnthooxliiedaatyin. g liquor on Sunday or on or other special occasion whenever the boardof police shall deem the public sence requires such suspenSion of sale and shall so irect.by generalride or other proor notice; and such saleor disposition is herebyproibited on over other dayafter 12 o’clock p. in. until 5 o‘cloc n. m. the following day; ll ldfor the 1st violation of anyprovision of this sectionthe person or persons offendingshall forfeit and paythe sumof 20 dollars. for the 2ndoffensefort dollars and for the iffl;dodffensethe licenseof sue party shall be foroi.
The Clerk read The next amendment was to strike out the 5th section, as follows: 530.5. Abife:, That until other yrisedirectedby Congress.all finescollectedfor keeping open restaurants or other ilaecs whereintoxi catin liquors may besold on the Sabbath. election or he iday or other day prohibited by the boardof police or for other violations of the Sabbathday. as ipnlgsoinatlol fimnceasteionlglelicqtueodrfosr keepingopenbarsandsell after 12 o’clock at night and before 5 o’c ck in the morning. may be reserved by the tre rer of the police board until said fines amount to the sumof 82.000in one year. to be appropriatedby the board to meet necessarycontin gent expenses;and the excess of such fines over82.000 that may be collected in. anyone fiscal year of the Government shall be paid by the treasurer of the police board to the treasurer of the Jurisdiction in which the offense was committed; and except those nwardedby special act to the useof the authorities of Washington and Geor etown and the levy court for school purposes.all at or fines so collected shall he held by said treasurer to be expended under the direction of the board of police.to build and provido Itation houses in those precincts in which station houseshavenot already beenprovided.until asiim has accumulatedsufficient to so provide them.after which. except an amount equal to the expense of pnaeigres.ssaryfuel. light. furniture. cleanliness and re (which mayhereafterbedeductedin eachand half of the precincts of the District.) the samcshall be paidoverto the propor officers of said cities and county without further abatement; and until enough has accumulatedto build saidstation housesandfurnish, warm. light and cleanse them, it sh all be the duty of the authorities of the soverul jurisdictions and they are required.to keep the station housesclean and in all respectsin a conifortable sauitary condition.each municipal authority in its respective jurisdiction.
The Clerk read The next amendment was to strike out the 7th section of the bill in the following words: saBgIeG. 7. Abife: That after the pos of thisact.if any person shall hechargedonoath or affirmation.beforethe mamstrate officiating at the central circcutivo officeof the Metropolitan police for the DistCol. With being a rofcssional thief. burglar or ‘DlCkDOCkqaifn, d she l have beenarrestedby the police authorities at any place within said District and if it shall be proven to the stiimitiesfnayc.ttiohnato such said magistrate, by sutiicienttes thief. burglar or pickpocket had an unlawful purpose in View at. the time of such arrest.he or s 0 shall be committed by said magis trate to the courity Jail for a term not exceeding 90 days; or in the discretion of the magistrate. he or sheshall be required to cater security not to pvieorliaotde any civil or criminal law of the District for a not exceeding one year. And if any person galrarer stedasa professional thief. pickpocket or bur shull feel himself or herself aggrieved by any such act. Judgment or determination of the said magistrateoliiciating at the central officeof the Met propolitan police.in and concerning the execution of this act. he or slio may apply to either jud c of the supremecourt of the DistCol or ii writ of beuacorpus and upon return there of the reshall bea rehearing of the evidence before such judge and he mayeither discharge.modify, or confirm thocommitmentor the amountand duration of the security.
Mr. MORRILL. I move to amend by out in section 8, line 4, the wordsstr“ikainng justiices of the peace; ” so that the clause will rea: That from and after the passageof this act the property clerk of the Metropolitan police district shall bevestedwith alll the powersnow conferredby law upon notariespublic in the DistCol.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendments were concurred in.
Mr. TRUMBULL. I do not know that I fully understand the 10th section of this bill. It providesThat hereafterno person shall assumeor practice the occupation of detectivewithin the limits of the DistCol who shall not 1st receive a specificappointmentfor that purpose. That prohibits anybod from acting as a detective here unless he has been specifically appointed for that purpose; but it goes on: Or if pursuing the detection of criminals as a private businessoutside of such authority and not otherwisespecificallyauthorizedby law. any person so practicing shall enter into bonds. It seems to me these 2 provisions are inconsistent with each other. T int word “or” should be “unless.” The 1st 4 lines positively prohibit anybody else from pursuing the business, and the latter part of the section would seem to tolerate a private detective on his iving bondS.R.MORRILL. The idea was that nobody here should pursue this business unless he was authorized by the authorities here; hutsuppose a detective was sent here from abroad, they would not. refuse him the right to act, he being properly accredited; but as his functions were to be performed here, they would require him to give bonds that he would faithf ly perform them so far as their jurisdiction is concerned. That was the idea.
Mr. TRUMBULL. It is the mere phrase ology to which I am calling the Senator’s attention. 1st, there is a positive prohibition against anyone acting. Then what? After making that positive prohibition the section goes on at considerable length in its subsequent language to authorize other persons to act. It seems to me this should be of.in by way of exception. The Senfrom 9 sees that my objection is merely to phraseology; the word “ qr” it seems to me is an improper word there.
Mr. MORRILL. I think the Senator is right in that, and I am willing to accept that amendment.
Mr. TRUMBULL. Further, I suggest to the Senfrom Maine whether it is best to throw that obstacle around a detective who comes here from abroad. Professional criin inals, pickpockets, and thieves go from city to city and are on the cars. They are frequently followed by detectives who enter the cars with them, follow them all the way, perhaps from Boston or Chicago, to Baltimore or Washington. By the provisions of this bill a detective who pet ha)5 ind come on the cars1,000 miles wateing suspected persons could not act as a detective in the city of Washington when he got here without entering into this bond. I question very much whether thatobstacle should be thrown in the way of his acting. I do not know what the mischief is; I do not know the necessity for requiring this bond. If there in any abuse by detectives coming here there may be a necessity for it. I suggest to the Senfrom Maine whether he is not lacing too much of an obstacle in the way of detectives from abroad, or private detectives here. They have in some of the cities, I know, private detectives who are very efficient. I suppose by the prohibition of them here it is supposed that they interfere in some way with the regular detectives, or are objectionable. I was not aware that they were found so. I think in some of the cities there has been organized a private detective force that has been much more efficient than the public force in ferreting out crime.
Mr. MORRILL. I will state the origin of this section. It is co ied from the Metropolitan police system of NewYork. Iam not sure that the criticisms of the Senator are not eu tirely just. In fact I have no particular opinions upon the subject. I know that the police board of this city are anxious to have this provision made and our round is this: this is a Metropolitan police on er the direction of congress entirely; it is intended to be complete in itself and to operate efficiently in the DistCol. This provision oes upon the assumption that through the e iciency of this board of police commissioners the whole sya tern can be rendered more efficient operatin through it than independent of it. It is said that is the experience in the large cities, particular] in the city of NewYork, where the system has been brought perhaps toits highest state of perfection; and the desi n is that detectives outside coming here shoufd be required to cooperate with the Metropolitan police of this District. That I understand to be the purpose and object of this section of the bill; and it is in conformity to a provision in rafted upon the Metro olitan police system of the city of NewYork.Ihave no great desire about it. If the Senator moves that the section be stricken out, and is very decided in his convictions that it ought not to be in, I have no objection, although for myself I do not see that any prac tical difficulty will arise from it.
Mr. TRUMBULL. I do not propose to move to strike it out; but it struck me that the section might create embarrassment. I presume, however, it has received the careful consideration of the committee; and if they think it is bestto retain iIt, shall not object. I think there ought to be averbal umendmentto carry out what the Senator intends. I suggest that the words “or if” in the 4th line had better be stricken out and the word “unless” be substituted.
Mr. MORRILL. I have no objection to that.
Skip Skip The amendment was agreed to. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. HOWARD INSTITUTE AND HOME.
Mr. YATES. I move to take up Senate bill No. 290. The bill has already been read, and there was some objection, I believe, of a tech nical character, which has been withdrawn. The motion was agreed to; and the bill (S.No.290) to incorporate the National Life and Accident Insurance Company of the DistCol was considered as in ComWhole. The bill was reported to the Senate without amendment, orderengross for a 3rd reading. read the 3rd time, and passed. METROPOLITAN MINING COMPANY.
Mr. CRESWELL. I move to take up for consideration Senate bill No. 178, to incorporate the Metropolitan Mining and Manufactur in Company. The motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the bill.
Mr. CRESWELL. I desire to propose some verbal amendments. In the 8th line of the 1st section I move to strike out the word “company” and insert “ corporation."
Mr. CRESWELL. In the 17th line of the 1st section I move to fill the blank with the word “ five;” so that the clause will read: And any person of lawful age and a citizen of the U.S shall be permittedto subscribeupon spearyibininggfi.vedollarson eachshareat the time of sub
Mr. CRESWELL. I move to insert after the word “election” in the 16th line of section 2 the words “and until their successors shall be duly elected and qualified, " so that the clause will read: the stockholders shall then and there elect nine duInI’tQilCtIh OeIirS to serve until the next onsuing election und successors shall by duly elected and qualified asprovidedfor in this not.
Mr. CRESWELL. I now move to strike out from the 19th and 20th lines of section 2 the following words, “ next ensuing election. as herein provided for.” and to insert “election and qualification of his successor;” so that the clause will read:. And at the 1st ensuing meeting of the directors liter every election they shall appoint one of their number as president, who.togetherwith themselves shall hold otficc until the electionand qualification at his successor.
Mr. CRESWEIL. I also move to strike out the words “together with themselves” after the word “who” in line 18.
Mr. CRESWELL. I next move to strike out the word “place” in the 3rd line of the l 4th section and insert “places;” so as to make it plural instead of singular.“
Mr. CRESWELL. From line 12 of section fourI move to strike out the word “ same ” and insert “ said shares.”
The PRESIDING OFFICER. That verbal correction will also be made.
Mr. CHESWELL. From the 14th line of that section I move to strike out the words “the same ” and to insert “any installment that may be due and unpaid.”
Mr. CRESWELL. From the 15th and 16th lines of that section I move to strike out the words “ the installment or proportion so unpaid” and to insert in lieu thereof “the same.”
Mr. CItESWELL. After the words “U.S.” in the 6th line of the 5th section I move to insert the words “ or of any State.”
Mr. CRESWELL. From the 4th line of section 6 I move to strike 'out the word “certain.”
Mr. MORRILL. The Senator will allow me to sug"est that on that point this bill is subjccted toiahelocal authorities whereverit goes. They can do nothing against your authority and without your consent.
Mr. CONNESS. We do not knowanything about them. They are strangers to us. We are to institute a system, in the 1st place, of in vestigation; we are to command them to appear before us, and to ask them who the are, what they are, what capital they have, an what they are oing to do. I submit that we had better not oit at all, and that really our proper sphere and bound in the premises is to legislatefor this District, and not for outside of this District, in these matters. I cannot conceive of legislation more, not simply unhealthy, but calculated to result in effects so vicious as this.
Mr. HENDRICKS. I am very glad the Senfrom California has felt it to be his duty to resist the passage of this bill. I was appealed to by an esteemed friend to support the bill, and should be ver glad to do so if I could; but it seemsto met at it is aspecics of legislation thatwe on ht to defeat at once; and I hid not expected the very able chairman of the District Committee to advocate the passage of this bill. He had contributed by his ah e argument to some extentto the formation of my Judgment upon measures of this sort. His argument against the power of Congress to authorize the construction of railroad and telegraph lines through the States seemed to me to be entirely conclusive. The only difference between the measure which he then opposed and the one which he now advocates is, that this is within the letter but outside of the spirit and purpose of the Constitution. The Constitution authorizes us to legislate for this District, for the business and people of the district. Now, I do not question that Congress may establish a corporation, may pass a law creating a corporation for business purposes within this District; but when we know that the corporation is not to exercise its powers within teDistrict, and that it is intended to exercise those powers somewhere else. we are legislating for a purpose not within the District, and keeping ourselves within the letter of the Constitution, we go outside of the purpose and spirit of that document. Can we establish a corporation in the State of California? Unquestionably not. But it is proposed here that we shn'llincorporate a gold mining company, when we know there is no old in the DistCol. By the way, did hear that there was gold discovered recently in the District. How that may turn out I do not know; but we know pretty well that there is no gold in the District.
Mr. SPRAGUE. There is some in the Treasur.
Mr. WADE. whether it is a mining company gr a railroad company, if' it wished to operate in Maryland or Ohio, it must, ofcourse, get the consent of' Maryland or Ohio in the one case as much as the other.
Mr. HENDRICKS. I know that is the apology for this bill. You do not want to build a railroad in the District, but you want to build one in the State of Maryland. If that is the purpose, why not go to the State of Maryland and yet a charter?
Mr. MORRI L. As the Senfrom Indiana has alluded to me, he will permit me to suggest the obvious distinction between this bill and the case he puts of the legislation to which he refers. This bill provides an act of incorporation in the DistCol. It does not give the corporation the right to exercise any authority outside of this district; it does not invest them with one particle of power outside; but they are authorized here to create a manufacturing establishment of iron. Then they would have a right to send their agent into Pennsylvania and purchase lands f'or mining both coal and iron; but of course they would have to do it in submission to the laws of Pennsylvania, both State and municipal; because the Senator will see that there is not a particle of power conferred on them to go to Pennsylvania clothed with any authority whatever; and therefore I suggest to him most respectfully that there is no question of power involved. As to the constitutionality of the measure, we are clearly within the scope, because we only invest them with power in this District. Being an artificial person, they may go abroad just as a natural person would; but they must trust their luck. if they find the local authority against them they must retire. I submit to the honorable Senator that that is the distinction between this case and the one to which I spoke the other day. The real question'in my mind, and on that I hesitateand I beg the Senate to observe that I am not committed to the advocacy of this bill is the question raised by the Senfrom Illinois. hat is the true question, whether we ought not, in granting corporations, to limit and restrain them to the DistCol; or if we do not do that, whether we should not decline to associate gentlemen and give them corporate powers if we know their purpose is to operate outside of the District, and not in it. On that question, as a matter of policy, I think there is very great doubt.
Mr. HENDRICKS. As the Senatoris proba bly familiar with the purposes of the corpora tors, I wish to ask whether it is the intention of the separties to carry on the mining business with the capital of' a million or more in the DistCol or in one of the States.
Mr. CRESWELL. I will say to the gentleman that they propose to establish a part of their manufacturing system here.
Mr. HENDRICKS. Are they to manufacture an ’thing and everything, and mine too?
Mr. CRESWELL. No, sir. They propose to manufacture, and to mine for iron ore and the minerals necessary to the proper carj ying on of that business; for instance, limestone. Now, sir, these gentlemen have in view and I state it frankly a very valuable tract of land in the State of Virginia, which is very rich in deposits of iron ore; and they desire, in connection with their establishment for manufac turing iron ore in this District, to be enabled to go into Virginia to buy that land, dig out that ore, brin it into the District, and have it manufactured ere.
Mr. HENDRICKS. I will ask the Senator one further question: if there be no law of Virginia or estVirginia prohibiting this corporation acquirin and holding land in the absence of a prohibition; in other words, will this company be authorized by the charter to acuire and hold lands in one of the States ‘2
Mr..MORRILL. I hope the Senfrom Maryland who called this bill up will allowit to be laid aside for the present. I have several small matters in charge that I desire to take up and dispose of this afternoon, and I trust that he will allow me to move the postponement of this bill until tomorrow, so that may call u some other bills.
Mr. CRESWELL. Does the gentleman desire to move any amendments to the bill?
Mr. MORRILL. Yes sir I desire tomove an amendment to the bill. I, do not wish to consume the whole day upon this one bill, and Iho e, as this day was assigned particularly to the consideration of matters belonging to l the DistCol, that Imay be allowed to dispose of some other bills. V
Mr. CRESWELL. If the chairman of the ComDistCol desires to propose an amendment to the bill, Iwill consent to this postponement.
Mr. MORRIEL. I will see ifI cannot propose some amendment which will obviate the objections that have been brought against it.
Mr. CRESWELL. Very good, sir; with that understanding, I consent to the postponement.
The PRESIDING OFFICER, (Mr. POMEROY in the chair.) The Senfrom Maine moves that the further consideration of the bill be postponed until tomorrow. The motion was agreed to.
Mr. Coorsn, the President’s Private Secy, appeared below the bar, and said: Tom directed by the POTUS to return to the Senate, the House in which it originated, the bill (S. NO. 203 to enable the NewYork and Montana Iron ining and Manufacturing Company to purchase a certain amount of the public lands not now in market, with his'objections thereto in writ in.
Mr. WADE. I move that the veto message of the President be printed.
The PRESIDING OFFICER, (Mr.POMi:ROY in the chair?) The Chair will take this opportunityto lay before the Senate the veto message from the POTUS. The Secretary proceeded to read the message.
Mr. WADE. I move that the reading of the message be disensed with, and thatit be printed for the use of the Senate. It seems to me there is no occasion for reading it through.
Mr. WADE. Nobody will attend to it if it is read, and it will take some time to read it. I think it had better be printed.
Mr. HENDRICKS. I resume the Senator will not insist upon that hope we shall bear t'he message read.
Mr. SAULSBURY. I should like toinqnire of those who know, whether such a thing has ever been done in any former instance as not to read a veto message from the POTUS.
Mr. MORRILL. The last one we had was not read.
Mr. MORRILL. It was not read the day it was sent here; but it was ordered to be printed, and it was read the next day.
Mr. SAULSBURY. I should really like to know whether such a thing was ever before known under any former Administration as refusing to read a message from the POTUS.
Mr. WADE. The only reason why I moved to dispense with the reading of the message was that there are a good many other District bills to be acted upon, some of them very important, and time is very precious. It is hardly probable that we shall get another day on which to act upon them at this session. One or 2 of them it is almost indispensable should be passed, and if we have this message read it will take up a good deal of time. That is all I have to say aboutit.
The PRESIDING OFFICER. The Senfrom Ohio moves that the further readin of the message of the POTUS be dispensed with, and that the message he printed and laid upon the table.
Mr. HENDRICKS. I think if the Senfrom Ohio will reflect upon it. he will hardly insist upon that motion. It will take but a few minutes to read the message.
Mr. TRUMBULL. I apprehend it will be quicker to read it than to have a discussion as to whetherit shall be read or not.
Mr. WADE. I believe it is consented now on all hands that the reading shall bedispensed With.
Mr. TItUll IBULL. The Senfrom Indiana insists on having it read. I presume no one wants to be considered as acting discourt eously in any way to the President. I think sometimes messages from the POTUS have not been read, but have been ordered to be printed. That is my recol lection since I have been here. But if anybody supposes that it will be a reflection on the President not to read it, I hope it will be read. I ain sure nobody wants to treat the message disrespectfully.
Mr. SPRAGUE. It will not take more than ten minutes to read it.
The PRESIDING OFFICER. Does the Senfrom Ohio withdraw his motion?
Mr. WADE. Yes, sir; I withdraw it. I suppose we are at the mercy of the President. fhe Secretary concluded the reading of the message.
Mr. MORRILL. I move that the message be laid upon the table and printed. The motion was agreed to. HOUSE BILLS REFERRED. The following bills and JtResolutions from the HoRep were severally read twice by their titles, and referred as indicated below; A bill (H.R.No. 447) to authorize the SecyWar to sell a portion of the Fort Leavenworth military reservation to the city of Leavenworth, in the State of Kansas, for a public park to the ComMilAffrs . A bill (H.R.No. 448) to authorize the construction of a railroad through certain land of the U.S. in Kansas to the ComMilAffrs . A bill H.R.No. 486) for the relief of Catherine Velch to the ComMilAffrs . A JtResolution (H.R.No. 150) providing for the settlement of the accounts 0 W. H. Hamrick to the ComMilAffrs . A bill (H.R.No. 683) for the relief of J. Judson Barclay to the ComForRel. A JtResolution (H.R.No. 159) authorizing the ComrPubBldg to employ 3 additional watchmen in the Smithsonian grounds to the ComPubBldg and Grounds. Agoint resolution (H.R.No. 160) for the relic of William D. Nelson to the ComMilAffrs . COMMANDER CHARLES HUNTER. The Senate proceeded to consider the amendment of the HoRep to the bill (S.No.307) authorizing the restoration of Commander Charles Hunter to the Navy; which was in the 1st line of the bill to insert the word “ States” after the word “ United."
Mr. ANTHONY. I move that the Senate concur in the amendment of the HoRep. he amendment was agreed to. GOVERNMENT OF THE DISTRICT.
Mr. MORRILL. I ask the Senate to proceed to the Consideration of Senate bill No. 97.
Mr. MORRILL. “A bill in addition to the several acts for establishing the temporary and ermaneut seat of the Government of the U.S., and to resume the legislative powers delegated to the cities of Washington and Georgetown and the levy court in the DistCol.
Mr. GRIMES. I should like to inquire of the Senfrom Maine if he has the conscience to call up such a bill as that at this period of the da?
Mr. MORRILIJ. I do not want to make it a matter of conscience if I can hel) it. [Laughter.] I do not propose to ask the Senate to consider the bill today, but I want to have the bill read and at an early day I shall ask for the consideration of the bill.
The PRESIDING OFFICER. The question is on the motion of the Senfrom Maine.
Mr. HENDRICKS. On that question I wish to say just one word. Iam one of the Senators who are anxious for an early adj ournment, and I had intended, if the chair man of the ComFinance had been here, to call up today the resolution of the HoRep for an adjournment, with a view to fixing some day. Now, the Senfrom Maine may disclaim all obligations to conscience in regard to this bill; but I think it is a question of conscience to call up a bill of 102 pages in respect to the DistCol, not having anything to do with the general interests of the country, at this period of the session, when we all want to get home, especially when we have to live in this hot house.
Mr. MORRILL. I only want to have the bill read.
Mr. HENDRICKS. Mr. President, I think we had better meet this question at this time. We cannot go into the question, at this session, of the entire reorganization of the government of the DistCol. I understand that this is an abandonment of the system which has governed this city for so many years. In considering this bill we have got to consider all the questions of government suitable to a city. We ought not to pass a bill of this kind with less than 5 or 6 days’ consideration. It is a bill of 100 and 2 pages, and is to be followed, I presume, by a bill of one or 2 or 300 pages, remodeling the tax laws of the District. We shall not get awa from here this summer if we undertake such jobs as this; and I appeal to the Senator to consider the question of conscience.
Mr. MORRILL. The Senator did not understand me. I did not make this bill a matter of conscience. I saidI did n of want to make the question of taking it up a matter of conscience. I do not want the Senate to be frightened out of its sense of propriet by any suggestion of the honorable Senfrom Indiana that there is no time to consider this bill. The bill is a little volumine us, I know; but it is a matter of detail simply. The principle is of it is very simple. It is merel to coner on another set of unctionaries the Iunctions which are exercised by the municipal officers of 3 corporations in this District. The necessity for it is imminent. If there is anything like bad government, shameless government anywhere, it is in this District, and am prepared to show it; and I shall show a case, too, and shall not require a great deal of time to do it, that will make the Senfrom Indianablush to under take to oppose the measure. I know that decency is outraged in this District by these corporations; some of them particularly. I do not like to be told, when a bill has been 5 months on the tables of Senators, that there is no time to consider it, not even to read it. Now, Mr. President, no more important measure scarcely is likely to be brought before this Congress in many a day than the one I now desire to call up. My honorable friend says that it is to overthrow the system which has obtained here since the organization of the Government. That is not so at all.
Mr. HENDRICKS. I did not suppose that the Senfrom Maine would feel authorized to discuss the merits of the bill upon the motion to take it up, and I do not now intend to follow him into that line of debate. For one, sir, I am not willing to sit here during the hot months of summer for the hi 'h purpose, which he says is the only object 0 this bill, to put out of office one set of officers and to put another set of men in. That is not a high purpose of Government.
Mr. MORRILL. I will ask the honorable Senator whether he thinks that is a fair representation of my argument. Have I said anything to authorize the assumption that the high purpose of this bill was simply to put out one set of officers and to put another in? 1 expressly said that no bigher duty would rest on this Congress than to correct the abuses of administration that exist here, and that the way to do it was to remove the officers. That is what I said.
Mr. MORRILL. The bill does not propose at.
Mr. HENDRICKS. what the Senator said. th I thought it did from
Mr. JOHNson. The President is to appoint the commissioners.
Mr. HENDRICKS. Does the bill so provide?
Mr. HENDRICKS. Then it is not quite so objectionable asitwould be if the legislative dept undertook to make the appointment of officers. I understood the appointments were to be made by the Senate.
Mr. WADE. Mr. President, is it in order to debate the merits of a bill on a motion to take it u ‘I
Mr. HENDRICKS. I acknowledge the point of order made by the Senfrom Ohio, and shall not pursue the subject further. My simple purpose was, in appealing to the conscience oft e Senfrom Maine, if possible to prevail on him not to press on the Senate at t iis period of the session, when we want to get home, the consideration of a measure which I cannot conceive it is very important that we should consider at this session. This District certainly can get alon for another session of Congress without such fiegislation. I hope the bill will not be taken up. 102 pages of legislation, at book to be leflis lated upon, is not to be disposed of ion. day or so.
The PRESIDING OFFICER. The question is, Will the Senate proceed to the consideration of the bill indicated by the Senfrom Maine?
The PRESIDING OFFICER. The Chair feels it his duty to state that on a motion to take u a bill, extended discussion is not in order. but any reasons for or against taking it up are in order.
Mr. GU THRI E. Mr. President, I hope the Senate will deliberate long before they reverse the 1st principles of free government elections by the people and the right to govern themselves in States, in Territories, in cities, and in towns. I understand this to be The 1st attempt made anywhere in the U.S. to reverse that system. In this bill it is proposed to govern this District by 3 commissioners. Do you expect that under them you will have any better government, or any more satisfactory government than on now have? Sir, it is taking the 1st step or the introduction of tyranny into the U.S. by disregarding the wfil and the suffrages of the cltliple. I hope we shall never consider this I.
Mr. IVILSON. I more that the furthercon sideration of this bill be pestpoued until the 1st Honda of December next. The PR SIDING OFFICER. The bill is not yet under consideration. The question before the Senate is on taking it up for consideration.
Mr. WILSON. I thought it was before us. I will simply say, then, that I hope it will be postponed. It is too important a measure to e taken up at this session. Besides all that, Iaree very much with the Senfrom Kentuc 'y, and am in favor of taking up and passing the other bill that shall put the overument of the District into the hands of the whole pelri‘plle. e PRESIDING OFFICER. The question is on the motion to take up thisbill for consideration. The motion was a reed to.
Mr. WILSON. I ow I make the motion that the bill be postponed until the 1st Mon day of December next. I do not believe that a bill of this size can properly be considered at this session; but besides that I am very anx ious to take up the other measure that shall invite all the people here to participate in the government of the District.
Mr. MORRILL. I do not propose to have this bill disposed of in that way exactly. If the Senator has had the bill under consideration and is opposed to it, very well. If he knows what is In this bill
Mr. MORRILL. Then I think it is a very poor compliment to the judgment of the committee who reported it for the Senator to rise here and dispatch the bill in that summary way. If the Senator desires it to go to the ComMilAffrs, I have no objection. Pam hter.]
Mr. MORRILL. I do not proman, after having given 5 or 6 months to the consideration of the bill, to have it disposed of so summarily, if I can help it. If the Senator wants to assign another day for its consideration during this session, very well. I said when I moved to take the bill u that I only wanted to have it read today. I am afraid there is not a Senator here who has read it. The honorable Senfrom Kentuc' says that this bill ought not to be considere because it subverts a fundamental principle of this government. If the honorable Senator had read the bill probably he would not have made that remar k. Mr. GUTHRIE. Names do not change things.
Mr. CONNESS. I hope we shall come to a vote, and I will not prevent it long. I utterly.object to the postponement of his hill until December next, or lllVOlvlng it with the question of negro suffrage in this District. I want the question of suffrage when it shall come up to stand on its own merits. I am not so sure as some other Senators may be, that if suffrage were extended in the District, the city of Washington would therefore geta better government. I am not.so certain on that point. But enough of that when the question shall come up. I hope this bill will have consideration, notwithstanding its length; and therefore I more, as an amendment to the motion of the Senfrom Massachusetts, if it be in order, that the bill be fixed as the special order for Wednesday next, so that we may then get a vote upon it.‘
Mr. CONNESS. Then, if it will suit the Senfrom Maine, I move that this bill be made the special order for Wednesday next at one o‘clock.
Mr. ANTHONY. You had better say Mon da next.
Mr. CONNESS. No; we have gotaspecial order for Monday.
Mr. WILLIAMS. I hope that this bill will not be made the special order for Wednesday, becauseI resume the chairman of the Committee on "inance will be ready by that time to rocced with the tax bill.Mr. MORRILL. If he is, Iwill withdraw this bill.
Mr. WILLIAMS. If it is understood that this bill shall not interfere with the tax bill, I shall nor. object to the motion.
Mr. MOItItILL. I should not expect it to interfere with that measure. The motion was agreed to. OBSTRUCTIONS ON MARKET SQUARE.
Mr. WADE. I now move to take up senate resolution No.101. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 101) directing the removal of certain obstructions from the public square known as Market square, in the city of Washington. It directs the ComrPubBldg and Grounds to notify the party by whose direction obstructions, to wit, foundation and walls, were placed upon the public square near Pennsylvania avenue, known as Market square, to remove the same, and on refusal or neglect to remove them to cause them to be removed without unnecessary delay. The JtResolution was reported to the Senate without amendment.
Mr. KlRKWOOD. What committee does this resolution come from?
Mr. KlRKWOOD. Does it require the removal of the market house?
Mr. WADE. No; only the incumbrances there. The market is to be removed to another place. Another site. has been found where it is to be established.
Mr. KlItKWOOD. That is what is called Center market?
Mr. WADE. Yes sir; I believe they call it Center market; but this resolution has nothing to do with the market. It merel directs the removal of the foundations that they have got there, which were unauthorized by Congress.
Mr. KIRKWOOD. Iam not certain that I understand the object of this resolution. My attention was called this morning by some citizens of the District with whom I am acuainted to the matter, which I understand to c this: there has been for a good many years in this cit a market house KIT. MORRILL. If the Senator will allow me, this resolution has no relation to the mar ket. It relates simply to the foundations and partial walls which were attempted to be constructed on that square some 2 or 3 years ago, and which Congress at that time prohibited. This resolution simply directs the removal of those obstructions.
Mr. KlRKWOOD. I must say what I have to say about it. I understand, indeed I know, that for a great many year there has been at the corner of 7th street and Pennsylvania avenue a market. I understand that an effort has been made to have the market removed from that site and placedeupon some other site.
Mr. WADE. This has nothing to do with that question.
Mr. KIRKWOOD. What foundations are these?
Mr. WADE. They are the foundations commenced there, I believe, for a market some time, ago without any authority of Congress whatever. They have no right to be there, and they are a nuisance on the square.
Mr. KlltKWOOD. T heuI suppose the question is this, and it seems to me there must be something in it: I understand the people of the city attempted at one time to put up a new, good, suitable building there fora market house, and that by some not of Congress they were restrained from doing it; that the foundation that is now spoken of is the foundation commenced for that purpose; and that the object now is to remove that foundation and prevent the building of any market house upon the present site. In the mean time an effort is being made to procure the location of a mar ket house upon another site; and this resolution must look in that direction. This is determining that the site now occupied shall not continue to be occupied for that purpose. If it is to have that effect, it seems to me we ought to consider the matter carefully. I haveinlbr motion that I thinkis correct, thatin the layin out of the plat of this city originally, the groun now occupied fora market house was indicated for that purpose specially. In the original laying out of the city this ground was to be laid out for that purpose, and it is so marked upon the original pliit. It has been established for that purpose over 40 years to ui personal knowledge, and perha a longer t iaii that. Property has been purcliased all round it with reference to this condition of affairs. property constructed ii on it and nigh to it was made more vuluable because it was supposed to be the permanent location of the city mar ket. Men invested large amounts of money for that reason. Unless this resolution be intended to affect that question, I cannot see what it can be intended for at all. 1 hope the matter will not be acted on hastily, but that we may be able to examine it and know what we are doin. I should be glad to have the resolution laid over until I can have time to exam me it.
The PRESIDING OFFICER. Does the Senator make a motion to that effect?
Mr. WADE. I hope no such motion willbe made, or if made that it will not prevail. This whole question that the Senator makes was foreclosed 2 years ago by Congress ordering this work to be stopped with a view to removing this market to a more convenient site. There is no open question on that subject, because Congress itself has already foreclosed it. This is what I suppose is realy the substance of it; workmen were engage there on this unauthorized work, and a large debt has accrued. Those workmen ought to be paid; their contracts require that they should be paid; but they are told they cannot get their pay until Congress come to the conclusion to remove it and until they should remove it; and under pretense of its not being removed after congress has condemned it, atle r they have said it slmll be removed, they are quibbling with their workmen and preventing their payment, because the founation is yet suffered to remain there. Their workmen, poor men who have laid out their labor, have been praying us all the winter to do something to conclude this matter so that they can have their pay. Those who employed them are quibbling upon the idea that the foundation is there yet, and although it has been resolved that it shall be removed, it is not removed; Congress have not done the last. act, and therefore they will not pay these workmen until it is done. Now, sir, we want an order by Congress that these obstructions shall be immediately removed. When that is done these our men can get their pay; but until it is one they cannot. thnt is all there is of it.
Mr. WADE. Iani only anxious to dispose of this question because think that I know that the wages of the workmen are hanging upon it and it ought to be settled that they may get their pay; but if the Senator is not well informed on the subject, and takesadeep interest in it, of course I can do no less, so far as I am concerned, than permit him to take time to look into it, and I hope he will do it at a very early period, so as to enable us to settle the question definitely as soon as it can be done.
Mr. KIRKWOOD. If the Senator will name a day for its consideration, I will agree to it.
Mr. WADE. It is not necessary to fix a day for its consideration. As soon as you are better informed on the subject I will call it up.
Mr. TRUMBULL. I move that the Senate adjourn.
Mr. ANTHONY. I hope we shall have a short executive session, and I move that the Senate proceed to the consideration of executive business.
Mr. MORRILL. I hope the Senator will withdraw that motion. want to call up a small bill that will take no time.
Mr. TRUMBULL. I trust the Senator will call up no more bills today. Thereis no quo rum here.
The PRESIDING OFFICEI? Then the question is on the motion of the Senfrom RhdIsland. The motion was agreed to; and the Senate proceeded to the consideration of executive usiness; and after some time spent therein, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Fmnar, June 15, 1866. The House met at 12 o’clock m. Prayer by Rev. Gsonon C. BALDWIN. The Journal of yesterday was read and approved. ASSAULT UPON A MEMBER.
Mr. SPALDING. I rise to a question of privilege. I submit the following reamble apd resolution, upon which I deman the preVious question: Whereas it is allegedin the public ressthat Hon. Lovnu. H. Roussmu. a member of this House from the State ofKentiicky.did. on the evening day. of Thurs the 14th instant, commit an assault upon the person of Hon. Jesus B. GRINNELL, a member of this House fromthe State of Iowa. becauseof words spoken in debate in this House by the latter; and whereas said assault.if committed.wasa breach of the privileges of this House and of the member as saulted: Therefore. poRinetseodlvbeyd, That a select committee of 5 ho ap the Speaker [to investigate the Billljnct. Aansd intoillrfellp'JoUr tdtghlellefauci tms.aWyith such resolution thereto the Improper andnecessaryfor i' Hlimition of the privileges of the House and the protection of its members;and that said committee have power to send for personsand papers and to examinewitnesseson oath.
Mr. JENCKES. Will the Gentfrom Ohio [Mr. SPALDIKG] yield for a question?
Mr. SPALDING. I will hear the question, but I think the less said the better.
Mr. JENCKES. The preamble of this res olution says, “ whereas it is alleged in the ub lic press, ” the Will the Gentfrom liio say from what newspaper he has derived his account of this transaction? I would like to know whether the resolution that he has offered was prepared upon the report of the transaction which I find in the National Intelligencer of this morning.
Mr. SPALDING. I will say to the gentleman that it was in part from the Intelligenccr. I insist upon my demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the preamble and resolution were agreed to. sous'rr to mums sacrum rs.
Mr. BLAINE, from the ComMilAffr, reported back Senate JtResolution NO. 87, to provide for the payment of bounty to certain Indian regiments, with a recommendation that it pass. The JtResolution, which was read, provides that the SecyWar be authorized and reiquired to cause to be aid to the enlisted men of the 1st, 2nd, an 3rd Indian regiments a bounty of $100, under the same regulations and restrictions as now determine the payment of bounty to other volunteers in the service of the U.S.
Skip Skip The JtResolution was ordered to a 3rd readin, was read the 3rd time, and passed. Mr. TLAINE mtRtv the JtResolution was passed; upon the table. agreed to. WYATT H. HAMRICK.
Mr. BLAINE, by unanimous consent. reported from the ComMilAffrs aJtResolution providing for the settlement of the accounts of ’yatt H. Hamrick. deceased, late lieutenant and quarterniaster of the 39th Ohio volunteers, which was read a 1st and 2nd time. The JtResolution provides that the proper accounting officers of the Treasury Dept be directed to settle the accounts of ainrick upon equitable terms, and upon the best evidence available.
Mr. BLAINE. Lieutenant Hamriek was killed at the assault on Fort McAllister, after having receipted for large amounts of property, before Sherman made iis great march across the State of Georgia; and the QuarterMGen recommends that this resolution be passed in order to facilitate the settlement of iis accounts.
Skip Skip The JtResolution was ordered to be engrosse and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. BLAINE mtRtv the JtResolution was passed; upon the table. agreed to. RAILROAD TO SALT LAKE CITY.
Mr. HENDERSON, by unanimous consent, introduced a bill grantin lands to aid in the construction of a railroad and telegraph line from the Columbia river to Salt Lake City which was read a 1st and 2nd time. an referred to the ComPacRailroad. TIBER CREEK, WASHINGTON CITY.
Mr. LATHAM. I am instructed by the ComPubBldg and Grounds to move that that committee be discharged from the further consideration of a JtResolution (H.R.No. 145) appropriating $16,000 to aid in completin the arch of Tiber creek through the Botanica Garden, and that the same be referred to the ComAppropriat. The latter motion was agreed to. PAYMASTERS IN THE NAVY.
Mr. DARLING. I move that, by unanimous consent, Senate bill No. 360, entitled “An act to regulate the appointment of paymasters in the Navy, and explanatory of an act for the better organization of the pay dept of the Navy.” be taken from the Speaker’s table for consideration at the present time. There was no objection, and the bill was read a 1st and 2nd time. It provides that the appointments to be made under the not entitled “An act to irovide for the better organization of the pay dept of the Navy, ” approved May 3, 1866, may be made from the number of acting asst paymasters of the Navy who (performed duty as acting asstpaymasters during the war, and who at the time of their appointment under this act shall not be over the age of 32 years. The 2nd section proposes to authorize the POTUS to waive the examination of such officers in the pay dept of the Navy as are on duty abroad and cannot at present he examined as required by law; provided that such examinations shall be made as soon as practicable after the return of said officers to the U.S.; and no officer found to be disqualified shall receive the promotion contemp ated in the act referred to. The bill was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed.
Mr. DARLING mtRtv the bill was passed; upon the table. agreed to. PUBLIC BUILDINGS.
Mr. ALLEY, from the comPostOffice, reported back a communication from the PostMGenl in reference to public buildings; and the same was referred to the ComAppropriat. ABBLARD GUTHRIE.
Mr. SCHENCK, by unanimous consent, moved that the ComAppropriat be discharged from the further consideration of the meiuorial and claim of Abelard Guthrie, and that the same be referred to the ComClaims. The motion was agreed to. SMITHSONIAN GROUNDS.
Mr. LATHAM, byunanimous consent, from the committee ou PublicBuildingsandGrounds, reported a JtResolution that the ComrPubBldg and Grounds be authorized to employ 3 additional watch men for the Smithsonian grounds; which was read a 1st and 2nd time.
Skip Skip The JtResolution was orderengross and read a 3rd time; and engrossed, being it was accordingly read the thir time and passed. Mr. LATHAM mtRtv b which the JtResolution was passed; upon the table. agreed to.
Mr. LATHAM moved that a communication on the same subject be referred to the ComAppropriat. The motion was agreed to. NEWYORK HA RBOB.
Mr. RAYMOND, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remlved. That the ComCommercebe instructedto inquire into the expediency of providing for the removal or destruction of the sunken wreck obstructingnavigation at the entrance of NewYork harboreastof Sandy Hook.
The Speaker stated the regular order of business to be the calling of committees for reports of a private nature. LEAVENWORTH PUBLIC PARK.
Mr. SCHENCK, from the ComMilAffrs, reported back House bill No. 447, to authorize the SecyWar to sell a portion of the Fort Leavenworth military res ervation to the city of Leavenworth, in the State ofKansas. for a public park. with amendments. The bill authorizes the SecyWar to sell 100 acres of the Fort Leaven worth military reservation, in the State of Kansas, to the city of Leavenworth, in said State, for the perpetual use and benefit of said city for a public park at a price at which the land adjoining thereto was appraised and sold undertreaty with Delaware Indians of May 6, 1854. 1st amendment: In line 4 strike out the words " 100 and acres" insert “not exceeding 160 acresin the southeasternpart."
Skip Skip The amendment was agreed to. 2nd amendment: In line 6 ufter ‘the word “ perpetua"insert “and exclusive.” The amendment was agreed to. 3rd amendment: Strike out all after the word ".nrk" at the end of the 6th line downto and ine lu in; the word " for" in the 10th line and insert "at a price not lessthan $20oper acre." The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the bill was passed; upon the table. agreed to. LEAVENWOHTH HORSE RAILROAD.
Mr. SCHENCK, from the same committee, reported back House bill No. 448, to authorize the construction of a railroad through certain lands of the U.S. in Kansas, with amendments.
Mr. SCHENCK. It is entirely private and local. It is a bill to construct a horse railroad through the military reservation at Fort Leavenworth.
The Speaker. It is a private bill. The amendments re.orted by the committee, being verbal in their c iaracter, were agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed.
Mr. SCHENCK mtRtv the bill was passed; on the table. agreed to. CATHERINE WELCH.
Mr. SCHENCK, from the ComMilAffrs, reported back House bill No. 486, for the relief of Catherine Welch, with a substitute and a written report. Thesubstitute provides thateatherineWelcli, Widow of the late John Welch, of company E, 26th regiment Illinois volunteers, be authorized to receive the bounty, back pay, and allowances due to said John Welch without b eiu required to make other or further proot of is eath than that already furnished.
Mr. COOK. I call for the reading of the report.
The Clerk read the report, as follows: The ComMilAffr. to whomwas referred a bill for the relic of Catherine Welch, reipectfully report: hot it has been proven to their satisfactionthat (Md Catherine Welch was the wife of John Welch. late ii. private in companyE. twanty 6th Illinois volunteers: that he enlisted August 2.1861, served 3 yearsfaithfully, reenlistodasnveteran. served until October10, 1804.when hewassentto it hospital at Rome, Gcorgiu. Suffering from n diseaseof theeyes. which rendered him nearly blind. In thesamemonth he was transferred to a hospital at Nashville. Tun nessen. 0n the way the train was attacked by guerrillas and thrown from the trlwkt'flilllh‘vdeh was bruisedin the wreckof the cars, and in which the fight took placebetween the guerrillas and thesoldierson the train ho wasshotthrough the left thigh; hiscom‘ rpnitdacls conveyed him to Nashvilleand left himin hos November3. 1864. Since which time there is no i recordof any kind concerninghim. citherin hospital or elsewhere.nor has he been heardfrombyliis fam l ily or friends. That a diligent searchby the captain under whom he served was wholly ineffectual, no traceofhim could be found after his entrance into the hospital; his back pay and bounty hays never beenapplied for. It wasalso proven that saidWelch was a respectable man. of good habits and attached to his family and that his Wife and family are now in greatdestitutiop. The committee aresatisfied that said John Wcloli is dead and report a bill authorizing tho bounty, back pay, and allowancesdue to him to e paid to is widow. The substitute was agreed to; and the bill, as amended, was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. SCHENCK moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconSidei' be laid upon the table. agreed to. mourn UNITED s'rsrns ARTILLERY.
Mr. SCHENCK, from the same committee, reported adversely on the petition of soldiers of the 4th U.S. artillery praying to be discharged from the service, having enlisted to serve.during the war, and the same, was laid on the table. COLORED SOLDIERS OF TENNESSEE.
Mr. SCHENCK. The ComMilAffrs have instructed me to report adversely on the petition of certain colored soldiers of a Tennessee regiment, asking the same bounty that is now paid to white troups, their case having been already provided for by law. The petition was ordered to lie on the table. JOHN B. INNES.
Mr. SCHENCK. The same committee have instructed me to report adversely on the etition of John B. hues, and others, of NewYork cit y, praying for an equalization of boun ties. The petition was ordered to lie on the table. 'I OSEPH BLICK.
Mr. SCHENCK, from the same committee, reported adversely on the petition of Joseph Blick, father of Henry Blick, of the Iowa vol pnteers, the case having been already provided or. The petition was ordered to lie on the table. CALLING OUT THE NATIONAL FORCES.
Mr. SCHENCK, from the same committee, reported adversely on the JtResolution to amend the act of March 3, 1865, in relation to calling out the national forces, so as to make it up ly to a particular officer; and the same was or ered to ie on the table. 1 WILLIAM G. NELSON.
Mr. BLAINE, from the ComMilAffrs, reported a JtResolution for the relief of William G. Nelson. the JtResolution provides that there be paid to the claimant $1,000 for services in recruiting for the Union Army in East Tennessee during 1861 and 1862.
Mr. BLAINE. There is an accompanying report, which I ask to be read. The report was accordingly read. It shows that Mr. elson made 16 trips from East Tennessee to the rendezvous of the Union troops in Kentucky. a distance of 175 miles, overrugged mountains, and pilote at each trip from 100 to 130 troops, and in the undertaking was subjected to great personal danger.
Skip Skip The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. BLAINE mtRtv the JtResolution was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fons“, its Secretary, informed the House that the Senate had concurred with the House in the passage of House JtResolution No. 120, to extend to the counties of Berkeley and Jeffer son, of WestVirginia, the provisions of the not approved July 4, 1864, entitled “An act to restrict the jurisdiction of the Court of Claims, land to provide for the payment of certain demands for uartermaster’s stores and subsistence supplies furnished to the Army of the U.S.” CAPTAIN A. H. DYER.
Mr. BLAINE also, from the ComMilAffrs, reported back, with the recommendation that it do pass, a JtResolution for the relief of Catain A. B. Dyer,
Skip Skip Mr. BLAINE. upon which he demanded the previous question. The previous questionyas 2nded and the main question ordered. The ‘oint resolution was ordered to be engrosse and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. BLAINE mtRtv b which the JtResolution was passed; upon the table. agreed to. CHARLES M. BLAKE.
Mr. BLAINE also. from the ComMilAffrs, reported back, with the recom‘ mendation that it do pass, a JtResolution for the relief of Charles M. Blake, upon which he demanded the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. BLAINE mtRtv the JtResolution was passed; on the table. agreed to. ACTING ASST SURGEONS IN THE ARMY.
Mr. BLAINE also, from the ComMilAffrs, reported back. with the recommendation that it 0 not pass, bill of the House No. 608, relating to acting asst surgeons in the U.S. Army. The bill was laid on the table, and, with the report, ordered to be printed. EDWIN CROUSE, ET AL. On motion' of
Mr. KETCHAM, the ComMilAffrs was discharged from the further consideration of JtResolution H.R.No. 100, ordering the names of 1st Lieutenants Edwin Crouse, Jesse W. Dungan, and Joseph Parker, to be placed and borne upon the muster roll of the U.S.; and the same was laid on the table. JOSEPH PARKING.
Mr. KETCHAM also, from the ComMilAffrs, reported back, with the recommendation that it do pass, a JtResolution for the relief ofJoseph Parking.
Skip Skip The JtResolution was orderengross and read a 3rd time; and engrossed, being it was accordingly read the thir time and passed. Mr. K TCHAM mtRtv the JtResolution was passed; upon the table. agreed to. 37TH IOWA VOLUNTEERS.
Mr. KETCHAM also, from the ComMilAffrs, reported back, With the recommendation that it do not pass, bill of the House No. 18, for the relief of the members of the 37th regiment of Iowa volunteer infantry; and the same was laid upon the table. Mr. ALLISON subsequently entered a mtRtv the bill was laid upon the table. SIGNAL CORPS OFFICERS MOBILE BAY.
Mr. BINGHAM. from the ComMilAffr, made an adverse report upon the memorial of the officers of the signal corps engaged at Mobile bay in 1864 for an amendment of the prize laws of the U.S., so that they may receive a just share of the prize money awarded by the government to officers of the Navy for the capture of the rebel war steamers Tennessee, Selma, Gaines, &C.; which was laid upon the table and ordered to be printed. RELIEF OF VOLUNTEER OFFICERS.
Mr. SITGREAVES, from the ComMilAffrs, reported a bill for the relief of certain officers in the volunteer service who failed to make proper returns of stores and other public property; which was read a 1st and 2nd time. The bill provides that any company or regimental officer of volunteers in the late war who has failed to make returns of ordnance, ordnance stores, camp or garrison equipage, or other public property in his charge or possession prior to the 1st quarter of" the year 1863, shall be exonerated from making such returns upon filing his affidavit, or making satisfactory proof,under such regulations as the SecyWar may establish, that his failure to do so was occasioned by reason of his not receiving specific instructions, or being furnished with proper blanks, or because of the capture of the property by the enemy, its loss in transportation, or by some other unavoid able accident or circumstances, or that such property was turned over to others for use in the military service, and disposed of for the best interests of the Government, and that no part thereof was in any ease up lied to his private use or gain, directl or in irectly. The bill was ordered, to he engrossed and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. PAY FOR HORSES LOST IN THE SERVICE.
Mr. SITGREAVES, from the ComMilAffrs, made an adverse report upon the bill (H.R.No. 74) to amend an act to pay officers and soldiers for horses lost in the service; which was laid upon the table and ordered to be printed. PAY FOR PROPERTY DESTROYI'ID.
Mr. SITG REAVES, from the ComMilAffrs, also made an adverse re iort upon.the bill (H.R.No. 190 to amen an act to provide for the payment or horses and other property destroyed in the military service of the U.S., approved March 3, 1840; which was laid upon the table and ordered to be printed. MOUNTED TROOPS or DAKOTA.
Mr. SITGREAVES, front the ComMilAffrs, also made an adverse report upon a resolution referred to that committee relating to certain mounted troops of Dakota who furnished horses to the Government without coui nsation; which was laid upon the table an ordered to be printed. PAY FOR USE OF HORSES, ETE.
Mr. SITGREAVES, from the ComMilAffrs, reported back House bill No. 156, to amend the 9th section of the act entitled " An act toincrease the pay of soldiers of the U.S., and for other purposes, " approved June 20, 1864. The bill was read at length. It provides for reviving, in‘an amended form, so much of the act approved July 2, 1861, which was repealed by the 9th section of the act ofJune 20, 1864, as alled 40 cents perday for the use and risk of horses and horse equipments belonging to soldiers under certain circumstances. The bill was ordered to he engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. i' EZEKH'JL P. MULFORD.
Mr. SITG REAVES, from the ComMilAffrs, also made an adverse report, upon House bill No. 254, for the benefit of i Ezekiel P. Mulford; which was laid upon the table and ordered to be printed. FONTAINE '1‘.FOX, JR.
Mr. SITGREAVES, from the ComMilAffrs, reported ajoint. resolution for the relief of Fontaiiic T. Fox, jr.; which was read a 1st and 2nd time. i The JtResolution was read at length. It i directs the proper accounting officers of the 1 Treasury to pay to 'Fontaine T. Fox, jr., late I aide decamp to Brigadier General w. T. ward, a sum equal to the pay and allowance of a 1st lieutenant and aide decainp, from October 18, 1861, to April 3., 1862. the JtResolution was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. HORSES TURNED OVER TO THE GOVERNMENT.
Mr. SITGREAVES, from the ComMilAffrs, reported back House bill No. 540, in relation to claims for horses turned over to the Government, with an amendment. The bill provides that the QuarterMGen sha | cause the claims of officers and enlisted men for horses turned over to the GOvernment to be speedily examined, and if satisfied that the horse or horses for which claim is made were private property actually owned and kept in the service by an officer or enlisted man of the U.S. Army during the late war, and were turned over to the Government in obedience to the order of a commanding officer, or were left in the service at the time of the discharge, decease, or authorized absence of the owner, and appropriated to the use of the Government, whether the horses for which payment is claimed were mustered on the company rolls or not, then to report each case to the 3rd Auditor of the Treasury for payment. The amendment reported from the committee was to add the following section: Abife: That the valuation of such horses shall beestimated according to the irrespective value when turned over to or appropriated by the Government, which shall in no caseexceed the sum of $20oper head. The amendment was aDgreed to. The bill, as amended, was then orderengross and read a 3rd time.
Mr. UPSON. [would liketo understand to whom payment is to be made under this bill; and I ask that it may be again read. The bill was again read. The bill was passed.
Mr. SITGREAVES mtRtv the bill was passed; and also on the table. agreed to. LOSS OF HORSES AND BQUH’MENTS.
Mr. SITGREAVES, from the ComMilAffrs, submitted an adverse report upon House bill No. 659, entitled “An act amendatory of an act relating to the loss of horses and equipments in the military service of the U.S., " which was laid on the table and ordered to be printed. Jean 0. M’r‘ERltAN.
Mr. ANCONA, from the ComMilAffrs, reported back House bill No.474, entitled “ An act for the reliefof John C. Mc Ferran, of the U.S. Army, ” with a recommendation that it pass. The bill, which was read, provides that the proper accounting officers of the Treasury be directed to credit John C. McFerran, of the U.S. Army, with the sum of $1, 265, being the amount for which as asst oom missary of subsistence he erroneously receipted to Francis F. Thomas, an assteoiumissary, in excess of the amount actually paid over to him by Thomas at Santa Fe, in the Territory of NewMexico, in November, 1850. moved that the motion to reconsider be laid
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordin I read the 3rd time and passed. Mr. ANCONA mtRtv the bill was passed; on the table. agreed to. CHARLES M. 'STOUT.
Mr. ANCONA, from the ComMilAffrs, reported back House bill No. 641, entitled “An act for the relief of Charles M. Stout, late a 2nd lieutenant in company E, 7th regiment, Pennsylvania Reserve corps.” The bill, which was read, provides that the preper accounting officers of the War Dept be authorized and directed to cause to be stated the account of Charles M. Stout, late a 2nd lieutenant of company E, 7th regiment, Pennsylvania Reserve corps, and allow him pay and allowances as such officer from the date of his appointment by general orders of General Mo lellau, at Harrison’s Landing, Virginia, during the time he served as such, from August 1, 1862, to January 30, 1863, the time he returned again to the ranks as a private soldier; and that the amount be paid to said Stout or his legal representatives. The bill was orderengross and read a 3rd time; and being engrossed. it was accordingly read the 3rd time and posed.
Mr. ANCONA mtRtv the bill was passed; on the table. agreed to. PILOTS IN THE NAVY.
Mr. RICE, of' Massachusetts. I am directed by the ComNavAffrs to move that the committee be discharged from the further consideration of’a resolution of the House directing the committee to consider the expe diency of' counting pilots as officers in the Navy and allowing them extra pay and allowances, and to move that the same be laid on the table. The motion was agreed to. CAPTAIN JOHN FAUNCE
Mr. RICE, of Massachusetts, from the ComNavAffrs, made an adverse report upon JtResolution H.R.No. 42, for the relief of“Catain John Fannce; which was laid on the tab e. HYDROGRAI‘HIC OFFICE.
Mr. RICE, of massachusetts. I am instructdd by the ComNavAffrs. to report back, with an amendment, Senate bill No. 74, to establish a hydrographic office in the Navy Dept. he bill, which was read, provides that there shall be a hydrographic office attached to the Bureau of Navigation, in the Navy Dept, for the improvement of the means for navigating safely the vessels of' the Navy and of the mercantile marine, by providing, under the authority of the SecyNavy, accurate and cheap nautical charts, sailing directions, navigators, and manuals of instructions, for the use of all vessels of the U.S., and for the benefit and use of navigators generally; that the SecyNavy be authorized to cause to be prepared at the hydrographic office attached to the Bureau of Navigation, in the Navy Dept, maps, charts, and nau tical books relatin to and required in navigation, and to publish and furnish them to navi gators at the cost of printing and paper, and to purchase the plates and copyrights of such existing maps, c arts, navigators, sailing directions, and instructions as he may consider necessary, and whenhe may deem it exedient to do so, and under such rules, reguations, and instructions as he may prescribe; and that the moneys which may he received from the“ sale of all such maps, charts, and nautical hooks shall be returned by the SecyNavy into the Treasury of' the U.S., to be used in the further preparation and publication of maps, charts, navigators, and sailing directions and instructions for the use of seamen and to be sold at the rates before set forth and that the sum of $15,000 be appropriated out of any moneys in the Treasury not otherwise appropriated for these objects.
The Speaker: The Chair sustains the int of order. It is a public hill, and cannot e considered at this time. COMMANDER CHARLES HUNTER.
Mr. GRISWOLD, from the ComNavAlfairs, reported back Senate bill No. 307, authorizing the restoration of Commander Charles Hunter. The bill authorizes the POTUS to restore Charles Hunter, late a commander in the Navy, to the position which he held on the retired list of the Navy when dismissed therefrom.
Mr. GARFIELD. I notice, from the reading of the Clerk, that the word “States” has been omitted.
Mr. GitlSWOLD. I move to insert the word “States” after the word “United.”
Mr. UPSON. For what was Commander Hunter dismissed?
Mr. GltISWOLD. He was dismissed on the complaint of the Spanish Gov'ernment for violating its territorial jurisdiction by chasing ashore on the island of Cuba the insurgent steamer General Husk alias Blanche. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. nLisHA w. DUNN.
Mr. GRISWOLD, from the same commit tee, reported back Senate bill No. 202, for the relief of Elisha W. Dunn, a paymaster in the U.S. avy. The bill directs the proper accounting 0E3 cers of the U.S. Treasury, in the settlement of the accounts of Elisha W. Dunn, a paymaster in the U.S. Navy, to receive and allow, where the proper vouchers cannot be obtained, statements verified by his oath, or such other satisfactory evidence as he may present, of all the expenditures made by him for the Government, or losses sustained by him in consequence of the destruction by fire of the money, papers, and property of the U.S. in charge of the said Elisha W. Dunn on board of the U.S. naval wharf boat at Mound City, Illinois, at the burning of that vessel on the lat of June, 1864. The bill was ordered to be read a3rd time; and itd was accordingly read the 3rd time and asse.
Mr. GRISWOLD mtRtv the bill was passed; upon the table. agreed to. CELESTIA P. HART.
Mr. GRISWOLD, from the same committee, reported a bill for the reliefof Cclestia P. Hart; which was read a 1st and 2nd time. The bill provides that the Secrets of the Treasury bedirected to pay to Celestia. Hart, widow of the late Naval Constructer Samuel T. Hart. the sum of $3,000 out of any money in the Treasury not otherwise appropriated, the same to be in full and complete compensation and satisfaction for the use of a gun ole. vating screw invented by the said Samuel T. Hurt and used in gun carriages of the U.S. Navy. The bill was orderengross and read a 3rd time, and being engrossed, it was accordingly read the 3rd time and passed.
Mr. CltlSWOLU mtRtv the bill was passed; upon the table. agreed to. CAPTAIN some.1.rouse. 1
Mr. ELDRIDGE, from the ComNavAffrs, reported a bill for the relief of Captain John J. 'oung, U.S. Navy; which was read a 1st and 2nd time. The bill directs the SecyTreasury to pay to Captain John J. Youngjhe pay of captain on the retired list of the Nav from August 12, 1804, to 10th March, 1865, deucting therefrom all moneys which have been already paid him between the above dates. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. LIEUTENANT JOSHUA D. TODD, DECEASED.
Mr. ELDRI DGE, from the same committee, reported back Senate bill No. 57, for the relief of the heirs of Lieutenant Joshua 1. Todd, late 1 of the U.S. Navy, deceased, with the recommendation that it do pass. The bill provides that the proper accounting officers of the Treasury be, and they are hereby, directed to pay to James Todd, administrator ofJoshuu D. Todd, late of the U.S. Navy, deceased, the pay of a master in the Navy of the U.S. from the 17th of June. 1844, to the 10th of August, 1846, after deducting therefrom the amount already received b 'said Joshua D. Todd, deceased, as 1 passed mi ship man during said period, and the i said sum shal be paid out of any money in the Treasury not otherwise appropriated. i The bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed. JOHN K. HICKEY. 1
Mr. DARLING, from the ComNavAffrs, reported adversely n on House bill No. 507, for the relief of John. Hickey, i acting asst engineer U.S. Navy; and the same was laid upon the' table. J. JUDSON BARCLAY.
Mr. BANKS. from the ComForAffrs, reported a bill for the relief of J. Jud spn Barclay; which was read a 1st and 2nd time. The bill was read. It authorizes the payment to J. Judson Barclay, consul at Cyprus, of the sum of $3.000, the amount paid by him for expenses of his consulate.
Mr. BANKS. I call for the reading of the ort. The report was read. It states that Mr. Barclay paid out of his own funds $500 a year for 6 years past for guard hire and other services indispensable to his office, which expenses, in other consulates in the East, are borne by the Government. 'The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. BANKS mtRtv the bill was passed; upon the table. agreed to. WILLIAM A. WEST.
Mr. BEAMAN. from the ComTerritor, reported back House JtResolution authorizing the SecyInterior to settle the accounts of William A. West as marshal of the Territory of Nebraska, with a substitute. The substitute was read. It authorizes the proper accounting odicers of the Treasury to reexamine and adjust the accounts of William A. West. as marshal of the U.S. for the Territory of Nebraska, and allow him such sum as he may adjudge justly due for necessary expenditures made by him for rent of courtroom, furniture, stationery, and fuel. at ii fair and reasonable value, heretofore properly rejected by the accounting officer under existing laws because not sanctioned by said Secretary before the expenditure was made; provided that nothing in this JtResolution shall be construed as repealing or modifying the provisions of existing laws touching the duty and I‘O 'Territories, repo liability of marshals and that the accounting officers shall adjust the accounts in all other respects by the same rules as like accounts of other marshals are adjusted.
Skip Skip The substitute was agreed to; and the JtResolution, as amended. was ordered to be eu grossed and read a 3rd time: and being engrossed, it was accordingly read the 3rd time and passed. Mr. BEAMAN mtRtv the JtResolution was passed; on the table. agreed to. U.S. COURTS IN MONTANA.‘
Mr. STROUSE, from the ‘Committee on back House bill No. 203, to regulate the fees of officers of the U.S. courts in the Territory of Montana, with a.recommendation that it do pass. The bill was read. It provides that the fees and emoluments of U.S. district. courts in the Territory of Montana shall here after he the same as are now allowed to such officers in the States of Oregon and Nevada.
Mr. SPALDING. I raise the point of order that this is not. a private bill.
The Speaker. The Chair sustains the point of order. It is a public bill, covering the whole Territory of Montana. ORDER OF BUSINESS. the SPEAKER called the ComInvalidPens for reports.
Mr. PERHAM. How much is there left of the morning hour?
Mr. PEltHAM. I ask unanimous consent that the ComInvalidPens be entitled to the next 2 morning hours.
The Speaker. Is there objection? The Chair hears none; and the committee will be entitled to the next 2 morning hours. MARY A. M’MANUS.
Mr. BENJAMIN, from the ComInvalidPens. reported a bill granting a pension to Mrs. Mary A. McManus, widow of aptain Andrew McManus, late captain of the 69th Pennsylvania volunteer infantry. The bill was read. It allows a pension at the rate of 20 dollars a month. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. BENJAMIN mtRtv the bill was passed; on the table. agreed to. SAMUEL DOMINICA.
Mr. BENJAMIN, from the same committee, reported adversely on House bill No. 534, for the relief of Samuel Dominica; which was laid on the table. 1 CONSTITUTIONAL AMENDMENT. The morning hour having expired, Mr. BINGHAM. I ask unanimous consent to introduce the followmg concurrent resolution relative to the constitutional amendment: Rerolved by the HoRep (the Senate concurring.)That the POTUS herequestedto transmit forthwith to the Executives of the several States of the U.S. copies of the article of amendment proposed by Connress to the State Legislature: to amend the Cnnstitution of the U.S., passed June 13, 1866. Respect imer citizenship. the basisof representation disqualification for office, the validity of the public debt of the U.S.! Jzo.to this end that the said States may proceedto not upon the said article of amendment and that he re uest the Executives of the States that may receive the said amendmentto transmit to the SecyState certified copies of such ratification.
Mr. LeBlOND. Does that resolution come in by unanimous consent?
The SPEAKER. The Gentfrom Ohio asked unanimous consent to introduce it.
Mr. LeBlOND. And unanimous consent has not been given. I will state to the gentleman that the resolution is wrong on its face. It requires the Executive to immediately send copies of the proposed constitutional amend 1ment to the different States, before the time allowed for the Executive to approve or reject I this amendment has elapsed. I am told by gentlemen here that the Executive is not required to sign this constitutional amendment.
Mr. RANDALL, of Pennsylvania. I rise to a point of order. I desire to know whether there is anything properly before the House.
The Speaker. If the Gentfrom Ohio Mr. Bureaus] states that he reports this from the ComReconstruction, ofwhich he is a member, then it is before the House.
Mr. LeBlOND. I understand that the Constitution provides that all bills and JtResolutions shall be sent to the Executive for his approval or rejection, and that no exception is made in regard to a constitutional amendment; and the practice has been to submit constitutional amendments to the Executive.
Mr. BINGHAM. Will the gentleman say when ‘I
Mr. LeBlOND. Under the administration of Mr. Buchanan there was a constitutional amendment submitted to the Executive and was approved by him. And during the administration of Mr. Lincoln there was also a constitutional amendment passed and submitted to the Executive for approval.
Mr. BINGHAM. would ask the gentleman whether he is aware of the fact that the 12 constitutional amendments reported by the 1st Congress of the U.S. were sever submitted to or approved by the Presient.
Mr. LeBlOND. I am aware that in the early history of this country the record shows nothing upon the subject. That is the truth about it; it does not show that they were ap groved or rejected, or that they went to the xeeutive or did not go. But it is a fact and the gentleman cannot escape it, that the constitution makes no exception in the matter whatever. Now, what objection is there to changing this resolution so that it shall require, in the event that the Executive shall approve the constitutional amendment, that he shall send copies of the same to the Governors of the States? I hold that the Constitution is explicit upon the subject, and that while it requires a 2/3rd s vote upon a proposed constitutional amendment, it does not become Effective until it has the approval of the Presient. As the object of this resolution is to avoid another veto from the Executive, I shall object to its introduction at this time, and when it comes in Mr. BINGHAM. If the gentleman objects why does he argue it?
The SPEAKER. If the Gentfrom Ohio [Mr. Li: BLOXD] makes the point of order, as the Chair understands he does, that the amendment must be submitted to the President
Mr. BINGHAM. What point, then, does the gentleman raise?
Mr. LE‘ BLOND. I intend to raise the point when it. does come before the House.
The Speaker. The Chair understands the Gentfrom Ohio [Mr. Ls Bimm] as having raised the point of order on the specific grounds stated by him. The argument that he has made is based upon the objection, and the Chair holds that the objection, if based on those grounds, is not good. The Chair has the authority of the SCOTUS for his decision, and supposing that the question would come up he has roeured the authority, and now has it before iim.
Mr. JOHNson. The Supreme Court never decided a question of order in this House.
Mr. LeBlOND. With all deference to the opinion of the Chair, and the authorities he has cited, I desire to say that the question the Chair has presented is entirely a new one. but not the one I made. The objection I make is to the recetion of the resolution at this time.
Mr. BI GHAM. Then I object to the gentleman’s discussing the resolution. And Igive notice that I will introduce it on Monday next under a suspension of the rules.
Mr. JOHNson. I desire to be heard a moment in reply to the speech of the Speaker.
Mr. WENTWORTH. I call for the regular order. The House, agreeably to order, resumed the consideration of House bill No. 550, for the relief of Jonathan Ball.
Mr. MYERS. When this bill was under consideration on last Wednesday. I withdrew iiiy deinaud for the previous question in order that several gentlemen might be heard. I propose iiow to renew the demand for the previous question. Ifitshall be 2nded, I will yield or any interrogatory which any gentleman may desire to propound.
Mr. DAWES. I To not desire, Mr. Speaker to enter anew into the discussion of this bill at this time; but I ‘wish to ascertain whether the Gentfrom Pennsylvania [Mr. will not consent to a postponement of mthYeERbSiIll for a few da s. The gentleman seems to think that I was mistaken in certain statements which I made to the House the other day; and what Idesire is an opportunity either to convince him that I was right or to say to the House that I was wrong. I am quite confident thatI was correct in those statements; but if the gentleman will consent to the postponement of the bill for a few days, I shall be in possession of evidence which will show that either he is mistaken or I am in reference to the facts of this case.
Mr. DAWES. I submit to the gentleman that there is nothing so ressing in t ie character of the case as to render itabsoliitely necessary to urge the House to vote upon it at this time
Mr. MYERS. I must interrupt the gentleman. I have already said that it the previous question be 2nded I will yield for any interrogatory. I now insist upon the demand for the previous question.
Mr. DAWES. The gentleman will allow me to make asingle remark. He does not. appear to appreciate the suggestion which I make. I suggest to him that there does not appear to be any necessity for insisting upon the previous question at this time; that there is in the nature of the bill nothing requiring that we should vote upon it today. I simply ask the gentleman to consent to thement of the consideration of the bil potislltponneext week, when I flatter myself I shall be able to convince the House, beyond the peradventure of a doubt, that the statements which I have made with reference to the character of this patent, and its fruits during the 21 years of its continuance, are entirely correct.
Mr. WRIGHT. I desire to make an inquiry of the Gentfrom Massachusetts. 9.
The Speaker. Does the Gentfrom Pennsylvania [Mr. Mvsns] yield the floor? If so, to whom? 0
Mr. MYERS. Ihavedemanded the previous question, and I decline to yield at present to anyone. On s conding the demand for the previous question there were ayes 21, noes 55; no quorum voting.
Mr. MY RS. I yield now to the Gentfrom NewYork, [Mr. TAYI.OR.]
Mr. TAYLOR. I desire to ask the gentleman if he claims that the inventor of this patent has been a loser by it.
Mr. MYERS. The report in the case is very full, but I will new state that we found that he has not been sufficiently compensated, but. on the contrary very poorly compensated.
Mr. TAYLOR. The report seems to be very frank. It says that he has received $20, 431.
Mr. MYERS. Read the balance of the paragraph.
Mr. TAYLOR. I will do so. It is as follows: “And allowing $1,000 the year for the last 7 years for his expenses in traveling, a“nd services in and about his interest, " &c., he has only about 13,000 dollars left for all he has realized from his patent.”
Mr. TAYLOR. I shouldthink he had been very fairly compensated, and that is a very frank acknowledgment on his part.
Skip Skip LEAVE OF ABSENCE Mr. WARD. I desire to ask leave of absence for Mr. Rousseau for one week. No objection was made, and the leave of absence was granted. SELECT COMMITTEE APPOINTED.
The Speaker announced that he had appointed as the select committee on the assault on Hon. Jesus 13. Gmssmu. the following gentlemen: Messrs. Rures P. SPALDING of Ohio, NATHANIEL P. BANKS of Massachusetts, Jens Hcoas of Missouri, Hsuar J. RAYMOND of NewYork, and Jsuss K. Moonnsm of Pennsylvania. JONATHAN BALL AGAIN.
Mr. JOHNson. This case was before the Committee onvPatents during the 37th Congress, when I was upon the ComPatents. I had great doubts whether there was any merit in the claim, and it struck me then that it ought not to be reported favor ably upon, for this reason: that this improvement in the material of these water pipes of 20 years’ standing was not one that appealed favorably to Congress to give the control of it to one party. The great argument in favor of the bill is that the patentee was unable to satisfy the public of the usefulness of his invention, and therefore could not make as much money as he expected. Why, sir, he had as much trouble in satisfying the committee as he had the public at large, and therefore the claim went over board.
Mr. RANDALL, of Pennsylvania. I think this claimant is at.least entitled to a vote. He is of age, for he has been here 21 years. [Laughter.]
Mr. DAWES. I again appeal to the Gentfrom Pennsylvania [Mr. Mvsns] to allow me to make a motion to postpone the further consideration of this bill for one week. Mr'. MYERS. The gentleman appeals to me to permit a postponement of the bill for one week. Let me say that this'bill has been upon the Calendar for 2 months. The gentleman only asks its postponement in order that he may verify some oft e statements which he made the other day. I have taken upon myself to contradict those statements, in so far as they refer to the fact of this question being acted upon in the House before. Sir, the Globe will show that this House never did not i I on this question, either in the last Congress or ever received from his stock, and also all that | in any other Congress. They never voted on the merits. They never voted, either for this bill or against it. This is the 1st time it has been before the House for action. I prefer, then fore, that it should not be postponed. I think that these parties are entitled to action, without being required to wait to see if, peradventure, the Gentfrom Massachusetts can bring up anything against this just claim.
Mr. DAWES. The Gentfrom Pennsylvania seems to thin that I want time to show what was done in the last House upon this question. Sir, that is a matter of the smallest possible consequence. I stated to the House the other day that this bill was voted down in the last House. The gentleman says that it was not brought up. That is the only difference between him and myself. The fact is that the bill was brought u by the Gentfrom RhdIsland [Mr. ssexss] outhe last night but one of the session. He asked unanimous consent to report it, and I objected. He then asked a vote of the House on amotion to suspend the rules to enable him to report it, and the House refused to suspend the rules.
Mr. JENCKES. The House refilsed to sus. erlid the rules, and came to no vote upon the il.
Mr. MYERS. I would inquire how much of my hour there is left.
Mr. DAWES. I think I ought to be allowed time to thoroughly discuss this matter. I begged the gentleman to allow this subject to be postponed; bathe will neither consent to the postponement nor permit me time to explain the bill.
Mr. WRIGHT. I would ask the Gentfrom Massachusetts [Mr. Dawes] why he desires to have this bill postponed?
Mr. DAWES. I have already stated to the House thatif I had time I would bring for ward i'imple proof that the patent in question had realized a fortune.
Mr. MYERS. I will allow the gentleman 20 minutes more of my time.
Mr. DAWES. I prefer to take my seat and appeal to the House to allow me the floor in my own right.
Mr. MYERS. In order that this matter may be disposed of at this time by the House, and not be postponed and take up another hour or two, as we iine w all the facts now, I will yield to the gentleman. I am perfectly prepared to meet the case now on its merits.
The Speaker. If the Gentfrom Pennsylvania [Mr. Mums] surrenders the remainder ofhis time as he has had 2 hours upon this bill as soon as his hour expires the Chair will recognize some member opposed to the bill as entitled to the floor in his own right.
Mr. MYERS. I will yield to the gentleman all the remainder of my time but 5 minutes.
Mr. DAWES. How much time will that be ‘I
The SPEAKER. The Gentfrom Pennsylvania [Mr. Mrims] has 24 minutes of his hour stilf remaining.
Mr. MYERS. If the Gentfrom Massachusetts [Mr. Dawns] had added to his remarks. that be trusted that hereafter there would be no ComPatents in either House of Congress, perhaps the members of that committee, if not the public, would have been obliged to him. I have listened to the gentleman attentively; I have given him all the time he desired, and what he said at the end of that time is just what he said at the beginning, and amounts to nothing as an argument against this patent. The statements reported by the committee have not been controverted, that this patent has not had a full existence before the public; that this is an exceptional case; that no matter what may have been the case before, if this extension is iven it will be for the sole benefit ofJonathan Hall; that this inventor is a public benefactor and has not been rewarded Now, if this House could rosepeerly. the samples presented to the ComPatents, the one a specimen of the old iron pipe, taken up after a few years all incrusted With rust and dangerous to health, the other a sample of the patented pipe taken up after 13 yearsiii good condition; if they could hear the aflidai’its tees. THE oonoannuosii.oL0Bn before us that thisarticlc did not get into public
Mr. MYE ltS demanded the yeas&nays. use generally during the existence of the patent; that up to this time but 33 towns and illages in the U.S. have'been induced to use it and the public now desire to use itif they had all that before them, I think they would vote to sustain the committee, as I hope they will now. The objection amounts to this: a gentleman appeared before the committee who claimed that he had a better right to the patent. We thought he ought to try that fact, and we referred him to the courts. It is no argument against this bill to say that this or that company has entered into this business. But if there be such we guard their rights, while we so to this public benefactor that as the public di not.ap preciate his invention at 1st, that years had to expire before its merits could be tested, he shall have the benefit of his great invention for 7 years longer, and so far as our votes go he shall have the chance for compensation the law originall intended he shoult have. I now yiel to the Gentfrom NcwYork, Mr. Davrs] with the understanding that when e shall have concluded his remarks he will renew the call for the previous question.
Mr. DAVIS. Iwil do so. Mr. Speaker, it appears to me that the report of the ComPatents is liable to one prominent objection. I am willing to do whatever is just and necessary for the protection and encouragement of inventive genius; but where the inventor, from the nature of his invention or from carelessness, suffers his patent to expire so that the right to use it becomes public propei ty, I think we should never grant to any such inventor any extension whatever without. fully and completely guarding all the rights of those who may have engaged in the manufalcture of the article after the patent had exire. y reference fo the bill I find the following proviso: Provided. That nothing herein containedshall be so construed as to hold responsibleany persons may who havemadeor used said invention betweenthe expiration of the patentand the approval of thisact. Now when did this patent expire? Mr DAWES. It expired in December last.
Mr. DAVIS. Persons have engaged in the manufacture of this article; as soon as the patent expired men embarked their capital in the manufacture of these water pipes, and there is in this bill no greater protection afforded to theirinterests than that which I have just read. The moment the patent expired it became public property. Capital was invited under the law to invest in the manufacture. This congress, therefore, has no right to say to those who embarked their capital in it that they shall be subject hereafter to this proposed heavy tax. Congress has no right to say to those who have engaged in this manufacture that they shall immediately stop Operations or agree to the terms dictated by the parties for whose benefit this bill is passed. believe in no such legislation as that. I do not know that I have anything further to say, except to referto the fact that we are all aware inventors as a general thing secure the full benefit of their inventions, as the generally sell out to others. such is the history of inventive genius. In this case, the party havmg secured his patent under the laws of the U.S., parted with 3/4ths of his interest in it, and therefore this legislation is mainly for the benefit of his associates. now, as I promised to do, call for the previous question.
Skip Skip Mr. DAWES moved that the whole subject he laid upon the table. The house divided; and there were ayes 78 noes 28. ldr. MYERS demanded the ycas&nays. The yeas&nays were not ordered. So the motion was agreed to. Mr. DAWES mtRtv the whole subject was laid upon the table; upon the table. I if tomorrow be set apart for general debate. The cats&nays were not ordered. The atter motion was agreed to. ENROLLEDJtResolution.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled JtResolution H.R.No. 143, making an appropriation for the repair of the Potomac bridge; when the Speaker signed the same. RECONSTRUCTION. The House then resumed, as the special order, the consideration of bill of the onse No. 643, to restore to the States lately in rebellion their full political rights, upon which
Mr. RAYMOND. Mr. Speaker, I understand there are one or 2 other gentlemen who desire to be heard on this subject at this time, and as it will suit my convenience better, and I resume that of the House as well, to say what have to say on Monday next. I yield the floor for the present; and I hope it will be the understanding the subject shall go over until Monday next, when I shall have the floor. I suppose tomorrow will be devoted to generul ( ebato on the President’s message. I make that motion now.
Mr. BINGHAM. Let the discussion of this bill go on tomorrow.
Mr. RAYMOND. I prefer myself. to speak on Monday instead of tomorrow.
The Speaker. Several gentlemen desire to be heard as in ComWhole on the President‘smessage. The Gentfrom Indiana [Mia Jonas] is entitled to the floor Mr. RAYMOND. I understand that according to the usage, members who speak tomorrow can address themselves to any subject they choose. I move that tomorrow be set apart for that purpose.
The Speaker. The Chair will state that if the consideration of this bill is not finished on Mondayafter the morning hour, it will then come in behind the Army bill, which, by unanimous consent, is made the special order for Tuesday, and every day thereafter until disposed of.
Mr. RAYMOND. If it is necessar I will move that this bill be considered on i onday, and that it retain its place as the special order.
The Speaker. It will remain the special order, only if the debate is not concluded upon it it will then come in behind the Army bill, as that will come up on Tuesday to the exclusion of all other business. 'Mr. OItTH. I yield to the Gentfrom NewYork, [Mr. HALs] who desires to offer an amendment.
Mr. HALE. I move to amend the bill by inserting at the end of line ten, on page 3, the following proviso: Provided, however.That this act shall not be construed to deny the right of each House of Congress to be thojudge of the elections.returns, and qualificationsofits own members.orto prohibit the admission by either House of any memberdul elected and qualified, upontaking therequired out ofotiice at any time.
Mr. GLOSSBRENNER, from the ComEnrollBill, reported that the com' mittee had examined and found truly enrolled aJtResolution of the following title; when the Speaker signed the same: A JtResolution (S.R.No. 87) to provide for the payment of bounty to certain Indian regiments. RAILROAD IN WISCONSIN.
Mr. DON NELLY. I ask unanimous consent to take up Senate JtResolution No. 85, explanatory 0t and in addition to the act of May 5, 1864, entitled “An act granting lands to aid in the construction of certain railroads in Wisconsin.” I will state that a similar bill has been before the ComPubLands and has been unanimously agreed upon. The matter is a purely local one, and the del egation from Wisconsin are agreed upon it.
Skip Skip The JtResolution was accordingly taken up, read the 3rd time, and passed. Mr. DON NELLY mtRtv the bill was passed; and also moved to lay that motion on the table. agreed to.
Mr. DONNELLY. I now move to proceed to business on the Speaker‘s table. The motion was agreed to. ALEXIS GARDAPIER. The 1st business on the Speaker’s table was Senate bill No. 808, confirming the title of Alexis Garda ier to a certain tract of land in the county of rown, in the State of Wisconsin; which was read a 1st and 2nd time, and referred to the ComPrivLandClms. MARGARET A. FARRAN. The next business on the Speaker’s table was Senate bill No. 368, granting a pension to Mrs. Margaret A. Farran; which was read a 1st and 2nd time, and referred to the ComInvalidPens. OFFICERS IN THE NAVY. The next business on the Speaker’s table was Senate bill No. 269, to define the number and regulate the appointment of officers in the Navy, and for other purposes; which was read a 1st and 2nd time, and referred to the ComNavAffrs. SOLDIERS, CONVENTION IN PENNSYLVANIA.
The Speaker laid before the House the proceedings of a soldiers' State convsntion in Pennsylvania; which were referred to the ComMilAffrs and ordered to be printed. VIRGINIA 5. WILSON.
Mr. FARQUHAR, by unanimous consent introduced aJtResolution for the relief of Virginia S. Wilson, widow of the late Captain George W. Wilson; which was read a 1st and 2nd time, and referred to the ComInvalidPens. JOHN GORDON.
Mr. FARQUHAR, from the comPostOffice, by unanimous consent, reported back Senate bill No. 294, for the reliefof John Gordon, with a recommendation that it do pass. The bill was read. It authorizes the PostMGenl to pay to John Gordon, mes senger in the postoffice Dept, for extra services performed out of office hours during the administration of PostMGenl Campbell, any sum that be may believe him entitled to, at the rate ot'8250 per annum.
Mr. FARQUHAR. It is a bill from the Senate authorizing the PostMGenl to make such increase to the pay of this messenger asin his judgment he is entitled to, not exceeding $250 perannum. The facts are that he received $750 perunnum as messenger, and that he did extra service, while other parties doing the same service received $250 additional pay.
Mr. FA ltQUHAR. During the adminis tration of Mr. Polk 4 years.
Mr. PRICE. At $250 ayear that will make $1,000.
Mr. FARQUHAR. Other messengers doing the same service received that ay.
Mr. PRlCE. It is all wrong, gomg back so far.
Mr. WASHBURN, of Massachusetts. I ask the gentleman if messengers receive any higher pay than $750?
Mr. FARQUHAR. My information is that messengers performing at the same time this some extra service received additional pay.
Mr. WASHBURN, of Massachusetts. Several caseshave been before the ComClaims of messengers asking for increase of pay on the groun of having performed other service than messengers. '1heir pay, I understand, is $750, but in many caSes they have performed the duties of clerks instead of messengers, and accordingly they have come in after having performed those duties and asked for increase of pay. Now, I wish the House tounderstand this fact: that there are many claims of this sort presented, going back 3 or 4 years and In some cases an: or 8, and that invariably the ComClaims have reported adversely upon them, and for this reason, that the individual performing the duty of messenger understood that he was to receive pay as such, and was regularly paid the compensation allowed by law. Now, If we are to adopt the principle that the increase of pay is to be given 4 or 5 years after the duty has been performed, then we ought to do it in all cases, and where the ComClaims have reported adversely we ought to report favorably. I know nothing about this particular case. I do not believe in singling out these particular cases. This individual, l understan, was receiving a salary as messenger, and now you propose to go back and pay him for 4 years’ extra service at $250 a year. You make a recedent. There are 50 cases of this kint in the PostOtiice, Treasury, and Pension Depart!ments.
Mr. HARDING, of Illinois. We established the same precedent yesterday in the case of the examiners in the Patent Office.
Mr. ALLEY. I hope this billwill be passed. I think this is a very just claim. The circumstances, I understand, are these: this man is a very worthy person. He has been the 1st mes senger in the postoffice Dept tor many years, and he is an exceedingly faithful and competent man. He has performed extra services, which we consider should entitle him to an increase of pay to the amount of $250 perannum. He has done it out of office hours, at the express desire of the PostMGenl, with the understanding that he was to have extra pay. He has performed other extra service in distributing stationery for several years for which he has never charged a cent, while others, who performed the same service, have received exra pay. This is a case of so much merit, and all the persons connected with the Dept 're garded it as so just, that they told him he ought to demand this extra pay, and to see to If that it was deferred no longer. He accordingly appeared before our committee, and alter a hearing they were unanimously of opinion that theincrcased pay ought to be granted. I believe every person connected Will] the Dept considers that he ought to receive. a great deal more than he now asks, because he has not only performed the extra services for which this payis asked, but has performed other services independent of his duties as messenger. I assure the House that according to all the testimony given this is a case of very great merit, and one that ought to receive the sanction of this House.
Mr. BIN GHAM. I would inquire of the Gentfrom Massachusetts when this service was rendered, and when the demand for paiiment was made.
Mr. ALLEY. I will state for the information of the gentleman that it was performed for several years.
Mr. BINGHAM. When was the demand for yment 1st made? ALLEY. About 4 or 5 years ago, I think.
Mr. BINGHAM. When was the service rendered?
Mr. ALLEY. Some 6 or 7, or perhaps 8 years ago, I believe. This service was rendered, and the PostMGenl was asked to allow compensation for it. Ile declared his willinness to do so, but he had some doubt as to is authority in the matter, and referred this claimant to Congress.
Mr. Gordon went to Judge Collamer, who was at that time chairman of the Post Oliice Committee in the Senate, and told him all the circumstances of the case. Judge Collamer said to him, “Gordon, this is a very clear case and you ought to receive your pay all that you demand and a great deal more. When I was PostMGenl, ” he said, “ I paid for such extra services; and if I were now PostMGenl I should pay you for this extra service. Go to the PostMGenl and tell him that I say he ought to pay you for this extra service.” Gordon said that he did not like to do that, for he is an exceedingly mod est man. He never said anything to PostMGenl Blair in reference to the matter. When Judge Blair had retired from the postoffice Dept, the present PostMGenl said that in view of the action of the previous PostMGenl he desired that Gordon should make his application to Congress, expressing his willingness to recommend the payment of the claim. Hence this man came before our committee and asked us to report this bill, giving as a reason why he had not insisted upon payment before that he thought the expenditures of the Government were very heavy during war times, and that as long as he could manage to live without it he would not pr ss the demand, though he had a very large amily and needed the money very much.
Mr. TROWBRIDGE. I desire to make an inquiry of the chairman of the committee, [Mr. Arman] The bill, as I understand it from the reading at the desk, goes back as far as the PostMGenlship of Mr. Campbell, some 16 years ago. Does the bill provide that this man shall receive extra pay for all the time since? The gentleman speaks as if this service had been rendered continually from that time to the present.
Mr. ALLEY. This service has been rendered for several years. I do not know exactly when it commenced; but as I understand the bill, and if I am wrong my colleague upon the committee will correct me, it leaves it to the PostMGenl to pay such sum as in his jugJgJ ment shall be deemed equitable and right. BINGHAM. For what length of time?
Mr. ALLEY. For the length of tim dur i which the service has been performed.
Mr. BINGHAM. Does anybody know how lonItg?r. ALLEY. So long as the service was performed, whether for a longer or for a shorter time. The claim is of a character which ought to be paid, and I say that the length of time is no reason why compensation should be cut off.
Mr. WASHBURN, of Massachusetts. Will the Gentfrom Indiana [Ma Faaouuau] yiel to me a moment?
Mr. WASHBUItN, of Massachusetts. I do not wish to say anything in reference to this particular case; but I do say that because extra services have been performed by clerks or other individuals it does not necessarily follow that Congress should provide payment by special legislation. It willpbe reco lect d that formerly it was left optional with the heads of Depts to settle all claims of this kind; but at a later date Congress, by a Generallaw provided that no extra pay should be allowed for extra services of this kind. Why was this general law passed? Simply because it was ecmed proper that each individual employed in the different Depts of the Government should be hcl responsible for the discharge of the duties ispecially devolved upon him, and that he should not be called away from his regular duties to perform service for which extra pay would afterward be demanded. This was the reason which influenced Congress in passing the general law providing that it should not be legal for the heads of Depts in any case to allow pay for these extra services. Hence arises the necessity for parties making claims of this kind to come in here and ask special legislation. There are, I doubt not, 100cases of this nature before different committees of Congress, cases in which it is claimed that extra compensation should be granted on account of extra services performed. It is provided b a general law that pay shall not be granted or these extra services, yet it is now proosed that by special legislation we shall annu the provisions of that general law.
Mr. ALLEY. taken in that particular. apply to such cases as this.Mr. WASHBURN, of Massachusetts. This very same question has been before our committee in some half dozen cases and the reason given for presenting such claims to congress was that the general law did not permit the heads of the Depts to make allow an cefor such extra services. The law is spe I think In colleague is misThat law does not cihc.
Mr. ALLEY. The general law provides, as I understand and this was the opinion of Judge Collamer and the reason why he told this man to apply to the PostMGenltbat these cm loyes in the Depts cannot be required, during their regular hours of duty, to perform other service than that pertaining to their position, and that when they perform duty outside of office hours they shall not receive extra compensation where their salary is $2, 600 perannum, or more. This case does not come under that law, because the salary received by this man does not amount to $2, 500 perannum. In addition to that these services were performed outside of office hours. This man has been ke t on duty till a late hour, night after night, weei: after week, month after mouth I might say year alter year. He has been engaged sometimes till 9 or 10 o’clock in the evening; and sometimes he has been obliged to be on dut upon the Sabbath.
Mr. WILSON, of owa. With the consent of tIhe Gentfrom Indiana, [Mr. Fsnouuxnfl desire to ask him a question.
Mr. FARQUHAR. Before yieldingto the gentleman I ask that the bill be again read. The Clerk aflain read the bill.
Mr. WILSON, of Iowa. I desire to inquire of the Gentfrom Indiana, who has reported this bill, how much money it will authorize the PostMGenl to pay to this messenger.
Mr. BINGHAM. And for what number of years?
Mr. FARQUHAR. I will answer with pleasure. It will allow the PostMGenl to pay this man for the term of office of Mr. Campbell, and no longer, not exceeding the sum of $250 peryear.
Mr. FARQUHAR. Yes, sir; the gentle ff mla.ln will see that it does if he will read it care u y.
Mr. WILSON, of Iowa. Than I was led into a mistake in reference to the bill by the remarksof the Gentfrom Massachusetts i[Mr. Anni 11] the chairman of the committee or he basekthis claim upon the amount of labor this messenger has lad to perform our. of officc h0urs during the administrations succeeding that of PostMGenl Campbell. But it now appears that what is proosed is. that we shall compensate this man or extra services rendered as a messenger during the administration of Mr. Campbell. We are asked to go back, I do not know how many yearssome 16, I am told and pay to this mcs' senger some $250 a year extra for labor stated. to have been done out of office hours. Now, we must remember that at that time living in this city was very much cheaper than it is now; and yet many messengers are now living on the same amount of salary that was paid to this man at that time. This man could then save money out of his salary; but no man could do that now on a salary of $760 a year. It is proposed to go back and pay him for that time this extra compensation, leaving him to receive only this regular sala during the administrations which have succeeded. I think we should not establish a precedent of this character. I venture to say the estimate of the Gentfrom Massachusetts, [Mr. wASH BURN] that if this be passed it will be followed by 100 li e it, is not within one 20th of the number that will be presented. Should this case pass we will have these claims swarming here as the war claims did from all the southern States until the resolution was adopted reported by the Gentfrom Ohio, [Mr. DBLANO] chairman of the ComClaims. I think we should refuse to pass this in order that the employes of the Government having these old claims may understand they will not receive favor at the hands of Congress.
Mr. HARDING, of Illinois. I thought this principle should not be established yesterday. I thought so before the precedent was then established in reference to the asst examiners in the Patent office. I held then to the doctrine which has been so ably presented for our guidance by the Gentfrom Ohio. He has uttered maxims of wisdom and justice. These asst examiners in the Patent Office, at a salary of $1, 800 for the last 6 years, had received every dollar of their ay, and yet they came here yesterday with a bill saying, because they had done the duty of chief examiners, they should receive additional pay, and this House indorsed their application. The very men who voted in the affirmative then are now the loudest against the establishment of any such principle in this case.
Mr. DELANO. I did not hear the remark of the gentleman, but I desire to so that I was not present when the bill to which e refers was passed yesterday.
Mr. HARDING, of Illinois. Then I beg the gentleman’s ardon; I thought he was. I presume he will vote for this increase of pay. That is all the speech I wish to make.
Mr. HARDING, of Illinois. I beg pardon of the gentleman; it was the Gentfrom Iowa [Mr. ALLISON] to whom I intended to refer.
Mr. FARQUHAR. I beg leave to correct a statement, made inadvertently on his part by the chairman of the committee [MnALLsrj to the effect that this bill would extend further than the administration of PostMGenl Campbell. It is confined exclusively to the term of olIice held by him, which I understand was for 4 years from the 4th of March, 1858. The bill leaves it to the sound discretion of the PostMGenl whether this party during those 4 years was or was not entitled to pay for extra services. If the PostMGenl decides that he was entitled to pay for extra services, this bill limits the amount of such ‘pay to $250 perannum, making at the utmost $1,000. New, sir, I am surprised at the course of gentlemen here. When a proposition comes before the House to award extra compensation to a day laborer, they spring to the floor as though it were a question involving the very safety of the nation. And yet, yesterday, when a bill was before the House involving, not the sum of $1,000, but giving $2, 800 to each examiner of the Patent Oliice, these men who have served there for years, who are pensioned here in the Patent Office, and are found around these Halls exercising that influence which has not yet quite departed, these gentlemen sit silent in their seats, and I think that most of those who object to this proposition voted for that increase of ay.
Mr. WILSON, of Iowa. I would like to know to whom the gentleman refers in these remarks.
Mr. FARQUHAR. I refer to gentlemen who voted yesterday to increase the pay of examiners in the Patent Office.
Mr. WILSON, of Iowa. I supposed the gentleman was referring to some member who had made remarks here today. If he refers to the vote yesterday, he does not refer to me.
Mr. FARQUHAR. I do not refer to the Gentfrom Iowa if he did not vote for that proposition yesterday. If he did vote for that measure, my remarks apply to him.
Mr. WASHBURN, of Massachusetts. Will the gentleman put his finger upon one member who has spoken against this bill who did not vote against the measure to which he refers?
Mr. FARQUHAR. I am happy to hear the location of the gentleman; an in reference to those members to whom he alludes I with draw my remarks as being inapplicable to them. I new address to remarks to the good sense of the House; an I ask this House, which passed yesterday a bill for the benefit of these pensioned, broken down politicians, if today, when a proposition comes in here for the ben cfit of an honest, hard working man with ten or 12 children, who has served the government for from 12 to 15 years, and who has not only performed his own duties constantly and thoroughly, but has rendered also extra services, they will reject his claim? He showed the committee that he had performed his duties fully and completely for $750 a year; and he then satisfie the committee that he had performed extra services after hours and even upon the Sabbath day. A friend near me the ls me that he has 14 children. That is a still stronger reason to induce my friendfrom Ohio [Mr. DELANO] to give his support to the bill.
Mr. FINCE. I have here the record of the yeas&nays upon the passage of the bill yesterday, to which the Gentfrom Indiana has referred, and I nd both the' Gentfrom Iowa [Ma WILSON] and my colleague, who is chairman of the ComClaims, [Mr. DELANO] recorded as “not voting” on that proosition.
r. WILSON, of Iowa. I wish to state to the gentleman that yesterday I was detained from the House by business at one of the Depts until after the passage of the bill referred to. I will only say, in addition to that that if I had been here 1 should have opposed that bill, and I oppose this bill because it proposes to follow a the Iprinciple established yesterda.
Mr. FLINC. I trust the Gentfrom Iowa will give me credit for having afforded him an opportunity of explaining why his vote was not recorded yesterday.
Mr. WILSON, of Iowa. obli ed to the gentleman.
Mr. FARQUHAR. It is within my personal knowledge that the Gentfrom Iowa was kept away from the House for the reason that he has stated. But, sir, the argument which the gentleman has made against this bill falls to the ground, in view of the facts of the case. He has argued upon the supposition that this bill provides for paying this man $250 a year fort e last 20 years. He was misled by the statement oft e chairman of the comPostOffice, [Mr. ALLEY.)
Mr. WILSON, of Iowa. I do not expect to look over the notes of my remarks, but the gentleman will find, when he looks at the report of what I said in the Globe that before I made objection at any length to this bill be called for the readin of the bill and stated that the Gentfrom assachusetts had misled me; and I then directed my remarks to the bill as it existed.
Mr. FARQUHAR. Several gentlemen were conversing with me at the time, but I tinder stood the gentleman to be objecting to the bill under a miss rehension of its features.
Mr. ALLE. Allow me a word of expla nation. I have not charge of this bill, and was not aware that it was worded as it stands. I was informed by the party interested that the amount claimed wou d be about 1500 dollars, extendin over a sufficient period of time to amount to that sum. If the bill is drawn as the gentleman suggests, I think there must be some mistake. e as charge of the bill, however, and is better Certainly; I am informed on the subject than I am. But that was in im ression.
Mr. AI QUHAR. I refer to the resolution itself, in order that there shall be no misunder standing in regard to its construction. It provides that the PostMGenl be out 10rized to ‘pay, out of an money not otherwise appropriated, to John rdon, a messenger in performed during the administration of PostMGenl Campbell, any sum he may believe him to be entitled to at the rate of $250 perannum. It will be observed that this is for extra serviccs performed out Of office hours, during the administration of PostMGenl Camp bell, which, as I understand it, ceased on the 4th of March, 1857. Mr. Campbell was PostMGenl under the Administration of President Pierce. Now, sir, I desire to state, in addition, that not only did this man perform extra services out of office hours, but I‘have assurances from reliable sources that he acted as the officer whose duty it was to disburse the stationery during the whole of this time, for which service he has never received one dollar, while other gentlemen, occupying similar positions in other bureaus, have received 8150 perannum for the disbursin of stationery. Sir, I have said much more than I intended in regard to this question. I now submit it to the House, and emand the previous question on the JtResolution.
Skip Skip The previous question was 2nded and the main question ordered. The JtResolution was ordered to a 3rd reading, and it was accordingly read the 3rd time. Mr. FARQUHAR. I demand the previous question on the passage of the JtResolution. The previous question was 2nded and the main question ordered. Mr. FAItQUHAR. I ask for the yeas&nays on the passage. The yeas&nays were not ordered. The question was put, and there were ayes 30, noes 63. So the JtResolution was rejected. Mr. SPALDING mtRtv the JtResolution was rejected; upon the table. agreed to. PERSONAL EXPLANATION.
Mr. DELANO. I was absent in my committee room when my colleague [Mr. Fmex] called the attention of the House to the fact I did not vote yesterday on the bill in referenceto the asst examiners of the Patent Office. If I had been present I should have voted against granting them additional compensation for services rendered in years that are passed. I will only add that my record is fully made up on the principle involved, and it is not in favor of extravagance of expenditure of the public money. HYDROGRAI’HIC OFFICE AGAIN.
Mr. RICE, of Massachusetts, by unanimous consent, reported back, with an amendment, from the ComNavAffrs, Senate bill No. 147, to establish a hydrographic office in the Navy Dept. The amendment was to strike out at the end of section 3, the following: And that the sum of $15.000be and is hereby, appropriated out of any moneysin the Treasury not otherwise appropriatedfor the objects hereiubefore recitedin this and the precedingsections.
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time and passed.
Mr. RICE, of Massachusetts, mtRtv the bill was passed; on the table. agreed to. PERSONAL EXPLANATION.
Mr. BENJAMIN. I desire to state that I was unavoidably absent day before yesterday, when'Yhe vote was taken upon the passage of the JtResolution proposing an amendment to the Constitution of the U.S. If I had been present I would cheerfully have voted in the affirmative. the postoffice Dept, for extra services, ssnouan JOINT assow'rrox 510mm. i
Mr. TROWBRIDGE, from the ComEnrolled Bills, reported that they had examined and found truly enrolled 11JtResolution of the following title; when the Speaker signed the same: A JtResolution (H.R.No. 130) to extend to the counties of Berkeley and Jclferson, of WestVirginia, the provisions of the act approved July 4, 1864, entitled “An act to restrict the jurisdiction of the Court of Claims and to provide for the payment of certain demands for quartermaster’s stores and subsistence supp ics furnished to the Army of the U.S.” WESTVIRGINIA wan CLAIM.
Mr. McKEE, by unanimous consent, from the ComClaims, reported back, with an amendment, Senate hill 0. 280, to reim burse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and paying military forces to aid in up ressing the rebellion. The amendment was to provide for 3 commissioners to examine the claim of WestVirginia instead of one, as provided in the original bill.
Skip Skip The amendment was agreed to. The bill, as amended, was then read the 3rd time and passed. Mr. HI] BBARD, of WestVirginia, mtRtv the bill was passed; on the table. agreed to. EXCUSED FROM COMMITTEE SERVICE.
Mr. MOORHEAD. I ask to be excused from serving on thcselect committee appointed this day to investigate and report in regard to an alleged assault u on a member of this case, as I am very muc engaged in service upon other committees. No 0 'cction was made. The EAKER subsequently appointed Mr. TBAYER to fill the vacancy. NORTHERN KANSAS RAILROAD.
Mr. LOAN. I ask unanimous consent to report back from the ComPacificRR Senate bill No. 145 for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph.
Mr. McRUER, by unanimous consent, from the comPostOffice. reported back Senate JtResolution No. 71, referring the petition and pa)BI‘S in the case ofJoscpli Nock to the Courtofblaims; with a recommendation that the House pass the same. The question was upon ordering the JtResolution to be read a 3rd time. The JtResolution provides that the claim of Ioseph Noel t for damages arising from and occasioned by the annulment of his contract to furnish locks and ke s for the use of the U.S. mail, an also for the use of said Nock’s patents in the manufacture of mail locks subsequent to such annulment, be referred to the Court of Claims for its decision in accordance with the principles of equity and justice; provided, that said court do not remder judgment for a greater sum than is named in the report of Solicitor Comstock to the U.S. Senate, under date of December 2, 1852.
Mr. BOUTWELL. Can the Gentfrom California EMF. Medusa] state to the House the amount named in the report of Solicitor Comstock?
Mr. McRUER. I do not recollect the precise sum, but I think it was something ike 2500 dollars. This is a claim which has been before Congress since 1839. There have been various reports made upon it; some for it and some against it. he Committepspf Claims of this Congress did not feel Willing to decide the question, and the Senato have passed a resolution referring the case to the Court of Claims.
Skip Skip The JtResolution was then read the 3rd time. The question was taken upon the passage of the JtResolution; and upon a division there were ayes 26, noes 23; no quorum voting. Tellers were ordered; and Messrs. McRuna and BOUTWELL were a pointed. The House again divided; and the tellers reported ayes 54, noes 40. So the JtResolution was passed. Mr. McRUER mtRtv the JtResolution was passed; on the table. agreed to. HENRIETTA O. GAHDINER.
Mr. COFFROTH. I am instructed by the ComInvalidPens to report adversely upon the petition of Henrietta O. Gar diner for a pension.
Mr. BLAINE. I move that this petition be recommitted. with instructions to the committee to report a bill for the relief of Mrs. Gardiner. Mr. Speaker, this case is peculiar. It is an application for a pension made by the widow of an officer named Farragut Gardiner, killed in the discharge of his duty in the revenue service. This application was presented at the last Congress, was favorably reported upon by the ComPensions; and a bill granting a pension to this lady was passed by this House almost unanimous]. I hold in my hand letters from Admiral arragut and Commodore Strin ham, both urging the justicc of the claim, and citing a precedent for the allowance of a pension in such a case. AsI understand sud I would inquire of the Gentfrom Pennsylvania [Mr. Corrnorn] whether such is not the fact the committee have in this case reported adversel upon the ground that there is no precedent or granting a pension to an officer in the revenue service.
Mr. COFFROTH. This application was by the committee referred to me as a sub committee for examination, and I reported to them in favor of granting the pension; but I was overruled by my colleagues on the committee, who, as I understood, based their action on the ground that this olIicer was an officer in the revenue service.
Mr. BLAINE. I ask that a short letter from Admiral Farragut, which was sent to me last year and was filed among the apers in the case, may be read at the Clerk’s esk.
The Clerk read as follows: Wssniso'rou. January 20.1865. MY DIAa SIB: I have the honor to inclose here with a note received from the wulow of the late Lieutenant Farrnznt Gardiner. of the U.S. revenue service.who lost his life in the line of his duty while boardingavessel 05 Charleston several years ago, leaving a wits and child in Portland. Maine, in most needycircumstances. As you Will perceive.she hasmentionedyour name as one who ins kindly undertaken to presenther claims before Congressfor relief in the shape of a pension, and calls upon me to aid her in the good work as the friend of her husband, who procnred his appoint mIcfnt in the service. it is in my power to affordyou any assistancein this benevolentwork nothing would give me more pleasure. I understand Congresshasbeen pleased to erupt apension undersimilar circumstancesto the widow of an officerlost inlIumboldtbay. I feel sat isfiedyour goodact in this matterwill ring its own reward.aswcllasthothanksofyour obedientservnnt, ARRA ‘T. ViceAdlmml U.S.: Navy. Hon.
Mr. BLAINE. This lady is in very destitute circumstances, and the pension recommended by the committee last year was a small one17 dollars permonth. The granting of the pension in this case cannot involve a very dangerous precedent, because cases of a similar kind must, in the very nature of things, be exceedingly rare.
Mr. THAYEH. The gentleman says that 17 dollars a month is a very small pension. I will ask him what pension a wounded soldier receives.
Mr. BLAINE. When I say that this is a small pension, I mean that it is not as much as the widow of an officer of similar rank in the Army would receive.
Mr. THAYER. It is 9 dollars permonth more than a.wounded soldier receives.
Mr. BLAINE. Does the gentleman consider this a very large pension?
Mr. THAYER. I consider it a very large pension if the case is to be made a precedent. I‘he proposition is now made for the 1st time to grant pensions to a class of persons who have never been pensioned before. The letter from Admiral Farragut, which has been read, is a very kind hearted letter, but it does not give a single reason why we should inaugurate such a recedent.
Mr. LAINE. Itmentions a case precisely in point, where an officer in the revenue service was lost in Humboldt bay, and where a pension was granted to his widow.
Mr. SPALDING. Does the gentleman expect that a pension shall be granted in the case of every officer dying in the civil service?
Mr. BLAINE. In this case the officer was killed in the line of his duty while boarding a vessel off Charleston a very different thing from merely dying in the service.
Mr. THAYER. Can the gentleman inform me when the other case which he has cited occurred?
Mr. BLAINE. I cannot. I refer the entleman to the letter of Admiral Farragut which has been read. I new demand the previous question.
Mr. PERHAM. I ask the gentleman to withdraw the previous question for a moment.
Mr. PERHAM. Perhaps I ought to state, in behalf of the committee, the grounds upon which it acted in this matter. Many cases have been presented to the ComInvalidPens asking for pensions in consequence of wounds received in the civil service of the Government. We have not acted favor ably on an of them. It was not thought proper that we should extend the provisions of the pension laws to those in the civil service; and the committee regard the revenue service as belonging to the civil service. No doubt this lady is worthy, and although Admiral Farragut may have sympathy for' her, as we might all have, we did not think it wise and proper to open the door for such a number of pensions as we would be likely to give to those who may have been injured or to the families of those who may have been killed in the revenue or other civil service of the government.
Mr. BLAINE. I renew the demand for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation there of the motion was rejected. JOHN N. HOCKADAY.
Mr. WASHBURN, of Massachusetts, from the Comnitttee of Claims, reported adversely on the petition of John N. Hockaday, praying for relief; and the same was laid upon the table. JONATHAN W. GORDON.
Mr. WASHBURN, of Massachusetts, from the same committee, reported back Senate bill No. 127, for the reliefo Jonathan W. Gordon, late major in the 11th regiment of infantry, with the recommendation that it do pass. The bill provides that the SecyTreasury be, and he is hereby, authorized and directed. in settling the accounts of Jonathan W. Gordon, late major in the 11th regiment ofinfantry, to allow him a credit of $600 on account of bounties paid enlisted men in accordance with the provisions of the act of July, 1862, but before that act went into effect. The bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed.
Mr. WASHBURN, of Massachusetts, mtRtv the bill was passed; upon the table. 'lhe latter motion was agreed to. CAPTAIN JOHN it. cuowntt.
Mr. WASHBURN, of Massachusetts, from the same committee, reported back Senate bill No. 278, for the relief of Captain John H. Crowell, asst quartermaster in the U.S. Army, with the recommendation that it do ass. '1he bill provides that the proper accountin officers of the Treasury Dept be, an they are hereby, authorized to allow Captain John H. Crowell, on a settlement of his accounts, a credit of $225 for so much money disbursed by him to persons in the service of the U.S., in payment for such services, the vouchers for which payment were captured by the rebels and destroyed in an attack upon the camp at Baton Rouge, Louisiana, where said John H. Crowell was stationed, on the 5th day of August, 1862, if, on examining the accounts of said Crowell, the QuarterMGen shall deem said Crowell justly entitled to said credit, and shall certify his approval thereofto said accounting officers.
Skip Skip The bill wasordered to be read a3rd time; and it was accordingly read the 3rd time and passed. Mr. WASHBURN, of Massachusetts, mtRtv the bill was passed; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Fonxsv, its Secretary, notifying the House that that body insisted on its amendments to House bill No. 492, making appropriations for the repair, preservation, and1completion of certain public works heretofore commenced under authority of law, and for other purposes, disagroed to by the House, and asked for a committee of conference. EQUALIZATION OP BOUNTIES. On motion of Mr. PERHAM, the ComInvalidPens was discharged from the further consideration of a resolution adopted by the Soldiers’ and Sailors’ National Union League, of Wisconsin, in favor of equalization of bounties; and the same was referred to the ComMilAffrs. EVIDENCE OF THE DEATH OF SOLDIERS.
Mr. PERHAM, from the ComInvalidPens, reported back papers in relation to the evidence of the death of officers and soldiers missing in battle; and the same, as provision was already made on the subject, were laid on the table. sown: CROUSE ET AL. AGAIN.
Mr. SHELLABARGER moved to recon sider the vote by which House JtResolution No. 100, ordering the names of 1st Lieutenants Edwin Crouse, Jesse W. Dnngan, and Joseph Parker to be placed and borne on the muster rolls of the Army of the U.S. was laid on the table. The motion was agreed to.
Mr. BINGHAM. I desire to say to myeol league that owing to an amendment in the bill in the Senate it will not cover this case. The case is the same in principle precisely as that already passed upon in the case without a division. I desire to say one'word further. Owing to the limitation of 30 days which, for politic purposes, it was thoughtfit to put into the Original bill, these soldiers will e really excluded from its operation.
Mr. WILSON, of Iowa. There are many other cases which will not be covered by that bill, and it seems to me the committee had better report a bill which will cover all these cases. If this goes through. I am afraid the seal of our friends will not be as great asif this were dependent upon a Generalbill.
Mr. ROSS. This ha better go to the committee. I object.
The Speaker. The time for objection has passed.
Mr. HALE. Has this bill been before any committee?
The SPEAKER. It has been before the ComMilAffrs. It was reported back by them, and laid on the table, and then reconsidered.
Mr. HALE. I move to refer it to the ComInvalidPens.
Mr. WILSON, of Iowa. I move to recommit it to the ComMilAffrs, with instruction to report a general bill cover in all cases of this kind.
Mr. ROSS. I ask for a division of the question. structions.
The Speaker. A motion to recommit with instructions is not divisible.
Mr. WILSON, of Iowa. I demand the previous question on the motion.
Mr. ROSS. I move to recommit without instructions.
Mr. SHELLABARGER. I appeal to the Gentfrom Iowa to allow me to make a statement about this case.
Mr. SHELLABARGER. It has been before the ComMilAffrs and they have reported adversely upon it. On 2nding the demand for the previous question, no quorum voted.
Mr. WILSON, of Iowa. I desire to make a suggestion, that the bill go to the committee with instructions, and with leave to report at an time.
Mr. WILSON,0 Iowa. I will say, then, without instructions and with leave to report at any time.
Mr. ROSS. I do not object to that. The bill was accordingly recommitted without instructions, and with leave to report at any time. I hope it will not be I would rather take JOSEPH B. proper. On motion of Mr. DELANO, the ComClaims was discharged from the further consideration of the petition and papers of Jose h B. proper, forindemnity for loss of property y Indians, and the same were referre to the ComIndAffrs.
Skip Skip LEAVE OF ABSENCE. Mr. WARD asked and obtained leave of absence for 2 weeks for his colleague, Mr. HART, and also for Mr. CLARKE, of Kansas. The Speaker. asked and obtained leave of absence for Mr. WRionT for one week. ADVERSE REPORTS.
Mr. DELANO, by unanimous consent, from the ComClaims, reported adversely upon the following cases, and they were laid upon the table: George C. Johnson, Ohio. Eliza T. Moreliead, DistCol. James Preston Beck, administrator, &c., NewMexico. James L. Johnson, survivor, &c., NewMexico. William TOwnsend, Ohio. The City of Omaha, Nebraska. M and B. H Bixby, NewYork. Eliza Jane Chaney, Maryland. Amzi L. Burns, Pennsylvania. Baptist and United Brethren Churches, Ty rone, Pennsylvania. Rufus P. awks, Georgia. And then, on motion of Mr. wILSON, of Iowa, (at 4 o’clock and 15 minutes p. m.,) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, June 16, 1866. The House met at 12 o’clock m. by the Chaplain, Rev. C. B. Borxros. The Journal of yesterday was read and approved.
The Speaker. By order of the House, no business is in order today except debate as in ComWhole on the president’s annual message, upon which the Gentfrom Indiana [Mr. JULIAN] is entitled to the floor.
Mr. MORRILL. I desire to give notice to the House that today, I think, is the last Sat urday of this session which the House will be able to devote to general discussion. Therefore I trust that members will make the most of it, and be prepared to work every other day while the session lasts, which I hope will be but a short time longer. MILEAGE OF MEMBERS.
Mr. GARFIELD. I desire to call the attention of the House to a matter which I presume may be of interest to every member here, and to give notice of a resolution which I design to offer on Monday next. Iwill ask the Clerk to read the resolution at this time for the information of the House.
The Clerk read as follows: Remlved. That the Committee on Mileage be directed to examine and report what discrepancy. any therc was between the amount of mileage cliiimed by membersnnd the amount allowed by the Mileage Committee of the 38th Congress and that the MileageCommittee of this House be directed in no caseto allow more mileageto anymemberthanll claimedbyhim.
Mr. GRIDER. I desire to say that in my opinion this resolution would do no good, but rather embarrass the committee.
The SPEAKER. The Gentfrom Ohio [Mr. GARFIELD] merely gives notice that lie proposes to offer the resolution just read on.Ionday next.
Mr. DAVIS. I simply desire to suggest. that the difficulty may have arisen from the Committee on Mileage adding to the distance trav cled by members in coming from and returning to their homes the distance traveled by them in passing between the tellers on votes in this House by a division. [Laughter]
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fons“, it Secretary, announced that the Senate had passed, without amendment, the bill (H.R. Yo. 482) entitled “An act to incor orate the Howard Institute and Home of the DistCol.” The message further announced that the Senate had passed the JtResolution (H.R.No. 52) to provide for the expenses attending the exhibition of the products of the industry of the U.S. at the Exposition at Paris in 1867, with an amendment, in which the concurrence of the House was requested. The message further announced that the senate had agreed to the amendment of the House to the hill (8. No. 307) entitled “An act authorizing the restoration of Commander Charles Hunter to the Nav.” The message further announced that the senate had passed bills of the following titles, in which the concurrence of the House was requested: An act (S.No.325) to give certain powers to the levy court of the county of Washington, in the DistCol; An act (S.No.290) to incorporate the National Life and Accident Insurance Company of the DistCol; and An set (S.No.137) to amend the acts approved August 6, 1861, and July 6, 1862, establishin a Metropolitan olicc in the District of Colum in, to increase the efficiency thereof, and for other purposes. PRESIDBNT’S ANNUAL MESSAGE. The House resumed, as in ComWhole on the state of the Union, the consideration of the President’s annual message; on which Mr. JULIAN was entitled to the floor. RECONSTRUCTION.
Mr. STEVENS. If the Gentfrom NewYork does not particularly desire to go on now, I ask him to yield to me for a few moments.
Mr. DAVIS. I will do so with pleasure. LOAN TO, REPUBLIC OF MEXICO.
Mr. STEVENS. I wish, Mr. Speaker, to say a few words, not upon the question of reconstruction so much as upon other national matters., As introductory to the remarks which I propose to make I ask the Clerk to read a resolution which I propose to offer (not for action at the present time) and move that the ComWhole on the state of the Union report it to the House with a recommendation that it pass.
The Clerk read as follows: Resolved.That the Committee on Foreign Alfairs be instructed to inquire into the propriety of loaning to the republic of Mexico, on proper security, 20,000,00 to enable said republic to prevent the overthrow of its Governmentand the establishment of a mounrchical Government on the continent of North America.
The Speaker. protempera, (Mr. CULLOM.) This resolution is read at. the present time only for information, as a part of the gentleman's speech.
The SPEAKER stated there were several gentlemen who wished to speak, but were not now prepared, and if there were no objection they could hand their speeches to the reporters to be printed in the Globe. There was no objection, and it was ordered accordingly.
JUNE 16 speeches, though speakers not identified here
Mr. DAVIS. Mr. Speaker, when I came to the House a telegram was handed to me an nouncinv the death of my colleague, Hon. JAMES Ifunrnnrar, of the 3rd congressional district of NewYork. He died this morning at his residence. The delegation from NewYork will hereafter decide what is proper to be done on the occasion. Now, as a mark of respect to his memory, I move the House adjourn. The motion was agreed to; and thereupon (at 4 o’clock and 5 minutes p. m.) the House adjo ur ne d. J'
@@@IN SENATE SENATE. MONDAY, June 18, 1866. Prayer by Rev. G. C. BALDWIN, D.D., of Troy, NewYork. On motion of Mr. WILSON, and by unanimous consent, rthe reading of the Journal of Friday last was dispensed with.
Mr. FESSENDEN, from the ComFinance, to whom was referred a bill (H.R.No. 513) to reduce internal taxation and to amend an not entitled “An act to provide internalrevenue to support the Government, pay the interest on the public debt, and for ot or purposes, ” approved June 30, 1804, and acts amendatory thereof, reported it with amendments.
Mr. HOWARD. from the ComMilAffrs , to whom was referred aJtResolution (S.R.No. 107) in relation to the purchase of certain lands at Point Lookout, Iaryland, for a military and naval hospital, &c., asked to be discharged from its further consideration; which was agreed to.
Mr. WILSON. The ComMilAffrs to whom was referred aJtResolution (H. No. 152) relative to certain guns captured in the late war, have instructed me to re art it adversely. I move that it be indefinite y postponed. The motion was agreed to.
Mr. WILSON, from the same committee, to whom was referred a JtResolution (S.R.No. 93) for the appointment of a commission to examine and report upon certain claims of the State of Iowa, reported it with an amendment. He also, from the same committee, to whom was referred a.bill (H.R.No. 448) to authorize the construction of a railroad through certain land of the U.S. in Kansas, reported it with an amendment.
Mr. LANE, of Indiana, from the ComMilAffrs , to whom was referred a JtResolution (H.R. No.160) for the relief of William D. Nelson, reported it without amendment.
Mr. POLAND, from the ComPatents and the Patent Office. to whom was referred a bill (H.R.No. 590) for the relief of William Mann and JacobSenneff,reported it. without amendment.
Mr. NESMITH, from the ComMilAffrs , to whom was referred a bill (S.No.332) to provide for the construction of a wagon road from White Bluffs. in Washington Territory, to Helena, in Montana Territory, reported it with an amendment.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of James P. Johnson, praying for compensation for services rendered as a vcternary surgeon in the Army, submitted a report, accompanied by a bill (S.No.3748 for the relief of James P. Johnson. The bil was read and passed to a 2nd reading. Mr. DAVIS, from the ComClaims, to whom was referred the petition of Joshua Jonesypraying for compensation forincidentat losses to himself by the occupation of his property by the U.S. Army, reported a vcrsely thereon. He also, from the same committee, to whom was referred a bill (H.R.No. 521) for the benefit of Henry Horne, reported it without amendment. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimoiia consent obtained, leave to introduce a bill (S.No.375) to amend an act granting a pension to the widow of the late Major General Hiram G. Berry; which was read twice by its title, and referred to the ComPensions.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 109) for the relief of Joseph Segar, of Virginia; which was read twice by its title.
Mr. WILSON. I have several papers accompanyin this JtResolution from
Mr. Segar; an I move the reference of the resolution, with the accompanyin papers, to the ComClaims, and so mit the matter to their consideration. The motion was agreed to. OPERATIONS 01‘ THE WESTERN ARMY.
Mr. WADE. I offer the following concurrent resolution, and ask for Its present consid cration: Remlved by the Senate.(the HoRep concurring.)That there be printed for t I: useof the members of the 39th Congress the reports of Major Generals William T. Sherman. George H. Thomas.John Pope, J. G. Foster, A. Pleasoaton.and. E. A. Ilitchcock, rnade to thojomt committee on the conductof“the war, together with such other proportl asmaybe received by the commencement of the next session of Congress. the same number and In the same style aswereprinted of the reports heretofore madeby said committee. There being no objection, the Senate proceeded to consider the resolution.
Mr. WADE. While the committee on the conduct of the war was in being, we had not much time to investigate the western cam paigns, and long before the committee expired we wrote to the generals In the West stating to them that we would like each of them to give us a narrative of what he thoughtwas Important. There was some comp atnt that our investigations had been made principally to regard to the eastern armies, and thereupon the committee requested the leading generals of the western armies to give us a narrative of the operations of the armies under their particular observation, and send It to as as soon as they could. At that time they were very much occn ied. Some of them sent to their reports car ier than others, but none of them in time to be bound with the report made by the committee. Their reports. which now have before me. contain a good deal of information that I think is of the greatest interest tolthe public. It will furnish most authentic material for history hereafter, because it is the statement of each of those leading generals of the events of the war coming immediately under his particular observation. The report of the committee will be very incomplete unless these reports be printed and bound in the same way that the others were. The resolution that I have offered is a concurrent resolution, because while we were a committee everything done by us was done by the concurrence of the 2 branches. I believe this report ought. to be printed, and I hope that it will be. I trust that the resolution will pass. It will tend to complete the work that we were engaged in, and it will to some extent dojustice to those who led our armies principally in the West, who were very much overlooked during that period by the committee.
Mr. FESSENDEN. I ask the Senator whether that will not come properly within the purview of a resolution that was offered the other day for the printing of all the doc uments in relation to the war. If so, it is hardly worth while to print it separately. I do not make any opposition to the resolution. I merely inquire for information.
Mr. WADE. I am not able to say about that; I do not know.
Mr. FESSENDENN. The resolution that we had up the other day provided for the printin of everything relating to the war, and) would include all the reports of the various generals; and I think that resolution would cover the printing of these re arts.
Mr. ANTHONY. That resolution has been suspended I understand.
Mr. WADE. I understand that the resolution providing for the printing of all matters connected with the war has been suspended for the present. I do not know what will come of that, nor am I aware that these reports would come within the purview of that resolution. These reports were made to the committee on the conduct of the war, and would have been embraced in their report and submitted with it it' they had come in earlier during the period that the committee was in existence. I know that some of these generals exerted themselves very much in order to I'urnishthese statements in season, but their multifarious cares and engagements while in active service prevented them from doing so. I presume that they will be exceedingly interesting matter to the public. The are not quite as technical as the reports me e to supertorofficers orto the Government, but enter into all matters of interest in which the public feel so much concern, and furnish matter for history. If these statements had come in time they would have been made a part of the report of the committee, and would lave given to the doings of the western generals that same notoriety among the people which other officers obtained who were engaged in the report of the committee.
Mr. It'ESSENDEN. Did the other generals make reports to the committee?
Mr. W ADE. The other generals were examined mostly. I believe there were exceptions to that, where we wrote to generals to make reports of what they were doing and what had been done; but generally the previous reports contained examinations under oath. These are not of that nature; they are narratives of the generals themselves, containing statements just as authentic, I suppose, as though they had been under oath, for they are all honorable men, and men of distinction. I leave the matter with the Senate.
Mr. FESSENDEN. I think the resolution had better lie over. It strikes me that this is rather an unusual proceeding. When the committee on the conuctof the war was organized it was with a view to examine into matters of question and report on things that seemed to require elucidation. But, this seems to be a history of the western campaigns, about which there was no question at all, and into which there was no specilic order to inquire. I do not think it was the object of “that committee to present a history of the war. It was only l l to inquire into matters which seemed to demand inquiry on account of some supposition that things had not been rightly conducted. This, however, is a very different thing; it is a mere statement by generals of their own personal experience. With regard to the previ ous statements reported by the committee, they were mostly depositions testimony taken under oath. There were very few of those generals whose testimony was given in the previ ous reports that wrote any history of their own transactions. I do not know that any question has been raised in regard to the propriet of conduct of any of the gentlemen who have made these reports. The proposition requires i consideration because it would seem to involve a considerable expense for printing. It strikes me that it requires a little more consideration than we can give it this morning.
Mr. WADE. What the Senator has stated is mainly true, but not. to the extent be has stated. Many of these generals were written to about matters interesting at the time and tending to the same result that the in uiries of the committee did upon matters which they were investigating; but they had not time, really, while they were acting in the field, to write out their answers to the committee’s inquiries in time to publish them to the world with the rest'. They are of the same character, except that they are not under oath, with the testimony of other generals, and are intended to elucidate points that were in controversy to some extent at the time. We did not ask them to write history, but we asked an answer to certain suggestions, long before the committee ended its work; but these generals being in the field, engaged in active operations, had not time to answer them; and now, when their on swers do come, I think they are interesting, and I think it is due to them that they should be published.
Mr. FESSENDEN. Did they not make their report to the Dept?
Mr. WADE. I suppose they did make the usual kind of reports to the Dept, but they were not, probably, of the character of these. They may have made dry and technical statements such as are generally made to the Dept. I think, in justice to the generals who have taken the pains to write us t tese statements, the public will be willing to defray the expenses of their publication, and do not wish to be debarred of the accounts which they give of the transactions in which they bore so prominent a part. I think the publication ought to be made, hutif the Senatejudge otherwise, so be it.
Mr. GUTHRIE. I believe that these reports ought to be published. That is my 1st impression, and I do not put very much distrust in the fact that they are not sworn to, as the others were. I think, however, the resolution had better go over, so that we may have a chance to think about it. I might come to a different conclusion in 24 hours; but I believe in having the whole matter of the operations of the Army published, including the account which those having charge of the operations in the West give of themselves.
Mr. POMEROY. Idid not understand from the Senfrom Ohio whether any estimate has been made in regard to the amount of this work, how many vo umes it will be, how expensive it will be, what amount of cost it involves.
Mr. WADE. I am told by those who know better than I do that these reports and some that are expected to come in for instance, GenlBurnside has not quite finished his report, but expects soon to send it in, and 2 or 3 more of the leading generals expect. to do so will probably make 2 volumes of about the same size as those that were printed by the committee on the conduct of the war, or perhaps not quite as large.
Mr. POMEROY. If it is only to be 2 volumes, perhaps we can stand it; but I did not know, from the size of the documents on the Senator’s desk, that it would not make halfa dozen volumes“
Mr. WADE. Not more than two, and rather less in size than those we printed before. So I am told. The resolution was agreed to.
Mr. BUCKALEW, from the ComIndAffrs, to whom was referred the me morial of Samuel Norris, submitted a report accompanied by aJtResolution for his relief. The resolution was read and passed to a 2nd reading.
Mr. HENDRICKS. Thatresolution is mere; ly to refer the claim to the Court of Claims, and I' believe the committee were unanimous about it. I presented the petition of this party early in the session, on behalf of a friend who was interested in the matter. The resolution is very short, and I presume there will be no objection to it. I ask for its present consideratioa. By unanimous consent, the JtResolution (S.R.No. 108) for the relief of Samuel Nor ris was read the 2nd time and considered as in ComWhole. It proposes to refer back to the Court of Claims, for examination and allowance, the claim of Samuel Norris. of California, for supplies furnished the Indians in that State under contracts made with certain commissioners, or either of them, to negotiate treaties with those Indians, and all papers relating thereto, with instructions to. the court that in tixing the amount to be paid to the claimant the rule shall be the actual value of the supplies furnished at the times and places of delivery, of which due proof shall be made by the claimant.
Mr. MORRILL. I should like to ask the Senfrom Indiana, what is the significance of the phrase “for examination and allowance ‘2”
Mr. BUCKALEW. The object of this res olution is to authorize the court to allow the claim. They were satisfied of its justice, but they reported against the legal obligation of the Government. This is simply to permitthe court to pass upon the merits of the case and pay the party the actual value' of the supplies furnishes.
Mr. MORRILL. Is it thought that the phrase “allowance” is necessary to confer jurisdiction?
Mr. BUCKALEW. The object is to remove the legal bar which the court reported in the former case; and the allowance of this claim is in accordance with 2 or 3 allowances by act of Congress.
Mr. MORRILL. I do not object to it. The JtResolution was reported to the Senate without amendment, orderengross for a3rd reading, read the 3rd time, and passed.
Mr. BUCKALEW. I move that the report of the ComIndAffrs in this case be printed in order that it may be accessible to the members of the House. The motion was agreed to. AMERICAN REGISTERS TO TESSELS.
Mr. GRIMES. I move that the Senate concar in that amendment. The motion was agreed to. WESTVIRGINIA MILITARY CLAIMS. The Senate proceeded to consider the amendments of the case of represeatatives to the bill (S.No.280) to reim urse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and paying military forces to aid in suppressing the rebellion. The 1st amendment was on page 1, section one, line live, to strike out the w“ords “ a commissioner” and insert the words 3 commissioners.”
Mr. VANWINKLE. I move that the Senate concur in that amendment. The motion was agreed to.
Mr. VANWINKLE. All the other amendments are consequential on the 1st amendment, and I move that the Senate concur in them as they are read. The next amendment was on the same page, line one, to strike out the word “ commissioner” and to insert “commissioners.” The amendment was concurred in. The next amendment was on the same page, in section 3, line 3, to strike out “ com' missioner” and insert “commissioners.” The amendment was concurred in. The next amendment was on the same page, in section four, line two, to strike out “ commissioner” and insert “ commissioners.” The amendment was concurred in. The next amendment was on the same page, in section 5, linc two, to strike out “commissioner” and insert “commissioners.” The amendment was concurred in. The next amendment was on the same page, ia' the same section, line 4, to strike out “he” and insert “they.” The amendment was concurred in.
Mr. TRUMBULL. These amendments are all of the same character, and I see no necessity for readin them.
The PRESIENTprolempore. it is proper that they should be read, in the opinion of the Chair. It would not be proper to call on the Senate to act on the amendments without having them read, unless a motion be made to that effect.
The Clerk read The next amendment was on page 3, section 6, line 1, to strike out “commissioner” and to insert “commissioners.” The amendment was concurred in. The nextamendment was in the same section, litre 3, to strike out “his” and insert “their, ” and in line 4 to strike out “he” and insert “they.” The amendment was concurred in. The next amendment was on page 3, in section 6, line 6, to strike out the words “ he" and “his” and insert in lieu thereof the words “they” and “their.” The amendment was concurred in. The next amendment was on the same page, section 6, line 8, to strike out “ he’ and insert “they.” The amendment was concurred in. The next amendment was on the same pay 9, in line 9 of section 6, to strike out t a word “his” and insert the word “their.” The amendment was concurred in. APPROVAL BILLS.
Skip Skip A messa efrom the POTUS, by Mr. Coorsn, hisSecretary. announced that the Presidenthad approved and signed, on the 15th instant, the toilowing act and JtResolutions: An act (S.No.328) for the relief of Mrs. Abigail Ryan; AJtResolution (S.R.No. 51) respecting bounties to colored soldiers, and the pensions, bonnties, and allowances to their heirs; and A JtResolution (S.R.No. 69) making an appropriation to enable the President to nego tiate treaties with certain Indian tribes. EDWARD StClAIR CLARKE.
Mr. ANTHONY. I move that the Senate pggceed to the consideration of Senate bill No. The motion was agreed to; and the hill (8. No. 283) for the relief of Edward StClair Clarke was read a 2nd time and considered as in ComWhole. It directs that in the settlement of the accounts of Edward StClair Clarke, as asstpaymaster U.S. Navy, there shall be allowed him the the sum of $4,022 on account of the loss of that amount of public funds in his hands, by theft, on the night of the 9th of May, 1863, the loss being without neglect or fault on his part. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. FRANCIS S. LYON. On motion of Mr. TRUMBULL the Senate, as in ComWhole, proceeded to consider the bill (S.No.373) releasing to Francis S. Lyon the interest of the U.S. in certain lands. It. proposes to release and confirm any interest which the U.S. have in the lands described in a deed executed by Wager Swayne, asst commissioner of the Bureau of Freedmen and Aban doned Lands. in the State of Alabama, to Fran cis S. Lyon, hearing date February 3, 1866. The bill was reported to the Senate, orderengross tor a 3rd reading, read the 3rd time, and passed. PACIFIC RAILROAD.
Mr. HOWARD. I move to take up Senate bill No. 317, relating to the Pacific railroad.
Mr. HENDRICKS. I ask the Senfrom Michigan ifhe would not be willing to yield to another motion. The bill which he now calls up cannot be disposed of during the morning hour, and I desire to move to ta to up the res olution of the HoRep fixing the time for the adjournment, in order to settle that question.
Mr. HOWARD. It will be time enough for that in the course of today or to ine rrow, I think we shall get through with this bill in a few minutes.
Mr. HENDRICKS. Of course, ifthe senator thinks We can soon get through with this bill. I shall not insist. The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the bill (S.No.317) to amend an act entitled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes, approved July 1, 1862, ” approved July 2, 1864, the question being on the amendment rpeepnodrtincg by the ComPacificRR, to insert as a new section: Sac. 2. Abife: That the Union Pacific Railroad Company, with the consent and approval of the SecyInterior, Wt hout reference to the 100th meridian of longi twuedset.waarerdh, aecrceobrydainugthorized to continue their road to the bestand mostpracticable route. in a continuous and unbroken line until they shall meetand connectwith the central Pacific railroad; and the Central Pacific Railroad Companyare hereb authorized to continue their road eastward, wear in: to the bestand most practicable route, in a continuous and unbrokenline until theyshall meet and connectwith the Union Pacific railroad: Provided. That the words “continuous and unbroken line" shall not be held to include necessarybridges and tunnels on the routesof said roads.
Mr. CONNESS. 'I prepared a substitute for that section, which I submitted on Friday last, when it was ordered to be printed. I have now modified it slightly, and ofier it as an amendment to the amendment. It is preared in accordance with the views of several gentlemen. I move to strike out all after the enacting clause of the committee's amendment and insert this: That the Union Pacific Railroad Company, with the consent and approval of the SecyInterior. are herebyauthorized to locate.construct, and continue their road from Omaha 'in Nebraska Territory westward, accordingto the bestand most practicu in route and without referenceto the ini tial point on the 100th meridian of west longitude as now provided by law. in a continuous completedline. until they shall meet and connect with the Central Pacific Railroad Companyof California: and the Central Pacific Railroad Company of California, with the consentand approval of the SecyInterior. are herebyauthorized to deate.construct, and continue their road eastward. n a continuouscompletedlinc. until theyshall meet aaindded c, onnectwith the Union Pacific railroad: ProThat eachof the above named companies shall have the right, when the nature of the work to be done. by reason of deep cuts and.tunnels, shall for the expeditiousconstruction of the Pacific railroad ‘require it, to work for an extent of not to exceed 300 milesin advanceof their continuous completedlines. The amendment to The amendment was agreed to.
Mr. WILLIAMS. I should liketo know how that changes the present law; exactl what effect it has upon the present law in reference to that railroad.
Mr. CONNESS. It simply restores the provision contained in the law of 1862, which left the whole route open between the 2 companies that are to construct the main line in this language: “ that in case” the Union Pacific Railroad company “shall complete their line the eastern boun ary of California before it is completed across said State by the Central Pacific Railroad Company of California, said 1st named company, ” the Union Pacific Railroad Company, “is hereby authorized to continue in constructing the same through California, with the consent of said State, upon the termsmentioned in this act, until mid roads shall meet and connect and the whole line of said railroad and telegraph is completed; and the Central Pacific Railroad Company of California, after completing its road across said, State is authorized to continue the construction of said railroad and telegraph through the ll Territories of the U.S. to the Missouri river, including the branch roads specified in this act upon the routes hereiubefore and here inafter indicated, on the terms and conditions provided in this act in relation to the said Uhion acific Railroad Company, until said roads shall meet and connect, and the whole line of said railroad and branches and telegraph is completed.” The whole purpose was to get the main trunk constructed in the shortest possible time. In 1864, through the conference that was held between the 2 Houses, there was a provision introduced which now is a part of the law of 1864, limiting the Central Pacific Railroad Company to an arbitrary line 150 miles from the eastern boundary of California. This simply opens it to what it was before, so that the road shall be constructed by each company each way, and they shall travel until they meet, giving neither company any preference but securing the early completion of the work. The amendment, as amended, was agreed to.
Mr. POMEROY. I desire to submit an amendment to' come in at the end of the 1st section. I have dhown it to the SecyInterior and to the chairman of the committee, and I suppose there will be no objection to it. Those gentlemen are for it, andI do not know of anybody who is opposed to it. My amendment is to insert at the close of the 1st section these words: And provided furlher. That should the Union pacific Railway Company, easterndivision. under the provisions of this not. lilo their map locating their road upon a different routefrom that indicated in their mapheretoforefiled in the Dept of the Interior thenand in that eventthel apnibnl and StJoseph Railroad Company or their assigns, being authorized to connectwith the said railroad under the several actsto which this isnii amendment.may bwee.satnwdaardrelyhereby.authorizedto continuetheir road from the point providedfor in the afore said acts to a connection with the Union Pacific railroad at some point east of the 100th meridianoflongitude, and for that purposemayhave the same provisionsand besubect to all therestrictions and limitations of the scipacific railroad acts.
Mr. GRIMES. That would give them, as I understand, $16.00!) a mile for the length of road which the Hannibal and StJoseph Compaiiiy may construct.
Mr. POMEROY. Yes, sir, for that little distance from the point where they are limited now to Fort Kearney.
Mr. GRIMES. I think the chairman of the ComPacificRR stated to the Senate some time ago that it was the conviction of that committee that no rants of money should be made toany railroad in addition to those made at the last Congress. That enunciation having been made here in the Senate, it has prevented ‘a plications from other quarters bein made that would otherwise have been run e. Now if we are going to reverse that decision of the committee to whom questions of this kind have been committed y the Senate, I think we should have a complete understanding upon the subject, and then the policy of the body should be changed with full nowledge.
Mr. SHERMAN. This amendment, I presume, increases the amount to be granted to the Atchison branch.
Mr. POMEROY. Slightly, in casethey move the line of the ir road.
Mr. POBIEROY. The Senator may not be aware that this Republican valley is mostly in Nebraska.
Mr. SHERMAN. I know that; but this bill authorizes the road to be extended westward from Fort Riley, in the State of Kansas. If they should follow the existing law they would soon pass out of the State of Kansas and finish their road in the Territory of Nebraska; but the 1st section of this bill authorizes the road to be extended westwardly to a point west of the one hundreth meridian, and every mile of that road is in the State of Kansas. Under these circumstances, the U.S. having already granted large money rants to the State of Kansas, it seems to me that it is not very modest, to say the least, to ask more of us at this time for that State. An attempt to build 2 branches of the Pacific railroad within one State is rather too much, in my judgment. Iain willin to extend all facilities to the Pacific railroad or any of its branches that will not involve a larger appropriation of money. but I am not willing to grant any additional sums of money. As this amendment does that, I shall certainly vote against it and it will undoubtedly defeat the bill, in my opiniom
Mr. CONNESS. The bill before the Senate does not propose to increase the grants to any of the Pacific railroad companies
The PRESIDENTprotempore. The morning hour having expired. it beed mes the duty of the Chair to call up the special order.
Several SENATORS. Let us finish this bill.
Mr. HOWARD. I hope the order of the day will be postponed temporarily until we get through with this bill. It will not occupy long, I am satisfied.
The PRESIDENT prolempore. The special order is the bill (S.No.257) to regulate the'occupation of mineral lands and to extend the right of preemption thereto.
Mr. HOWARD. I suggest that that bill be laid aside temporarily.
The PRESIDEN'I protempore. be done by common consent.
Mr. CONNESS. This bill will only occupy a few minutes.
Mr. HOWARD. And it is a very important bill.
Mr. CONNESS. Do I understand the Senfrom Massachusetts to obj'ect to our continuing the consideration of tlus bill? That can I think it will take some
Mr. WILSON. I desire to go on with the re nlar order of business.
Mr. HENDERSON. Let this bill be disposed of.
Mr. WILSON. I want time to look into this bill and time to discuss it fully. I expect to do so, and I desire it to go over for that purpose. I regard it as a bill that works a great wrong to those engaged in coi'istructing this road. I desire time to look into it.
The PRESIDENT protempo re. Objection being made to laying aside the special order, it is before the Senate.
Mr. CONNESS. Before we proceed with the special order, I beg leave to suggest to the Senfrom Massachusetts, since he has given notice that he will discuss the Pacific railroad bill, from the consideration of which we are now passing, that those of us who are much interested ill the passage of that billwould like that he should prepare himself and be ready to discuss it to niorrow morning in the morning hour. We intend to call it up, because it is a bill requiring immediate consideration.
Mr. POMEROY. I believe the Senfrom Massachusetts does not ask that it be put over on account of the amendment which I have otfered, but. on account of the bill itself.
Mr. GRIMES. I should ask it on that account. I move that the amendment proposed by the Senfrom Kansas be printed. The motion was agreed to. PERSONAL EXPLANATION.
Mr. STEWART. I have 3 or 4 slight amendments to offer to the committee’s amendment. After the word “ Situated, ” in line 6 of section two, I move to insert the words “and having expended in actual labor and improve merits thereon an amount of not less than $1,000;” so that the clause will read: That wheneveran person or association of or sons claimri.vein or ode of quartz or other roe in ipnlgace.bearinggold. silver. cinnabnr or copper.have prevwusly occupied and improved thesameac cording to the local customor rules of mine rsin the district where the same is situated and having expendedin actual laborand improvementsthereonan amount of not lessthan 51.000&, c. The amendment to The amendment was agreed to.
Mr. STEWART. In lines 16 and 17 of the 2nd section I more to strike out the words “both to be fully expressed in the patent.
Mr. MCDOUGALL. I should like the Senfrom Nevada to explain that amendment.
Mr. STEWART. Those words are embod ied in another portion of the amendment, and I propose to strike them out here. the amendment to The amendment was agreed to.
Mr. STEWART. In section 3 of the amendment, line 11, after the word “ location, ” I move to insert the words “the value of the labor and improvements, and the character of the vein exposed 5” so that the clause will read: It shall be the duty of the surveyor general.upon application of the party. to surveythe premisesand make a plat thereof. indorsed with his a proval. designatingthe numberand description of the location and value of the labor and improvements and the character of the vein exposed. The amendment to The amendment was agreed to.
Mr. STEWART. In section 7 of the amendment, line 8, I move to strike out the word “platinum and to insert the word “copper, ” and in line 9, after the word “discovered, ” to strike out the word “or” and insert the word “and.” The amendment to The amendment was agreed to.
Mr. STEWART. I move further to amend the amendment by adding the followmg as an additional section: Abife: That as a further condition of sale. in the absence of necessary legislation by Congress.the local Legislature of any State orTerritory may provide rules for working mines, involving easementsd. raina e and other necessarymeans for their completed eve opment; and the2nditions shalt be fully expressedin the patent. The amendment to The amendment was agreed to.
Mr. SHERMAN. [I move to amend the amendment of the committee by striking out in the 19th and 20th lines of the 2nd section the words “until the national d“ebt shall have been paid;” so as to read, the owners and occupants of the mine so appropriated and held shall pay into the treasury of the U.S., in each and every year, 3%. of the net product, ” &c. The amendment to The amendment was agreed to.
Mr. SHERMAN. In the 20th line of that section I move to strike out “ 3 ” and insert “ 5;” so as to leave the rate of% age to be paid by the miner the same as in the original bill, 5%.
Mr. STEWART. I hope that amendment will not be adopted.
Mr. SHERMAN. That was the rate fixed in the original bill, which was carefully prepared, and I believe was satisfactory to the mining interest. 5% is a very liberal rate indeed. 5% is about the same tax now placed on all kinds of manufactures. Surely when we give the land at nvery low rate and only reserve this royalty, it is not a very high one, and that not on gross income but on net income. It is a very small tax, and it is important to retain it, I think.
Mr. STEWART. I hope the rate will not be increased. The amount here fixed is just 3% ‘. more than is imposed on any other product of the country except cottonI It is just 3%. more than farmers pay on their farms. We pay all the other taxes, and where there is net product our income taxes are exceedingly large. We are a consuming people; we pay taxes on everything we consume.
Mr. POMEROY. The amendment of the Senfrom Ohio may be an economical one, looking at it from the clot of view entertained by the Committee on ‘inance; but looking at; the subject from the point at which I have looked at it, I do not believe there is nnv pnbl lic policy in taxing the production of golt. The l gold deposits on the eastern slope of the Rocky | mountainsI know have not been productive enough, so that in not one casein a 100, perhaps not one in1,000, is there any net profit. Possibly in California and the older mining States, where they have mined longer, there may be net profits; but when you take into consideration what it costs to get $100 in gold, I think it is fair to say that every S100 obtained has cost $300. That I think is the experience on the eastern slope, if you take into account what is spent in getting to the mines, in developing and exploring. in labor and anxiety. Then to tax the production, small as it is. 5%. seems to me to be im reasonable. I believe it would be more according to public policy to offer a premium upon the production of gold. I would rather give a premium upon gold than upon fish. There certainly ought to be a higher bounty paid to those who produce gold than to those who catch fish; I am sure of that. If we ente'i upon the taxing of gold that is brought out by the sweat, blood, and sinews of our people who go out there, 1/2 of whom the in getting it, I believe it is an act to discourage the production of gold rather than otherwise. I feel no personal interest in the matter, but I am certainly opposed to increasing the taxation from 3 to 5%. 3% is surely high enough.
Mr. GRlMES. I do not know anything about this bill, but I desire to be informed by the Senfrom Kansas and the Senfrom Ne vada on what principle of financial statesman ship it is that we are to stimulate the production of gold, if it really, as they say, costs us 3 dollars for every one thntis produced. If that is the general result and they both tell us that it is I do not see that the country is going to he advantaged much.
Mr. NYE. I desire to present 2 or 3 considerations to the Senate with regard to this amendment of the Senfrom Ohio. I was in hopes that some person having this bill in charge would have moved to strike out the 3%. I have had almost 5 years’ observation Mr. CONNESS. Will the Senator permit me to explain?
Mr. CONNESS. I call the Senator’s atten ltion to the fact that there is at present levied these enterprises are the victims of enter rise. l I by the internalrevenuclaw a tax of 5 8ths of 1%., which is collected by stamping all the bullion that is produced at the mints and assay offices, and that the committee have agreed to this tax of 3%. on the net product to be paid hereafter in lieu of that tax, and for that reason alone.
Mr. CONNESS. I desire to inquire whether a motion to amend that portion of the section will not be 1st in order?
The PRESIDING OFFICER, (Mr. AN rnoxr. The motion of the Senfrom Ohio is 1st in order, asitis in the nature of erfecting the clause which the Senfrom ndiana prooses to strike out. I
Mr. SHERMAN. In order to obviate delay in the matter. I would much prefer the proposition of the Senfrom Indiana than to have the bill stand as it is.
Mr. SHERMAN. And for this reason: the last clause of the section as it stands repeals the stamp duty, which I have no doubt will yield more than 5%. on the net income. It would be impossible, at any rate to enforce the section as it is, because it would be impossible in the assay office to distinguish between the bullion taken from the public do main and the bullion taken from the mines, the title to which was in private individuals and I am therefore willing that the tax should be as at present.
Mr. CONNESS. You withdraw your amendment, then?
Mr. WILLIAMS. I shall move to amend this bill at the proper time, and as the amendment of the Senfrom Ohio is withdrawn, I suppose it will be in order for me to make a motion now to amend the bill.
Mr. SHERMAN. I should like to have one or 2 other amendments inserted, to which I think there will be no objection, and then the Senator will have an opportunity to offer his.
Mr. WILLIAMS. I will state my amendment. I shall move to amend the bill by striking out sections two, 3, four, live, 6, 7, and 8 all of the bill that relates to the sale of the mineral lands. I am very scrry that I cannot agree with my friends from california and Nevada as to the necessity and ear pedicncy of this part of the bill providing for the sale of the mineral lands or any part of the mineral lands upon the I’ocilic coast. I am opposed to this part of the bill upon ser eral grounds. I have some personal knowl edge of the mining business, living in a country where it is to some extent prosecutedq and that, with what I have derived from my asso ciation with those engaged in that business, satisfies me that it is unwise for the Government to enter upon any system of selling the mineral lands upon the Pacific coast. I am also instructed by the Legislative Assembly of the State which I have the honor to represent in part upon this floor to oppose any proposition to sell the lands; and although perhaps I should not implicitly follow those instructions upon a subject of this kind if they did not accord with my own judgment, stil as they do agree with the opinions which I entertain I propose to follow and obey them. Other gentlemen may possess different information on the subject; but so far as I am advised, the men who are engaged in mining, the practical miners of the country, are almost, if not quite, unanimously opposed to any proposition of this kind. I think they not only understand their own interests, but they understand the interests of the country; and I would rather take the opinion of a practical miner upon this subject than any opinion of any man, I do not care how profound he may be in wisdom or philosophy, where that opinion is formed upon speculation or theory.
Mr. STEWART. You have in this bill the Opinion of 2 or 3 practical miners. I think we can claim to be such.
Mr. STEWART. I will inquire of the Seni not in favor of segregating the agricultural from the mineral land, so as to give homes to those who have settled in the interior? There are at least 300,000 living in that country settled upon lands where they would like to make their omes. They are to be found in the upper portion of California, in portions of Oregon, and in Idaho, Montana, Utah, Arizona, Colorado, and Nevada. We cannot extend the surveys unless we have a system of segregation. We have not ct extended the surveys. There are 1,000s of people in all the States and Territories on that coast who are now without any title to their homes. You cannot well have a stable community there until we have this segregation of the agricultural from the mineral lands. That involves about all the surveying that the Senator complains of.
Mr. CONNESS. I should like to know what feature of the bill that inquiry is directed at.
Mr. WILLIAMS. I will point out the particular feature. The 2nd section of the bill provides That whenever any (person or association of ‘0 e of quartz or other roe ipnlgace, bearinggold, silver. cinnabar, or copper, have Ipreviouslyoccupied and improved the someac CONing to the local customor rules of minersin the district wherethe same is situated, and in regard to whose possessionthere is controversy or o posing claim. it shall and may be lawful for said'e aimant or association of claimants to file i2 the local land otheeanlatofthosameso extendedl terallyorother Wisoastocontormto the local laws, eustoms.andrules of mmers and enter such tract and receive a patent therefor.Are. Now, when a man takes a mining claim according to the customs and law of the mining district in which it is located, he is allowed by this bill to file a plat and enter that claim in the land office. suppose, however, he does not choose to do it; wiiat then? The precmption laws at this time require a man when he preempts an agricultural claim to give notice within a certain time that he claims it as the precmptor, and within another given time he XSto pay for the claim to the Government; but if 10omits to give the notice or make the payment as required by law, then his right to the land ceases, and it is subject to sale by the government.
Mr. STEWART. I will tell you exactly why that was done in this bill. We required, in the 1st place, that he should file his plat, giving notice for 90 days, so as to allow no advan tage to be taken; and we thought we would leave it to another session before forcing him to enter his claim. Whatever legislation may be neceessary to limit the time within which, after they locate, they must enter their claims, is a subsequent consideration. It would not be well to fix any time now. But this bill is so guarded that the party must; file his lot, give notice, that notice must be publishe for 90 days, and then there must be a survey by the surveyor general; and if, after that, there is no opposing claim, he is to receive the patent. If there is an opposing claim, the question goes back into the courts. The reason for not going any further than that was that we did not propose to force these people to lose their mines or come in before they could get to understand the operation of this law. It simply allows them to purchase; and next year, if the system works well, we can fix a time within which they must file their claims; but there is nothing comnlsory about it now.
Mr. STEWART. Read on. Mii. WILLIAMS. I have read the bill, and I undertake to say there is no provision in this bill a to claims about which there is a controversy pending at this time. It is known, I presume, to many Senators that some of the most productive and valuable mining claims upon the Pacific coast are in litigation or controversy at this time; and yet this bill omits to make any provision whatever for such claims.
Mr. STEWART. Let me call the Senator’s attention to the 6th section, which isin these words: Abife:, That whenever adverse claims to anyminelocatedand claimed as aforesaid, shall appear before the approval of the survey, as provided in the 3rd section of this act, all proceedings shall he stayed until a final settlementand adjudication in the courts of compotentjui'isdiction of the rights of possession to such claim, when a patent may issueas in other cases.
Mr. WILLIAMS. That shows that the honorable Senator has not read his own bill as carefully as I have read it, for that applies not to controversies existing when the plat is filed, but to controversies that arise before the approval of the survey, as provided in the 3rd section of the bill, and the 3rd section provides that upon the filing of the plat and survey, as provided in the 2nd section, notice shall be given in a newspaper, and notice shall be osted up in the land office, and then if after the expiration of 90 days no opposing claimant appears, the party shall be entitled to a patent; but if after the lat is filed and the 2nd section, it will be noticed, does not allow a plat to be filed where there is any controversy about the claimand this notice is givem and during the pend ency of that notice any party up ears to contest the right of the claimant, then the proceedings are to be suspended until this controversy can be determined in swine court in the country. I object also to the section referred to by the Senator, because, instead of allowing the land dept to adjust controversies between conflicting claims growing out of land titles, this adjustment is transferred altogether to the judiciary of the country; and that, as every man I think will readily see, will introduce great confusion into the land system of the U.S.
Mr. CONNESS. Will the Senator allow me to ask him where those questions are settled now at this time?
Mr. WILLIAMS. They are settled in the land offices of the U.S.
Mr. CONNESS. I beg the Senator’s par don; that is not correct. Those questions in regard to mining claims are settled in the local courts of the State or Territory. I thought the Senator was in favor, and had asserted that he was in favor, of the present system.
Mr. WILLIAMS. I am well aware of that; but I was not speaking about the adjustment of claims to mineral lands. At this time government has nothing to do with those questions; they are private matters. But now the government proposes to put these mines upon the same footing with the other public lands of the U.S.; and I say that so far as the settlement of questions growing out of controversy between different claimants as to such lands is concerned, it is adjusted in the land offices of the country.
Mr. STEWART. Let me ask the Senatoro question. Would you, if you were going to invent any system of sale, require the mine rs to come to Vashington to settle disputes in regard to titles under the mining rules? Would you, if you were going to adopt any system, devise any other plan for having these local difficulties settled except the courts in those places, as provided in this bill? Is not that the only wayin which the sale can ever take place, to allow them to be settled where they are now settled by law?
Mr. WILLIAMS. I am not advising any system of sale; I am opposing every system of selling the mineral lands. I say that no sys tem can be devised, and I defy any man to devise any system of sellin the mineral lands of the U.S. at this time that will be found to be wise and just in its practical operation. I say, however, if the land system of the U.S. is to be extended to the mineral lands of the country, then these preliminary questions as to a conflict of claims should be settled in the local land otfiees in the 1st place, and then in the land dept at Washington if the decision there is not satisfactory; otherwise there can be no perfection or harmony in the system. Now, 2 conflicting claims are filed before the land office of a certain district. That land office cannot proceed and examine and adjust those conflicting claims according to the provisions of this bill, but the litigation goes on in some local court, before somejustice of the peace, or before some district or circuit court or other courts of the State or Territory, and there the question is settled; so that the muniments of title partly remain with the courts and partly in the xecutive Depts of the Government when it, is necessary, as it seems to me, that all evidences of title should remain of record in one Dept, as they do at this time.
Mr. CONNESS. I do not like to interrupt the Senator.
Mr. WILLIAMS. I have no objection, and am willing to be interrupted.
Mr. CONNESS. The Senator is making a very serious error in forgetting that the class of disputation proposed to be settled in the local courts and judiciary, as it is now settled by the local courts and judiciary in the mining States and Territories, relates to possession, and to possession alone. This bil does not propose to transfer the disposition of the title to the property of the U.S. to the local authority, but proposes simply to confirm the title that the‘people themselves have established everywhere. thought the Senator was in favor of that.
Mr. WILLIAMS. providesThat whenever adverse claimants to any mine located and claimed as aforesaidshall a wear, before the approval of the surveyas PI'OVI(ed in the sthtairydedsection of this act. all proceedings shall he until a final settlementand adjudication in the courtsof competent jurisdiction of the rights of possessionto such claim, when a patentmay issueas in other cases. If I understand that language, it provides that all controversies between conflicting claimants shall be conducted in the courts of the country, and when the court decides, upon that decision the patent is to issue, and not to issue upon any decision by the land dept of the Government.
Mr. CONNESS, Will the Senator permit me to say a word right there for the purpose of a clear understandin?
Mr. WILLIAMS. ‘ertainly; I have no objection to any interruption.
Mr. CONNESS. This, as I said before, contemplates the determination of the question of possession, the question of who has the right to enter. 2 parties make their ap iearance at the local land office of the U.S., and profess each to have the possessory title, that is, the right of possession to the land under the local mining aw. We do not proposeto occupy the register of the land oliice iiy determining that question. Why? Simply because it would be changing the entire system that the people themselves have ‘MIishr d. They are to e remanded back" to settle‘ that question of possession accordi tothe'system established by the people' theinselvesfmdnd when that is settled, then th party infwhope favor it is settled makes lilffch pear.c'e in the land office and proceedl to l", ult’the U.S. in every step necessary to obtaining title. "4
Mr. WILLIAMS. I anaemia! that the register can as well decide accordi to the local customs and usages of the munity as minin;coma court. He would be boun ‘so to decide according to the provisions of this bill. I do not undertake to say that a register is more competent than the courts of the country to decide such questions: butI a lIlY‘GllQlldthat if this system is introduced of a justin these controversies, procuring titles partly tirough the land dept and partly before he courts of the country, confusion will be carried into the system of giving titles by the Government to persons upon the public lands; and I think that is a serious objection to this or any such plan of selling the public lands of the U.S., whether tiey be agricultural or mineral lands. Now, Mr. President, whenever a person has previously occupied and improved a mining claim, according to the Icon customs or rules of miners in the district where the same is sit uated, he is to be allowed to file a plat and survey. register and receiver necessarily the po'wer and duty of deciding as to whether that person has or has not occupied that claim according to the rules and customs of the miners.
Mr. STEWART. That section has been amended so as to require the improvements on the land to amount to not less t at1,000 dollars. After the 90 days of publication, then the surveyor general goes upon the land, makes a survey, and certifies as to the amount of the improveine nts.
Mr. WILLIAMS. understand that. After the plat is filed and the notice is given, then the surveyor general makes the survey; but before a person is entitled to file his lat he must make his claim in conformity with the usages and customs of the mining district where he resides. Now, I desire to know what security this bill provides for claimants. Suppose A takes his lat and goes 100 miles to a land office and says, “I have taken this claim: here is the lat; I desire to tile it.” Does this bill provi e that he shall make an amdavit that he has taken and occupied that claim? Does this bill provide that he shall Section 6 of this bill I ask if that does not devolve upon the furnish the register with any evidence on that subject? Can any man, anywhere, simply by making a plat upon apiece of paper and going to a land otIicc enter any claim he seesproper? I say he can, according to the terms of this bill; and there is no securityfor men who have honestly'located mining claims, but every man who is unscrupulous enough can, in this way, involve in controversy the claims of those who hunestly occupy and improve the land. There ought to be some provision here requiring this man when he files is lat, to show to the re ister that he has settle and occupied and improved the claim according to the rules and usages of the mining community in which it is located.
Mr. STEWART. What good would that do? What hurt does it do to permit a party to file a plat? He gets no title with the plat. After the notice has been given, the surveyor is to go there to survey the land, and if it turns out that the party has no mine, he gets no cer tificate. There is no danger of one person intruding on anybody else, because he has to file a plat and give 90 days’ notice, and then t ie surveyor is to go there to survey it. Filingaplat gives no title; and what would be the use of inserting a provision here requiring him to swur to it? The filing of the plat does no livi on an hurt.
Mr. WILL 4T S. I iTTer with the honorable Senator on that subject. I think a plat will dl m 1for it is provided that when this plat is.dhe party tiling it shall give notice, it does not say of what, but he is to give some tnQatgico in; the peariist newspaper, and he is to notice in the land office that he has tu'hol, rmer tain claim. Every man knows that uporr.‘0 head waters of the Columbia and a orig the northern boundary of the U.S., and in Idaho, in Montana, in Colorado and New‘lexico, there are many mining local iticswhere newspapers do not circulate, where mergidhld know nothing about such notices. Layoff to call the attention of the Senator partrepiarly to that point, because he has affirmed t the filing of the plat does no one any harm. say that the filing of the plat ives the person who files it a title to the claim escribed in that plat, provided no one appears to controvert his right within 90 days. But no one can know that the plat is filed unless he happens to go into the register’s office, which may be located 100 or 200 miles from the claim, and sees there the notice posted up, or unless he sees a notice of it in some news paper which may be published at the distance of 300 miles; for it is true that there are mining localities upon the Pacific coast which newspapers rarely reach, and from which the nearest newspaper is 100s of miles away.
Mr. STEWART. Suppose he does not; suppose he is 100 miles off, and does not know anything about it. After the plat is filed, the surveyor has got to go there, and if he finds another man in possession, he will not certify to the land. The bill provides that there shall be $1,000 worth of improvements, and it contains ferveryprecaution that is necessary. These miners mvery vigilant, and the 90 days’ notice I think is 1 he miners are not caught in that way veryoften. I do notthiuk there will be any swjnd ag in that way. No danger need be apprehended from that source.,
Mr. WILLIAMS. I think there is danger in allowin a man by filing a phi.7without any evidence t rat he is entitled to 11: it, to take the initiatory step for the attainment of title, because the plat itself becomes a cloud upon the title of the miner who may rightfully occupy the claim. The Senator says there is no danger. I am sure he is acquainted with the fact that in these mining localities men are constantlyjumpingeach other's claimsaud devising every scheme and expedient to obtain the rights ofeach other; and here it seemsto meis achance for such a man, even ifhe does not succeed in obtaining the title, to involve the owner of a claim in a controversy and litiation which may redonnd to the advantage oft e wrong doer. I do not undertake to say that this is not the best scheme that can be devised. I am, perhaps, willing to admit that no better plan can be projected; but I am simply undertaking to show that no scheme for obtaining titles in the mining country, situated as the people of that country are, can be devised that will not work injustice and hardship to the miner and be a disadvantage to the Government. I wish to invite the attention of honorable Senators to another provision of the bill. I desire to understand the bill, at any rate. I find here that a person is allowed to enter a tract “and receive a patent therefor, granting such mine, together with the right to follow said vein or lode with its dips, angles, and variations to any depth, although it may enter land adjoining, which land adjoining shall be subject to this condition.” Now, I desire to know if it is intended to allow the claimant to follow this vein with its dips, angles, and variations longitudinally as well as laterally?
Mr. CONNESS. I should like to inquire of the honorable Senator if he ever resi ed in a mining community or has had experience in connection with mines. I beg him to believe that my inquiry is simply to get to a clear understandin of the point he raises.
Mr. WILL AMS. I presume the honorable Senator knows where I reside.
Mr. CONNESS. I believe the Senator resides at Portland, and I do not think there are any veins there. I did not know, however, whether or not the honorable Senator had ever resided in the interior and become practically acquainted with the mining country. I desire to say to him, in this connection, that vein mines do not enter the earth by perpendicular lines; but, on the contrary, have what are called dips or slants running by oblique lines into the earth; that: they follow each other regularly in that respect; and that the custom now and the habit everywhere and the law, 1st determined by necessity, b the fact, next by the poulation obeying that necessity, next b the coal courts affirming that necessity by tieir decisions, is that the miner is authorized to follow every vein according to its dips and angles and variations. This whole bill is based upon the principle of confirming what has grown out of necessrty, the wisest system, perhaps, that could posstbly be devised, which is the work of those people themselves. Would the senator want to enter the earth by perendicular lines so that a man who owned a claim today, after he had descended 50 feet after it, should leave it to the ownership of another man tomorrow “I
Mr. WILLIAMS. I do not understand that the Senator has answered the question which Ipropounded upon the terms of this bill. I did not inquire as to the law of the mining country at this time, but what does this bill provide it on that subject. Does it provide that these dips and angles and variations may be followed longitudinally, as well as laterally, or only lat era y?
Mr. STEWART. No man living can make it clearer than the language of the bill.
Mr. CONNESS. was aware, and have been for the last 3 quarters of an hour, that the Senfrom Oregon did not understand this bill, and I am rather impressed with the belief that he cannot be made to understand it. I see that this remark excites merriment; but I assure the honorable Senator that I say it with all respect. It is not because of the want of understanding of my honorable friend, who has so high a standing in my own estimation, certainly as high as he could possibly wish to have, but the want of an acquaintance, in all probability, with a mining country. It is clear that the Senator does not comprehend the exigencies that belong to a mining country.
Mr. WILLIAMS. I‘ he honorable Senator has not answered my question.
Mr. CONNESS. 130; I do not intend to answer it just as you put it.
Mr. STEWART. Allow me to answer. The 4th section contains this provision: Provided, That no location hereafter made shall exceed 300 feet in length along the vein feorryeachlocator, with an additionul claim for discov to the discoverer, with therighttofollowsuch vein to any depth. Not to any length with all itsdips.variations.andangles.togethorwith a reasonablequantity of surfacefor the convenient working of thesameasfixed by local rules. Dips and angles and variations do not go long itudinally.
Mr. CONNESS. That simply isno change; it is the law of the mines now.
Mr. WILLIAMS. Mr. President, I am very much obliged to the honorable Senfrom Nevada. for his admonition to me as to the manner in which I shall perform my duty here, and for the very polite intimation, not only from l that Senator but from the Senfrom California, that I know nothing about this bill or about the subject that I am discussing. Now, I will simply say that about the last thing I did in the State of Oregon before I left there to come to this body, was to try a mining suit involving many 100,000 dollars, in which there was a great number of witnesses and in which all the questions, geological an otherwise. growing out of veins and di s and angles and variations were elaboratey discussed, so that I am not so entirely ignorant upon this subject as the honorable Senators assume. The Senfrom Nevada professes to be Iastonished because I am opposed to this bill. venture to say that 9 10thsof the men who are today engaged in mining are opposed to this bill or any other bill of alike nature contemplating a sale of these mines. The gentleman says that it is not in my power to prevent agitation upon this subject; but his own admission here to da is that this bill in itself is imperfect and additional legislation will be required to make it perfect in its work in.
Mr. STEWART. I beg your ardon. I stated that the bill did not compe a man to lose his property or buy; it left it optional with him. Ipguaranty that there is no miner who will not avail himself of it. It is not imperfect in that. I said thatiflegislation should become necessary to require them to buy which Iwas o posed to now that would come hereafter. ie bill is perfect in that particular, and any man who is honest and will comp] with the conditions can get his title. It hol s out easy conditions so that this appurentlyinterminable strife may be ended. The bill leaves it optional with the miners to buy. it is such a bill as they want; I have talked with 100s of them and know it.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Indiana to strike out in the 2nd section of the amendment of the committee the followmg words: And upon the further indefensible condition that the ownersandoccupantsof the mine so approiriatedand held shall pay into the Treasury of the U.S. in eachand every yoar 3 or contact' the net product of said mine, vein, or ode, which shall be in lieu of the stamptax now levied upon bullion extractedfrom the public domain.
Mr. HENDRICKS. I wish to make an inquiry of the Chair. The Senfrom Oregon prooses to strike out several of the sections of this bill. Suppose the proposition of the Senator does not prevail, will it then be in order to move to strike out one of the sections which he proposes to strike out?
The PRESIDING OFFICER. It Wlll be. The question is on the motion of the Senfrom Oregon.
Mr. CONNESS. I do not understand that the Senfrom Oregon has made llliy motion.
Mr. WILLIAMS. Certainly. made a motion to strike out from the 2nd to the end of the 8th section, including all relat in to sale
Mr.SHERMAN. I do not wish to debate this question, but as I introduced the original bill, and my attention was called to the subject somewhat at the last session of Congress, I will state generally the impression the bill makes upon my mind. I think it is the interest of the U.S. to get rid of the mineral lands of the U.S., to get them into the hands of private individuals; to give them the title by patents in the ordinary way, so that the U.S. will be divested of all proprietary right over the mines. It is not necessary for me to discuss that question, because the Senfrom Nevada [ Mr. Srswas'r] has to some extent done so; but I might produce the Opinions of Mr. Benton, Mr. Clay, and many of the most eminent statesmen of America to show that the title to the mineral lands is of no benefit to the U.S. From time to time the principle of disposin of mineral lands, salt lands, iron lands, &c., has been adopted, so that now I believe we have no proprietary title in the U.S. to any but the gold and silver mines.
Mr. KIRKWOOD. Before the question is put I should like a little information in regard to the 3rd section. It provides that the lands sought to be located shall be paid for at the rate of 5 dollars peracre, and that the surveyor general shall receive for his services the compensation allowed by law, with mileage. Is that compensation to be paid by the U.S.?
Mr. CONNESS. No, sir; by the party. There is a law now in existence, passed in 1862, which provides that surveys of the public lands in certain cases shall be made upon the deposit of the cost by the party requiring the serve to he made. That is the ‘law” referre to.
Mr. KIRKWOOD. If the section is not stricken out, it can be looked into afterward. I was oing to remark that these claims were generifily very small, perhaps not more than an acre 2.
Mr. SLERMAN. I will state to my friendfrom Iowa that I had already prepared an amendment to offer to the 3rd section, cov ering the very point, to insert after the word “acre, ” in the 12th line, the words, “to gether with the cost of such survey. plat, and notice.” I suppose in some cases where a valuable mining claim covered but an acre, the sum of 5 dollars would not really pay the cost of surveyin. I wish to make it clear that the person receiving the title is to pay actual cost of the survey, though that, perhaps. will be the legal effect of the section as it stands.
Mr. CONNESS. That is the le'val effect of the section as it is. The terms usedhere, “such compensation as is allowed by law, ” refer to the law of 1862, under which parties wanting surveys made deposit the money in advance before the work is performed.
Mr. SHERMAN. I move to amend the section as I have stated. Before the question is taken on striking out it is in order, of course, to move to amend the section; and I move to insert after the word “acre, ” in line 12 of section 3, the words “together with the cost of such survey, plat, and notice.” The amendment to The amendment was agreed to.
Mr. HENDRICKS. I move furtherto amend the amendment of the committee by strikin out all of section 3 after the word “there upon, ” in line 14. The words which I propose to strike out are: And the surveyor general shall receivefor such service such compensationas is allowed by law. with mileage. not to exceed at legal rates the amount char cable from the county sent of the county in which 1 the claim may besituated to thesaid claim. The compensation of the surveyor Generalis fixed by law, and he is not presume to receive any fees for particular surveys that he may sufferintend.
Mr. STEWART. There is only one idea in this provision which is at all important. It was that there should be a deputy surveyor in every mining county, and the only object of the clause is to limit the mileage which may be charged.
Mr. HENDRICKS. The surveyor general does not execute the work himself. The amendment to The amendment was agreed to.
Mr. McdOUGALL. I do not rise for the purpose of moving any amendment, but only to make a remark as to the amendment offered by the Senfrom Oregon. I think I was one of the 1st that advocated the policy of giving titles to the mineral lands, and to the mountains of our country, for the reason that it was important that miners should have established, permanent homes for the health of the community. The idea that is sought to be accomplished by this bill I think would meet my full approval if it were placed in a shape in which it was at all practicable. Notwithstanding the eminent skill and the great learning in the mining interests of my friendfrom Nevada [Mr. S'rswsnfl and I know him to be one of the most skillful in all those depts this might be called “a bill to promote litigation, create controversy, and occasion difficulties.” No system yet has been matured for disposing of the mineral lands in fee, except as they are occupied in present mos session under the customs of the country. ere is a bill providing a policy full of machinery veryingenious, but which, like some of those machines that are intended to secure perpetual motion, will run but a short time. I think, without entering into this debate, having given for years my attention to this very subject and considered it when a member of the other House, as well as ever since I have been in the Senate, that we are not prepared here at. the present time to provide a plan for the disposetion of the mineral lands of the country. Those portions of the bill that would remain were the amendmentof the Senfrom Oregon adopted would be making as great an advanced step as I think sound wisdom nowjhstilies. I agree with the Senfrom Oregon. I make no argument; I merely desire to express an opimon.
Mr. NYE. In the 3rd section, line 14, after the word “thereupon” I move to insert: But said plat, survoy or description shall in no discover more than onevein or lode and no patent thall issuefor more than one vein or lode, which shall he expressedin the patent issued.
Mr. CHANDLER. I desire to make areport from a committee of conference.
The PRESIDING OFFICER. The Chair will receive it by unanimous consent.
Mr. STEWART. Let the pending bill be laid aside informally. RIVER AND HARBOBHILL.
Mr. CHANDLER submitted the following report: The committee of conference on the discrecing vmoatkeisnagtatphperotpwroiaIt iloonusses on the bill (H.R.I o. 4912) and completion of certfaoirntphuebrliecpwaiar.rp9rehseerrevtaotfioonre. coumrpmoseensc, headuvnindgermtheet, authority of law, and for other after full and freeconference have agreedto recommend and do recommend to their respectivo Houses as follows: That tie House agree to the 1st. 2nd, 3rd, fibfythth. secvSceinitaht. 8th, and 9th amendments as made That the Houseagreetothe6th amendment, with the following amendment, that is to say.byinscrtin in section one. pagel, line 21.after the wor ofuresaid."the words, “and all other works proVided tor bythis act." That the Houseakreeto the 10th amendment with the lollowuig amendment, that is to say, by inserting after the word “Mnnistee” in said amendment, the words “South Haven." That the Senate recede from the 4th amendment. Z. CHANDLER L. M. MORRILL Managerson the part of the Senate. JTHOM AS D. ELIOT. JO. MHN. HUM PH REY. W. LONGYEAR, Manager:on the part of the Home.
Mr. WADE. I should desire to have a little information from the Senfrom Michigan in regard to these amendments.
Mr. CHANDLER. The amendment striking out the prohibition against spending money except upon the new plans and surveys is agreed to. The provision as to Michigan City is stricken out. These are about the only material amendments.
Mr. WADE. The provision 1st referred to by the Senator is left as the Senate left it.
Mr. WILLIAMS. Idesire to inquire whether the amendment providing for the improvement of the Willamette river has been stricken out.
Mr. CHANDLER. Not at all; no change has been made except whatI have stated. The 1st section is changed so as to include all the works provided for in the bill in that section, and the other clause which was stricken out by the Senate is left stricken out. The report was concurred in. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep. by Mr. McPERSON, its Clerk, announced that the Speaker of the HoRep had signed the following enrolled bills; and they were thereupon signed by the President proIcmpm'c of the Senate: A bill (H.R.No. 8.3)for the disosal of the public lands for homestead actua settlement in the States of Alabama, Mississippi, Louisi ana. Arkansas and Florida; A bill (H.R.No. 482) to incur orate the Howard Institute and Home of the DistCol; A bill (S.No.57) for the relief of the heirs of Lieutenant Joshua D. Todd, late of the U.S. Navy, deceased: A bill (S.No.202) for the relief of Elisha W. Dunn. a paymaster in the U.S. Navy; A bill (S.No.307) authorizing the restoration of Commander Charles Hunter to the Navy; and A bill (S.No.360) to relate the appointment of paymasters in the avy, and explanatory of an act for the better organization of the pay dept of the Navy. CONSTITUTIONAL AMENDMENT. The message also announced that the HoRep had passed the following resolution: Ruoloed by the HoRep (ath. oSenate martini.) That the POTUS he requestedto transmit forthwith to the Executives of the severalStatescopiesof the article of amendmentproosedb Congress to the State Legislatures to amen the constitution of the U.S. passedJune I3. 1866 respecting citizenship.the basis loidf irteyportetsheentpautbiolinc, ddiseqbuta of the U.S. a.dned.vato the onld that the said Statesmay proceedto act upon the saidarticle of amendment; and that he request the Executive of each State that may ratify said amendmentto transmit to the SecyState a certified copyof such ratification. Mr. NYE, from the ComEnrollBill, reported that that committee, on.the 16th instant, presented to the SecyState, to be deposited in the archives of the State Dept, the jtResolution‘(H.R.No. 127) proposing. an amendment to the Constitution of the U.S.
Mr. HOWARD. I ask the Senate to take up the resolution which has just been received from the HoRep for the transmission of the constitutional amendment to the Executives of the States.
The PRESIDING OFFICER. It requires unanimous consent to take it up at this time. The Chair hears no objcction.
Mr. VANWINKLE. I desire to ask the Senfrom Michigan to waive his motion for a moment in order to enable me to correct a gross error that appears in a public document printed and laid on our tables this morning in connection with my name.
Mr. HOWARD. Let this resolution be passed 1st. It will take but a single minute.
The Secretary read the resolution of the HoRep. The resolution was concurred in. PERSONAL EXPLANATION.
Mr. VANWINKLE. I find on my table this morning a House document which purports to be, and is no doubt, a printed copy of a letter from the SecyTreasury in response to a resolution of the HoRep, calling upon him to report “the respective amounts drawn by the several memers of. both branches of the 38th Congress as salary and as milea e, separately, together with the number of miles for which each one was paid.” Opposite my name I find it stated that during the last congress Iwas paid for mileage $651 20, that I received as compensation $8, 983 56, and the total is given as $6, 634 76. There is an error in the amount of compensation received of $3,000. It is evidentlya printer’s error, as the additions show it to be; at as I do not know for what purpose this information has been called for, or what use is likely to be made of it, I have thought it due to myself to state that it is an error. EXECUTIVE COMMUNICATIONS.
The PRESIDENT protempore laid before the Senate a message from the POTUS, transmitting, in answer to a resolution of the Senate of the 25th ultimo, a report from the Acting SecyInte rior, furnishing information touching the transactions of the executive branch of the Government respecting the transportation, settlement, and colonization of persons of the African race which, on motion of Mr. WILSON. was ordered to lie on the table and be printed.
The PRESIDENT protempore also laid before the Senate a message from the POTUS, transmitting, in compliance with a resolution of the Senate of the 18th instant, a communication from the SecyState, with accompanying documents, furnishing information in relation to the departure of troops from Austria for Mexico; which, on motion of Mr. TRUMBL'LL, was referred to the ComForRel, and ordered to be printed. EXECUTIVE SESSION.
Mr. SHERMAN. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some t tlmt) spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. MONDAY, June 18, 1866. The House met at 12 o‘clock m. Prayer by the Chaplain, Rev. C. B. Borxron. The Journal of Saturday was read and approved. niLLs 0N LEAVE.
The Speaker stated the 1st business in order to be the call of States for bills on leave to be referred to the appropriate committees, and not to be brought back by a motion to reconsider.
Mr. DAVIS introduced a bill to establish in Germany a repertory for furnishing information in regard to the resources of the U.S.; which was read a 1st and 2nd time and referred to the ComAg. CLAIMS OF LOYAL CITIZENS.
Mr. TROWBRIDGE introduced a bill to establish a commission for the settlement of claims against the Government of the U.S. held by loyal citizens of East Tennessee; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComMilAffrs. A. SUTRO.
Mr. ASHLEY, of Nevada, introduced abill granting to A. Sutro the right of way, and granting other privileges to aid in the construction of a draining an exploring tunnel to the Comstock lode, in the State of Nevada; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComMining. RESOLUTIONS.
The Speaker stated the next business in order to be the call of States for resolutions in an inverse order, commencing with the State of Pennsylvania, where it rested last Monday at the expiration of the morning hour. LEAVE OF ABSENCE. On motion of Mr. STEVENS, leave of ab sence was granted to his colleague, Mr. W11. LIAMS. ‘On motion of Mr. BUCKLAND, leave of absence was ranted to his colleagues, Mr. DELANO and li Mr. HUBBELL. On motion of Mr. TAYLOR, leave of ab sence was granted to his colleague, Mr. HUB‘ BELL. EDWARD SPICER AND JOHN BAILEY.
Mr. MORRIS submitted the following resolution; on which he demanded the previous question: Revolued.That thseom ensation ofEdwiird Spicer, superintendentof the foling room.bemadeequal to that now paid to the 1st asstdoorkeeper.
Mr. JOHNson. I ask the gentleman to withdraw his demand for the previous question, so that I may add an amendment in reference to Clinton Lloyd, Chief Clerk of the House, to make his pay equal to that of the chief clerk of the Sergeant at Arms. These are permanent officers, who are re iiired to stay here all the ear round to do the cbusiness of members. TeSPEAKER. The Chair is of the opinion that the Committee of Accounts has not yet reported in respect to increasing the pay of the chief clerk of the Sergeant nt Arms.
Mr. WINFIELD. I hope the gentleman will withdraw the demand for the previous question to allow me to offer an amendment making the salary of the superintendent of the s each folding dept and book keeper of the foldin roomequal to that of the enrolling clerk of the House.
Mr. MORRIS. I will state that while I would be willing to accommodate the gentleman, I prefer that each case should stand on its own merits.
Mr. WINFIELD. I desire to state that these gentlemen remain here during the whole year at a salary, I believe, of $1, 200 a year, and there are no employes of the House by whom members are more faithfully served than by them. Their salaries are really inadequate to the service they render. Ihope while others are provided for these will not be overlooked.
Mr. JOHNSON. It is necessary that these ersous should be here at their post always. We have to write for documents, books, and special laws, and they get them and send them to us.
Mr. ROLLINS. I desire to move to amend the resolution.
Mr. MORRIS. I see that each gentleman wishes to amend. As I stated before, I prefer to let each case stand on its own merits.
Mr. ROLLINS. If the previous question is voted down, I wish to refer the resolution to the Committee of Accounts.
Mr. MORRIS. I insist on the demand for the previous Mr. ROLLquNeSs.tionI. hope it will not be sustained. On seeonding the demand for the previous question, no quorum voted. Tellers were ordered; and the Speaker appointed Messrs. MORRIS and ROLLINS.
Skip Skip The House divided; and the tellers reported ayes 45, noes 48. So the previous question was not 2nded.
Mr. R LLINS. I now move to amend by addin the following resolution, which has been agree upon by the Committee of Accounts, and on t iis I demand the previous question: Eaolsed, That the compensation of John Bailey, asstdishursingolerk.be, and the same is hereby. Increased andmadethe same as that of the Journal clerk, beginning with the present congress.
Mr. WINFIELD. I desire to make an inquiry. What has become of the resolution of m& colleague? he SPEAKER. It is pending with this as an amendment.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment offered by Mr. ROLLINS was agreed to. The question recurred on agreeing to the resolution as amended. Mr. TAYLOR. On that I demand the yeas and uays. The yeas&nays were not ordered The resolution, as amended, was agreed to. Mr. ROLLINS mtRtv taken; on the table; agreed to. employees IN FOLDING DEPT.
Mr. WINFIELD. I offer the following resolution, and demand the previous question upon it: suRpeesroinlvteendd.Tchnatt until further orderthesalary of the of the speech folding de urtrnent and the book kecperuf the foldin roomoft io HoRep shall be equa to that of the en clerk of the house.to commenceat the beginning of the present fiscal year. If the House will allow me I will make a brief statement in reference to this resolution.
Mr. ROLLINS. I have no objection if I can be allowed a word when the gentleman is through.
Mr. BALDWIN. I hope we will have no debate.
The Speaker. The Gentfrom Massachusetts [Mr. BALnwnvfobjeets.
Mr. BOUTWELL. I would like to ask what the pay which these officers receive is now, and what it will be ifthis proposition prevails. I
Mr. WlNF/lELD. Their iay at present is, understand, $1, 200 for a full years service. This proposition is to increase their pay to $1, 800. On seeonding the demand for the previous question, no quorum voted. Tellers were ordered; and the Speaker appointed Messrs. wiNrisLn and Pawn.
Skip Skip The House divided; and the tellers reported ayes55, noes 40. So
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to.
Mr. WINFIELD mtRtv the resolution was agreed to; on the table. Bills, reported that the committee had Mr. COBB. “On the motion to lay on the table I demand the yeas&nays. The yeas and iiays were not ordered. The motion to reconsider was then laid on the table. ENROLLED BILLS SIGNED.
Mr. COBB, from the Committee on Enrolled examined an found truly enrolled bills of the following titles; when the Speaker signed the same: An act (S.No.57) for the relief of the heirs of Lieutenant Joshua D. Todd, late of the U.S. Navy, deceased; An act (S.No.307) authorizing the resto ration of Commander Charles Hunter to the Navy; An act (S.No.202) for the relief of Elisha W. Dunn, a paymaster in the U.S. Navy; and An act (S.No.360) to relate the appointment of payinasters in the nvy, and explan atory of an act for the better organization of the pay dept of the Navy. DISCONTINUANCE OF A POST ROUTE.
Mr. HALE introduced a bill to repeal an not entitled “ An act to establish a post route from West Alburg, Vermont, to Champlain, in the State of NewYork, and for other purposes, ” approved May 21, 1865; which was read a 1st and 2nd time and referred to the comPostOffice. VENTILATION OF THE HOUSE HALL.
Mr. DAVIS submitted the following resolution. upon which he demanded the previous question: Iftlolfiffl, That the comPublic Buildings and Groundsbe requestedto inquire into the cirpe dicnoy and practiciihility of improvmg the ventilation of the all of Representatives.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. PAY OF A MESSENGER.
Mr. DAVIS submitted the following resolution; which was read, considered, and agreed to: Resolved, That the Committee of Accountsbe instructedto inquire into and report upon the expediency of incrotmingthe pay of the asstmessenger connectedwith the House postoffice, so as to make it equal to the pay of the Capitol police, after Janu ary 1.1866 PAY OF CHIEF CLERK OF THE HOUSE.
Mr. HOLMES offered the following resolution, upon which he demanded the previous question: Resolved.That until further ordered the salary of the Chief Clerk of the House be fixed at $3,00oper annum. beginningwith the presentfiscal year.
Mr. HOLMES. To the Chief Clerk, Mr. Lloyd.
Mr. ROSS. I move to lay the motion on the table.
Mr. HALE. I wish to ask what is the effect of the resolution; when the increased salary will commence.
The SPEAKER. According to the terms of the resolution it will commence with the present fiscal year.
Mr. HALE. Atwhat date will the increased salary commence?
The SPEAKER. The gentleman knows when the fiscal year will commence as well as the Chair does.
Mr. FINCK. I wish to inquire what the present salary is.
The Speaker. The Chair cannot answer the question.
Mr. HOLMES. The salary is $2, 150, a sal ar less than the other clerks receive.
Skip Skip The question was taken on Mr. Ross’s motion, and there were ayes 30, noes 82; no quorum voting. Mr. PIKE demanded the yeas and saysk The yeas&nays were ordered.
Skip Skip The question was taken; and it was decider?“ in the neative yeas 33, nays 73, not voting 76; So the House refused to lay the resolution upon the table. The question recurred upon agreeing to the resolution. Mr. ROSS. I call for the yeas&nays. The yeas&nays were not ordered. The resolution was then agreed to. Mr. BLAINE mtRtv the resolution was agreed to; on the table. agreed to. ABOLISHING THE MARINE coups.
Mr. BALDWIN submitted the following res olution, upon which he demanded the previous question: Resolved, That the ComNavAffrs be directedto considerthe expediencyof abolishingthe Mmaarkininegcporropvsis, oiorntransferringit to the Army and of for supplying such military force as may at any time heneededin the Navy‘by details from the Army.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. INVASION OF VERMONT.
Mr. MORRILL introduced a JtResolution to pay the State of Vermont the sum expended for the protection of the frontier against the invasion from Canada in 1864; which was read a 1st and 2nd time. The question was upon ordering the joint. resolution to be engrossed and read a 3rd time.
Mr. MORRILL called the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The JtResolution authorizes the SecyTreasury to pay the State of Vermont the sum that may be found due, after the same may have been audited by the proper officers of the Treasury Dept, expended by the State of Vermont for the defense and protection of the frontier from invasion from anada in 1864; provided that the amount to be so audited and paid shall not exceed the sum of $16 463 81.
Mr. LeBlOND. We are unable on this side to know any good reason for the passage of this JtResolution.
The SPEAKER. It is not, the previous question having been 2nded. The question was upon ordering the JtResolution to be engrossed and read a 3rd time. “T
Skip Skip The question was taken; and there were upon a division ayes 40, noes 21; no quorum voting. Tellers were ordered; and Messrs. MounlLL and Li: Bnoxo were appointed. The House again divided; and the tellers reported ayes 55, noes not counted. So the JtResolution was orderengross and read a 3rd time. "he JtResolution was then read the 3rd time. The question was upon the passage of the JtResolution.
Mr. MORRILL. I call the previous question.
Mr. ANCONA. This JtResolution authorizes the payment of money and therefore makes an appropriation, and should go to the ComWhole.
The Speaker. The Chair thinks it is an appropriation bill, and had the question of order been raised in time the Chair would have ruled thatit should goto the ComWhole. But the point cannpt be made upon the passage of the jomt resolution.
Skip Skip The previous question was 2nded and the main question ordered, which was upon the passage of the JtResolution.
Mr. ANCONA called for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the aliirmative yeas 83, nays 21, not voting 78; So the JtResolution was passed. Mr. MORRILL mtRtv the JtResolution was passed; on the table. agreed to. sr. ALnsu’s BANK.
Mr. MORRILL. It is not often that Ver mont asks any special legislation from congress. But I have one more favor to ask of the House in relation to a bank thatwas robbed at the time of the raid from Canada. The bank has not paid any tax since that time, and the Government of the U.S. is making an effort to recover the amount stolen from the British Government. In the mean time I ask the passage of a JtResolution to suspend the collection of taxes from that bank unti further orders.
Mr. STEVENS. I wish to ask my friendfrom Vermont whether there has not been before his committee for 2 years a resolution proposing the non-collection of tax upon rop erty in Cbambersburg which was burned own, and the refunding of tax which had been paid after the property was burned, and whether the committee has acted on that resolution.
Mr. MORRILL. That subject is in the hands of a sub committee, of which the Gentfrom NewYork [Mr. CONKIJNG] is chairman. That sub committee has as yet made no report.
Mr. STEVENS. I am afraid it is a sub soil committee. [Len hter.]
Mr. DAVIS. Ht am correctly informed, a part of the money of which this bank was robbed was recovered.
Mr. MORRILL. Some of the robbers were captured and a portion of the money was restored by the Canadian authorities. The bank lost $73, 625. The Canadian authorities restored $30, 955 80, leaving a loss to the bank of $42, 560 20.
Mr. DAVIS. Was there only one bank robbed?
Mr. HALE. I wish to ask the Gentfrom Vermont whether this is the bank that was released by the Vermont Legislature from the payment of its debtS.R.MORRILL. This bank has not refused to meet a single dollar of its obligations. Its bills are as cod as those of any other bank in the U.S.
Mr. HALE. I desire to know whether this is the bank, which, by an act of the Vermont legislature, was permitted to wind u its affairs and escape the redemption of all hills which were not presented Within 6 months after the publication of notice in some country newspaper.
Mr. MORRILL. I am not aware of any such legislation, so far as it relates to this bank.
Mr. ALE. There was such an act; and I desire to know whether this is the bank to which it ap lied.
Mr. MOI RILL. It was not this bank. This is the St.Alban’s Bank.
Mr. WILSON of Iowa. I desire to ask the Gentfrom Vermont why this bank should be relieved from the payment of taxes any more than banks that have been robbed by others than those engaged in the service of the rebels. Quite a number of banks in different parts of the country have had their vaults entered and bonds and notes carried off, amounting in some instances to quite as much as the sum lost by this bank. Shall we not, by the passage of this resolution, establish a recedent for extending similar relief to all other banks that may have me with losses of this kind? Will not the same principle require us to go still further and relieve from taxation every man in the country who may have been robbed of his money or had his property destrbyed? If we establish this principle, it occurs to me we shall have about as much as we can do to sit here as a board for the relief of persons who may meet with these losses from day to day and from year to year. It may be that there are some features in this case which make it an exception to the general rule; but unless that be so, I certainly think the resolution should not pass.
Mr. ROSS. I would suggest to the Gentfrom Iowa that as this bill is for the benefit of a corporation it stands on ahigher ground than if it were for the advantage of an individual. [Laughten]
Mr. WILSON, of Iowa. I know that is the idea of the Gentfrom Illinois, [Min 13088;] but I differ with him.
Mr. MORRILL. I think this stands on a different ground from the casesmentioned by the Gentfrom Iowa. This mone was lost by an unlawful invasion from Gene a; and I believe that our Government insists upon its right to claim from the British Government entire indemnit for the loss.
Mr. WILSON, of Iowa. I wish to suggest to the Gentfrom Vermont, if this bank is to receive indemnity at the hands of the British government such as he has indicated, then, of course, there is no reason why it should be exempted.
Mr. MORRILL. If the bank receives any indemnity from the British Government, it must be through the hands of the U.S. Government.
Mr. WILSON, of Iowa. It will make no xi difference from what source the indemnity is received, whether from the British Government through the hands of the U.S. Government, or directly from the British government; if the bank be made whole, of course it ought not to be relieved from taxation.
Mr. ELDRIDGE. I wish to inquire of the Gentfrom Vermont whether the object is to relieve this bank from taxation altogether, or only on the portion they have lost.
Mr. MORRI L. It only asks a suspension for the time being.
Mr. ELDRIDGE. Does it cover the entire bank and its capital, or only that portion which the bank has lost?
Mr. MORRILL. It suspends the entire amount from October 18, 1864, to July 1, 1866.
Mr. ELDRIDGE. I see no reason Why that bank should not pay on the real capital it has. It seems to me the remark of the Gentfrom Iowa is applicable, and if this be adopted any man who has lost anything in any way should be relieved from taxation.
Mr. HALE. I hope the Gentfrom Vermont will answer the question I have put to him. I wish to call his attention, of which he seems to be ignorant, to an extraordinary piece of legislation on the part of Vermont in regard to one of the St.Alban’s banks, allowing it to wind up in 6 months, and absolving it from the payment of any bill not presented within that time. Is that the bank sought to be relieved from taxation? If it is it strikes me it. has no claim to congressional favor.
Mr. MORRILL. I am not aware of any such law in reference to this bank. I know it continues in existence. I think the gentleman refers to another bank in the same town and county.
The SPEAKER. It is. The Gentfrom Vermont has the floor for an hour.
Mr. HALE. I wish to say such legislation has been had in reference to one ban c in St.Alban’s. I wish to ask whether this is that bank. I understand the Gentfrom Ver mont is ignorant that any such legislation has taken place. I know that such legislation has taken place, and I wish to know whether this is the bank.
Mr. WOODBRIDGE. I will state for the information of the Gentfrom NewYork that no legislation in Vermont has been had in reference to the loss of this bank; but that the legislation he refers to was in favor of another bank, a State institution, entirely disconnected and separate from this. Whether that law was wise or unwise it is not for me to say. A law was passed giving time to a certain bank in Franklin county to close up its matters, imposing certain conditions on the bank, on the performance of which, unless its bills were presented within a certain period for redemption, it was under no obligation to redeem them; but that legislation has nothing to do with this bank. This bank comes here asking for relief, a bank situated upon a frontier, undefended in time of war by troops of our Government against men decided to be connected with the confederacy by the Canadian government, and who have been relieved by the Canadian government on that and other ounds men, I say, who robbed the bank. the Government admitting, as I believe, it may eventually succeed in ettin this money back by demand on the Eng ish government and not yet obtaining it the bank asks this tax may be suspended until further orders. It means undoubt edly until the time when the question shall be decided whether the English or the Canadian Government shall return to the U.S. the property seized by these raiders who ran over our northern frontier. It, does seem to me to be an eminently just proposition: If having lost this money, theytgo on in spite o the loss and make their bilfbolders secure, redeem their money, and continue their business, it seems to me the Government at least ought to suspend the tax until such time as a different state of circumstances may arise, in il asniuch as the money was taken through the remissness or fault of the Government.
Mr. MORRILL. As there seems to be some opposition I will withdraw it for the present for the purpose of modifying it. TELEGRAPH FROM CALIFORNIA to IDAHO.
Mr. ROLLINS, by unanimous consent, introduced a bill to encourage the construction of a telegraph line between the State of California and the Territor of Idaho; which was read a 1st and secour time, referred to the ComPubLands, and ordered to be printed. EXPORT TAX ON COTTON.
Mr. STEVENS. In pursuance of unanimous consent previously granted, I introduce the following concurrent resolution: Be it remlved by the HoRep (tho Senate concurring.)Thatthe following article beproposedDtothe severalStates as an amendment to the Constitution of the U.S., which when ratified by 3/4ths of the States shall be valid: Auriciis. Congress shall have power to lay an export duty or tax on cotton exported from the U.S. The JtResolution was read a 1st and 2nd time, and the question was on ordering it to be engrossed and read a 3rd time.
Mr: STEVENS. I demand the previous question.
The SPEAKER. By unanimous consent nted duriii the mornin hour. The gentlemau from Pennsylvania)Mr. Srsvnxs] and his colleagues [Mr. ANCONA and Mr. MILLER] asked unanimous consent to offer resolutions. The Chair stated that it was unusual; but unan imous consent bein given the gentlemen reserved the right to o for their resolutions at any time during the day.
Mr. ROGERS. I think the same resolution has already been referred to the ComJudiciary ]
Mr. STEVENS. This has never been referred before.
Mr. E BLON D. I hope the gentleman will not press this to a vote at this time. It cm braces a very important feature in the exports of the country.
Mr. STEVENS. In answer to the gentleman I will state that 5 months ago I offered such a resolution, and it has gone to the tomb of the Capulets; and now I want to take the sense of the House on this question.
Mr. WILSON, of Iowa. I desire to state, in answer to what the Gentfrom Pennsylvania says, that he di some 5 months ago introduce a resolution similar in its terms to this, but not confined to an eXport duty on cot ton. It was referred to the ComJudiciary, and the committee were not able to agree on reportiii it. But some time since the Gentfrom Pennsylvania [Mr. STEVENS] introduced a resolution in terms, I believe, the same as the one now pending before the House, and that was referred to the same committee. Since that time the committee have. had no opportunit whatever to report. It has not been calle for some 3 or 4 months, and therefore we have not been able to report anything to the House on that subject or any other.
Mr. STEVENS. I am fiiidin no fault with the action of the committee. I mow the 1st resolution which I offered was not confined to cotton. I therefore desire to confine it now to that single article and see whether the House will concur in it.
Mr. LeBlOND. I would like to make a suggestion to the Gentfrom Pennsylvania. This proposition, as I understand, aifiicts the import duty on cotton alone. New, sir, it is a question worthy of consideration whether we are prepared at this time to tax an article of this kind.
Mr. STEVENS. This is an argument, and I do not repose to debate it.
Mr. LeBlOND. I wish to make a suggestion in regard to an amendment. In every constitutions amendment that we have yet passed or introduced there has been a provision for referring it for ratification to the Legislatures of the several States. New, I suggest that this be amended by providing for a convent ion of the States for the express purpose of ratifying or rejecting the amendment. The reason is obvious why this should be done. This Congress was elected at a time when our country was in a state of war.
Mr. LeBlOND. Will the gentleman allow me one moment?
Mr. STEVENS. I will insert the words “when ratified by the Legislatures of 3/4ths of the States."
Mr. LeBlOND. That is not the point. That is just what I do not want.
The SPEAKER. The Gentfrom Pennsylvania has a right to modify his resolution before the vote is taken.
Mr. STEVENS. As the gentleman and myself cannot agree, which is Very strange, there is no necessity for further delay.
The Speaker. The Gentfrom Pennsylvania declines to yiel further.
Mr. LeBlOND. Well, Mr. Speaker, the previous question having been 2nded, I shall object to any modification being made. [he SPEAKER. The previous question has not yet been 2nded, and the gentleman has a right to modify it previous to action.
Mr. ELDRIDGE. I want to ask the Gentfrom Pennsylvania whether he intends to allow any debate on this resolution after the previous question shall have been 2nded, or whether he intends to bring the House to a vote without an debate whatever.
Mr. STEVENS. If the House agrees with me, I shall ask a vote upon the resolution. I do not believe anybody wants to debate it excc 1: for purposes of delay. I shall, therefore, ask a vote.
Skip Skip The question was put on 2nding the demand tor the previous question; and there were ayes 43; noes 39; no uoruin voting. Tellers were ordered; and A essrs. STEVENS and LeBLOND were appointed.
Skip Skip The House divided; and the tellers reported nyes 50, noes 43. 0 So
Skip Skip The previous question was 2nded. The main question was then ordered to be put, being upon agreeing to the concurrent resolution.
Mr. ELDRIDGE. Are not the yeas and na asrequired on that vote? the SPEAKER. The yeas&nays must be taken. It requires a2/3rd s vote to amend the Constitution. The concurrent resolution was again read. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found trul enrolled the following bills; when the Speaker signed the same: An act (H.R.No. 85') for the disposal of the public lands for homestead actual settlement in the States of Alabama, Mississippi, Louisiana, Arkansas, and Fiorida; and An act (H.R.No. 482) to incor orate the Howard Institute and Home of the DistCol.
Skip Skip MESSAGE FROM THE PRESIDENT. A messa e from the POTUS, by Mr. Coorns, his Secretary, commu nicated to the House sundry messagesin writing. The message further informed the House that the President had approved and signed bills and aJtResolution of the following titles: An act (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States; An not (H.R.No. 106) to provide for the settlement ofaecounts of certain public officers; An act (H.R.No. 621) to regulate and secure the safe keeping of public money intrusted to disbursing officers oft e U.S.; and tJtResolution (H.R. No.134) relative to appointments to the Military Academy of the U.S.,
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FOBRIY, their Secretary, informed the House that the Senate had agreed to the amendments of the House to the bill of the Senate (S.No.230) to reimburse the State of WestVirginia for mon eys expended for the U.S. in enroll inguequippinghnnd paying military forces to ai in suppressing the rebellion. The message further informed the House that the Senate had adopted a resolution providing "that there be printed for the use of the members of the 39th Congress the reports of miijor Generals William T. Sherman, George H. Thomas, John Pope, J. G. Foster, A. Pleasonton, and E. A. Hitchcock, made to the JtCommee on the conduct of the war, together with such other reports as may be received b the commencement of the next session of congress, the same number and in the same style as were printed of the reports heretofore made by said committee;” in which he was directed to ask the concurrence of the House. The message further informed the House that the Senate had passed a JtResolution and bills of the following titles, in which he was directed to ask the concurrence of the House: A JtResolution (S.R.No. 104) authorizing the SecyTreasury to issue American registers to the barks lilarget and Golden Fleece; An set (S.No.283) for the relief of Edward StClair Clarke; and An act (S.No.873) releasing to Francis S. Lyons the interest of the U.S. in certain lands. nxroa'r DUTY 0N COTTON AGAIN.
Mr. GARFIELD. Will the Gentfrom Pennsylvania allow me to offer an amendment to strike out a few words from his resolution 'I
The SPEAKER. The previous question having been 2nded, and the main question ordered, the resolution can only be amended by unanimous consent.
Mr. GARFIELD. I ask unanimous consent, then, to strike ontthe words “ 0n cotton.” I think we ought not to single out one article, but either add others or leave it opendentirely for the action of Congress.
Mr. BINGHAM. I ine ve to reconsider the vote by which
Skip Skip The previous question was sec. ended. The question was put; and there were ayes 27 noes 40; no quorum voting. I‘ellers were ordered; and Messrs. Scanners and ELDRIDGE were appointed. The House divided; and the tellers reported ayes40, noes 55. So the motion to reconsider was lost.
The Speaker. the question recurs upon agreeing to the concurrent resolution. A 2/3rds vote being required by the Constitution, the question will be taken by yeas&nays. T ie question was taken; and it was decided in the negative years 59, nays 61, not voting 62;. So (2/3rds not voting in the affirmative) the concurrent resolution was not agreed to. RECONSTRUCTION.
Mr. STEVENS. After consultation with the friends of the measure, I desire to give no tice that the question will be called on Friday next upon the bill to restore to the States lately in insurrection their full political rights, unless the House shall see proper to extend the time for debate upon that bill.
The Speaker. The Chair will state that when the House last week granted unanimous consent for the Army bill to be taken u tomorrow after the morning hour the hair then stated that if the debate upon the reconstruction bill should not be closed by that time the Army bill would take the preference, as it was made the special order by unanimous consent, while the reconstruction bill was made the special order by a suspension of the rules.
Mr. STEVENS. Very well; then I will give no notice at this time of closing debate. CONSTITUTIONAL AMENDMENT.
Mr. ROLLINS. I move that the rules be suspended to allow any member who was absent last week when the vote was taken upon the proposed amendment to the Constitution to record his vote today upon that question. No objection was made, and the rules were suspended. h
Mr. COBB. I rise to a privileged I submit, from the Committee on EnrolqeudesBtiiollsn, the following report: To the [lawn of Representatives: the ComEnrollBill respectfully report. that on the ltith dayof June. 1866 they gresented to and filed with the SecyState of the U.S.nJtresolution of the following li.l6, nfllfl9|y1 House Resolution No.12";" a JtResolutionproEasing an amendment to the Constitution.of the U.S. AMASA COBB. Chairman.
The Speaker. The Chair would add that the constitutional amendment is published officially by the SecyState in the Washington Reignbhcan of this morning.
Mr. lNGHAM. Iask unanimous consent to introduce the following concurrent resolution, for action at this time: coRnceunio'r/ionmtr!.by HoRep (the Senate President of the U.S. boef requested toiransniit forthwith to the Executives the several Statesof the U.S. copies of the nrliclc iit' amendment proposed by Congress to the State Lextslatures to amend the Constitution of the U.S. passed Juno13. 1866.respectingciti the hast i of representation disqualification for officc. the validity of the public debt of the U.S. we" to the end that the said State: may proceed to act upon thesaid article of amendment. amnady tlrinatt‘ihfyc requestthe Executives of theStatesthat the said amendment to transmit to SecyState certified copies of such ratification.
Mr. BINGHAM. I move to suspend the rules to enable me to introduce the resolution.
Mr. ELDRIDGE. I ask for the yeas and na '5 on that question.
Skip Skip The question was taken upon ordering the yeas&nays, and there were 20 in the affirmative. Before the resultof the vote was announced, Mr. ELDRIDGE called for tellers. Tellers were ordered; and Messrs. ELDRIDGE and Bison/tn were appointed.
Skip Skip The House divided; and the tellers reportedayes 23, noes not counted. So (one 5th voting in the affirmative) the yegs&nays were ordered.
Skip Skip The question was taken; and there wereyeas 92, nays 25, not voting 65; So (2/3rds voting in favor thereof) the rules were suspended to allow the introduction of the resolution. During the roll call, Mr. It YERS said: I have been re uested to announce that my colleague, Mr. O) BILL, detained from the House by indisposition, is paired with my colleague, Mr. RANDALL. The result of the vote was announced as above stated.
Mr. BINGHAM. I call for the previous question on the adoption of the resolution.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to, there being ayes 87, noes 20.
Mr. BINGHAM mtRtv the resolution was adopted; on the table. The latter”motion was agreed to. PENSIONS TOSOLDIERS OF 1812.
Mr. MILLER, by unanimous consent. submitted the following resolution, on which he demanded the previous question: Whereason the 22dof January last a bill entitled "A bill to grant pensionsto soldiers of the war of 1812with GreatBritain." was referred to the ComInvalid Pensions.on which no report has yet beenmade; and whereasthe bill provides for giving pensionsonly to thosewho arein initiaenteir cuinstaiiecs: and as many of these old soldiers are now in abjectpoverty: and inasmuchas it is due to them as well as the credit of the country that speedy actionshould be taken thereon: Therefore. Resolved. That the ComInvalidPens be and are hereby.requestedto repor tsaidbill with an athrniative recommendation With as little delay aspossible.
Mr. PERHAM. I hope the previous question will not be 2nded. That committee have a re rt ready on this subject, and have been waiting for some time an opportunity to present it. I have no doubt that the report will be presented next Friday, when the committee will be called.
Mr. MILLER. Very well;I am Willing that the resolution shall be over till next Friday.
The SPEAKER. If there be no objection, the resolution will lie over informally. There was no objection. AMERICAN CITIZENS IMPRISOXED IN IRELAND.
Mr. ANCONA, by unanimous consent, submitted the followmg resolution: Whereas it is allegedthat poaceablocitizensof the U.S.engagedin no unlawful art. have been arrestedand tire held asprisonersby the british governmentin Ireland: Therefore. Be it resolved.That the POTUSbe requestedto inform this “case. if not in compatible with the public interest what information he may have as to such arrests and what steps. if any, have been taken to protect such personsin their rights ascitizensof the U.S.
The Speaker. This being a call for r". executive information, unanimous consent is necessary for its consideration on this day. There being no objection, the resolution we ! considered and agreed to. MILEAG E OF MEMBERS.
Mr. GARFIELD. I ask unanimous consent to submit the following resolution, of which I gave notice on last Saturday: Rvuolved, That the Committee on Mileage be di rne nctye.tdhteoreexamine and report what discrepancy.if by wasbetween the amountofmilciiizeelaiined membersand the nine unt allowedby theMileage Committee of the 38th Congress and that the Mileage Committee of thisHouse bedirectedin no case to allow more mileageto any memberthan is claimed by him.
Skip Skip The House divided; and there were ayes 58, noes 26; no quorum voting.
The Speaker, ordered tellers under the rule; and appointed Mr. GARFIELD and Mr. HI'MPHREY. The House was again divided; and the tollers reported ayes 58, noes ‘26; no quorum voting.
Mr. GARFIELD. If the House takes no interest in the matter I withdraw my resolution. I object. I move that the rules be MORNING HOUR OI SATURDAY.
Mr. MORRILL, by unanimous consent, moved that the morning hour of Saturday be set apart for the consideration of bills of a public nature. The motion was agreed to. RECONSTRUCTION. The House then resumed, as the special order. the consideration of bill of the case No. 548, to restore to the States lately in rebellion their full political rights, upon which
Mr. WINFIELD. My colleague will allow me to ask him a question.
Mr. wlNI ‘IELD. I ask my colleague whether he says there is any desire on this side of the House to introduce rebels upon this floor.
Mr. WINFIELD. Iunderstood the gentleman to say that there are some reasons why be suspected a design of that kind. I had hoped that my colleague would go OR the floor without a fling at this side.
Mr. RAYMOND. I did notintend to make any “fling, ” nor to attribute any improper designs to the opposite side of the House. I inferred that they might be less rigid than this side in judging of qualifications as based on past acts, because I was under the impression that they were not in favor of the test oath. Unless I am very much mistaken, gentlemen on the other side voted against it, ‘and some of them, I am sure, favor its abolition. Does not that warrant me in saying 0r suspecting that they hold to the right of those States to be represented by any men they may send here? I am sure I did not travel beyond the record in what Isaid, nor did I mean to in' dnlge in any sneer or fling. I trust I can discuss questions of this sort without descending to appeals of that kind; but if gentlemen on the other side, who are authorized to speak for the Democratic party. whether it be the Gentfrom Maryland [Mr. I'IARRIS] or the Gentfrom Ohio [Mr. LEBi.o.n] or the Gentfrom Wisconsin [Mr. Emmncn] or any other, will say that they are in favor of maintaining the principle of that test oath and of excluding from this House every one who took any part voluntarily in the rebellion, I shall listen to them with very great pleasure.
Mr. ELDRIDGE. Mr. Speaker, does the Gentfrom NewYork hold that be cause
Mr. RAYMOND. I yield only for an an swer; not for the purpose of being catechised.
Mr. ELDRIDGE. I did not intend to cate chise.
Mr. RAYMOND. If the gentleman has anything to say pertinent to the question I have put, I will yield.
Mr. ELDRIDGE. I desire simply to say this: that because a person may be opposed to the test oath is not a reason in itself that he desires to have rebels on this floor. Suposing the Supreme Court, as it is intimate they have, should have come to the conclusion that the test oath, as it is called, is unconstitutional and void; is that evidence to this House or to the country or to the Gentfrom NewYork that they desire to admit rebels on the tloor of Congress? If that oath is in violation of the Constitution, and gentlemen on this side or that side see fit to oppose it on that ground, is that of itself any evidence that they desire to have rebels admitted to the floor of congress? It seems to me not, and I therefore think the gentleman’s argument is not sound or just, that even if individuals here are opposed to the test oath upon constitutional or other grounds, it is any evidence that they are in alliance with rebels or desire to ally themselves with them upon this floor or anywhere else.
Mr. RAYMOND. I have listened with at tention to the argument of the gentleman. I shall allow it to pass without any attempt at reply, because I am not engaged in that articular discussion now. But I wish to ask im a question pertinent to the issue he has made, an shall be obliged if he will answer it. Is he personally, and so far as he knows are the members of the party with which he acts, in favor of admitting members who may come here from the States lately in insurrection, who voluntarily took)art in the rebellion; or would he or they consi or that fact as a disqualification for holding seats here?
Mr. ELDRIDGE. Iam not authorized to speak for those around me on this side of the I onse, but I have been willing to act with that gentleman, and I believe a majority of the Democrats here have been willin to act with him, in admitting the Representatives from the States by districts, considering their character as they present themselves and the character of their constituency. I believe that to be the feeling and opinion on this side of the House.I so far as I have heard it expressed. In regard to the test.oath, I frankly admit that I am as an individual in favor of its repeal, believing it to be unconstitutional and void.
Mr. RAYMOND. The gentleman has given quite as an explicit an answer as I expected from him.
Mr. RAYMOND. Not yet. The Gentfrom Wisconsin says that he is willing to act with me; but the question is, how far? Iknow that up to a certain point he is. For example, he is willing to not With me in favor of admitting Representatives by districts. Now, I want to If the gentleman will know this: suppose a man presents himself here from a district in Tennessee. Georgia, Mississippi, or SCarolina and is tested by this House as to his qualifications, and he is asked the question, under oath. “ Did you take part in the rebellion; did you extend aid and comfort to it; did you make yourself by your voluntary action a responsible party to the rebellion?” and he says. “Yes, did;” now, I would like to know if, assuming. that in all Other respects he is qualified to be a member here, the gentleman would vote for his admission or for his exclusion?
Mr. ELDRIDGE. Iwill say for myselfand I hold no other man responsible for what 1 do say that if any gentleman comes here elected by the people of any district of any southern State and has the requisite personal constitutionalqualifications, I shall vote for his admission ifI mm the opportunity.
Mr. RAYMOND. Well, sir. the gentleman will excuse me for saying that that is an entire evasion of my question.
Mr. ELDRIDGE. Will the gentleman allow me to ask him if he would vote for the admission of anyone coming from the southern States who has not the constitutional qualification as a member of Congress?.
Mr. ELDRIDGE. Then I would sayto the gentleman more explicitly, that I would not either; but should anyone come here having the qualifications which are required b the Constitution of the U.S., (and [know no other test and would apply none other,) I would vote for his admission.
Mr. RAYMOND. The gentleman has not at all answered my question, and he is aware, I think. of that fuct. Perhaps he did not intend or wish to answer it. If so I will not press it. But assuming that he has been trying to answer it, and has been unfortunate in his attem is, I again request him to say whether he would vote for the admission or exclusion of a member who had taken part in the rebellion, but who was in all other respectsqualified.
Mr. ELDRIDG.' Itink I have answered the gentleman in the only manner it is possible. I can 0 on and state what qualifications 0. member should have. They are those pre. scribed in the Constitution and laws of the country. That test I would apply, and none other.
Mr. RAYMOND. The question is not what qualifications a man must have, but, what, in the judgment of the gentleman, would disqualify a man from admission; whether the fact of having voluntarily participated in the rebeb lion would or would not, in his judgment, disqualify such a man from becoming a member of this Congress.
Mr. EliDltlDGE. If there is any constitutional authority to exclude him. then I would vote against his admission. If he has violated the laws of the country or the Constitution of the U.S. so far as to unlit him to he a Representative according to the Constitution and laws of the U.S., then I would vote against him.
Mr. RAYMOND. Will the gentleman allow me to proceed a little further? Does the gentleman, or does he not, hold that voluntary participation in the rebellion is such a Violation of the Constitution of the U.S. as would disqualify a man from membership?
Mr. ELDRIDGE. I believe when a man has become infamous by the conviction oferime, that that does disqualify him unless he should. have been fully and unconditionally pardoned.
Mr. RAYMOND. Then unless a man has been convicted by a court and jury of participation in the rebellion, the gentleman would not hold him disqualified. Is that his position?
Mr. ELDRIDGE. I do not answer in that way. I answer that would be good evidence that he was unfit.
Mr. RAYMOND. Suppose he was not convicted, but was known to the gentleman to have been a rebel. c qualification to membership in this House. Itis, 4 y
Mr. EHDRIDGE. If it was testified to by.‘ some of the men on this floor, with the malig l nnnt spirit they have manifested here, I would not believe it. It hink it should be properly proved to the House.
Mr. MARSHALL. Mr. Speaker, the gentleman
Mr. RAYMOMD. I decline to yield at present. I hold that it is not only our duty nt our interest to admit loyal members from the southern States.
Mr. MARSHALL. I wish to say that the course of the gentleman is unfair to this side of the House.
Mr. RAYMOND. I submit to the Gentfrom Illinois [Mr. MARSHALL] that it isa matter of personal discourtesy to persist in breaking in upon the argument of a member upon the floor when he has distinctly declared that he does not desire to be interrupted.
Mr. MARSHALL. Well, I repeat that the course of the gentleman [Cries of “Order!” “Orderl”]
Mr. BOUTWELL. Doesthe Gentfrom NewYork mean, tosay that SCarolina and NewYork stand on the same footing in this respect?
Mr. RAYMOND. I see no difference in principle, none at all. You deny to South Darolina today the right to representation upon this floor because she has been in rebellion. What is to hinder the next Congress, if it should be of a different complexion, from denying the right to Massachusetts because she has not been in rebellion?
Mr. RAYMOND. Excuse me a moment. If the House is willing to extend my time I will yield cheerfully; otherwise I must proceed. Several MEMBIzas. Oh, we will extend your time.
Mr. RAYMOND. Then Iyield to the gentle man.
Mr. BOUTWELL. I merely want to say that there are somethings so apparent that they do not need argument, and one of them is the dif' ference between a State that has been in rebellion and a State that has not been in rebellion. No argument is required to show that the judgmentof the country may wisely take precautions against people who have been in rebellion. It would be a monstrous usurpation, which nobody could support, for those who have been in rebellion to undertake to exercise the same rights as those who had not been in rebellion. [Here the hammer fell.]
Mr. BINGHAM obtained the floor and said: I have no desire to cut off the Gentfrom NewYork from an opportunity of concludina his s eech. I hope it will be the pleasure o the house to extend his time, and ask that it be extended.
Mr. WENTWORTH. If he will only let the gentlemen on the o posite side of the House speak out, he shall have the whole afternoon. There being no objection made, Mr. RAY uoxn‘s time was extended.
Mr. BOUTWEEL. The difference between the Gentfrom NewYork and myself, undoubtedly, is that I do not admit that these 11 once States are for the present purposes of government to be recognized) as States. The Gentfrom NewYork in all his argument proceeds upon the idea that they are States clothed with full powers. Now, then, I ask him how he is to reconcile to himself, to his country, and to posterity the policy which he has supponted, and which the resi dent has inaugurated and maintained for the last 12 months, of dictating to SCarolina and other States terms and conditions precetbnt to their admission or to his recognition of their right to take part in the government of the country. I say that it would be the duty of the Gentfrom NewYork a duty from which I, myself, would not shrink, if I believed that SCarolina and Florida were States of this Union with all the same powers as Massachusetts and NewYork to arraign the POTUS for sending to those States such letters and tele grams as he has dispatched from time to time. can excuse him only on the ground that they were not States of the Union with full powers, and that he dealt with them, outside of the Constitution to be sure, but in the extraordinary circumstances the country was placed, according to his own judgment, and that so far as he went in dictating to them terms and conditidns, he did it; and that is all that Congress proposes to do. The power to be exercised is to be exercised not by the executive and ju dicial depts of the Government, but by the political dept of the Government, Congress and the Executive combined. Now, if it was right for the President 12 months ago to say that SCarolina and Florida would not be recognized by him unless they subjected themselves to certain rules and conditions prescribed by him, it is now right and proper for congress and the President to prescribe other conditions.
Mr. RAYMOND. The Gentfrom Massachusetts is a skillful strategist; he attempted to escape the point of my remarks 1st by ta (ing refuge in generalities. Failing in that, he now seeks to ivert my attention and that of the House from the point in issue by an attack upon the President.
Mr. BOUTWELL. I made no attack upon the President.
Mr. RAYMOND. Well, by raising an issue as to the policy of the President. I do not propose to follow him in that line of remark. this not at all germane to this point. I should not hesitate, at the proper time, however, to assert that, in my opinion, the action of the President has been just and within the exercise of his constitutional authority from the beginning to the end, and to maintain that opinion by such arguments as Imight. But at present I waive that. I think the gentleman states correctly the difference between himself and me. He says that I consider these States as States of the Union as under the Constitution, entitled to the irotection which it secures, and bound by all the obligations and duties which are imposed and gum untied by its provisions. In that he is quite correct. I do so bold. He says he does not. Well, sir, I do not propose, at present, to argugthe issue thus raised. I have argued it heretofore at greater length, I am afraid, than the patience of the House warranted me in doing. But I will merely say that the gentleman by this position comes in direct collision with the bill before the House.
Mr. BOUTWELL. I do not support the bill.
Mr. RAYMOND. Then, sir, I cannot press him upon that point. The gentleman is consistent. The bill recognizes these as States; it speaks of them in the title and in every section as “the States lately in insurrection.” However, as the gentleman says he is not going to support the bill, I cannot hold him to that, and we must be content to differ. I believe these to be States in the Union. I believe that we have no right to treat them otherwise than as the Constitution warrants and authorizes us to treat them. In my judgment it does not warrant us in saying to them, “You must do certain things which we prescribe; you must ratify certain amendments to the Constitution and pass certain laws which we desire you to pass, or your Representatives shall not be admitted to this floor.” I believe that principle strikes at the very foundation of our Government. For if there is anything fundamental in our Government it is the right, the absolute right of representation. Directly or indirectly it belongs to eve State, and to all the people of every State. lT eannot find any shadow of right for dening it, or for making it condi‘tional, dependent upon their compliance with terms which we prescribe. Why, sir, it was out of the denial of that right that our independence grew. The great men who in the English Parliament vindicated the position of this country, and claimed in Parliament that we were right in our rebellion, based that opinion expressly upon the ground that the right of representation was denied to us, while we were subject to laws in the making of which we had no share. But I will not pursue that further. Mr. Burke declared this right to be the characteristic mark and badge 0 British freedom, and on the night when Parliament recognized our independence the Earl of Shel burne proclaimed that it had been won in vin dication of a right which no free nation ever denied the right of representation in the making of laws we are required to obey.
Mr. KELLEY. Will the Gentfrom NewYork [Mr. RAYMOND] allow me for p moment?
Mr. NIBLACK. I desire to inquire if the Gentfrom NewYork intends to create the impression that the Union party has done all the work as a party, and to exclude the idea; that men of all parties have contributed to the work in their humble way.
Mr. RAYMOND. By no means. Iknow and have already said that men of all parties contributed their aid, but I repeat that as an organization the Democratic party did not sustain or aid the Government in prosecuting the war by which the rebellion was uclled.
Mr. NIBLACK. I concede that the Union party appointed the generals, held the officcs, and controlled the political power of the country, but Iinsist that, in proportion to numbers, the Democratic party did quite as much in furnishing men and means to carry on the war. It is untrue I say it in no offensive sense that the Union part is entitled to all the credit. It was the wor ( of the people, although they had to do the work under men of the Union party, under the Administration that happened to be in power as their representative for the time bein. We had no representatives in power, an we had, therefore, to work under the banner of that party. But I repudiate the idea that the great portion of the people engaged in the work had any connection whatever with the Union party. The appeal made to the country was that in this matter there was no party; that we must come forward as upon.10 and sustain the Government, and sustain the Administration as a matter of course and that when the war was over we could again resolve ourselves into our original elements, and 0 hack to our party. I say, therefore, that al this talk about the Union party being entitled to all the credit is unfair and illib oral, and in violation of the published eeches and pledges made to the country during the war by men of the Union or Republican party. It is calculated to make an unfair impression on the country, and if it goes into history. it will be unfair and untrue in history. I re ct that the gentleman, in arguing this question should indulge in these partisan and illibera remarks, which, with all respect to him, I say are unworthy of his position.
Mr. RAYMOND. The gentleman seems to be under the impression, or seeks to convey the idea, that the suppression of the rebellion was a voluntary work on the partof the people, actingasindividuals, andin thatseuseheclaims, and perhaps justly, that members of the Dem ocratic party did quite as much as members of the Union art.
Mr. NIBIiAGK. I say that in proportion to our numbers we did quite as much as the Union iarty.
Mr. AYMOND. I wish to state one respect in which they did not do as much. I acknowledge that the voluntary eli‘orts ofindividuals entered largely into the suppression of the rebellion.
Mr. NIBLACK. I claim that in the section of country from whence I come the Democratic party did more than any other party in that respect. And that is the case with many others on this side of the House. It was held that it was the work of the people, and neither the Democratic party nor any other party should claim‘the entire credit for it now.
Mr. RAYMOND. If the gentleman is done, I hope he will not again interrupt me when I begin to rely to his remarks.
Mr. NIB ACK. Ibeg the gentleman’s par don; I did not intend to interrupt him in an improper manner.
Mr. JOHNson. Will the Gentfrom NewYork [Mr. RAYMOND allow me to say a few words in response to the sentiment he has just uttered?
Mr. Vallandigham and I sat near to each other, and I know that he did not vote either way. [Laughter] I challenge gentlemen to the record. They are able to read; let them read it for themselves. What I say is that there was no Democratic organization here in this House. Gentlemen oughtto know that.
Mr. RAYMOND. I am a little surprised to hear the gentleman say that there was no Dom ocratic organization through the war. Did I understand him to say that there was no Dem ocratic organization, no attempts of the democratic party to maintain an organization during the war?
Mr. JOHNson. There was no Democratic organization in this House. I was speaking of this House.
Mr. JOHNson. I ask the gentleman to yield to me for a moment.
Mr. JOHNson. the gentleman understands very well the position which I occupy and which I maintain.
Mr. RAYMOND. I beg the gentleman to understand I do not speak of him individually. I do not speak personally of anyone. I speak of the organization.
Mr. JOHNson. From the position which the gentleman has assumed, from the fact that the democratic party existed in the country, does he tell me and this House that the organization of the Democratic party in a time of war is deleterious to the purpose of carrying on that war‘!
Mr. RAYMOND. That depends on its action. [Laughter]
Mr. JOHNson. The gentleman assumed that the Democratic party existed here as an organization. I say, speaking of the RepreSentatives on this, floor, that they were not here, as the gentleman alleges, opposing the Administration in “crushing out” the rebellion. I say, so far as “crushing out” the rebellion is concerned, the members of the Democratic party did not stand together as a party. There was no Democratic party on that point. The Democracy of the country in the organization took the position of “ crushing out” the rebellion., But there is one thing which the gentleman himself is now voting for which places obsta cles, now that the war is over, in the way of restoring the Union until the great abolition maw of the country may be filled and satiated; and that one thing is the proosition to post pone the restoration of the Union until 1870. The gentleman will recollect the Crittenden resolution of July 22, 1861, declaring that when the rebellion was crushed the war should end.
Mr. tAYMOND. The gentleman must excuse me.
Mr. JOHNson. My distinguished colleague from Lancaster [Mr. S'rsvsxs] voted “ no” on that proposition.
Mr. RAYMOND. I desire to finish what I have to so some time today, and I shall not be able to o it if I yield the floor for a general discussion of past party relations to gentlemen on the other side of the House.
Mr. JOHNson. Iwant the gentleman to answer me whether the Union is restored to day, and whether it can ever be restored until all the people are represented in the law mak inilpower of the Government?
Mr. RAYMOND. Mr. Speaker, I do not know whether
Mr. NIBLACK. Will the gentleman yield one moment?
Mr. NIBLACK. Idesire to inquire whether or not the great majority of the party to which the gentleman belongs does not oppose the present Administration, and whether in doing so they are disloyal to the Government or not.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, informed the House that the Senate had indefinitely postponed JtResolution of the House No. 162, relative to certain guns captured in the late war. Also, that the Senate had passed a JtResolution (S.R.No. 108) for the relief of Samuel Norris, in which the concurrence of the House was requested. MEXICAN AFFAIRS.
The Speaker, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep: In reply to the resolution of the HoRep of the 11th instant, requesting information in regard to the dispatch of military forces from ustria for service in Mexico, I transmit a report from the SecyState on that subject. ANDREWJOHNSON. WASHINGTON, June 18, 1866. The message, with the accompanying documents. was referred to the ComForAffrs and ordered to be printed. REBEL DEBT.
The Speaker also, by unanimous consent, laid before the House the following message from the POTUS: To the HoRep: In answer to the resolution of the HoRep of the 11th instant, requesting information concerning the provisions of the laws and ordinances of the late insurgent States on the subject of the rebel debt, socalled, I transmit a report from the SecyState, and the documents by which it was accompanied. ANDREWJOHNSON. Wiisuiso'ros, June 13, 1866. The message, with the accompanying documents, was referred to the ComReconstruction, and ordered to be printed. TlH I BORDER SURVEY.
The Speaker also, by unanimous consent, presented the following messagefrom the POTUS: To the HoRep: In answer to a resolution of the HoRep of the 28th of May, requesting information as to what progress has been made in completing the maps connected with the boundary s'urvey under the treaty of Washington, with copies of any correspondence on this subject not heretofore printed, I transmit a report from the SecyState, and the documents which accompanied it. ANDREWJOHNSON. WASHINGTON, June 14, 1866. The message, with the accompanying documents, was referred to the ComForAffrs and ordered to be printed.
Mr. RICE, of Maine, by unanimous consent, introduced a JtResolution respecting the may 5, charts, and surveys of the boundary line on er the treaty of Washington, and the charts and maps under the reciprocity treat; which was read a 1st and 2nd time, an referred to the ComForAffrs. PARIS EXPOSITION
Mr. BANKS. I ask leave to have printed the amendments of the Senate to the resolution of the House relative to the Paris Exposition. a NO objection was made, and the amendments were or ered to be printed. MEXICAN LOAN.
Mr. KELLEY, by unanimous consent, introduced a JtResolution for the protection of citizens of the U.S. in the matter of public loans of the republic of Mexico; which was read a 1st and 2nd time, and referred to the ComJudiciary. The following is the JtResolution: Be resolved The Senate and HoRep of the U.S.A. in congress assembled emi/“uteine , Vanied wtoof the pnrdestchnattp citizens of the U.S. who may see fit to advance money to a friendly republic may be protected from loss.) That the governznqnt of the U.S. hereby guarantiesto all citizens of the U.S. whom it may con‘ caenryn tlu payment accordin to the termsthereof.of public loan or loanso the republic of Mexico now oflcred or that may hereafter be offeredin the U.S.by the Government of the said republic. having not less thnnten nor more than 20 years to run and bearini.vaninterestofnot more than 7%. peraniiuin. duly authorized by the said Government edoftmheinist republic lconfip Mexico iaurysccfrrolimfied by the that republic: accredited to the U.S.: Provided. That the total amount of such loan or lonns shall not exceed the sumof $50,0M.000 And provided further. That the laid bonds shall bes old at the highestmar rate and that and market rate shall not be less than 85 cents for each bond of the partvuatliuneg of one dollar. And eachof the bonds constiloan or lonns thus guarantird shall, by or under the direction of the SecyTreasury of the U.S. be certified as such and shall be specificall and exactly registered and the record of the nut opticatioir of such loan or loansand the fullrcturu of said registri shall be deposited in the Deptof State of t a U.S. MILEAGE ACCOUNT.
Mr. BOUTWELL. I desire to make a personal statement. I find, by reference to Executive Document No. 125, that it is stated I received mileage for 513 miles travel. As a matter of fact, it is shown by the books in the office of the Sergeant at Arms of this House, and the books in the Treasury Dept, that I received mileage for only 454 miles travel. DEATH OF HON. JAMES HUMPHREY.
Mr. TAYLOR, by unanimous consent, submitted the following resolution; which was read, considered, and unanimously agreed to: deRlecgaaotleiomni.bTchaatpspeovinetnemd ebmy btchresoSfptchaeke NewYork House for the purpose of attendin the funeral of their late colleague. Hon. Janus nurse“: and that Ira Goodnow. the doorkecper of the House, be permittedto accompanythe delegatesappointed by the Speaker.
The Speaker announced the following members as those appointed by him under the foregoing resolution:
Mr. Nansen TAYLOR of the 5th district, Mr. DANIEL Momus of the 25th district, Mr. CHARLES H. wINFIELD of the 11th district, Mr. WILLIAM A. Dxnuxo of the 9th district, Mr. WILLiAM E. Donor: of the 8th district.
Mr. THOMAS T. DAVIS of the 23rd district. and)Mr. STEPHEN TABER of the 1st district of NewYork. SAMUEL NORRIS. On motion of Mr. BIDWELL, Senate JtResolution No. 108, for the relief of Samuel Norris, was taken from the Speaker’s table and read a 1st and 2nd time.
Mr. BIDWEIL. I desire to have this JtResolution acted on atthis time. I think there can be no objection to its passage. The JtResolution was read at length. It provides that the claim of Samuel Norris, of California, for supplies furnished the Indians of that State unor contracts made with certain commissioners, or either ofihcin, authorized to negotiate treaties with said Indians and all the papers relating thereto, be referred back to the Court of Claims for examination and allowance, and that in fixing the amount to be paid the claimant the rule shall be the actual value of the supplies furnished at the time and places of delivery, of which due proof shall be made by the claimant. The JtResolution was then read the 3rd time and passed.
Mr. SCHENCK. I ask leave to offer a resotion.
Mr. SCHENCK. Very well; then it only remains for me to return my acknowledgments to my colleague for his remarkable courtesy. And then, on motion of Mr. SPAliDING (at 4 o’clock and 35 minutes p. m., j the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions.&c. werepresentedunder therule and re crred to the appropriatecommittees: By Mr. HALE: The petitions of Peter S. Palmer and others and of Smith M. Weed and others, citizcnsof Clinton county.NewYork. prayivilie repeal ofan act establishing 1postrontefrom West Alburg, Vermont. to Chain lain. NewYork. Mr. HULBU D: The petition of sundry citizens of Rensselaer county.NewYork. askingincrease of duty on importedflax. Also. the petition of sundry citizens of StLawrence county, NewYork. asking a repeal of so much of nnyact as imposes a ten % taxon Statebank currenc paid out after Jii y next. By I Mr. TROWBRIDGE: The petition of G. W. Gaines.S.R.Rogers and 36 others.citizens of East Tennessee.askingfor the remission of a portion of the taxesto citizensof that Stateuntil their nst claims againstthe U.S. are adjustedan paid.
@@@IN SENATE SENATE. TUESDAY, June 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Secretary commenced to read the Jour nal of yesterday.
Mr. CONNESS. If no Senator desires to hear the Journal read I hope it will be dispensed with, and I made that motion, as time is now an object.
The PRESIDENT protempore. It requires unanimous consent to dispense with the reading of the Journal. No objection being made, its further reading is dispensed with. EXECUTIVE COMMUNICATION.
The PRESIDENT protempore laid before the Senate a communication from the SecyWar, transmitting, in answer to a resolution of the Senate of the 15th instant, copies of the preliminary reports made by the mixed board of Army and avy officers on the subject of coast defenses; which, on motion of Mr. WILSON, was referred to the ComMilAffrs . REPORTS OF COMMITTEES.
Mr. SHERMAN. I am directed b the ComFinance, to whom was referred a bill (S.No.856) for the relief of the U.S. Express Company, to ask to be discharged from its further consideration, and that it be referred to the ComClaims, which is the proper committee for it. The report was agreed to.
Mr. SPRAGUE from the ComMilAffrs to whom was referred aJtResolution (H. No. 150) to provide for payment of the claim of Colonel El. C. De Alina for military services, reported it without amendment.
Mr. HENDERSON, from the ComClaims, to whom was referred a bill (S.No.164) for the relief of Alois Klaus reported it without amendment, and submitte a report in writing, which was ordered to be printed. INTERNAL TAXATION.
Mr. MORGAN. I move that 500 extra copies of the bill (H.R.No. 618) to reduce internal taxation, and to amend an act entitled “ An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, " approved June 30, 1864, and acts nmendatory thereof, be printed with the amendments reported by the ComFinance.
The PRESIDENTprotampbra. thatmotion will go to the ComPrintg under the rules.
Mr. MORGAN. I should like to have it considered at the present time. It is important to act on the motion at once, so that it may be settled before the type is distributed. I therefore ask the unanimous consent of the Senate to have my motion acted upon at th present time.
The PRESIDENT protempore. The Senfrom NewYork asks the unanimous consent of the Senate to consider his motion to print an extra number of the bill named by him without referring it. according to the rules of the Senate, to the ComPrintg. The Chair can only entertain the motion by unanimous consent. No objection being made, the motion is before the Senate. The motion was agreed to.
Mr. FESSENDEN. Asthat subject is under consideration, and I observe that the bill as amended is printed and laid on our tables, and as gentlemen are anxious that the business of the session should be disposed of as fast as possible. I give notice that shall ask the senate to niorrow at one o’clock to proceed Will! the consideration of House bill No. 613, being the tax bill.
Mr. WILLIAMS. I move that the Senate proceed to the consideration of Senate bill No. s 2 granting lands to aid in the construction of a railroad and telegraph line from Salt Lake City to the Columbia river. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill.
Mr. HOWARD. This appears to be a bill of a great deal of importance. I understand it is for the construction of a railroad from Utah to some place in Oregon, a distance of some 100s of miles; I do not know how many, perhaps1,000. I submit that it will require considerable consideration, and I suggest to the honorable Senfrom Oregon that it ought to be laid aside for the present. Perhaps it should go to the ComPacificRR, but at all events I move to lay it aside for the present and to take up senate bill NO. 317, making an amendment to the Pacific railroad act. ‘liatis the same bill which was before the Senate yesterday moming and with which we made considerable prog ress, and I think we can dispose of it in a comparatively short time. I do not wish to embar rass the bill of the honorable Senfrom Oregon, but I should prefer to have it lie over until it can be more carefully examined.
Mr. WILLIAMS. I hope the Senfrom Michigan will not persist in his motion. This is a bill copied from other railroad bills that have been passed by Congress at this session without any question. It simply provides for the construction of n railroad from the Columbia river to Salt Lake City to connect with the Union Pacific railroad, and it makes the same grants reeisely that are made in all the other bills. ‘here is not a new feature of any kind or description in this bill, and I suppOsed that it would pass without any question. I hope that the Senator will allow it to pass at this time. It will only take a few minutes. There is nothing in it that can possibly excite discussion. It is a very iinportant bill. Men of capital are standing rea y now to take hold of the enterprise as soon as the bill can be passed through at the present session of congress. I have brought it forward now, and desire to pass it, if possible, so that during the present summer a corps of engineers may go orward and make the necessary surveys. I am sure the Senator will not oppose the pas saae of the bill or anything in it, for he has in orsed everything in the bill heretofore on several occasions. It will take but a very little time to dispose of this bill.
Mr. HOWARD. There is no doubt of its great importance; and for that very reason I should like to look into it more carefully. I think it had better lie over for a short time at least. I have not had time to read it. It is part and parcel of the Pacific railroad system. fI understand it properly and regularly the bill should have been referred to the Pacific Railroad Committee; but I will not insistupon that. I simply ask the Senator to allow it. to pass over until tomorrow or some future day. am very anxious to get u the bill to which I have referred and have it disposed of.
Mr. WILLIAMS. I am veryconfident, from what was said yesterday by teSenfrom Massachusetts and other Senators, that the bill the Senfrom Michigan proposes to take up will create considerable discussion and will take more than the morning hour. I would prefer to have that bill put among the regular orders of the Senate rather than to be brought forward in the morning hour when bills that will excite no discussion may be brought up and disposed of. There is nothing in this bill, I am sure, which the Senator needs to examine in order to indorse it. I have waited along time to bring this bill up. I have not had an opportunity heretofore to get it before the Senate. If I put it aside now, I am sure I shall have great ifliculty in bringing it up at any subsequent time. I he e the Senator will allow me to have a vote on this bill at the present time.
Mr. HOWARD. I must insist on my motion. I shall assent to whatever disposition the senate may see fit to make of it. I think the bill ought to go over.
The PRESIDENT protempore. The question is on the motion of the Senfrom Michigan to postpone the present and all prior orders and proceed to the consideration of Senate hill 0. 317. The motion was not agreed to.
The PRESIDENT protem ore. The amendments reported to the bill (. No. 336) before the Senate by the ComPubLands will be proceeded with in their order. The 1st amendment was in section one, line 5, in the list of corporators to strike out the word “Sems” and insert “Lewis” so that the name will read “ C. H. Lewis.’
Mr. WILLIAMS. I suggest that the mendments to the 1st section are merely verbal changing the mistakes made in the printin o the bill, and the we be acted upon together
The PRESID ‘NTyprotempera. The proposed amendments to the 1st section will be read together.
The Secretary read the amendments, which were in line 7 to insert the name of “John McBride;” in line 11 to insert the name of“ Clark Bell; ” andin line 14 to insert the name of “Edward Lander."
Mr. CONNESS. I hope the vote‘will be taken separately on the insertion of those names.
The PRESIDENT ro tempore. The vote will be taken separate y at the request of any Senator. The 1st question will be on inserting in line 7 the name of “John R. McBride.”
Mr. WILLIAMS. Iwill withdraw the amendment in the 11th line.
The PRESIDENTprotempura. The amendment is reported by a committee, and the Chair doubts whether an individual member of the Senate is authorized to withdraw an amendment reported b a committee.
Mr. WILLIAMS. suppose it can be done by unanimous consent.
Mr. POMEROY. It is only the insertion of a single name, and there seems to be some reason whv the name should be withdrawn.
The PRESIDENT protemporc. it is in the power of the Senate to dispose of the matter as they think proper.
Mr. POMEROY. I know of no objections to the name myself. I know nothing about it.;
The PRESIDENT protempore. I‘hc question is on inserting the name of “Clark Bell” in the 11th line of the 1st section.
Mr. CONNESS. I hope that will not be done. I have reasons that I think substantial ones why it should not be done. I do not wish to take up the time of the Senate this morning in stating them, but I shall be compelled to state them rather than allow it to be done now. The amendment was rejected. The next amendment was in section one, line. 14, to insert among the corporators the name of “ Edward Lander.”
Skip Skip The amendment was agreed to. The next amendment was in section one, line 30, after the word “namely” to strike out: Beginning at Salt Lake City in the Territory of Utah; thenceWesterly, bg' the most eligible anddirect railroad route. as shall e determined by said comsany.within the Territog' of the U.S. to the olumbia river. in the State of Oregonor Washington Territory. And in lieu thereof to insert: Beginning at a point Washington on the Columbia river, in Territory or Oregon, at or near Ilmntilla or Wallula; thence easterly bithe mostpligible and direct railroad ranto.as shall 0 determined b said company.to Salt Lake City. in thoTerritory of tub, or tosome point on the line of the Union Pacific railroad. so as to connect therewith westat the 109th meridian of longitude.
Skip Skip The amendment was agreed to. The next amendment was in‘section one, line 45, to strike out “ 30 ” and insert “300;" and in line 46 to strike out “1,000” and insert “100, ” so as to read: The capital stock ofsaid companyshall consist of 300,000 shares of 8100 each and shall be idtrcaonrsptoerraatbiolcnisnhaslul cphromviadnen.er as the by laws of
Skip Skip The amendment was agreed to. The next amendment was in section one, line 51, after the word “railroad” to insert “comany.”
Skip Skip The amendment was agreed to. The next amendment was in section one, line 76. to strike out “one” and insert “ten;"’ and in line 77 to strike out “ 50 ” and insert “ 5;” so as to read: So soonas 10,000shares shall in good faith besubscribedfor and 5 dollars pershareactually paid into the treasuryof the company, thesaid president and secretary of said boar o shall commissioners appoint a time and place for the 1st meeting of the subscribersto the stock.
Skip Skip The amendment was agreed to. The next amendment was in section 3, line 12, after the wor “company” to insert “confirming to said company;" so that the clause will read: The commissioners shall soreport to the POTUS and satents of land, as afore said shall be issuedto sni company confirming to said companytheright and title to said landssituated opposite to and contermine us With said completedsection of said read.
The PRESIDENTprotempore. The amendments reported from the committee have been completed.
Mr. POMEROY. I wish to call the attention of the Senfrom California, or some of the Senators who are familiar with these questions, to this provision in the bill on the top of the 7th page, “that where the gold or silver lands contain timber” the timber only shall be given. I suggest whether it ought not to read “timber thereon so much as may be necessary for building the road shall be gi en;” not the whole timber, but only so much as is necessary for the construction of the road. If that meets with their approval, I will move an amendment to insert in line 14 of sectibn two, after “timber thereon, ” the words “so much as may be necessary for the building of said road.” I think the miners would comlain if the railroad company got all the tim er; but if they have what is necessary for building the road on the even sections, I think it is a fairer adjustment than it is to give them the whole.
Mr. CONNESS. I am in favor of the object of this bill, and was anxious to have an o por tunity to read it before it wastaken up. I once I voted this morning to postpone it for that reason alone. The proposition now made by the Senfrom Kansas interferes with what was the intention unquestionably of those who prepared the bill. '1 he grant made in the pay cific railroad bill originaliy conve s the whole timber upon the odd7 sections which may be found to contain minerals, and the fee simple title to which could not consequently pass to the company. All the timber on those sections is granted to the company, and I presume that the gentlemen who prepared this bill intended a like grant to this company; but in amending the Pacific railroad grant subsequently, I had an amendment inserted which reserved. to the agriculturist and to the miner who might be located upon those sections the timber upon their locations and the timber necessary to the miner for operating his mine. This amendment of the Senfrom Kansas will meet the purpose in another way, and some such amendment should be made. The reason I desired a little delay was to enable me to look into this point and some others like it.
Mr. WILLIAMS. At the bottom of page 14, in section ten, line two, I move to strike out the word “ company" after “ railroad.”
Mr. HOWARD. I have not had time to read the bill now under consideration. I desire to be informed by the honorable Senfrom Oregon whether it makes any appropriation of money to aid the company in the construction of their road, whether it furnishes any subsidy in the form of security or guarantees on the part of the Government of the U.S., or whether it provides merely an appropriation of lands to aid the company in the prosecution of their work.
Mr. VILLIAMS. In answer to the senator’s question I will say that the bill does not make any approriation of money or contemplate anysuch ting, but simply appropriates and to aid the company in the construction of this road. It is no more extensive in the terms of its grant than any railroad bill that has passed this body appropriating lands for railroad purposes.
Mr. HOl ARD. How much does it approriate per mile?
Mr. VILLIAMS. Each odd section for ten miles‘on each side of the road.
Mr. POMEROY. I will say to the Senfrom Michigan that it does give more land than has been granted to States; it gives precisely what the Pacific railroad grant of land was. When we have given to States we have never given more than 5 sections on each side; ‘that is, ten sections permile in the whole. This gives ten on each side, which makes 20 in the whole, just what the Pacific railroad got.
Mr. POMEROY. Odd sections, alternate sections. It is precisely what the Pacific railroad has thron'rli the same section of country.
Mr. HOWARD. Does the title pass to the company before the completion ot the road from section to section?
Mr. POMEROY. Only as every 20 miles are completed and certified to. The bill was reported to the Senate as amended; the amendments were concurred in. The bill was orderengross for a 3rd re ading, was read the 3rd time, and passed. On motion of Mr. WHHHAMS, the title of the bill was amended so as to read, “A bill grantin lands to aid in the construction of a railroad from the Columbia river to Salt Lake City.” PACIFIC RAILROAD.
Mr. HOWARD. I now move to take up Senate bill No. 317. The motion was a eed to; and the consideration of the bill (. No. 317) to amend an act entitled “An act to amend an not entitled ‘An act to aid in the construction of a railroad and tele aph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for ostal, military, and other purposes, approve July 1, 1862, approved ul 2, 1864, was resumed as in ComWhole, the pending question being on the amendment proposed by Mr. POMEROY to add to the 1st section the following proviso: ci.fiAc nd Rapirlowvaiyde Edofumr pflaienry., Tchaasttesrhnoduilvdistihoen.UunniodnerPthae: provisions of this act. file their map locating their 1 road tInhteeirrio nr, iaplicretolore filed in the deptof the then and in that event the Hannibal and StJoseph Railroad Company, or their assigns, being authorized to connect with the said railroad under the severalncLsto which this is an amendment, may c. an are hereby, nnth prized to continuetheir road westwardly fromthe point providedforin the afore said acts to a connertionw ith the union Pacific railroad atsomeiiointeast of the 100 thmeridian of lopgitude and for that purpose may have the same pirmoyitiastipionnss aonf dthbocssauib' Pacific railroard esateritest.ions and
Mr. HOWARD. It was intimated yesterday that the amendment offered by the honorable Senfrom Kansas required a further approprintion of money or of subsidies in ordbr to carry it out. The amendment itself was never before the ComPacificRR; and that committee is in no sense responsible for the measure. If that be its effect, I most respectfully and earnestly suggest to the honorable Senator to withdraw the amendment, so far as this bill is concerned, because it must surely fgive rise to considerable discussion and loss 0 time, and present his amendment in the form of a separate measure, and let it be passed upon on its merits, if it has merits. It upon adifferent route from that indicated in is quite sure that in the present state of thin s in This body there is danger of losing the whole bill if the Senator insists n may that amendment.
Mr. POMEROY. I did not suppose that this amendment would endanger the ill. My point was this: the road havmg been located in one valley in my State, and the land with drawn from market, and parties havin acquired interests there, great injustice would be done them unless some company were authorized to build a road there. I thought I would submit the matter fairly to the Senate. If the Senate conclude that no injustice will be done anybody, then, of course, they will vote the amendment down; but I wish it distinctly understood that parties have acquired rights under that location that they cannot be divested of, either by Congress or any other body, without repair in the damage. I thought that was so, and I believe it is so. If the Senator has read the opinion of the SecyInterior, which was submitted to the AttyGen and approved by him, he will see precisely the point I am aiming at.
Mr. HOWARD. I think I apprehend the point. The Senator cannot doubt that conress will be entirely willing to do complete Justice to all those individuals who may suffer pecuniarily in consequence of the passage of the bill now under consideration. Tshould be quite willing at all times to grant any relief which justice requires to those persons who have thus locate in that region.
Mr. POMEROY. If Congress is ready to make up for all those losses, there will be no difficult.
Mr. HOWARD. But I do not see the propriety, exactly, of incorporating such a provision as that in the bill now under consideration. It is in itself a separate and distinct proposition, and it ought to be so treated, as it strikes me.
Mr. POMEROY. The Senator may not understand that this amendment is germane to the bill; but I do not agree with him on that int. This bill now prooses to change the ocation of the road noting else; but that is not the point I am objecting to. The oint Iain objecting to is, that when that is one, nstice ought to be done to the parties who have taken it for granted, under tie previous bill, that this road was to be located in the valley of the Republican.
Mr. CONNESS. The provision of law now is that the Pacific railroad, eastern division, shall be located through the valley of the Republican river, and the Senfrom Kansas says that because of that provision many persons have bought the even sections of Ian of the Government, and paid the enhanced price of $2 60 an acre for them, and that if this bill shall pass authorizing the company to vary the route, to change the location to the valley of the Smoky Hil river, those settlers ought to be comensated by the Government, and not require to pay $2 50 an acre for their land. As sng ested by the honorable chairman of the Pacifige Railroad Committee, of course the Government will make such a provision if we pass this bill. But the best art of the proposition of the Senfrom ansas now comes in. He says that in lieu of the benefit that would thus be conferred upon the settlers, it is but fair to allow a company that the honorable senator or his people have u there to extend their line so as to authorize them to join the Union Pacific railroad, and also to have bonds of the U.S., at the rate of $16,000 permile, in addition to lands. If there is any proposition settled, at least for this session, so far as the Pacific Railroad Committee of this'body can settle it, it is that they will authorize no addition of bonds to be aid to any company building or engaged in iiilding a branch of the Pacific railroad. That question has been deliberately examined upon a bill presented by the honorable Senator and urged by him and the committee have reported upon it. Now I submit to him that the Senate cannot of course he has a right to get a vote, and I hope he will get a vote upon it the Senate cannot, at this session at least, authorize an addition of bonds to branches of the Pacific railroad such as is contemplated by his proposition.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday.
Mr. POMEROY. I do not wish to discuss this matter at any length.
Mr. CONNESS. I move that the unfinished business lie Over informally.
The PRESIDENT protempore. The unfinished business is the bill (S.No.257) to regulate the occupation of mineral lands and to extend the right of pre‘emtion thereto.
Mr. WILSON. A few nys ago I had as special assignment made for today of the bill (Iii. R. No. 613) to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes. p
The PRESIDENT to tempore. That was made the special order or today at one o’clock, but under the rule and practice of the Senate the unfinished business of the preceding day takes precedence of the special order.
Mr. POMEROY. Iliope we shall be allowed to dispose of this railroad bill. We can do it in ten minutes, I resume.
Mr. SHERMA. There are 2 special orders for today at one o’clock. I had an understanding with the Senfrom Massachusetts that I should today desire to pass the Army appropriation bill in order to have it out of the way. Phone is but one amendment pending to it, and I will move to postpone all prior orders with a view to take up the Army appropriation bill.
Mr. POMEROY. I hope this railroad bill will not go over on account of any opposition of mine.
Mr. SHERMAN, [to Mr. Pom 2301.] Your amendment will kill the bill if you put it on.
The PRESIDENT protempore. Will the Senfrom Ohio repeat his motion?
Mr. SHERMAN. I move to postpone all prior orders and take up the bill (H.R.No. 127) making apprOpriations for the support of the Army for the year ending June 30, 1867.
Mr. HENDERSON. I suppose it will take but ii few moments to dispose of the Army appropriation bill when it comes up; but I will state to the Senfrom Ohio that I desire to offer an amendment to that bill when it is before the Senate. I have not the amendment with me this morning. I offered a resolution on the subject and had it referred to the ComMilAffrs. The Army bill is the approriate place for my amendment to come, an I desire the Senate to pass upon it. I do not know whether the Military Committee has yet acted upon it. There wasa resolution of in iiiry passed at the early part of the session directed to the SecyWar, and that resolution has been answered by the Secretary. My colleague, who is upon the Military Coin mittee, has been absent until yesterday, and I am not prepared to say what has been the action of the Military Committee since Mr. Stanton’s report has come in. I desire to offer the JtResolution that I introduced with regard to the bount to the ten regiments of my State that serve through the war, as an amendment to the Army bill when it comes up. I suppose there will be no resistance whatever to that ill. I believe it is about perfect now. I hope the Senfrom Ohio will let this railroad bill, which I regard as important, be acted upon; and then, ifhe insists upon taking up the Army bill this afternoon, after we get through With the railroad bill, I will send over and get the amendment that I propose.
Mr. SHERMA. I certainly do not Wish to place any obstacle in the way of the railroad bill: to which I assent and shall vote for, but this was the day set for the Army approriation bill. I gore notice on Friday to the chairman of the ComMilAffrs that. I should call it up today and he assented toit. It will not do to wait until every member is ready to act a on it. We have been notified that the tax ill will be taken up tomorrow, and these appropriation bills ought to be got out of the way. I therefore insist upon my motion. I think it will not take long to dispose of the Arm appropriation bill.
Mr. CONNESS. I wish to state to the honorable Senfrom Ohio that I also have an amendment to offer to that bill, which I laid in in drawer, but since he hasmentioned the bill have been looking for it. but cannot find it.‘ It seems to have been mislaid.
Mr. SHERMAN. You can easily find it or write another.
Mr. CONNESS. I doubt very much whether I can prepare it in a moment while it is being suggested. I agree with the Senator that it is important to pass the Army appropriation bill; but I think we can take it up in the morning hour and give it precedence over other bills and pass it. I hope the Senator will not urge it at this moment, forthese special reasons, and for the reason that we ought to go forward with this railroad bill and finish it. I desire to say. while l am up, to the honorable Senfrom Massachusetts, that Ijoin with him in any anx iety he may have for the bill that he proposes to take up; but the shorter way, it a ears to me, to come to it is, to remove the ills that are now pending and that are nearly considered and get a vote upon them; let the Senate vote them up or vote them down, and then we shall get to his bill. I am very anxious to get to it.
Mr. WILSON. I will simply say that the ComMilAffrs have 7 or 8 bills awaitin action, and we have been waiting day after pay for Senators to get their bills out of the way. Last week I moved to assign this Freedmen’s Bureau bill specially for today at one o'clock. The Senfrom Ohio thought he ought to take up the Army approriation bill today. I regard, as we all regar, the appropriation bills as of importance. Yesteray was given to mining matters, and the morning hour for 2 or 3 mornings has been given to this railroad bill. I want to get the F reeduian's Bureau bill through today. ifpossible; and as it has been suggested by Senators that they have some amendments to offer to the Army appropriation bill, I think the Senfrom Sliio had better let it lie over and let us take up the Freedmen’s Bureau bill, which I think we can perhaps finish in an hour. I should like to get through with that bill today. Mr'. CONNESS. I wish to state that I have found my amendment to the Army appropriation bill of which I spoke.
Mr. SHERMAN. I think we had better get rid of the Army a population bill and have it out of the way. It is one of those things that obstruct other business. I therefore insist on my motion. The motion was agreed to. ARMY APPROPRIATION BILL. The Senate resumed the consideration of the bill (H. It. No. 107) making appropriations for the support of the Army for the year ending the 30th of June. 1867.
Mr. SHERMAN. I am directed by the ComFinance to propose an amendment as an additional section: Abife: That the following some bmeo.nnenyd the same are hereby appropriated out of an in the Treasury not otherwiseap proprinte. forthesup‘portof the Bureau of Refugees. Freedmen and Aban onedLands.for the fiscal year eumineneing January 1. 1866 namely: 'or salaries of asstand sub assteommis Sinncrs.5147.500. For salaries of elerks. 2.0(ll. For stationery and printlne. 8.000. For quarters and fuel. 85. t For clothing for distribution. 81.170.M. For coininissary stores. 513.196.2230. For medical dept SavlXWOO. For transportation.51.3 0.0“). For when superintendents.521.000. For repairs and rent of school housesandasylum.
Mr. CONNESS. I offer the following amendment as an additional section: Abife: That the quartermaster's dept shall in all cases.in obtaining supplies for the military service.state in ndvcrtisoments forbids for contractsthat a preferenceshall begiven to articles of doniesticproductionand manufacture conditions of prico andquality beingequul: and that such grcfereneeshall be“iron to articlesof American production and manufacture produced on the Pacific coastto the extent of the production required by the public service there; and to that end the QuarterMGen shall cause advertisements to e published in the citics of SanFrancisco.in California and Portland. in the State of Oregon and heshall accept the lowest responsible bids under such advertisements if the quality be equal each in its kind or superior to that which shall 0 offeredby bidderson the Atlantic side and if the price or cost to the Government be no greater than articles of like kind offered by bidderson the Atlantic side with the costof transportation added thereto.
Mr. SHERMAN. The only objection I see to the amendment. as I gather from the reading, is that it would compel the QuarterMGen to advertise for all supplies on the Pacific that are needed there.
Mr. CONNESS. No, air. He is simply required to advertise for such supplies as are wanted for service there and proneed there specifically.
Mr. SHERMAN. I know there are certain kinds not to be found there. So far as blankets and food are concerned.I have no objection.
Mr. CONNESS. It is so stated; such articles as are produced there that are used there. That is stated.
Mr. WILSON. I repose the following amendment as an additional section: Abife: That a sum not exceeding 845.000 is herebyappropriated from any moneysin the Treasury not otherwise appropriated. for the purchase of 58 scres. 94 and one quarter polesof land near Nashville. Tennessee be in: the site of Fort Morton, as recommendedby the chief engineer. This is to purchase the site on which Fort Morton stands. near Nashville. Tennessee, 58 acres of land, recommended by the chief of Engineers and by the SecyWar. The Government seized this property and is using it, and the damages will be nearly or quite as much as will be the cost of the purchase. The proposition is recommended by the chief of engineers and by General Thomas.
Mr. WILSON. For the purposes for which it is now used.
Mr. WILSON. It is used for a fort and some other purposes.
Mr. GRIMES. DO I understand that it is recommended that we should buy this land for fortification purposes.
Mr. WILSO. For a fort and other government purposes. General Thomas and the chief of Engineers and the SecyWar all recommend the purchase and the Secretary says the damages which the parties demand for the use of the property are nearly or quite as large as will be the cost of purchasin g the property.
Mr. WILSON. I propose another amendment: Abife: That the sumof 87.000be. i and the some is hereby. appropriated out of an moneyin the Treasury not ptherwise n proprinte. for the purchase and useduring the robe lion of 50 three and one quarter acres of land at Gloucester. Massachusetts and of the right of wn y thorctos.aid land being the property of Thomas Niles and now occupied by the U.S. as a fortification for the defenseof Gloucesterharbor; and the said land shall not beJmid for until the Attorncy Genoralshall have decide that the title thereto Is legally vested in said Thomas Niles.
Mr. GRIMES. I wish toiuquire whoseized this property.
Mr. WILSON. It was seized by the authority of the Government of the U.S. have a letter from the SecyWar in regard to the matter and a report on the subject from the chief Engineer. The land was taken and used by the Government and they have now a fortification upon it. The parties demand several 1,000 dollars by way of damages, and we propose to pay them $7,000 for the propertyinstead of what they ask. That is the estimate of the SecyWar. as he states in his communication to Congress.
Mr. SHERMAN. I ask the Senfrom Massachusetts why he did not offer this amendment to the fortification bill when it was pond in. That was the proor place for it.
Mr. WILSON. Itiink the estimate has come in since we had that bill under consideration. It was sent here on the 21st of May, by the SecyWar, with a large quantity of papers giving a very full statement of the whole case, showing what land was used. what we want, what we have in possession, and the value of what we proposeto occupy. The papers are now on my esk. The owner asked $15,000, and the Government reed to pay $7,000 for the land taken, together with the damages for using this amount of land.
Mr. GRIMES. I should reallyliketo know why we are fortifyin Gloucester harbor. when it was, by whose 0 er it was and who did it.
Mr. NESMITH. I offer this amendment, to come in as a.separate section: Abife: That hereafter the Superintendent of the Military Academymay be selected from any corpsof the Army.
Mr. GRIMES. Do I understand that the amendment in regard to Gloucester has been ado ted? '
Thie PRESIDENT protempera. It has been. I
Mr. GRIMES. I move to reconsider the vote by which the Senate agreed to that amend ment. Since the amendment was proposed my memory has been slightly refreshed in regard to it. IfI have not misappreliended the facts, this seizure of property at louccsterwas more at the instance of the Gloucester people, who became alarmed at the anticipate depredations of some of the rebel pirates, than at the instance of the Government. I remember meetin some of the Gloucester people in one of the Tdepts of this Government when they were on here asking to have cannon sent up there in order to defend themselves. I think that. the facts will turn out to be as I state; and Iain confirmedin thatopinion from the 1st sentence in the letter of lllhjor Blunt, of the engineer service, who was sent to investigate the subject, in which he speaks of its having been “alleged” by the Gloucester people that this property was seized by the government of the U.S. At any rate, I am satisfied that it is a subject which ought to be more thoroughly investigated than it has been here today, for the Senfrom Massachusetts himself is not able to explain the facts. He only says that there is a report from the Secretary of Vi or on the subject. I desire to have that report and the accompanying letter printed before we are called upon to act on this question. 7
Mr. CRAGIN. I happen to have a little personal knowledge on that subject, although probably it does not go to the whole extent of nowing all about it. I happened to be I n Gloucester on some business at the time this movement originated. The people there, fearing that rebe piratical ships might attack them, organized a company and got up a committee and sent them on here for the purpose of getting arms from the Government. It was understood and talked of there at that time that the movement was to involve no expense to the Government except that the Government should loan them arms. What was the 'success of that enterprise I do not know, but I presume this is the result of that movement. I‘ he mtR agreed to.
The PRESIDENT protempore. The question recurs on the amendment of the Senfrom Massachusetts, which has just been recon sidered. The amendment was rejected.
Mr. WILSON. I offer this amendment: Abife: Thatsection 17 of 1 an not entitled “An act to define the pay and emoluments of certain officers of the Army." July appeoved 17, 1861 and aresolution entitled “A resolution, to authorize the President to assmu the command of troops in the same field or dept to officers of the persila4m.ele8r6a2db.eew, iathnodut 3 sgaamrdetoasreenhieorreitbyy, ”.Resolved; that no officer in the military or naval service shall be dismissed from service except upon and in pursuance of the sentence of a court martial to that effect or in commutation thereof.
The PRESIDENT protempore. The Senfrom Oregon [Mr. Nnsnirn] offered an amendment which has not been acted upon. It will now be read.
The Secretary read the amendment of Mr. NESMITH, as follows: Abife: That hereafter the Superintendent of the Military Academy may be selected from any corpsof the Army.
Mr. WADE called for the yeas&nays, and they were ordered.
Mr. FESSENDEN. I believe the Senate voted down this proposition twice or 3 times I do not remember exactly how many times. I do not remember what bill the Senfrom Oregon moved it to before.
Mr. SHERMAN. It was offered as an amendment to the WestPoint bill.
Mr. FESSENDEN. Iliope it will notbe put on this Army appropriation bill, at any rate. I do not know whether the new Board of Vis itors has recommended it, but I suppose it is very likely it has done so. The matter was very fully discussed before, and the Senate by a decided vote rejected the proposition.
Mr. NESMITH. There was but one vote on the question, I think, and that was when I offered this proposition as an amendment to a JtResolution passed by the Senate some time sin cc in regard to appointments to the WestPoint Academy. It was then voted down by a majority of one, the vote standing 18 to 19. It was objected to then by some that that was not the proper place for such an amendment, and for that reason, no doubt, some Senators voted against it. This bill making appropriations for the support of the Army seems to be an appropriate place for it, and I have offered it again. be adopted. Mr. SPRAGUE. It seemsto me thuttlus is a very wise provision and I should be very glad to see it placed on this bill or any other bill to which it may be appropriate. It seems to me very unwise to confine the selection of the officer who shall have the superiiiteudency of the Military Academy to any particular branch of the Army, eithert e engineers, the artillery, the infantry, the cavalry, or any other special dept of the service. It seems to me the fied of selection should be as wide as the whole service. The (question being taken by yeas&nays, resulte yeas 17, nays 12; will So
Mr. WILSON. I offer this amendment as a new section: Abife: That section 35 entitled “An act for enrolling and calling out the national forces and for other purposes."approved March 3. 1863, prohibiting the payment of extra duly pay to enlisted men of the Army. be and the snrnp is iereby. repealed: and the provisionsof the original act and the authority to grant extra pay are hereby extendedtothe c nlistedmenof the Navy and Marine corpsof the U.S.
Mr. SHERMAN. I should like to have some exlanation of that. I do not understand it.
Mr. WILSON. This matter has been discussed during the present session, and I supposed it was well understood. The provision' is recommended very strongly by the Depts. Formerly soldiers were allowed acertain amount, I think 25 cents perday, I hope it will i l l l l l l ll account of its wearing out their clothes and other reasons of that character. when they were detailed to do work not properly connected with their duties as soldiers, on During the war, bein engaged in war and havingr vast masses 0 men in the service, we repealed the act granting this allowance, and it is now proposed to restore it. In many cases soldiers are employed for many days where otherwise we should have to hire men. We employ some of them as mechanics, in continuous labor for days and weeks, very important to the government, and it is believed that to allow this extra pay will save money to the Government and‘is a mere matter of justice to the soldiers. We inserted this provision under the Army organization bill when it was before the senate, and the Senfrom Iowathen moved to include the men of the Navy and Marine corps in the provision, and I have offered this amendment in the shape in which the proposition received the sanction of the Senate before without any 0 position.
Mr. GRIMES. I can best illustrate this matter by an examile falling within my own knowledge in the State where I live. Many years ago, when Iowa was a Territory, I remember that the Government on several occasions had to build forts away out on the front ier, beyond the white settlements. In those cases the forts were built by the soldiers, and they received 20 or 25 cents aday additional pay as compensation for the labor they performed outside of their duties as soldiers, whereas, if the same work had been performed by mechanics it would have cost the Government probably very much more. The application of the same principle to sailors and marines is simply for the benefit of a few who are stationed at the Naval Academy, some of whom are ainters and car enters, and who are employed in that way, an it will not involve any considerable expense.
Mr. WILSON. I offer another amendment to come in as an additional section: Abife: That the allowance now madebylaw to officerstravelingunder orders.where transportation is not furnished in kind shall be increasedto tencentsper mile. We agreed to this provision during the session on the Army organization bill by the general consent of the Senate.
Skip Skip The amendment was agreed to. The amendments were order engross and the bill to be read a3rd time. The bill was read the 3rd time and passed. On motion of Mr. SHERMAN, its title was amended by the addition of the words.“and for other purposes.”
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MOPKERSON, its Clerk, announced thatthe HoRep had concurred in the report of the committee ofconferrence on the disagreeing votes of the 2 Houses on the amendments to the bill (H.R.No. 492) making appropriations for the repair, preservation, and completion of certain public works heretofore commenced under the authority of law, and for other purposes. The message also announced that the HoRep had passed, without amendment, the JtResolution (S.R.No. 108) for the relief of Samuel Norris. The message further announced that the HoRep had passed a JtResolution (Hi? R. No. 166) to pay to the State of Vermont the sum expendedifor the protection of the frontier against the invasion from Canada in 1864; and a bill (H.R.No. 276) to establish a Dept of Education; in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the HoRep had signed the following enrolled bills and JtResolutions; and they were thereupon signed by the President protempore of the Senate: A bill (S.No.127) for the relief ofJOiuithan W. Gordon, late majorin the 11th regiment of infantry; A bill (S.No.230) to reimburse the State of WestVirginia for moneys expended for ihe U.S. in enrolling, equipping, and paying military forces to aid in Suppressing the re)ellion; A bill (S.No.278) for the relief of Captain John H. Crowell, asst quartermaster in the U.S. Army; A bill (S.No.174) to establish a hydro graphic office in the Navy dept; AJtResolution (S.R.o. 85) explanatory of and in addition to the act of May 5, 186 1, entitled “An act granting lands to aid in the construction of certain railroads in Wiscoiisin;" and AJtResolution (S. R. No. 71) referring the petition and papers in the case of Joseph Neck to the Court of Claims. ORDER OF BUSINESS.
Mr. WILSON. I now move to take'up the bill which was specially assigned for one o'clock today House ill No. 613, to continue in force and to amend an act to establish a Bureau for the Relief of Freedmen and Refugees and for other purposes.,
Mr. HOWARD. I hope that will not be taken up, but that the Senate will continue the consideration of bill No. 317 the Pacific railroad bill and let us get through with it. That is the unfinished business now properly before the Senate, and I think we can dispatch it in the course of half an hour, or an hour at the most.
Mr. WILSON. I will say to the Senfrom Michigan that his bill was up in the morning hour yesterday and today, and as I secured a special assignment of this bill I think it ought not to be laid aside for the purpose of taking up any other bill. I am very anxious to have it passed, and I hope the Senate will proceed with it.
Mr. HOWARD. I believe it is the rule of the Senate that the unfinished business of yesterday takes precedence of the special order.
The PRESIDENT protempore. That is the rule of the Senate, but that question is not now before the Senate.
Mr. HOWARD: I hope the Pacific railroad bill will be continued.
The PRESIDENT protempore. The nestion is on the motion of the Senfrom.Ias sacliusetts, to postpone the presentaud all prior orders and proceed to the consideration of House bill Io. 613.
Skip Skip The question being put, there were, on a division ayes 13, noes 16.
Mr. HOWARD. Now I move to take up Senate bill No. 317.
Mr. WILSON. I should like to have the yeas&nays on my motion.
Mr. SHERMAN. We can get rid of the railroad bill in a short time.
Mr. WILSON. I gave way today to the Senfrom Ohio after I had got a special assignment, and now he asks me to give way further. I think it is a strange request. I ask for the yeas and na 8 on the motion.
The PRESIDENTprotempore. The Chair will entertain the call for the veas&nays. The yea and an s were or ered.
Mr. SHERMAN. I wish to see the passage of both these bills, and I dislike to see them antagonized. This railr‘bad bill I know is a matter of great importance to the railroad. If the Kansas branch is to be allowed to go up the Smoky Hill route the bill ought to be passed at this session, and at this period; if it is not passed here soon, it will not probably be considered by the other House. I think it ought to be disposed of. It has been before the Senate now 3 days. The Freedincn’s Bureau bill. I think. should be passed to (lny also. The railroad bill has been discussed, I suppose, nearly as much as it will be, and I hope. therefore, it will be taken up now. The Pacific Railroad Committee very fully considered it. I desire to take up that bill, and hope both may be passed to da.
Mr. TRUMBULL. I desire to inquire what the special order now is. What is before the Senate? My impression is, that the bureau hill is the bi l in order. It being set as a special order for today, and the Army appropriation bill having superseded it, it won (I come up in its order at any rate on the Army bill being disposed of. I suppose the unfinished business of yesterday has been dislaced. This was the special order for today, an where there are several speciallorders, the oldest one, I believe, has precedence. I make the inquiry to know if this bill is not before the Senate.
The PRESIDENT p'ro temporc. The Chair thinks it would be before. the Senate in the absence of a motion.
Mr. TRUMBULL.’ Then it is properly before the Senate, and we may as well go on with it. Mr. BROWN. The motion is to lay it aside and take u the other hill.
Mr. TRUMBULL. No; there is no other motion. I call for the order of the day.
Mr. BROWN. That is the motion of the Senator behind on.
Mr. TRUMB ILL. That motion has not been made. The Senfrom Massachusetts made a motion to take this bill up, and on that question there was a vote, and it is now being ascertained how the vote was. Before we do that, it is competent to ascertain whether this bill is not before the Senate. If it is, we had better go on with it.
Mr. CONNESS. The unfinished business today was the mining bill. We were very anxious to finish that, but we gave way for the more pressing necessity of the appropriation bill at the solicitations of the Senator who had it in charge. Certainly the special order having lost its time has no privilege now, and therefore the question is, by a vote of the senate, shall we iroceed to the consideration of the Freedmen 5 Bureau bill? The Secretary proceeded to call the roll.
Mr. HENDRI KS. There are Senators on this side, and I am among them, who do not understand what the question is. Is it to take up the Freedmen's Bureau bill or to take up the railroad bill?
The PRESIDENT ro tempura. The Freedmen’s Bureau bill. he motion was to post pone the present and all prior orders and proceed to the consideration of‘that bill, and.the question is on that motion. The guestion being taken by yeas&nays, resulte yeas14, nays 17; So the motion was not agreed to. PACIFIC RAILROAD.
Mr. HOWARD. I now move to take up Senate bill No. 317. The motion was a reed to; and the Senate, as in ComWhole, resumed the consideration of the bill (S.No.317) to amend an act entitled “An act to amend mlact entitled ‘An act to aid in the construction of a railroad and tele raph line from the Missouri river to the Paci 0 ocean, and to secure to the Government the use of the same for ostal, military, and other purposes, approved uly 1, 1862, " approved July 2, 1864.
Mr. POMEROY. I believe the pending question is on the amendment that I submit ted. I have conversed with very many of the members of the Pacific Railroad Committee, and as they desire to report 11 on this proposition separately, not connecte with. this bill, I do not desire to ress it against the wishes of the friends of this measure and of our railroads. I will therefore withdraw the amend bment. The Senfrom California, in his remarks just now, did not precisely state the case. What he said in reference to the settlers on the line of the Republican is entirely true; but he failed to say that the company that I have named in the amendment having the right to connect on the Republican it was the vested rights of that company that I had reference to as well as of the settlers, which were argued at considerable length in the report of the SecyInterior and approved by the At; torney General, so that no act of Congress can divest them of them; but if Congress desires by subsequent legislation to amend the law, I have no objection to considering it in a subsequent measure.
Mr. CONNESS. I think that would be the best way.
Mr. IOMEROY. For that reason, if that meets the concurrence and views of the friends of this measure and of the Pacific Railroad Committee, as I understand it does, I with draw the amendment.
The PRESIDENT protempore. The amendment before the Senate is Withdrawn.
Mr. GRIMES. Am I correct in understanding the Senfrom Kansas to say that the members of the Pacific Railroad ‘ommittee have informed him they will report back his proosition in an independent bill?
Mr. POMEROY. No, sir. I said they preferred to consider it as an independent measure. I did not say what they would report, for I do not know; they have not made their report yet. They may make it, and when they make it we shall be able to tell what it is.
Mr. KIRKWOOD. I move to strike out the 1st section of the bill. I wish to correct the remarks of the Senfrom Kansas. Do I understand him to say that if the bill as reported shall pass his understanding is that the road of which he spoke, runnin west from Hannibal. will have the right, an or the existing law, to connect with the main trunk at the 100th meridian ‘I
Mr. POMEROY. No, sir; not under the existing law. They have the right to connect on the Republican where this company filed their ma, not at the 100th meridian.
Mr. IRKWOOD. Do I understand the Senator to say that they will have the right to connect at some place with the main stem of the road ‘I
Mr. POMEROY. At a point on the Republican river about 100 miles west from the Missouri river. They have located their line to that point and tiled their map andissued their bonds.
Mr. POMEROY. The assignees of the Han nibal and St] 0. road.
Mr. KIRKWOOD. It seems to me we are acting somewhat blindly in this matter and undoing what has been very carefully done here tofore. The idea of the Pacific railroad, as I understand it, was to make one trunk line from the 100th meridian west, and 3 branches uniting at or about that point with the main trunk. Each of these 3 branches was to haveasubsidy of money and a land grant. Of course each was to get as rapidly as possible to the point of junction, and then the combined interests of all were to push the main road west ward as rapidly as possible. The effort seems now to he to divide these interests, and instead ofunitin them at the 100th meridian and having them, with their united strength, iish the main trunk westwardly from that point, it seems to be to divide them u and weaken their united strength and that their interests shall so arate until we get 2 or 300 miles further West. This does not appear to me to be a policy that will result in the speedy completion of the road, which the whole country desires. Unless there should be some very good reason iven for it, I think we had better strike out e 1st section of the bill, letting the 2nd section stand as it is; letting the people on the Pacific side come to us out wardl as rapidly as they can, and hesing as unite and pushing westwardly as rapid y as we can. 1 think that in that way we shall get the road built more speedily than we possibly can in any other way, and yet the desire of the whole country accomplished. I am decidedly in favor of the 2nd section of the bill, which will authorize the Pacific Railroad Company to approach as from the West as rapidly as they can, to remove all obstructions from them; and then, I think, if we keep all the strength of these 3 branches in the eastern portion of the country united, we shall push from the East to the West more rapidly than if they are disniiite.
The PRESIDENT protempore. The nestion is on the motion of the Senfrom own to strike out the 1st section of the bill.
Mr. HENDRICKS. I wish to inquire of the Senfrom Michigan who has this measurein charge whether this is a proposition to run 2 Pacific railroadsas far as Denver City, and then what information the committee has thata suitable connection can be made after you pass that point; or whether it is the intention to continue this road in a southwestern direction, and thus have 2 roads to the Pacific coast. What is the purpose and the information before the committee on the subject of a connection of the roads after you. have passed Denver City?
Mr. HOWARD. If the Senator will have the goodness to repeat his inquiry, and to raise his voice, I shall a prehend it more distinctly
Mr. HENDRIC 'S. Iwill do so. I desire to vote for any proposition that will secure a more favorable route for this great work; but the committee, I believe, has not accompanied this bill with a report of the facts. A measure of such grave importance, it seems to me, should have been accompanied by a report of the facts calling for this important change. understand the law as it now stands to establilsh the road, making Fort Riley 11point, and then the intersection of the 100th meridian with the northern line as another point. It is proposed to abandon that point on the 100th meridian, and to extend the southern branch in a western direction from Fort Riley to Denver. Now, I want to know of the Senator whether the Kansas branch or road is to connect with the Omaha. road at any point west of Denver City, and what information the committee has on the practicability of such a junction; or whether it is the purpose to extend this Kansas branch westward, and to make it an independent Pacific railroad.
The PRESIDING OFFICER, (Mr.AxrHo.'Y in the chair.) The question is on the amendment proposed by the Senfrom Iowa, to strike out the 1st section of the bill.
Mr. HOWARD. I hope it will not be stricken out.
The PRESIDING OFFICER put the question, and declared that the noes appeared to have it.
Mr. HOWARD. I beg to say one word on tIhfis subject that we may be informed about it. the 1st section of the bill is stricken out, then there no longer remains to the eastern division any right to locate its road in any direction further than it has located it already. It is withholding from that company the privilege of making any further advance in the construction of their road. It puts an end to the whole enterprise.
Mr. FESSENDEN. Will the Senator explain what the dispute is about?
Mr. HENDERSON. Maine will look foramoment at the map which I have here he will see what the dispute' about. The proposition of Mr. Perry is to build a road from Kansas City to Denver.
Mr. FESSENDEN. That is one of the branches of the Pacific railroad.
Mr. HENDERSON. Yes, sir. The Seli ator will see marked on this map the 100th meridian and the Republican fork. The legislation of 1862 required that the initial point should be fixed between the south valley of the Republican fork and the north valley of the Platte. That was to be the main line. The Omaha branch is marked; the Sioux City branch still further up; the Kansas branch, and also the StJo. branch, which my friendfrom Kansas has charge of. But the StJo. branch is to unite within 100 miles. Mr. Perry is building his road up by the way of Fort. Riley, and he is ndw near Fort Riley. If you do not pass this bill be will be compelled to turn off in a northwestern direction and come up to meet the initial point. If you let him build the road direct, it is 134 miles nearer. in a direct line, through a fertile country filled with coal and timber; whereas the other is a perfectly bar ren plain. But Senators are mistaken when they say that he is required now still to build upon that route, because the legislation of 1864 permitted him to build by this route; but it gave him no more money than if he built on the other route. He failed to file his plat within the time fixed, in order to get good surveys of this route since 1864. We have lost the right simply to file the plat. We might file it now between this time and the 1st of July; we have got time enough to do it; but we want to make further exjfiorations and surveys.
Mr. POMEROY. If the Senator will allow me, I should like to ask if no plats have been filed upon that route.
Mr. HOWARD. So far as this company is concerned, it is merely a question of further time to locate their road. ‘hat is all there is about it.
Mr. POMEROY. 2 plats have been already filed.
Mr. HENDERSON. The Senfrom d Maine asks me what is the main question, and he asks me further whether Mr. Perry now has the right to go to Denver instead of goin to the one /100th meridian by the Republican valley. I will read the proviso to the 9th section of the act of 1864. He was formerly required to go up the Republican, but the law was amended in 1864, and the proviso to the 9th section is in these words: “And procitledfurlher. That any companyauthorized by this act to construct its road and telearaph ling fromtheMissouri river to the initial point afore sai "That is “ on the 100th meridianit mayconstructits roadand telegraphline so as to connectwith the Union Pacific railroad at an point Westwardly of such initial point. in case sue company shall decin such westward connection more practicableor desirable." Instead of forcing us up the Republican, Congress gave us permission to go by the Smoky Hill route in 1864. WhatI objected to in the legislation of 1864was this other proviso that was put on: "Prnui'rlui/urllier. however, That the bonds of the U.S shall not be issuedto such companyfor a greater amount than is heroinbet'oroprovided, if the same had united with the Union Pacific railroad on the 100thde roeof longitude; nor shall such company be catited ta receive any greater amount of alternate sections of public lands than are also herein provided." They permitted Mr. Perry to build by this route, but gave him no more money than he would have received provided he had united with the Union Pacific road on the 100th degree of longitude.
Mr. HENDERSON. That is a question of 18, ll If the Senfrom 1‘ lands overth is route. “ill 1: construction. I do not know about that. I suppose the Senate would not wish to deny him We have considered and passed this morning a bill to build a road from Oregon to Salt Lake to unite with the Union Pacific road. Why not grant lapds to this road? It is in the direction of NewMexico, and we are now paying millions of money to carry the mails from the Missouri river to NewMexico and all that section of country.
Mr. HENDERSON. Military su piies and everything of that character. If Mr. Perry continues this road out to a oint near Denver, he is within 400 miies of the city of Santa Fe; and on that route there may be a road constructed in the course of a few years, because Mr. Perry is going to put this road through, whether you give him a dollar or not. But I am complainiu of the innstice that will be perpetrated in this railroad legislation against my State. We only ask now that the Senate shall give us land; we do not ask for a dollar of monc. We ask to be permitted to build this roa out to Denver, on a direct line, and then to unite with the Pacific road, because the Pacific road must follow the Platte and then come nearly together. Why compel him to go up the Republican fork and then south again in order to come to this point? I do not know what the construction of the act of 1864 is as to the grant of lands. It will certainly give him land just as many miles up the Smoky Hill as it would if he had come to the oint provided for in the ac‘. of 1862. It is fit y or 60 miles further. I do not know whether it gives him land all the way out; but it would be only just to give him the land, for he is building on a route that will soon enable the Government to transport its mails and mu nitions of war to a most important part of its territory, NewMexico. But, sir, this bill is only intended to give him a little further time within which to file his plat. There is nothing else effected.
Mr. FESSENDEN. I will state to the senator one idea I have about it. Perhapsit may seem to him to be very incorrect. Lands are taken for all these routes. The idea of the ori ginal bill was to unite on the 100th meridian, and then there was to be a single road from that point. 'Then, so far as the lands of the Government are concerned, all they take is u to that point, and from that point on war. But now, if you start at another oiiit, it will require still more lands. My i ea is that, however interesting it may be to individu als, it does not. follow that it is the same thing to the Government to give lands to 3 or 4 or half a dozen roads, when the object. was to have one main line to California. at. individuals still say “We can do better, " and the consequence is more land is taken. gentlemen from the West say it is no sort of consequence how much land is taken. (iir. HENDERSON. We chargethe settlers $2 60 instead of $1 25 for all teremaining sections.
Mr. KIRKWOOD. I do not know whether the Senfrom Missouri is right or not. I confess I was not aware of the legislation of 1864 in this respect. I snpposet, when I made the motion which I did make, that the law still required the junction of these branches, as they are called, at the 100th meridian, but I find the act of 1864 provides that this branch shall be allowed to come into the main road wherever it pleases west of the 100th meridian.
Mr. HENDRICKS. If the Senfrom Iowa will allow me, I wish to ask the Senfrom Missouri one question in regard to the junction of the road. Iunderstand that the original law required the junction to be at the 100th meridian, but between the republican fork and the Platte river.
Mr. HENDERSON. That was the act of 1862.
Mr. HENDRICKS. Yes, sir. Now, the act of 1864 allows the junction at a point west of the 100th meridian, but it does not repeal that portion of the law of 1862, as I understand, which requires the junction to be between those 2 rivers. Sol am not sure that the Senator is exactly correct in his construction of the legislation up to this time. Had HOWARD. That' is necessarily repea e.
Mr. HENDERSON. It must be so, because this whole legislation is in perfect conflict with that net. It permits them to unite with the Pacific road at any point west.
Mr. HENDRICKS. That is so; but the legislation of 1862 required a junction at the 100th meridian between these 2 rivers. The legislation of 1864 simply allowed the junction west of the 100th merid ian, but does not cease to require the junction between the 2 rivers.
Mr. STEWART. Suppose the livers do not extend so far?
Mr. HENDRICKS. Suppose they do not extend to the 100th meridian? I do not know whether the do or not.
Mr. HENDERSON. The Republican river extends to the frontier, west of the 100th meridian. The head of it is a little west of the 100th degree of longitude. I will state that there can be no question about the justice of this bill, that is, so far as the Government is concerned. It is very unjust to my State, very unjust to the parties who are building the road, in my judgment, to say that they shall be entitled to no subsidy from the Government, while there are 2 roads above that you subsidize with land and money. I can see no reason for it. This is just as important, and much more important than any other road. It is 134 miles nearer, by actual survey, and through a better country. Iaprehend there can be no objection to it. It is asking nothing beyond what was given by the act of 1864, except to give these parties a little more time to desi nate the route; because the lands are reserve, and on must recollect it is not built to within 100 miles of the mouth of the Republican river yet; and this applies to the country east of the river as well as west. Therefore I hope you will give them the privilege to file their uiap by the let of December. The Omaha branch has not yet filed its map, and the main Pacific road has not filed its map. Let me state one thing further to the Senate. This initial oint. was to be fixed by the POTUS., and he has never yet fixed it. Then how is it possible that we can make out a map with anything like a perfect and correct idea of where we are going to? Mr. Lincoln never fixed the initial oint, and Mr. JOHNson has never fixed it. Illzis within the discretion of the President to fix it where he chooses; and until it is fixed, why require Mr. Perry to file his map? Let him assuredly have until the 1st of Decemberto file it. There can be no objection to this legislation.
Mr. HOWARD. Mr. President, in regard to the forming of a junction with the main stem, I beg to say to the Senfrom Indiana that there is an express provision contained in this bill requiring such ajunction. In the 1st section in the last proviso you Will find those words: That said companyshall connecttheir line of railroad and telegraphwith the Union Pacific railroad, but not at a point more than 50 miles westwardly from the meridian of Denver. in Colorado.
Mr. HENDRICKS. I observed that this provides for the main trunk from some point west of Denver to the California State line, with double branches from Omaha to that point and from the Missouri river on the south also to that point; but how is the Han nibal and StJo. extension to form ajunction, and where?
Mr. POMEROY. I think I can explain this matter in a moment. I do not want to occupy the time of the Senate. Though the Hannibal and StJoseph Railroad Company had the right to build a branch under the provisions of the act, they had to use a charter to be obtained from the Legislature ofiKansas, from the fact that a company in one State could not be authorized, even by act of Congress, to build in another State except with the consent ot t‘lie State and by using a charter of that State. I be law says that they shall have land and bonds for only 100 miles. It does not say that they shall not build ii ny further, as the Senator seems to claim. This companylocated its road and filed its plot on the Republican. The Hannibal and StJo. road had notice then, and all the world had, that this company was going up the Republican. They then filed their plat out to the Republican to meet this company and went on building their branch road. They‘ are gradin the 65th section today on that line to the Republican. They had the right to connect with them anywhere, but were not to have bonds or land for over 100 miles. They chose to connect on the Republican; they are building in that direction, i claiming that they have the right to connect 1 there, and there is no doubt u. out it; and a change from that route to the other involves furtherlegislntion for that company to enable them to connect somewhere else. That is why that company have been opposed to any change, because they were satisfied with the legislation as it was' and if the other route is taken, the Smoky Hill route, it requires further legislation to enable them to connect somewhere else.
Mr. WILSON. IfI understand this matter correctly, in 1862 it was agreed that these several routes, 2 or 3 of them, should unite east of the 100th meridian. This, of course, would require the branch road named in the 1st section of this bill to go up the Republican fork. In 1864 an act was passed by which provision was made that they might take another route.
Mr. POMEROY. The Senator is mistaken in that. The legislation of 1864 allowed them to continue beyond the point of the 100th meridian by running on the valley of the Platte or the valley of the Republican, but did not allow them to change outside of the Republican valley or Platte valley. It did not change the route, but only allowed the point of junction to be beyond the 100th | meridian, still confining this branch to the val ley of the Platte or the Republican.
Mr. WILSON. It did not allow them to tinge?the route the)? now propose to take, I it
Mr. WILSON. If the Senator is right in his construction it shows that the not brought in here by the Senfrom Missouri to jus tify this bill does not permit this company to go up the Smoky Hill fork.
Mr. POMEROY. I ought toksay that they applied to the SecuInterior for leave to change their route and withdraw their plat on the Republican, but the SecyInterior decided that the could not do it. The matter was referred to the AttyGen and be confirmed the opinion of the SecyInterior, holding that they could not change their filing from the Republican without an act of Congress, Diving once filed a, plat and other parties having obtained vested i rights consequent upon it. That is why this bill is brought in, to enable them to do what they cannot do without an act of Congress.
Mr. WILSON. We shall understand now why this bill is brought in here. In my opinion this legislation is entirely wrong, and we should have no legislation whatever in regard to this road. I think it is time the matter was settled. This is a disturbing bill, a bill calculated to disturb the construction of the Pacific railroad. If I understand the state of things correctly, the Union Pacific Railroad Company have nl ready expended $16,000,000 in buildin their road; they have completed 100 miles of their read; they have graded another 100 miles; they have bought iron for 300 miles ofroad.
Mr. HENDERSON. You mean the branch road from Omaha.
Mr. WILSON. Imean the road from Omaha. They have mortgaged their road over the whole line. They are now engaged in trying to bor row $20,000,000in Europe on a 1st mortgage, and they have assured the capitalists of our country and of other countries that no legislation would be had in this matter. They claim that they have vested rights over this road; that they have put their money in it; that they have borrowed money on it; that they have received from the Federal Government only $1,040,000, 1 and have raised and expended and agreed to pay into this road $16,000,000; that they are ahead of their time now, and are the only company that are ahead in that particular. These are the statements they make. I believe these statements to be true. I believe these people have entered upon the construction otP this road in good faith, and that it is a violation of their rights to pass the 1st or the 2nd section of this bill. twas agreed here that the California Pacific Railroad Company should come 150 miles east of the line of California. Now it is proposed that the may come just as far east as the please. hey cannot get 100 an 50 miles under 4 or 5 years.
Mr. CONNESS. How does the Senator know that?
Mr. WILSON. I am informed that that is the fact.
Mr. CONNESS. You are informed wrongly, sir.
Mr. WILSON. That may be true; but the information comes from gentlemen who understand this whole matter quite as well as the Senfrom California.
Mr. WILSON. How much of their road have the built? How near the California line are t cy?
Mr. CONNESS. I will not disturb the senator further, but he will he replied to. I wish the Senator to get through and we shall see how much he knows about the subject.
Mr. WILSON. Well, Mr. President, I asked the Senator a question, and I have not received an answer. My statement is that the Central Pacific Railroad Company of California Were required to build 25 miles a year; that they were allowed to come 150 miles this side of the line of california; that they have not reached the line of California; that they will not reach it under 2 or 3 years; that it will take 2 or 3 years to complete the 150 miles now allowed. I may be mistaken in this matter, but I have the information on very good authority. It is not for us to legislate here for any par. ticular localities nor to take care of anybody’s special interests. Here is a road commenced at Omaha, approved the lat day of last Octo ber by the President.
Mr. STEWART. Whose fault is it that it was not approved 3 years before?
Mr. WILSON. It was‘ approved last Octo ber. Since thht time they have built 100 miles of that road, and have that many miles now completed. They have grachd another 100 miles; they have purchased the iron and the ties for 300 miles of the road and are proceeding with their business. They are endeavoring now to borrow $20,000,000 to put in and to complete it. And now, sir, on propose to take this lxunsas branch road an make it for 200 miles or more (instead of a part of that road as now required) a competing line, to run it away to the south to connect beyond Denver. That is the proposition, to make it a competing line, in instead ofuuiting eastof the 100th me ridian of longitude and being part of the same road. There is not a man in America. who believes that investments in the main trunk, it being assumed that the line from Omaha is to be the main trunk, are as safe as they would be without this legislation, or who believes that this legislation can contribute to the rapid completion of the Pacific railroad which we all desire. For that reason I am in favor of striking out the 1st section of this bill.
Mr. HENDERSON. I should like to ask the Senfrom Massachusetts a question. I say that the company of which he speaks, the main Pacific. Railroad Company, has subsidy enough to build the road without taking one dollar from its pocket. It is all moonshine to talk about their borrowing money. The government gives money enough to build that road. But I ask the Senator, if that company cannot build their road with the Government subsidy, how is
Mr. Perry to build this branch out to Denver without any Government subsidy at all, out of his own ocket?
Mr. Perry is to do it, and I do not so ose anybody knows whether he can do it. The Senator says he will do it. They have not yet done any of these tings.
Mr. HENDERSON. He has built more road than the Omaha branch has built. He is further west now than the Omaha branch, and the Senator says that company has expended $16,000,000.
Mr. WILSON. The Senator is here now asking for this legislation because they have not yet filed their plat.
Mr. HENDERSON. Neither have you. If any plats was filed, we were just as rompt as the other road. The other road had the very same legislation in 1864 that we had, giving them further time.
Mr. WILSON. I think they had better rest on the legislation they have already got. If the parties have comlied with it, very well; if they have not, let tiem go. I thought it was very unwise legislation which in 1804 gave them the irivilege to go south. 7
Mr. HENDERSON. What damage does this proposed legislation do to the main Pacific road? I know that there is a great deal of capital invested in that road in the Senator’s town; but there is some capital in the senntor’s town invested in this other road; but those so investing have not been so noisy, perhaps, and have not attempted to deceive iis mind on the subject as the capitalists interested in the Omaha branch; perhaps not so many banking institutions have been establilshed upon it; erhaps no credits mobilier or credits fancier have been established on that line; but I can state to him that we have built just as much road as the other company; we have gone further west, and it is a more important road than the other. If this bill is to affect the credit of that company in Europe, it will be simply because for 200 miles the travel from Denver will be over a se rate road instead of being thrown upon the nion Pacific railroad. That is to say, the transportation of passengers and freight between StLouis and the Pacific will, by this bill, be saved 200 miles of transit upon the main stem, but after the junction is made it goes over the main stem. That is the only effect it can have. The main road is left with 1 all the money to which it is entitled, with all the means which it has, with all the capital it ever had, and this bill cannot effectits interests except in the wa I have just stated.
Mr. CONNLSS. It would be a fraud if they had done it, but they have not done it.
Mr. MORRILL. Then let us see whether we shall not be involved in the difficulty, if. you pass this bill, in the end of having 2 roads. Certainly you contemplate 2 roads to Denver City. ‘hat is clear; I hear no dissent from that instead of a departure on the meridian of 100 degrees, you contemplate now a departure from some point at or beyond Denverity.
Mr. CONNESS. Will the Senator permit me to say a word right there, as I think it is a point which he will ike to hear?
Mr. CONNESS. I do not think it has ever been contemplated that the surveys of the Union Pacific Railroad Company should reach Denver or pass near to Denver at all. Denver is too far to the south to invite them to touch there.
Mr. MORRILL. The Senator means the northern branch.
Mr. CONNESS. No, sir; I am speaking of the main trunk. They would probably leave Denver a little to the south and not touch there at all. It will be remembered that Denver has developed since the law was originally passed. A double purpose is now presented, a double purpose is to he served of taking a better route, (as is shown by the investigations the committee have made, and as was stated very clearly by the honorable Senfrom Kentucky,) and of giving Denver, that new and thriving place, a connection with the Pacific railroad. It is simply changing the place of juuction, pushing it a little further westward, and the committee think, and I believe the Senatbr himself would say upon a close examination of the whole case, that it would be a change for the better.
Mr. MORRILL. I do not intend to pass any judgment upon that, nor doI inten to argue it, for I have not the facts"which would authorize me in doing so, but my inquiry was, It is obvious enough that: whether the legislation contemplated did not E necessarily involve, or whether it would not f probably lead to the result of 2 roads instead i of one.
Mr. CONNESS. We do not intend to permit two.
Mr. MORRILL. Certainly as far as Denver City it does contemplate 2 roads. Now, I desire to ask the c airman, for information, what is understood by the Union Pacific Railroad Company in the 1st section of the bill? What company does that refer to?
Mr. HOWARD. The Union Pacific Rnil road Company is the company building the main trunk.
Mr. MORRILL. Then the company named, in the 1st section is the one building the main trunk. That is the company you are conferring this extension upon.
Mr. CONNESS. That is not the main trunk.
Mr. HOWARD. “The Union Pacific Rail way company, eastern division, ” is the onementione in the 1st section, and that is the name of a corporation created by the Legislature ofKansas, known as the Kansas branch or southern branch. The ancient name of it was the Leavenworth and Pawnee railroad.
Mr. MORRILL. I desire to ask the honorable Senator whether the grant originally made was not to the Leavenworth and Pawnee Railroad Company, and not to the Union Pacific railway ‘2
Mr. HOWARD. Yes, that was the name of the corporation to which the grant was ori ginally made. That name, however, was afterward changed by the Legislature of Kansas to “the Union Pacific Railway Company, eastern division, ” by a formal act oflegislntion.
Mr. MORRILL. I now desire to ask the Senator whether that name is not identical with the name by which the Union Pacific Railway Company was chartered by Congress in 1862.
Mr. HOWARD. No, sir; it was not exactly the name.
Mr. HOWARD. The original name was the Union Pacific Railroad Company.
Mr. MORRILL. That is the only difference. I
Mr. MORRILL. Now if the honorable Senator will pardon me Idesire to ask him whether the companymentioned in the sec end section is the same company.
Mr. HOWARD. No, sir; it is not the eastern division, it is the main trunk.
Mr. MORRILL. Is thatthe only distinction?
Mr. MORRILL. Will the honorable senator allow me to ask him what company that is?
Mr. HOWARD. The onementioned in the 2nd section ‘I
Mr. HOWARD. That is known commonly as the main stem or the Omaha branch. This main stem commences on the 100th degree of longitude and goes west. It exists b acharter granted by Congress. By that e larter the company is authorized to construct what is known as the Omaha branch, running eastward, or rather commencing on the missouri river and running to the 100th degree of long itude and uniting with the main stem on that egree. Does the Senator understand me?.
Mr. MORRILL. I understand it now; and it is as I supposed it was. IfI am right about iIt desire to call the attention of the commit; tee to this point: 1 submit whether the result of this bill would not be this: the original act contemplateda union of all the branches on the 100th meridian
Mr. MORRILL. You have by subsequent legislation authorized what was formerly the Leavenworth and Pawnee branch to diverge from the original point, and now without ref erence to it to continue its line to Denver, and so on. You now recognize it as the Union Pacific Railway Company.
Mr. MORRILL. “ Eastern division” is simply descriptive, and I suppose the honorable Senator would hardly contend that it had much legal force or elfect.
Mr. HOWARD. It is part of the corporate name. That is the only effect.
Mr. MORRILL. N ota part of the corporate name I think the honorable Senator will say if he looks at it.
Mr. HOWARD. The honorable Senator will lind it so.
Mr. MORRILL. The query thenis, whether, if this bill passes, the provision of the 2nd section does not apply precisely to the provision of the 1st section.
Mr. MORRILL. For aught that I can see it would. It may not be intended to be so, but it looks to me as though if this bill passes, what was originally the Leavenworth and Pawnee branch to run into the general road on the 100th meridian will become the trunk, with all the rights, powers, and privileges which were designetgloriginally for the trunk road.
Mr. HOWARD. The Senator’s perplexity arises undoubted] from what in his mind appears to be a conusion of names simply, nothing else. The old Leavenworth an Pawnee Railroad Company was chartered by the Legislature of Kansas. The name of it was afterward altered by the same Legislature to “ the Union Pacific Railway Company, eastern division, ” but it is still the same corporation. The Union Pacific Railroad Company was chur tered, as I before remarked, by Congress. Its franchises are to this extent: that it may make a railroad from the 100th degree of longitude west to the eastern boundary of california. That is known as the main stem. It was also required to construct‘tbrauch, known as the Omaha branch, between the Missouri river and the 100th degree of west. longitude. The Omaha branch was a mere branch of the main stem, lying north of the “eastern division, ” but they were all required, as the Senator has very properly observed, by the act of 1862, to unite themselves with the main stem on the 100th degree of west longitude. By the legislation of 1864 these branches are authorized to make their junction with the main stem at any point they may see fit west of the 100th degree of longitude, suiting their convenience an their interests.
Mr. MORRILL. Does the honorable senator doubt that under the provisions of the 2nd section the Central Pacific Railroad Company of California would have a right to extend its road or connect with the road to which these privileges are extended?
Mr. HOWARD. Undoubtedly the effect of the bill, if it shall pass, will be to enable the California company to proceed with the construction of its roa eastward from the eastern boundary of California until it shall meet the main trunk, that is, the Union Pacific railroad proper, on its progress to the west from the 100th degree oflongitude.
Mr. MORRILL. That may be the construction ofit. That is what they intend, I have no doubt.
Mr. MORRILL. But it looks to me as if you had substituted the Leavenworth and Paw nee road for the original Pacific Railway Company, and that it will become, under the operation of this act, allowable for the Central Pacific Railroad Company, if that is the title of the California road, to connect with what you now describe as the eastern division, and then become the main trunk.
Mr. HOWARD. The Senator is under an entire misapprehension as to the effect of it.
Mr. MOltltlLL. But, Mr. President, that was not the principal difficulty in my mind. It was the departure which, it is apparent on the face of this bill, is to be made by this branch. Something has been said about the Omaha branch. I am not particularly informed as to the condition of that road, but I understand that 100 or 200 miles of that road have alread been made.
Mr. HOWAR. Completed by the Union Pacific Railroad Company according to the requirement of its charter, 100 miles, and perhaps more. They have made very creditable progress indeed.
Mr. MOt’tRlLL. But that is all east of the 100th meridian; they havenotreached that point yet. Now, sir, the argument that I havelieard addressed by those who areinterested in that road is that this is a departure from the original plan, so far a departure from it that it is in absolute bad faith on the part of the government. I believe the honorable Senfrom Missouri this morning
Mr. HOWARD. The Senator will allow me one word as to the “ bad faith" of the proposed legislation. If any bad faith has been committed by Congress toward the Union Pacific Railroad Company, it was committed in 1864 when the amendment of its original charter was passed, for that amendment granted to all these branches, the eastern division among them, the right to form their connection with the main trunk at any oint they might see fit west of the 100th degree of ongitude. I do not know how the fact is; erhaps some other Senator may know better than I do; but I have the impression that the Union Pacific Railroad Company consented to that legislation, or expressed no very earnest dissent from it. Certainly it will be new to me to hear now any complaint of bad faith on the part of congress as connected with the amendment of 1864. The whole policy was then settled. The act of 1864 enabled these branches to diverge from the point at which they were required by the act of 186').to make their junction with the main trunk. That was, as the Senator has remarked, the original policy of Congress on this subject, but we departed from it, so far as 1 know, without complaint on the part. of the gentlemen connected with the Union acific Railroad Company.
Mr. MORRILL. I do not allege it and I do not assert it; and if I did I should not be in a condition to prove it. But the argument is that the main stem of this road originally chartered and contemplated was expected to begin at the 100th meridian and near the point designated, which is a point many miles north of the present road; that is the road to which the Government has verylargely 1 given its endowment. That is to be the main stem, as I understand the chairman of the committee to concede; that is the road to which the Government has pledged its credit and its faith; that is the road in which the Government is most interested; that is the great trunk which reflects the general interest; it is the trunk line to which the Government has pledged not only its credit but its faith, and which 1it is bound to protect. This other road is but a branch. It would have had the same privileges as the other provided it had built its road in harmony with the original plan. This road which is to commence at the 100th meridian, as I understand, has a board of directors with Government officers; in other words, the Government appoints a portion of its directors. Anybody can see that building a separate line beyond the 100th meridian is certainly injurious to the general plan, is certainly injurious to the credit of the main road, and will certainly lessen the probabilities of its speedy advance toward the ’acific coast, which we all so much desire. I hope it may turn out that the ComPacificRR, that has had this subject under its particular care, has given it all that consideration and solicitude which I think its very great importance requires. I have very serious ap re pensions that great difficultieswill come from this bill.
Mr. KIRKWOOD. The people of Iowa are very much interested in the completion of the Pacific railroad. When this bill was presented I did not myself have so much information in regard to the road’s prospects as perhaps I should have had; and one objectI had in view in making the motion I did was to get the information I have received. At one time during the discussion I was prepared to withdraw my motion, and would be so now were there pot a difference of opinion as to a matter of act.
Mr. K IRKWOOD. It is claimed by certain gentlemen that the legislation of 1864gave to the eastern division of the Pacific railroad, as it is called, substantially what this bill 'ves to it as to its right to change its route. Tm Senfrom Missouri, the Senfrom Nevada, the Senfrom Michigan, and the Senfrom California, I believe, have all claimed that under the legislation of 1804the eastern division of the Pacific railroad have the right to diverge from the route laid down by the act of 1862and go over the precise route indicated by the present bill; and they claim also that the only use of the 1st section of this bill is to enable them now to file aplat of the new route which they have not done within the time lim ited bylaw. Understanding that to be the fact, I was prepared to withdraw my motion. Of course, if the original policy has been substantially departed from in this particular; if the idea of combining all the 3 branches at a paFticular point, at or near the 100th meridian, has been abandoned; if the idea of keeping united all the interest that built these branches so as to urge the building of the road from the point of union westward, has been abandone, substantially, and this company has accorded to it alread by the legislation of 1864 what this bill would give to it, I would not stand here to delay or deny to it the right to file its plat when it was convenient for it to do so. But the Senfrom Kansas differs from thesegentlemen in the matter of fact. He says that under the legislation of 1834, if I understand him, the company is still compelled to follow the route up the Republican river, and that the only effectof the legislation of 1864 is to relieve them from joining the main stem at the precisepoint of theone 100th meridian, and allow them to join that main stem as near to that as may be convenient.
Mr. POMEROY. I said precisely what the SecyInterior said in regard to the matter in his report before the committee, that under the legislation of 1804 it was agreed that the law provided that the gateway, as it were, to the mountains should be between the valley of the Platte on the north and of the Republican on the south; but if they desired to extend the initial point beyond the 100th meridian, keeping them between these rivers all the time, they might 0, and should not have any more land or bonds than if they had connected at that point. That is the way that the SecyInterior, sustained by the decision of the AttyGen, claims that the law now is.
Mr. HENDERSON. The AttyGen gaveno opinion on thatsubject only about filing the ma)
Mr. POMEROY. The AttyGen sustained Mr. Harlan.
Mr. POMEROY. And in regard to the fact that the plot, in the 1st place, had been filed, and 2ndly, that it could not be removed except by an act of Congress.
Mr. I’OMEROY. The Senfrom missouri [ Mr. Hsxnsnsox] has undertaken to show that they had never filed a plat, and that this legislation is to enable them to do so. I did not intend to make any opposition to that, but only to state the fact that they have filed a plat, and thatthis legislation is designed to enable them to file one on another route. The AttyGen, in hisopinion, did not saydistinctly whether the law changed the initial point or not. The SecyInterior did decide it, referred it to the AttyGen, and he, in terms, did not in his decision say one way or the other on that subject. The Dept of the Interior holds today that the legislation of 1864 confines these routes between the valley of the Republican and the valley of the Platte.
Mr. KIRKWOOD. SoI understand. There is a very material difference in point of fact.
Mr. POMEROY. I hope the Senator will indulge me for a moment. In saying that I do not mean that I am not or that the people of my State are not glad to have the route changed. I am not talking about that; I do not propose to argue that point; we know very well it is of great local importance to us to have one road or 2 roads. I am for all the roads I can get throughthe State. I am not making opposition; I am only stating the fact that it is so held in the Dept, and I believe that to bethe law; but if we can change it, that is another thing.
Mr. KIRKWOOD. It ap ears, then, that there is really a difference. The Senfrom Missouri claims that under the legislation of 1864the eastern division of the road has the right to go u the Smoky Hill route now.
Mr. KIRKWOOD. The Senfrom Kansas tells us that the Interior Dept and the Attorne General hold otherwise.
Mr. HENDERSON. The AttyGen holds no such thing. The AttyGen never held an such thing.
Mr. POMEROY. The AttyGen did not decide that precise point. Mr. Harlan made it. He di not reverse it, nor decide that precise point in his report.
Mr. HENDERSON. That was not the question before the AttyGen not before the SecyInterior; and even if it were, I suppose we here are as competent to decide what a law means that we ourselves passas the SecyInterior.
Mr. POMEROY. I will ask the Senator, does not the SecyInterior hold that to be true?
Mr. HENDERSON. I do not know. I have never seen the opinion of the SecyInterior. The opinion of the AttyGen In regard to filing the was put into my handsin regard to the time of filing the plat. That is all I know about it. The Senator is correct that the AttyGen said that although we had, up to the lat of July of this year, to filcaplat, having filed one plat we could not withdraw that and file an other; we were concluded by having filed one, and could not change the route as indicated by that plati
Mr. KIRKWOOD. Was that decision of the Attorne General since 1864?
Mr. HENDERSON. Of course; it was this year. I differ with the AttyGen on that point. Having up to the Ist of July to file a plat, I think we could have filed it at any time up to the 1st of July, and file an additional Iklat up to that period.
Mr. IRhWOOD. It seems then to stand something in this wn: if the construction given by the Senato rrom Missouri were correct, and this eastern division now had the right accorded to it by not of Concress to take the Smoky Hill route, as it is called, this would be merely a question of whether or not the time for filing the plat should be extended. Then I should have nothing to say.
Mr. HENDERSON. hat is all there is in it.
Mr. KIRKWOOD. But that does not appear to be all. It seems that the SecyInterior holds that under the law of 1864 the right of oing up the Smoky Hill route is not accorded to them, and they yet must go up the Republican river route; that the only benefit derived by them from the legislation of 1864 is that they are not compelled to unite with the main stem precisely at the 100th meridian, but near to it, and still between the valley of the Platte and the valley of the Republican. If that be correct, the question before us under the present bill is whether we shall really change the whole plan laid down when the Pacific railroad was 1st established. If it be now so that under the law the eastern division cannot go up the Smoky Hill route but is compelled to follow up the valley of the Republican and must meet the main stem near the 100th merid ian, then this bill asks us to abandon all that and establish a new policy. If that be the condition of affairs, I cannot vote for the 1st. section of the bill.
Mr. HENDERSON. I suppose that the Senfrom Iowa isjust as competent to give construction to this language as the SecyInterior; I will read him the language of the act of 1864
Mr. KIRKWOOD. I have read that. Looking at that alone I should be of the opinion of the Senfrom Missouri; and yet what the companies may have done byway of indicating an established route, what facts may have occurred that would have a bearing on that, I do not know.
Mr. HENDERSON. If the Senator agrees with me, and the SecyInterior refusesto let the companyhavethe moneybecause he takes a wrong construction of the law, there is very great necessity for Congress giving a construction to it. The Senator says he agrees exactly with my construction. The SecyInterior, who has charge of this thing, it is said, disagrees with us. Now, why shall we not make that plain which has misled the SecyInterior? "
Mr. KIRKWOOD. I think it is a rule of. construction always that we look not only to the language of the law itself bug to all the surroundings. What th'ose may be I do not know. I should like to read the opinion of the SecyInterior; I should like to know upon what he bases the opinion given by him, as I understand that this company is still confined to the valley of the Republican. If that be the case, if the company is still confined to the valley of the Republican, we are asked to change the whole idea upon which the Union Pacific railroad bill was based. If that idea has been already changed, as the Senfrom Missouri claims it has been. then we have nothing to do but merely to give this company time to file their plat. But there is so wide a dillerence between these 2 opinions that it seems to me we ought to examine the matter very carefully before we act upon it. I am decidedly in favor myselfof the 2nd section of this bill. If the Central Pacific Railroad Company is able to build more rapidly from the west to the east, or so rapidly that they will be able to get more than'150 miles by the time we reach them, I do not see why they should not be allowed to do it. My object is to get the road built as soon as it can be built.
Mr. WILSON. The Senfrom Nevada. hay deemed it his duty on this occasion to crit icise the acts of the directors of the Union Pacific Railroad Company. It is not in purpose to defend them here. I know but few of them. The gentlemen that I do know are men of individual honor and personal character. General Dix is president of the road, and I take it that no man in the Senate or in the country guestions either his capacity or his character. We have 5 Government direct ors in the road appointed by the POTUS. I understand that these are gentlemen of character, gentlemen who may e relied upon. If it would be for the interests of the country to have this legislation, 1’ take it these directors would in some way have indicated to the proper authorities their views on the subject. Vhat have we put these 5 directors in this company for but to watch over the interests of the whole country in the road? Not aword is quoted here from the diremrspf the Government in favor of this legislation. ow, sir, I dioose to pay some deference to the opinions of a gentleman like General Dix, the president of this road, and to the 5 directors appointed by the POTUS to take care of the interests of the country. If‘I understand this matter, we in corporated in 1862 the Union Pacific Railroad Comiany. They were to build from the one /100th meridian to the State of California.
Mr. WILSON. We did not intend they should go over the line.
Mr. CONNESS. Yes; itwas provided that they might 0 over the line.
r. WIL‘ON. In 185 allowed the gentral Pacific Railroad company of California to come 150 miles east of the line of California.
Mr. POMI'IROY. I am sorry to hear what the Senfrom Nevada says in regard to the Union Pacific Railroad Company. I do not believe there is a better company in the U.S. I know the men very well. They are men not only of means but of integrity and character, and they are building in good faith. I should like to know the fact about their having mortgaged the road to the Rocky mount ains. I 0 not believe a word ofit.
Mr. STEWART. I call for the letter; they say so in that.
Mr. POMEROY. They may have mort gaged, and they had a right to mortgage, their lands; but they can mortgage their road only for 100 miles in advance of any constructed line. That they may have done, for they have a right to do it; but any insinuation that that company is not honorable and high minded, and uilding the road in good faith, and having large means and large capacity, is unworthy of being uttered here or anywhere. The are doing their work in good faith under the Iaw; doing the best they can, and in such a way that they commend themselves to every bod who is aware of what they are doing.
Mr. STEWART. I have the authority of the Senfrom Massachusetts for the statement that they have mortgaged the whole line of their road, and they have written to that effect. I have seen several letters saying so.
Mr. STEWART. They are here in the possession of Senators.,
Mr. POMEROY. They have a right to mortgage their lands.
Mr. STEWART. Does the Senator pretend to say that they have a right to mortgage lands in Nevada?
Mr. POMEROY. No, sir; but such lands as are contained in the grant to them they have a right to mortgage. I have seen no mort age, and I do not know anything about it; I have not a cent’s interest in it; but then I do not like to hear it said that men of the character and standing and capacity of the men who are conducting the enterprise and building the Pacific road, men that I know well, have violated the law, that they have done what they had not a right to do, for the sake of injui iu them abroad; or at home.
Mr. STEWART. I was not the one that said it in the 1st instance. I had heard this about a long time. It was stated by the Senfrom Massachusetts that such was the fact, and it was claimed as a virtue on their part that they were encumbering in Europe the road 1500 miles in advance of their construction, for the purpose of raising money to build it. It was claimed that they had a right to do it, and it was claimed that it was one of their virtues and that this bill was interfering with their vested rights. When such a violation of the law as that is claimed as a virtue on this Senate floor, is it possible that any company, howeVer poweriul, is so influential and so great that a the' Senator has not right to get up and protest against the violation of the law which they confess they have committed? Their letters, their maps, confess that they have gone and mortgaged the line to the full extent of within 150 miles of the eastern boundary of California, and if they have done so, we had better have a committee of investigation and see if they are going to lie eternally on the path of this road. It cannot be built from one end alone in 15 years or in 20 years. It is much more convenient to build a portion of it from the western end. There you are nearer the base of supplies, nearer water communication, and the line is alread being constructed With great power and rnpiity from that end. If it is claimed as a virtue that this company is attempting to monopolize this whole route, the high character of the gentlemen engaged in it is not to prevent a Senfrom exposing it when it is blazened forth in open day here.
Mr. POMEROY. All I say is, that I dispute thq fact that they have mortgaged the road any further than they had a right to do under the law.
Mr. STEWART. The Senator does not dispute that they have written letters saying that they have mortgaged it.
Mr. POMEROY. I do not know anything about their letters; but have such confidence in the men that until evidence to the contrary is produced I shall not believe that they ever mortgaged a rod of the road beyond what they had a right to do, and that was 100 miles in advance of any continuous completed line. They had the right to niortga e their lands under certain restrictions if anybo ywould take them. That is all there is in the suggestion of mortgage; and when the Senator asserts that they have mortgaged all the line of the road out to California I do not believe a word of it.
Mr. STEWART. You mean to say that you do not believe the have done it.
Mr. POMEROY. I mean to say thatI think you are mistaken about it. I do not think they have done it.
Mr. WILSON. As this company has been brought in question, I send to the desk and desire to have it read, a statement made by General Dix, the president of the company, which covers several of these points, and I think the Senate ought to hear the Views of General Dix on this measure.
Mr. POMEROY. The letter, believe, does not say that the road is mortgaged further than they have the rightto mortgage it under the law.
Mr. POMEROY. The letter does not say they have mortgaged it the whole length.
Mr. POMEROY. It only says they have mortgaged it under the law, under the advice of counsel, as they believed they had the right to mortgage it. I will say that they have already completed over 100 miles. They have the right to mortgage 100 miles in advance of any completed section. That is 200 miles. T iey are already entitled to 2,180,000 acres of land. They have the right to mortgage that. Beyond thatI do not think the company have gone; I do not think thiy have a right to 50.
Mr. STEWART. I just wish to read again this clause from the letter: "The bonds are protected by a mortgage on the wholeline of the company’sroad in compliancewith the authority given by the act of Congress." The whole line of the company’s road.
Mr. POMEROY. That is only the completed line.
Mr. STEWART. Then he states that interferin with the other end is interfering with the line he has mortgaged. That is the very thing he complains of interferin with their mortga e because it is on the whole line of the road. Tie says interfering with that end interferes with the mortgage and he says here they have mortgaged the whole line of the road; and that is the statement of a good many.
Mr. POMEROY. It is impossible to mort gage the line of a road that is not located, that is not fixed. They have not even located their line of road. The mortgage has to be recorded in every county through which the road passes, and the definite location must be fixed before they can sell any bonds.
Mr. CONNESS. I have no doubt the Senfrom Kansas is entirely right on that subJect.
Mr. POMEROY. I do not want it to be understood here that this company have mort gaged all their road before they have even located it.
Mr. GUTHRIE. I have listened to this discussion of interference with the charter of the Union Pacific railroad, and the effect this bill will have on them. I believe there is really no interference, and there is nothing in this legislation that Congress may not fairly and justly allow. It is simply to permit this railroad to be carried up the Smoky Hill fork and to join the Pacific railroad beyond Denver City or in that neighborhood. As I said before, I think it is the interest of the country that it should go up the Smoky Hill fork, and that Congress should not expend money in building it in the other place, because if it was built in the other place it could not be operated and would be useless after it was built, while if built up the Smok Hill fork it will be a useful and beneficial roa and the line could be extended to Denver City and the country enjoy the benefit of it. Therefore I shall vote to keep in the 1st section, which is the main part of the hill.
Mr. HENDERSON. I think we have had this subject sufficiently discussed, and I hope we shall take a vote upon it. When I was up before I stated that hot these companies asked for an extension of time. General Dix says his company did not. By reference to the 5th section of the act of 1864General Dix will find that he was mistaken, that there was an extension of time granted to the Omaha branchjust l as there was to the other branch. He says, furthermore, there are vested rights. I will state now that in 1864 there was not a dollar invested in his road. It was nnorganized in 1864 when this legislation was passe. Therefore, if there is any investment made it has been since the legislation of 1864, and the 1st section of the bill cannot interfere with any such investment. I have the greatest confidence in what General Dix would say, but he is mistaken in these particulars.
The P ESIDING OFFICER. The question is on the amendment of the Senfrom Iowa, [Mr. KIRKWOOD] to strike out the 1st section of the bill.
Skip Skip The question being put, there were, on a division ayes 2, noes 12; no quorum voting. Mr. Congress. I ask for another count. Senators did not understand the question. The PRESIDING OFFICER. The Chair will put the question a sin. The question is on the motion of the Senfrom Iowa to strike out the 1st section of the bill. The question being again put, there werez on a.division ayes 2, noes 18; no quorum voting. Mr. congress. Let us have the yeas and I have no doubt the senon that subject. Then I will not say any na s. I‘he. eas&nays were ordered.
Mr. RKWOOD. As there do not seem to be any Senators voting with me on this question, if it is not too late I withdraw the motion. I do not want to delay the action of the Senate upon the bill.
The P ESIDING OFFICER. The amendment can only be withdrawn by unanimous consent, the yeas&nays having been ordered upon it. The Chair bears no objection. The amendment is withdrawn. The bill was reported to the Senate as amended and the amendments were concurred in. The bill was orderengross for a 3rd readin, and was read the 3rd time.
Mr. GRIMES. I call for the yeas&nays 0n the passage of the bill. The yeas&nays were ordered.
Mr. GRIJ'IES. I desire to say that I shall vote against this bill principall because I am satisfied that all legislation, ali'er the passage of the ori iiial proposition in regard to the and all thatwe shall pass will have that effect, destroying the ‘confience of the country and of capitalists in this system ofinternal improvement s. Not recognizing the propriety of this legislation, I vote against it on general prin; ci les. 1‘lie (question being taken by yeas&nays, ! resulte yeas 20, nays 12; 17. So the bill was passed. LEAVE or ABSENCE.
Mr. MORRILL. I desire to state to the Senate that the Senfrom Maryland [Mr. JOIXNSON] has been necessarily called away from the city and will be absent for some days. He desired me to request for him a leave of absence, which I pow do, for ten days. Leave was granted. HOUSE BILL REFERRED. The bill 2H.R.No. 276) to establish a Dept 0 Education was read twice by its title, and referred to the ComJudiciary. VERMONT MILITARY cums. The JtResolution (H.R.No. 166) to pay to the State of Vermont the sum expended for the protection of the frontier against the inva, sion from Canada in 1864, was read twice by its title.
Mr. POLAND. That is a very small matter, and one that I apprehend there is no need of referring to a committee. The authorities | of the State of Vermont undertook to protect the line at the time of the invasion at St.Albans, and it is merely a question of amount. The whole amount claimed y the State is only $16,000 or $17,000. This resolution provides that such sum shall be paid as shall be found to be right on a proper adjustment. I hope the Senate will act upon the resolution at once. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the JtResolution. It authorizes the SecyTreasury to pay the State of Vermont any sum that may be found due, after the same shall have been audited by the proper officers of the Treasury Dept, expended by the State for the defense and protection of the frontier from invasion from an ada in 1864; but the amount to be audited and paid is not to exceed the sum of $16 463 81. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Mr. CONNESS. I move that the Senate.do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tucson, June 19, 1866. The House met at 12 o’clock in. Prayer by the Chaplain, Rev. C. B. Bovsros. The Journal of yesterday was read and approved. 4 TELEGRAPHIO INDICATOR.
Mr. BIDWELL, by unanimous consent, submitted the following resolution 5 which was read, considered, and agreed to: Regolqed.That the ComPublic Buildings 1113111"! into the expediencyof having the telegrn hic in icator introducedinto the committee roomso the HoRep, so as ‘to enable the Ser geant at Arms to communicateinstantly with anyoneor all of thoserooms. PORTAGE LAKE HARBOR, MICHIGAN.
Mr. STEVENS. I omitted yesterday to do unanimous consent of the House for the ComPubLands to report back Senate bill No. 193, an act granting lands to the State of Michigan to aid in the construction of a liar bor and ship canal at Portage Lake, Keweeiiaw Point, Lake Superior, in said State.
Mr. SPALDING. I object, and call for the regular order of business. ounnn or nusmsss.
The Speaker. The morning hour has now commenced. The 1st business in order is the call of committees for reports beginning with the ComBanking&Currency. NATIONAL BANKS IN THE SOUTH.
Mr. BUCKLAND, from the ComBanking&Currency, in compliance with the resolution of the House directing the Committee on Rankin and Currency to inquire and report to the house whether any order has been issued or arrangement made whereby national banks in the southern States should have reference in the preparation and deliv er of their circulation over national banks in ct er States, made a report; which was laid on the table and ordere to be printed. RAILROAD TO SALT LAKE CITY.
Mr. PRICE. I am instructed by the ComPacificRR to report back House bill No. 679, granting lands to aid in the construction of a railroad and telegraph lines from the Columbia river to Salt Lakeity, and to move that it be printed and recommitted. The motion was agreed to. LAND GRANTRAILROAD IN CALIFORNIA.
Mr. PRICE, from the ComPacificRR. reported back with amendments Senate hill o. 125, entitled “An act granting aid in the construction of a railroad and telegraph line from the town of Folsom to the town of Placerville, in the State of California.” The bill was read.
Mr. SPALDING. I desire the chairman of the ComPacificRR to explain the nature and object of this bill. I would like to know whether this is an original act of incorporation.
Mr. RANDALL, of Pennsylvania. Idesire to inquire of the gentleman who has charge of this bill what number of acres of land it is proposed to give to this company under this bill. That is the maximum quantity of land to which the company can lay claim?
Mr. PRICE. It is proposed to give the company ten alternate sections of land permile on each side of the road, provided they can find that much. It is a short road run ning from the village of Folsom to the town of Placervillc, a road that has been constructed principally by individual contributions and by the aid of the county and city. 200,000 dollars have been subscribed and paid by the count, and $100,000 by the city of Placcrvillc. the road is nearly completed; but the company have found themselves unuble to go on without additional assistance, and heuge they apply to Congress for this grant of Ian.
Mr. RANDALL, of Pennsylvania. Is this road exclusively in the State of California?
Mr. PRICE. It is exclusively in the State of California. It is only a short road.
Mr. RANDALL, of Pennsylvania. The gentleman intimates that it is doubtful whether the company can secure all the land granted to them. On the contrary, this seems to me a bill designed to enable this company to grab all the land they can obtain. The bill now comes freshly into the House. I have never seen or heard of the bill before.
Mr. PRICE. I will say to the Gentfrom Pennsylvania. that it is a Senate bill a bill which passed the Senate without opposition. Indeed, it interests nobody particularly but that particular neighborhood. The ComPacRailroad of this House have seen proper to make certain restrictions to confine the parties within limits. It extends the line no further than the distance the road runs through that section of the country.
Mr. HIGBY. Mr. Speaker, this road commences at the town of tolsom and is intended to go to the town of Placerville, a distance of 40 miles. I am acuainted with the country through which it is to run. There is a road from Sacramento to Folsom, a distance.of 22 miles, which has been in use for some years. The foot hills commence at the town of Folsom, and this road will run all the way through a hilly country. It will of course be a very expensive road. It is the commencement of the slope of the Sierra Nevada. The company has bocn organized. As has been already stated, the county of El Dorado has raised $200,000 and Placerville $100,000 toward the construction of the road. It will cost agreat deal on account of the country through which it is to run. The land is in the mineral district, and much has already been taken up by individuals whose rights are fully protected.
Mr. SPALDING. How much does the bill grant?
Mr. HIGBY. 20 sections, provided the company can get it. It IS a hilly country, which has never been surveyed by the Government.
Mr. KASSON. I ask the gentleman to give me information in reference to one art of the bill. It provides that the Placervilh): and Sue ramento ’alley Railroad Company, a corpo ration existing under the laws of the State of California, is hereby authorized and empow ered to lay out, locate, consftruct, furnish, equip, I maintain, and'enjoy a continuous railroad and telegraph line, with the appurtenances, from the town of Folsom to the town of Placervillc, in the State of California. The point on which I desire information is, does the Congress of the U.S. propose to confer powers of this sort entirely within a State authorizing a company to take public or private lands for the construction ofarailroud, to do everything pertinent to the construction of a railroad precisely as if in the DistCol? ask whether this is an inadvertence or whether it is maintained we have the right to authorize the construction of railroads entirely within a State.,
Mr. HIGBY. I resume the gentlemun from Iowa understan s that most of the mineral lands of that State are not open to location and sale. I will say for the information of the gentleman that this will grant lands to this company organized under the laws of California to run a road from Folsom to Placer ville. It only grants to that company public lands of the U.S.s. And furthermore, I will say that this road runs through a hilly country, commencing at Folso.
Mr. KASSON. I hardly think my friend understands the point of my qpestion. There are 2 points raised by this bill. One is the proriety of giving the right of way across pubic ands as well as aid in public lands. To that I entertain no objection in point of right. The next point is, that the bilPprovides that this company shall for the purpose of constructing the road take lands, whether public or private. To thatI have a constitutional as we I as a practical objection. The oint to which I call his attention is, that this bill, although it m‘nybe an inadvertence, neverthe less does in the 1st section ednfer specific and general corporate powers. That think we have no right to do. And as to the other question, of course I have great res eet for the opinion of the Gentfrom Ca ifornia as to whether we ought to aid a local road by a grant of public ldnds there. I am always disposed to be liberal in that respect, but not to make a U.S. corporation within the jurisdiction of a State, nor to give any powers to it whatever, except so far as the right ofway across the lands of the U.S. is concerned.
Mr. HIGBY. Mr. Speaker, ifI understand this bill rightly, its provisions are preciselythe same as are now contained in the Pacific railroad bill. Now, I will state for the information of the gentleman that this is intended ulti mately to be a branch of the Pacific railroad. It lies, as far as it can, parallel to it, running from the west to the east to somewhere in the State of Nevada, ultimately to unite With the main trunk of the Pacific railroad, and become a part of that system just as much as one of the branches of the Union Pacific railroad is a part of the Pacific railroad.
Mr. PRICE. Mr. Speaker, there is not enough in this bill to consume the time of the House. It is merely a matter that interests a few men in California. I therefore call the previous question.
Mr. RANDALL, of Pennsylvania. 1 hope the gentleman will allow me to say a word.
Mr. RANDALL, of Pennsylvania. I want to state a proposition. There is a judicial question involved in this bill whether we have a right to enlarge the powers of a corporation organized under State law. l
Mr. PRICE. I do not agree with the gentleman at all. This has been considered in the committee, and there are good lawyers there, and there is no such question involved in the bill. I therefore insist on calling the previous question on the bill and amendments.
Mr. ROGERS. I wish to ask the gentleman a question, whether he intends to bring
Mr. HALE. Is it in order now to move to recommit the bill?
The SPEAKER. It is not, pending the previous question.
Mr. HALE. I trust the gentleman will allow an opportunity for a suggestion in regard to an amendment to this bill that I think ought to be made.
Mr. PRICE. How many minutes does the gentleman want?
Mr. HALE. I call attention of the chair man of the ComPacificRR, my friends from California, and the House generally to the very remarkable language of the mittee have leave to report at any time. 13th section, which I think ought to be modified. It contains what purports to be the usual provision, “that Congress shall have power to alter, amend, or repeal this act, ” but it contains a preamble, a proviso, a stump s cock, and some excellent moral reflections, alof which I think ought to be stricken out. I ask the Clerk to read that section.
The Clerk read as follows: SEC. 13.Abife:, That the better to accomplish the objectof this act, namely.to promotetho publicinterestand welfare by the construction of said railroad and telegraph line, and keeing the same in working order, and to secure to the governmentat all times(but particularly in timeof war or rebellion) the useand benefit of the same for postal, military and other purposes.Congressma at any time. having duo regard or the rightsofsai Placer villo andSacramentoValley Railroad Company.add to. alter, amend or repeal this act.
Mr. HALE. Will the chairman of the committee allow me to move to amend by striking out all except these words? Congressmay at any time add to, alter, amend, or repeal this not.
Mr. PRICE. Individually, I have not the least objection to such an amendment.
Mr. PIKE. Will the gentleman yield for a question?
Mr. ROGERS. I rise ton nestion of order. I protest against running this bill through under the ga of the previous question.
The SPEAKER. That is not a question of order. The chairman of the committee is entitled to one hour and can use it or not, as he pleases.
Mr. LeBlOND. I would like to suggest one thin.
Mr. PIKE. I would like to make an inquiry of the chairman of the committee. Section 3 provides that the grant shall be in alter nate sections along the line of the road, and in case the U.S. has no lands along the line of the road, any lands within ten miles of the line of the road. I want to inquire if that is the usual provisionin relation to theserailroad grants. I supposed that the U.S. gave the lands to the Pacific railroad companies in alternate sections, for the or ose of enhan cing the value of the remaining ands. I do not know whether this is the ordinary provision in these railroad grants or not. It strikes me that if it is, we might have grants of land to the State of Maine.
Mr. PRICE. I will say that this section provides expressly that the company shall take alterriate sections by odd numbers and no oth or sections. The lands to be taken must be taken within a certain distance of the road. I now call the pnevious question.
Mr. LeBlON.Iwish to make a single suggestion.
Mr. JULIAN. I believe the previous question will be voted down. This bill is an outrage.
Mr. LeBlOND. If the gentleman will yield to me for a moment, I think I can make a suggestion which will obviate the dificulty.
Skip Skip The question was put upon 2nding the demand for the prevrous question, and there were 16 in the affirmative.
Mr. STEVENS. I call for tellers. This is an ordinary grant, such as has been made before to roads in the western country. Tellers were ordered; and Messrs. PRICE and Rooms were appointed.
Skip Skip The House divide; and the tellers reported aye3s6, noes 57. So the House refused to 2nd the demand for the previous question.
Mr. JULIAN. I move that the bill and pending amendments be referred to the ComPubLands.
Skip Skip The question was taken on Mr. JULXAN'S motion, and there were ayes 63, noes 33. So the bill and pending amendments were referred to the ComPubLands. Pennsylvania. I objects Mr. ELDRIDGE mtRtv the bill was referred; on the table. agreed to. CALIFORNIA AND OREGON RAILROAD.
Mr. BIDWELL, from the ComPacificRR, reported back without amendment, and with the recommendation that it do pass, bill of the Senate No. 123, granting lands to aid in the construction of a railroad and tele gni h line from the Central Pacific Railroad, in t.alifornia, to Portland, in Oregon. The bill was read.
Mr. BIDWELL. Mr. Speaker, this bill is one of great importance to the State of California and to the State of Oregon. It has been so carefully drawn, so well considered, and is so eminently just in all its provisions that I hope this House will be disused to pass it wholly upon its merits. I aim l have no extended remarks to make upon this bill unless some members shall desire information upon particular points.
Mr. JULIAN. I desire to ask the Gentfrom California whether, in the 2nd section of the bill, there is any limit within which the lands provided for shall be taken. I understand that this company may 20, or 50 miles to get the lands provided for.
Mr. BIDWELL. The Gentfrom Indiana desires to know whether the limits within which the lands are to be taken are fixed. I will state, from the readin of the section to which he alludes, that the imits are fixed at 20 miles, and, as I think, unjustly fixed at 20 miles. taking into consideration that the country alongthe entire length of the road has been settled for 16 years, and taking into consideration also that it'is a mountaine us region, and that therefore the amount of land to be obtained is very small indeed, unless it be rug ed, mountaine us land.
Mr. JULIAN. I do not think the Gentfrom California understood my question. The point I make is, that the 2nd section of the bill does not make the limitation that he states. It says, “to be designated by odd numbers to the amount often sections permile on each side of said road.” It does not say that it shall be within ten miles of the line of the mad, according to the usuaf language of bills of this sort. It is, therefore, unguarded in that respect.
Mr. BI WELL. It says “ contiguous thereto, ” and a little further on it says “within 20 miles of the line of this railroa.”
Mr. HALE.’ I wish to know wherein this bill differs from the Senate bill.
Mr. BIDWELL. This is Senate bill No. 123.
Mr. HALE. Then Iask how it comes before the House now, and whether it has been reported by the ComPubLands, to which it was referred.
Mr. BIDWELL. This bill was never referred to the ComPubLands. It was refee'red to the ComPacRail roa.
Mr. HALE. I find this indorsement on the bill: “Senate bill No. 123, read twice, referred to the ComPubLands, and ordered to be printed.”
Mr. BIDWELL. That is in the Senate, of course. The ComPubLands there reported in favor of the bill, it passed the Son ate, came to this House, was referred to the Committee on.the Pacific Railroad, and has been reported back to the House by the unan imous consent of the committee.
Mr. HALE. I would ask the Gentfrom California [ML BlDWl JLI.] if Senate bill No. 153 is identical with House bill No. 339.
Mr. BIDWELL. No sir, not exactly; because the Senate amendedit in some particulars.
Mr. HALE. Which is the bill now under consideration?
Mr. HALE. This bill, so far as I can diso ten, cover, does not contain the usual provision, giving power to Congress to amend, alter, or repeal at any time. I think that provision should be inserted in the bill.
Mr. BIDWELL. I think that every safe guard has been included in this bill. If there is any other provision, however, by which the bill can be improved, I have no objection to it. But inasmuch as this bill has already passed the Senate, and has been long before the House, if there is no material objection to, it, I should certainly be glad to have it passed without amendment. But if it be improper in any particular, of course I do not wish to ur e anything that is improper.
Mr. HALE. Will the gentleman allow me to move as an amendment an additional section, that Congress shall have power to amend, alter, or repeal the provisions of this act at any time?
Mr. BIDWELL. I should not object to that if such a provision is in the railroad bills generall passed by Congress.
Mr. I ALE. I suppose it is; at least it should be.
Mr. BIDWELL. I have never seen any such provision in those bills. I am informed that no such provision is contained in any of the railroad bills.
Mr. PRICE. None of them contain any such provision.
Mr. BIDWELL. And I do not think it necessary to attach any such extraordinary provision to this bill.
Mr. HENDERSON. Will the Gentfrom California yield to me for a moment? MLBIDWELL. Certainly. OREGON AND SALT LAKE RAILROAD AGAIN.
Mr. HENDERSON. I desire to enter a mtRtv House bill No. 679, granting lands to aid in the construction of a railroad and telegraph line from the Columbia river to Salt Lakeity, was recommitted to the ComPacificRR.
The Speaker. The motion to reconsider will be entered upon the Journal.
Mr. HALE. move to lay the motion to reconsider on the table.
The Speaker. That motion cannot now be entertained, the House being engaged in the consideration of other business.
Mr. RANDALL, of Pennsylvania. Have that committee the right to report that bill at any time.
The Speaker. They have not. CALIFORNIA AN!) OREGON RAILROAD AGAIN.
Mr. JULIAN. I desire to move to amend the 2nd section of this bill by inserting after the words “to the amount often sections permile on each side of said railroad” the words “within ten miles of the line of the railroad."
Mr. PRICE. I would suggest to the Gentfrom Indiana [Mr. Juuss'] that the land cannot be obtained within that limit.
Mr. PRICE. You cannot get the land within that limit.
Mr. JULIAN. The Gentfrom California says that it is limited to ten miles; I proposeonly to make it so expressly. i
Mr. JULIAN. I move the amendment I have indicated.
Mr. BIDWELL. I would have no objection to the amendment of the Gentfrom Indiana [Mr. JULIAN] if he will make it 30 miles. "he bill as it is drawn calls for 20 sections permile, or ten sections or mile on each side of the road. That will ta e the alter nate sections for the space of 20 miles on each side of the road. Now, if the limit is fixed at ten miles of the line of the railroad that will not harmonize with the other provisions of the bill. It will take away 1/2 of the grant, when it is already too small, taking into consideration the character of the country through which the road is to pass. I I hope the gentleman will not press his amendment.
Mr. JULIAN. I am not anxfous for any.particular limit, but I want some limit fixed in the bill. I am willing to modify my ameniment so as to make it read “within 20 miles of the line of the railroad."
Mr. BIDWE LL. [move to amend the amendment so as to make it 30 miles instead of 20 miles; and I wish to explain the reason why I make that motion. This bill now calls for 20 sections of land per mile, ten sections on each side of the road, to be designated by odd numbers. Therefore the odd sections take all the land granted by this bill within 20 miles of the road. Now, if you limit the selection to 20 miles, there is no chance to take lands in lieu of those preempted, taken by homestead claimants or at erwise disposed of by the Government. Therefore, if any amendment is made, it should be to extend it 30 miles, not 20.
The Speaker. The mornin hour has expired, and the bill goes over til the next morning hour. RIVER AND HARBOR APPROPRIATION BILL.
Mr. ELIOT submitted the following report: The committee of conferenceon the disaizreein Votesof the 2 Houses on the bill (H.R.No. 492 making appropriations for the repair, preservation, and completion of certain public works heretofore commencedunder the authority of law and for other purposes, having met, after full and free conference liars agreed to recommend, and do recommend, to their respective Housesasfollows: That t io House agree to the 1st. 2nd, 3rd, 5th. 7th.8th.and9th amendmentsasmade by the Senate. That the Houseagreeto the6th amendmont. With the following amendment. that is tosay.by inscrtin in section one, lingol, line 21, after the wor “aforesaid.” the words “and all other works provided for in this act." That the House nametothe the nthamendmentwith the following amendment that is tosay, by inserting after the word “ Munistee" in said amendment, the words “South Haven.” That the Senate recode from the 4th amendment 2. CHANDLER L. M. nonurLL. Manage” on the par! of the Senate. THOMAS D. ELIOT, JOHN HIWF.MLPOINIRGEYYE, AR Managerson [bepart of the home. The report of the committee of conference was agreed to. by which the report was agreed to; on the table. agreed to. BUREAU OF EDUCATION.
Mr. GARFIELD. I rise to a privileged question, and call tip the motion made by the Gentfrom Michigan [Mr. UrsoN to reconsider the vote by which House bill o. 276, entitled “An act to establish a national Bureau of Education, ” was rejected upon the question of its passage. Mr. Speaker, as the House is aware, this bill, when under consideration here, was amended so as to provide for a dept instead of a bureau. I am willing, if unanimous consent be given, that the name be'changed, and that this shall be called a “bureau” instead of a “dept.”
Mr. GARFIELD. Very well; that change can be made in the Senate. I demand the previous question on the motion to reconsider.
Mr. ANDALL, of Pennsylvania. that the bill be recommitted.
The Speaker. That motion is not in order pending the demand for the previous question.
Mr. ANCONA. I move that the motion to reconsider be laid on the table; and on that motion I demand the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 87, nays 76, not voting 69; Mr. ELIOT mtRtv. not laid on the table. During the call of the roll, Mr. WILSON, of Iowa, said: On all votes upon this bill I am paired with the Gentfrom Pennsylvania, Mr. Scorinu). fhc were here he would vote against laying the bill on the table, and I should vote in favor of that motion., The result was announced as above stated.
Mr. RANDALL, of Pennsylvania. I desire that this bill maybe recommitted, so that it may be amended in the manner proposed by me when it was heretofore under consideration; that is, so as to provide that the educational matters shall be under the control of the SecyInterior, with 2 or 3 additional clerks sufficient to perform the duties contemplate. That seems to me prefer able to the bill as it stands.
Mr. GARFIELD. I offered to consentto an amendment of the bill, so as to provide for a bureau instead of a dept; but the Gentfrom Pennsylvania objected. I trust the bill will not be recommitted; for ifthat be done, it cannot be reached a ain this session. If the House should pass the bill in its present form, the committee will endeavor, and will no doubt be able, to secure in the Senate an amendment providing for a bureau to be under the controfof the SecyInte rior. I hope the previous question will be 2nded.
Mr. DAWES. I ask the Gentfrom Ohio whether he thinks it will add to the efficiency of the bill to change its name from a dept to a bureau. That is not the objection to the hill.
Mr. RANDALL, of Pennsylvania. distinction without a difference.
Mr. DAWES. That is not the objection to the bill. It is objected to on broader round.
Mr. GARFIELD. I have promise to call the previous question. ll
Mr. DAW 'S. I desire to vote for this measure; but I must say, in looking at the bill it seems to me it should be recommitted with authority to report at any time, to the end that the gentleman may enlarge the basis upon which the bill stands, to make the idea upon which‘it is based more eliicient and valua bio. I voted for the motion to reconsider, and I shall vote for any measure of this kind that is efficient. I hope the gentleman will consent to have the bill recommitted.
Mr. GARFIELD. Mr. Speaker, I know the object the gentleman seeks to accomplish, and I would cheerfully unite with him in accomplishing it if it were now practicable. I should be glad to see the Bureau of Agriculture consolidated with this and a general bureau of statistics added, but I do not believe the House It isa would consent to it at this time. If gentlemen are unwilling to pass the pending proposition they would be still more unwilling to enact a more comprehensive measure. We ask the passage of this bill, which provides for a commissioner and 3 clerks for the purposesmentioned in the 1st section, at the earnest request of the school commissioners of several of the States. It is an interest that has no lobby to press its claims. It is the voice of the children of the land, asking us to give them all the blessings of our civilization. hope that the instinct which has moved the other side of the House to vote solidly against this liberal and progressive measure will at least induce this side to save it from defeat. I will not take the time of the House to discuss it, but will trust to the sense of duty among the liberal men of the House and to the manifest justice of the hill itself.
Mr. GARFIELD. I must call for the previous question. I promised a gentleman who has a bill pending that I would not yield.
Mr. RANDALL, of Pennsylvania. I rise to a question of order. As a member of the committee, I have certainly the right to be heard.
The SPEAKER. Not if a majority of the House 2nds the demand for the previous question.
Mr. RANDALL, of Pennsylvania. I hope the previous question Will not be seednded.
Skip Skip The House divided; and there were ayes 48, noes 44. Mr. ANCONA demanded tellers. Tellers were ordered; and Messrs. Ascoru and GARFIELD were appointed. The House again divided; and the tellers reported ayes 52, noes 44. So The previous question was 2nded. The main question was ordered. Mr. ANCONA demanded the yeas&nays on the motion to reconsider. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 76, nays 48, not voting 58; So the mtR agreed to. the question recurred on the passage of the i. Mr. GARFIELD. On that I demand the previous question. The previous question was 2nded and the main question ordered. Mr. PIKE and Mr. ELDRIDGE demanded the yeas and nuys on the passage of the bill. The yess and nnys were ordered. The question being taken, it was decided in the affirmative yeas 80, nays 44, not voting 58;. So the bill was passed. LEAVE OF ABSENCE. The Speaker asked and obtained indefinite leave of absence for Mr. Fsnav. Mr. McKEE asked and obtained leave of absence for himself for the remainder of the week. lwiiine im'r CANAL COMPANY.
Mr. ASHLEY, of Nevada, by unanimous consent, introduced a bill to explain and limit the act granting the right of wa to the Hum boldt Canal Company throu htepublic lands of the U.S.; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. ARMY BILL. The morning hour having expired, the House proceeded to the consideration of the special order, bein House bill No. 361, to reor nize and establish the Army of the U.S., reported by Mr. Scursex from the ComMilAffrs.
The Speaker. If there is no objection, this will be considered as an original bill, though it is reported in the nature of a substitute. No objection being made, it was so ordered.
Mr. SCHENCK. The House has now under consideration a bill reported from the ComMilAffrs, the former bill havin been rejected and afterwards reconsidered an recommitted. I propose to have this bill considered section by section, as was done With the former bill. It will be discovered that the committee has endeavored to conform this bill to the views, so far as they could be gathered, expressed by the House in relation to this matter, by their votes as they were given when the former bill was under discussion. I do not propose to make any opening remarks explanatory of the general character of the bill in the form it is now brought before the House, but to endeavor to eXpedite the consideration of it by another and a different ro position. I propose that the bill which is be ore the House as an origi nal bill, though it is reported in the nature of a substitute, shall be held subject to amendment and to discussion within reasonable limits, and hoping that I shall not be driven to demand the previous question even upon any of the sections, I aiiit that the discussion may be limited to 5 minute speeches. The House, I trust, will agree to this reposition.
Mr. DAVIS. must object to that at the present stage. ume.
Mr. SCHENCK. Then I shall have to call the previous question on the whole bill.
Mr. DAVIS. I desire to make an explanation.
Mr. SCHENCK. I have not yielded the floor. I have proposed a fair mode of considering this matter, section by section, which I think is as much as should be expected at this late period of the session, and that we limit ourselves to a short business debate. Now, if members of the committee can forego the privilege of protracted debate and long speeches, it seems to me others might do so. If this firoposition cannot be consented to by the house, gentlemen all around me ask me to call the previous question on the whole bill and bring the House to avote upon it at once, which I should regret very much to be compelled to do.
Mr. DAVIS. I appeal to the gentleman simply to allow me to make a statement. h
Mr. DAVIS. After the former bill, which was rejected by the House, had been considered a long time, I hoped that if another bill should be introduced it should conform some what to the principles of the bill which the Senate had passed, and which I now understand has received the approbation of military gentlemen who are supposed to know a great cal more on the subject than I pretend to know. I therefore state, for the purpose of apprising the gentlemen of my intention, that an ess somebody else does it I will at the proor time move the Senate bill No. 138, with some slight modification, as a substitute for the bill now presented.
The SPEAKER. The Gentfrom NewYork can at any time after the Gentfrom Ohio has surrendered the floor make that motion, and it will be reserved until the bill is perfected.
Mr. SCHENCK. The gentleman must do me the justice to observe that I have never objects to any opportunity for offering any amendment in the shape of a substitute or anything else. My proposition is to confine the House to 5 nutes’ debate. To that the Gentfrom NewYork objects. I suppose, however, that he now means to be understood as withdrawing his objection.
Mr. DAVIS. Certainly. I did not wish to interpose any objection which would operate to the embarrassment of the chairman of the committee. I did not know but it might be necessary to explain to the House in afew words the distinctive provisions of these 2 bills the Senate bill and this one and I did not believe that anyone would be able to do that in 5 minutes. I have no objection, however, to trying the rule proposed, and if it be comes necessary, provision may be made for additional time.
The Speaker. The gentleman withdraws the objection. Is there objection to the debate being imited as proposed? No objection being made, it was accordingly ordered that the debate be limited to 5 minute speeches, and that the bill be considered section by section.
The Clerk read the 1st section, as follows: Be it enacted by flle Senate and HoRep of the U.S.A. in congress assembled. That the military pence establishment of the U.S shall hereafter consist of 5 regiments of artillery. 6 regiments of cavalry. 50 regiments of infantry the professorsand corps of cadets of the U.S. Military Academy, and such other forces as shall be provided for by this act. to be known as the Army of the U.S.
Mr. SPALDING. I move to amend by striking out “six” and inserting “ 12, ” so that it will read “ 12 regiments of cav al. the amendment was not agreed to.
The Speaker. In the debate on the previous bill the 1st section was reserved with the privilege of amending it so that if any alteration should be made in the subsequent portion of the bill in regard to the number of regiments this could be made to correspond with the subsequent sections. No objection being made, the 1st section was accordingly reserved.
Mr. LeBlOND. I wish to inquire of the chairman of the committee what number of regiments in the aggregate there will be by this section.
Mr. SCHENCK. This bill does not add 6 new re ‘ments of cavalry as the former bill did, an it makes the number of infantry regigments less by 5, so that the aggregate maxi mum will be 12,000 200 less rank and file than was proposed by the previous bill. Instead of an army of 50,000, capable of extension to 82,000 600, we now propose an army of 43,000, capable of extension to 70,000.
Mr. LeBlOND. I will move to am eudby s“triking out the word “ 50 ” and inserting 40, ” so that it will read “ 40 regiments of infantry."
Mr. SCHENCK. I will give my reason for opposing this amendment. The House will find that these 50 regiments are made up of the present ten infantry regiments in the old regular Army, of 22 regiments to be composed of 9 new regiments of 3 battalions each, and then 0 ten regiments to be called the Veteran Reserve corps, and 8 regiments of colored men. Now, if you reduce the number of regiments to 40, you must dispose in some way of ten of these regiments either by giving u the provision for wounded officers and soldiers of the Army, which, after full consideration when the for mer bill was before the House, it refused to do or by giving up the 8 re iments of co ored troops, or else by taking the number of regiments from some portion of the regular Army and disbanding them. The committee have reduced the number of regiments to be composed of, the 9 new large regiments which were added to the regular Army to last during the war to as low an extentas possible, so as to preserve them at all, when we make them into 22 regiments. They do this by taking the whole 206.teen companies of the 9 large regiments and adding only 4 companies to round out the number 0 ten companies to each regiment, and thus compose the 22 new regiments. The former bill provided for 20 sevon regiments from the old 9 large re i ments, instead of 22, by taking tie 3 battalions of which each of the 9 regiments was composed, and adding to each bat talion 2 companies, thus making the aggre gate addition twice 27 companies. I make this explanation, because if the motion of my colleague [Mr. Li: BLOND] should prevail, it must after necessarily what follows in the bill; and the House must dispense either with the provision for wounded officers and wounded soldiers, or with the provision made for colored troops, or else you must turn out, dismiss, disban some portion of the regular Army to accomplish the object.
Mr. LeBlOND. I confess that I know but little about military matters. In the motion I have made I am simply looking to a principle; it is for the purpose of reducinglthe standingArmy in time of peace. It is with that view only that I have made the motion to amend. ’Ihe argument of the chairman of the ComMilAffrs [Mr. Scusnes] certainly amounts to nothing, so far as the action of Congress hitherto upon this subject is concerned. If this House shall determine to reduce the minimum, they can do so, and the other provisions can be made to conform to that action. It amounts to no argument to say that we have added certain regiments, either colored regiments or white regiments, and provided for their distribution in a certain way. That can be arranged and conformed to the judgment of Congress, if we should take a less number of regiments than the committee has reported here. do think that our expenses are already large enough. And the past history of this country shows that we can get along in time of peace with a much less number than here provided for; and as we have got along with a less number in the past, I think we can et on with less in the future. And the financial condition of the country requires that we shall economize in every conceivable way. I do not know that my amendment distributes the regiments as they should be. I am not military man enough to do it. I simply wish an expression of the House upon the question in order to ascertain whether they favor a reduction of the number of regiments proposed by the committee. It is with this view that I have offered the amendment.
Mr. LeBlOND. Mr. Speaker, [I rise to oppose the amendment to the amendment. I do not propose, sir, to discuss at this time the condition of the South. I think that enough has already been said on that subject. I think the country fully understands the crippled condition of the South. It is well understood that the people of the South are entirely disarmed and utterly incapable ofinsurrection or of giving as trouble if they desired to do so. But the remarks of my colleague, it seems to me, suggest a reason why my amendment should be adopted. As he has remarked, it was deter mined by the House on a former occasion that 8 regiments of colored troops should'be retained. It was also decided that ten regiments of the Veteran Reserve corps should beretained. We did not provide for the retention of a sufficient nuin emf this corps to include all of this class of soldiers throughout the‘country. The effect of the present hill is to exclude these from the standing Army in order to give place to colored regiments. I for one am opposed to iving place to the colored troops to the excIusion of the men of my own race who have on ht in defense of their country. I, sir, we are to provide for any in this bill let us provide for men of our own race instead of the colored race. Do away with your colored regiments and you merely fill the number I‘desire. Then you will leave the Army to be made up of men of our own race and our own color. I hope the amendment I have offered will prevail, and there will be a reduction in this particular, and as we proceed the committee can divide them up into the different depts of the Army.
Mr. SCHENCK, by unanimous consent, with drew his amendment.
Mr. Li: Baoxn’s amendment was then re imd, only 19 voting in the affirmative. It!. vinii question of the extent 1 l
Mr. ROSS. I ask if the question is divisible.
The Speaker. It is, and the question is 1st on striking out “ 6 regiinents of cavalry" and inserting in lieu thereof “ten regiments of cavalry.”
Skip Skip The question was put, and the amendment was disagreed to.
Mr. WOODBRIDGE. I withdraw the remainder of my amendment.
The Clerk read as follows: Site. 2. Abife: That the 5regimentsof artillery provided for by this act shall consist of the 5 regimentsnoworganized; and the 1st 2nd.3rd and 4th regimentsof artillery shall havethe same organization as is nowlprrescrihcil by law for the 5th regimentof artillery: ovwled.That the regimental adjutants. quartermasters, and commissanes shall hereafterbe extra 1st lieutenants.
Mr. SCH‘ENCK. I move to add at the end of that section the following: Who shallbe appointed from amongthosewhohave servedaso the crsor soldiers of] volunteersin the late war for the suppression of t o rebellion, who have been distinguished for capacity. good conduct and efficient service and who shall be subject to such examination as is hereinafterprovided. I will explain that amendment. By the present organization of regiments, the adjutants uartermasters, and commissaries are detailed or their several duties. By this bill it is proposed that they shall be extra 1st lieutenants, not officers taken away from their proper du ties, but shall serve specially in these different positions. This, then, will open the way to some new appomtments even in the old regiments, and I propose that these new appointments be secured to the volunteers. That is the object of this amendment.
The Clerk read as follows: Sac. 3. Abife: That the 6 regiments of cavalryprovided for bythis act shall consist orefgtihmoesnixts regimentsnow in servicc. Each of said shall hereafter have but one hospital steward and the regimental adjutniits quartermas ters and commissarics shall hereafter 0 extra 1st lieutenants: and eachregiment shall have one vct urinary surgeon whose coinpensation shall be 8H!) permonth. But at any tinic4licreafter. when the exigencies of the public service may require. the POTUS shall have the power and authority to mountanyof the infantry regiments of the Army, not exceedingsix regimentsin number at a nyone time. to serve as cavalry and while so serving theyshall be allowedall the pay.allowances, and emoluments of cavalry troops.
Mr. PAINE. I would suggest to the chair man of the ComMilAffr one amendment in that section, which I am sure will commend itself to his judgment. It is to insert in line 13, after the word “ cavalry” the words “ or mounted infantry.” It has been found, I believe, in the field to be true that mounted infantry serving as cavalry have done as much service and perhaps more than they could have done if equipped and serving as cavalry proper.
Mr. SCI EINCK. I have no objection to that. 0
Mr. SCHENCK. I move to amend this section b inserting after the woTd “lieutenants” in the 6th line the words “to be appointed as provided for in the fore oing section Ifl the case of similar officers of the artil ler.’ "he amendment was agreed to.
The Clerk read as follows: SEC.4. Abife: That the infantry regiments herein providedfor shall consistof the 1st ten regiments of infantry often companieseachnow in service; of 22 regiments to be formed by in ddingfour new companiesto the 216 companies constituting the 9 regiments oitragraynizedunder the act to increase the present milJuly establishmentof the U.S., is proved 29. 1861, and organizing the whole 220 companies into 22 new regiments, which shall be numbered from the 11th to the32nd inclusive, often regimentsto be raised and officeredashereinafter provided for, to be called the Veteran Reserve corps; and of 8 regiments of colored men, to be raised and officered as hereinafter provided, to be known as U.S. colored troops.
Mr. NIBLACK. I move to strike out on line 14 of that section, after the word “corps, ” the following: And of eight regimentsofcolored men, to be raised and officeredas hereinafter provided, to beknown as U.S.colored troops. Mr. Speaker, when we were obliged, during the war, to introduce colored troops into the service it was not understood that they should continue in the service after the termination of the whr. It was regarded merely as a tem porary measure to meet the emer ency which seemed to be upon the country. Ighave never yet, myself, believed that colored troops were as valuable as white troops, and I resume that hereafter we shall have no difficuiiy in obtain'ingI a.sufficient number of white troops. Hence Itink we ought to strike out this revision. I make the motion in good faith an hope it will be adopted. The amendment was disagreed to.
The Clerk read as fo lows: SEC. 6. A ri Abife:, That the appointmentstobe madefrom among volunteer officers, under the provisions of this act, shall be distributed.as far asmaybe practicable, a ine the States Territories, and DistCol, in proportion to the number of tree a furnished by theni respectively to the serviceof the U.S.during telate war. No amendment bein offered,
The Clerk read as fo lows: Ssc.7. Abife: That each regiment coof lionnfaenl, try provided for by this act shall have one one lieutenauteolonel, one major, one adjutant, one regimental quarterinaster, one sergeant major, one quartermnstersergeant, one commissary sergeant, one hospital steward, 2 principal musi oians, and ten companies, and each company shall have one captain, one 1st licutenant. And one 2nd one 1st sergeant, 4 sergeants, 8 corporals, t w0 artificers, twomusicians, onewagoncr, and a 50 privates, and the number of privates may Pbreeisniedreenats, edto 100, at the discretion of the whenever the exigencies of the service require such increase. The adiutant and quartermaster of a regiment shall eachbe anextra 1st lieutenant, appomtedfor their respectiveduties. No amendment bein offered,
The Clerk read as to lows: SEC. 8. Abife: That thes jutants and quartermasters of infantry regiments siall be mountedofficers; and that all regimental adjutants and quartormasters shall be paid, in addition to their other proper allowances as 1st lieutenants and mountedofficers, ten dollars permonthascompensation for their greater careand responsibility; and officersof the line detailedto act asregimentalquar termastersor as quartermastersor commissiiriesof permanent posts or of commandsof noticesthan 2 companies, shall, when the assignment is duly reported to and approved by the War Dept, receiveas extra compensationwhile responsible for Governmentproperty, ten dollars permonth. No amendment bein offered,
The Clerk read as fo lows: SEC. 9. Abife: That 15 bands including the band at the MilitaryAcademy, may be retainedor enlistediii the Army with such organization as is now provided by law, to be assignedto brigadesin timeof war, and in time of peaceto us slacrngiebsletd brigades or to forts or posts at which the nuniberoftroops shall bestationed: and the band at the Military Academ shall be placed on the same footing as other ban s: and there shall be one ordnancesergeantand one hospital stewardfor each military post, and the same number of post chaplains as now provided by law; and a commissioned or non-commissioned officer of the Veteran Reservecorps shall be assignedio duty as superin tendent and guard at each national cemeterynow establishedor that may hereafterbe established.
Mr. DAVIS. I move to amend that section by inserting in line 6 after the word “stationed” the words “if deemed expedient by the SecyWar.” As the section now stands, it is made the duty of the Secretary to assign bands to those posts having the largest number of troops. Now, 511‘, the nihiber of troops varies; sometimes tem orarily at different lpoints; and yet, undert is bill, the momentt e largest number of tree s is assembled at anyone post, although it may)0 temporarily, a band must be sent to that post. This may work inconvementlya Ifthink my amendment will meet with no objection.
Mr. SCHENCK. The ComMilAffrs preserved the precise language upon this point which was put in the bill when it was last under consideration. I do not see any objection to the amendment, but I think the gentleman Will accomplish his object if he Wlll move to strike out from the commencement of the 6th line down to and including the mini “stationed.”
Mr. DAVIS. I do not know but that that will accomplish my object.
Mr. SCHENCK. This section contains the amendment which was made upon the motion of the Gentfrom Wisconsin, [Mr. PAINE] when this bill was before the House on a former occasion, with this difference: we have reduced the number ofbands from 17 to 15, including the band at West Pomt, regarding that as about the proper proportion for the reduced number of regiments.
Mr. DAVIS. Will the gentlemen from Wisconsin [Mr. PsiNi i] allow me to make a suggestion which I think will meet his views and mine?
Mr. SCHENCK. I will make a suggestion which I think will harmonize both sides. I ap reciate the reasons as urged upon either side. On the one hand the Gentfrom NewYork [Mr. DAVIS] is afraid that if this revision in the bill stands a band will have to moved whenever the number of troops at a station where a band may be located happens to be diminished below the number of troops at some other station. On the other hand the Gentfrom Wisconsin [Mr. Piuss] does not wish a band kept up when there is only a nominal force stationed, as at Newport, for instance, for the benefit of the officers there. Now, I propose to amend this provision by inserting the word “ordinarily” between the words “be stationed, " so that the temporary change from any cause will not affect the location of the bands. That portion of the section will then read: That 15 bands, including the band at the Military Academy, may be retained or enlisted in the Army with such organization as is now provided by law, to be assignedto brigadesiii time 0 war, and in times of peace to nsscm led brigades, or to forts or posts at which the largest number of troops shall be ordinarily stationed.
Mr. PAINE. I am willing to compromise with the Gentfrom NewYork [Mr. Davis] on that.
The Clerk read as follows: $20. 10. Abife: That all enlistmentsinto the Arm shall hereafterbe for the term of 3 years, and at 2 field officers shall be appointed to any regimentuntil in: companiesof the I will accept that in lieu of re iment shall have been 0! Bull0d, llfld but 2 officers for ouchcompanyshall be appointeduntil the minimum number of inenhas been enlisted and the regiment duly organized; but recruits may at all times becollectedat the general rendesvonsin addition to the numberrequired to fill to their minimum all the regiments and companiesof the Army. provided that such recruits shall not exceedin the aggre gate 3,000men. It shall be competentto enlist men for the servicewho have been woundedin the line of their duty while servingin the Army of the U.S.orwho have been disabled by disease contractedin such service provided it shall be dfoisuanbdi.liotyn medical inspection. that b such woundsor theyare not unlitted for e ciencyin garrison or other light duty; and such menwhen enlisted shall be assignedto service exclusively in the regiments of the Veteran Reservecorps.
Mr. DAVIS. I move to amend this section by inserting after the words “that all enlistments into the Army shall hereafter be for the term of 3 years the words “ except for the cavalry service, which shall be for the term of 5 years.” I move that amendment for the reason that I have already suggested; that is that from information communicated to me I am satisfied that the time required to make good cavalry men of the men ordinarily enlisting in the Army is more than 2 years. Therefore, if the term of enlistment be for only 3 years, 2 of those years are s ent in the tuition of the men, and they do duty as efficient cavalrymen during only one year of their term of service. Hence, although I yield to the suggestion of the chairman of the committee, made during the previous discussion of the bill, in regard to other arms of the service, it seems to me that, in respect to cavalry, the term of enlistment should c for alongerperiod than 3 years. The experience of the recent war has shown that cavalrymen are of comparatively little utility until they have been trained a long time in the cavalry service. I hope, therefore, that the amendment will prevail.
The Clerk read as follows: SEC.11.Abife: That the POTUS is hereby authorizedto emplo.in the Territories and Indian country stores of In ians, not to exceed 1,000. to act as scouts who shall receive the pay and allowances of cavalry soldicrs and bedischargedwheneverthe necessity for their further employmentis abated, or at the discretion of the dept commander. No amendment bein offered,
The Clerk read as fo lows: Sac. 12. Abife: That there shall be one general. one lieutenant general. 5 major generals and ten brigudier generals.who shall have the same pay and emoluments, and be entitled to the same sta officersin number and grade as now provuled by law. No amendment bein offered,
The Clerk read as fo lows: SEC.13.Abife:, That the adjutant generafs dept of the Army shall hereafter consistof the officersnew authorized by law and their rank shall be as follows. namely: one udjutant general.with the rank. pay and emolumentsofa brigadier genera]: 4 asst n djntant generals, with the rank. pay, and emolumentsefcoloncls; 5 asst adjutant generals.with the rank. pay and emolumentsoflicutenant coloncls; and ten asst adjutant generals. with the rank. pay and emolumentsofmiuors. No amendment be in offered,
The Clerk read as fo lows: Ssofl. Abife: That thereshsll be 4 inspector generalsof the Army, with the rank. uy, an emolument8 0cfoloncls and 4 asst inspector generals.with the rank. ay and emolumentsoflioutenanteolonels.oncofw omshall bespe eially assignedtoduty nsinspoetor of cavalry: and two asstinspectorGenerals.With the rank, pay, and emoluments of mmors. No amendment being offered,
Mr. SCHENCK. I move to amend by adding at the end of the word “ colonel, ” in the 5th line, the letter “ s;” so that the clause will read, “six quartermasters, with the rank, pay, and emoluments of colonels.”
The Clerk read as follows: Ssc. ‘l7. Abife: That thenumber of military store keepers shall hereafter be as man as shall be required, not exceeding16, whoshall have the rank. pay, and emoluments of captains.
The Clerk read the next section, as follows: Site. 18. Abife: That the provisions of the act for the better organization of the suaalrltecromnatisntueer’sindcoarcrtemsoe, nfat.raapsptrhoevyeddono Julyt b4e, come 1864. obsolete and unnecessaryupon the disbandment of the volunteer forces. No amendment being offered,
The Clerk read as follows: Sec. 19.Abife:, That the subsistence dept shall hereafter consist of the number of officersnow authorized by law. namely: one commissary general, with the rank. pay and emolumentsof a brigadier general; 2 asst commissary generals with the rank. pay, and emoluments of colonels; 2 commissaries.with the rank, pay and emoluments of lieutenant colonels; 8 commissioner and Witshixttheeenracnokm. mpaisys.uarnieds emitholutments of. pay, and emolumentsof captains. Eat after th e 1st appointmentsmadeunder the provisionsof this section. as vacanciesmay occur.reducing the number of officersin the severalgradesbelow that of brigadier generalof this dept no appointmentsto fill the same shall be madeuntil the number of coloncls shall hereducedto one, the number of maiors to eight and the number of captains to eight. And thereafterthe number of officersin eachof said several grades shall continue toconformtosuchreduced numbers. Andhereafterno graduate‘bf the U.S. Military Academy. being at the time in the of the U.S., o'rhaving beentherein at any time for 3 years next receding shall be oliinble to appointment as an o icer in the subsistence dept. But this provision shall not extend to graduatesof WestPoint now in the subsistencedept. But nothing in this sectionshall be construed so as tovacatethe commission of the commis sary general of subsistence, but only to change the title of that officer to commissa general: nor to vacate the commission of any officer now commissioned asassteommissarygeneralof subsistence or comiiiissary of suhsistence, but only to changethe title to commissaryin the cases of thosewhg rank as lieutenant coloncls. catains, and mine rs. without affecting in any way their relative position or the time from which they take rank. No amendment bein offered,
The Clerk read as fo lows: SEC.20. Abife: That the Provost Generafs Bureau shall be continued only so long as, in the judgment of the SecyWar may be necessaryto close up the business thereof, not pieceding however, 6 months from the passageof is ac.
Mr. SCHENCK. The word “marshal” has been left out after the word “provost, ” and I move it be inserted. The motion was agreed to.
Mr. SCHENCK. To remove all doubts on the subject, I move to add the words “ office and” after the words “provost marshal generafs.”
The Clerk read as follows: SEC.21.Abife: That the medical dept of the Army shall hereafter consistof one surgeon general, with the rank. pay and emol umentsofa brigadier i neral; one usSistantsurgeon general. with the ran. pay, and emolumentsof a colonel one chief medical purveyor and 4 asst modical purveyors, with the rank, pay and emoluments of lieutenant coloncls, who shall give the same bonds which are or may be required of asst payMGens of like grade and shall.when not acting as urveyors, beassignabletoduty as surgeons by the resident: 70 surgeons.With the rank. pay and emoluments of mine rs; 140 asst surgeons.with the rank pay and emoluments of 1st lieutenants for the 1st 3 years' servicc and with the rank, pay, and emoluments of captains after 3 years service; and 5 medicalstore kee ers, with the same compensa.tion as is now provided by law; and at least 2/3rds of the original vacanciesin the gradesofsur gecn and asst surgeon shall be ti led by selection by competitive examination from among the personswho aveservedas staffor regimentalsnr geonsor asst surgeonsof voliinteersin the army of the U.S.two yearsduring the into war and 1/3rd from similar officersof the regular Army; and persons who have servad as asst surgeons 3 years in the volunteer serViccshall be eligible for promotion to the gradeof captain.
Mr. DONNELLY. I move, in the 20 3rd line, after “1/3rd " to insert the words “in the same manner.” It is a verbal amendment, and meets with the approval of the chairman of the committee. tprovides that they shall be selected by competitive examination.
Mr. SCHENCK. I will suggest a difficulty which may arise under the gentleman’s amendment in reference to these officers of the regular Army. Asst surgeons come up in turn by seniority for examination and promotion and there being but one vacancy to be filled, the examination can scarcely be called competitive. In respect to volunteers, when you have ten or 15 candidates resenting themselves you examine them all an admit on competitive examination; but when a vacancy occurs liable to be filled from the regular Army officers you do not examine all who are asst sur cons.
Mr. ONNELLY. It seems to me any examination is a competitive examination. If the 1st one who presents himself he found not competent, then you take the next one, and so on.
Mr. SCHENCK. I do not object to it; I only suggest that there may be that difficulty in the practical application. The gentleman has considered the subject, however, and I do not raise any objection.
Mr. GARFIELD. I move to amend the section by adding at the end as follows: And the SecyWar is hereby authorized to appoint from the enlistedmen of the to e enlisted.as many hospital stewardsas the service may require. to be permanentlyattachedto the medical dept under such regulations as the SecyWar may prescribe. I will say, in regard to the amendment, that this act repeals the law of 1862, a little clause of which want saved. That clause I have taken out, and repose to add it at the end of this section. t may prove a valuable provision.
The Clerk read as follows: 850. 22.Abife: That the pay dept of the Army shall hereafter consist of one payMGen, with the rank. pay and emoluments of a brigadier general; 2 asst payMGens. With the rank, pay, and emolumentsof colonels: 2 asst payMGens with the rank pay and emoluments of lieutenant coloncls and 40 PB)’I !UISI.6wI‘Bit.h the rank. pay and emol uments of mine rs; and the original vacanciesin the grade of major shall be filled b selectionfromthose persppswho have servedfaith ully as paymasters or additional paymasters in the Arm of the U.S. in the late war. And herea or no graduate of the U.S. military Academy.being at the time in the Army of the U.S., or havin been atany time for 3 yearsnext recedin.sha be eligible to a pomtment as an 0 car in t o pay dept. at this provision shall not exten to graduates of WestPoint now in the pay dept.
Mr. SPALDING. I move to amend in line 4 by striking out the words “asst” and “generals” and adding to the word “ aymas ter" the letter “s, ” so that it will rea, “ 2 paymasters, with the rank, pay, and emolu,ments of colonel." It will then correspond with the section organizing the quartermaster’s dept. It is for the sake of the symmetry of the bill.
Mr. SCHENCK. The gentleman will observe that there are also “two asst payMGens, with the rank, pay, and emol uments of lieutenant colonels;” and I suggest that he make his amendment apply to those, so that the 2nd set of asst paymasters shall be called paymasters only, instead of payMGens. & l Mr. SPALDING.tion.
Mr. SCHENCK. I will suggest that if the amendment of my colleague is adopted it will involve the necessity of a similar clause to come in.at the end of the section, as is found in section 19 in regard to vacating commissions.
Mr. SCHENCK. I move to add at the end of the section a clause similar to that contained in'section 19 in regard to vacating commissions.
The Clerk read as follows: SEC. Abife: That the corps of Engineers shall consistof one chief engineer.with the rank. pay and emolumentsof a brigudier general.six coloncls. 16 lieutenant colonels. 22 mine rs, 30 catains, and 20 1st iind ten 2nd lieutenants 0 shall havu the pay andemol uments now provided by law for officorsof the Engi I accept the modifica Army or cause neercorpsof theseseveralgradesrespectively. But after the 1st appointments made under the provisions of this section as vacancies may occur in the several grades of lieutenant colonel. m 'or and ca tain. no appointmentsto fill the same s a] be made until the number of lieutenant colonels shall be reduced to 15.the number of mine rsto 20 and the number of captains to 15 and the number of 2nd lieutenants to 15 and thereafterthe number of officersin eachofsaid severalgrades shall continue to conformto such reduced number.
Mr. SCHENCK. There is an error in line ten; the word “and” should be stricken out and after the word “ captain” the words “and 2nd lieutenants” should be inserted.
Skip Skip The amendment was agreed to. RECONSTRUCTION.
Mr. ROGERS. I rise to a privileged question. I submit a minority report from the JtComReconstruction, and move that the same number of copies be printed as of the majority report. The report was laid on the table, and the question of printing was referred to the ComPrintg under the law. ENROLLED BILLS ANDJtResolutionS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound trul enrolled bills and JtResolutions of the folfowing titles: An act (S.No.127) for the relief‘of Jon athan W. Gordon, late major in the 11th regiment ofinfantry; An set (S.No.230) to reimburse the State of WestVirginia for moneys expended for the U.S. in enrolling, equipping, and pay in military forces to aid in suppressing the rebellion; An act (S.No.278) for the relief of Captain John H. Crowell, asst quartennaster in the U.S. Army; AJtResolution (S.R.No. 71) referrin the petition and papers in the case of Joseph ock to the Court of Claims; A resolution (S.R.No. 85) explanatory of and in addition to the act of May 5, 1854, entitled “An act granting lands to aid in the coici‘struction ofcertain railroads in Wisconsin;” an Anact(S.No.174)to establish ahydrographic office in the Navy Dept. CONTESTED ELECTION.
Mr. DAWES. from the ComElections, submitted additional testimon in the contested election case of Koontz vs. offroth; which was laid on the table and ordered to be printed. d ARMY BILIr ACAIN.
The Clerk read as follows: SEC. Abife: That the 5 companies of engineer soldiers and the sergeant major and quartermaster sergeant heretofore prescribed by law shall constitute a battalion of on i noers.to be officerod by officersof suitable rank dictailed from the corpsof Engineers; and the officers of engineers acting respectively as adjntant and uartermaster of this battalion shall be entitled to the pay and emolumentsof adjutants and quartermasters. No amendment bein offered,
The Clerk read as follows: SEC.25.Abife: That theordnance dept of the Army shall consist of the same number of officersand enlisted menasisnow nutbor ilod by law and the officers shall be of the following grades. namely: one brigadier generalX 3 coloncls. 6 lieutenant cploncls. 12 majors. 20 captains. 12 1st lieutenants.ten 2ndlieutenants.all of whomshe.“havethesamepay and cine luments ns now providedbylaw; and 13 ordnance smtoaryea klseoepers.of whoma number not exceeding 6 0 appointedand authorizedtoact as paymasters at armoriesandarsenals.The ordnance store Springfield. paymaster at the national armory at Massachiisetts shall have the rank. pay and emoluments of other aymnsters of the Army and all other ordnancestore cencrs shallhavetherank, paapyp.o and tme emoluments of csptains. But after the 1st madeunder the provisionsof this section. as vacancies may occur. reducing the number of officersin the several gradesof this dept belowtherank of brigadier general, no appointments to fill the same shall be made until the number of colonels shall be reduced to one.the number of licu tenanteoloncls to 3.thenumber of majorsto 5 the number of captains to ten and the number 0 1st lieutenantsto ten: and thereafter the number of officers in eachof said several grades shall continue to conform to such reducednumbers.
Mr. PAINE. I move to amend by adding at the end of the section the following: 2/3rds of all the military store keepers and.d nance storejkeepers shall be personsw io hugeper formed meritorious service asoliicers or soldiers in the Army of the U.S.during the late rebel on.
Mr. SCHENCK. I wish to call the attention of the House to the fact that there are 13 ordnance store keepers provided for in this bill, which is precise] the number now in office and employed at the differeu t points where ordnance stores are necessarily ke t. 6 of these 13 store keepers serve aliio as aymasters, and they too are provided for in the section; so that there is no increase of the number. And the same is true in regard to military store keepers in the quartermaster's dept. The amendment propmes that 2/3rds of all these officers shall be appointed from among those who served as vol unteers. Now, I think every gentleman will acquit me of an desire to take away or abridge the claims of vo unteers in these appointments; but I wish to apprise the House of, the fact that this proposition is virtually voting out of office 2 t ir s of all the military and ordnance store keepers who are now holding these places in order to make room for volunteers to be appointed iu their places; and it might so hap pen that it would dispense with some that the gentlemen themselves would prefer to retain. I am willing that the sense of the House should be taken upon this, but I desire the House to understand the question. I would suggest. however, to the gentlemQ from Wisconsin Mr. Puss] that is amendment does not peraps clearly express what he intends. It should read “the military store kecers provided for in the 17th section of this set, ” &c. There is much more reason why volunteers should be made military store keepers in the uartermaster’s dept than that they should be made ordnance store keepers.
Mr. DUMONT. I think this should apply to ordnance keepers also.
Mr. PAINE. I will modify myamendment so that it will read as follows: 2/3rds of all the military store keepersand ordnance keepers provided for by the 17th section of this act and byi HI SOOHOshHall be persons who have performedmeritorious servicesas officers or soldiers in the armiesof the U.S.during the late rebellion.
Mr. DAVIS. I move to amend the amendment by striking out the last word. I trust the amendment of the Gentfrom Wisconsin [ML PAINE] will not prevail. We have now serving in these depts men who have served there for cars, who are acuainted with the details and therequireinentsot the service. This amendment proposes to substitute in place of 2/3rds of those officers men who have had no connection with that kind of service, even during the late war. By this amendment, if ado ted, any person whohas been an officer or soldier in any branch of the service during the late war will be entitled to promotion now. I think such a provision would operate unfairly and unjustly both upon the officers now in service and upon the service. I do not know upon what principles such an amendment can be sustained. believe those who have become acquainted with the necessities of the service by an experience of 3 or 5 or ten years are better fitted for the discharge of those duties than those who have not been in the service so lon.I think a general who has been in service or 5 or ten years is a eat deal better general, if he has any materia at all in him, than though he had been in service but one or 2 years. And I would apply that principle to all branches of the service, for experience is of the greatest value in business of every character.
Mr. FARQUHAR. Mr. Speaker, I move to amend the amendment of the Gentfrom Wisconsin by insertin the wor “volunteer” before the words “0 'cers or soldiers." Sir, I do not see the force of the argument of the Gentfrom NewYork, [Mr. DAVIs] for it is based upon the supposition that among those who have served in the volunteer army of the U.S. there cannot be found nfiritorious or well qualified men to fill these positions.
Mr. DAVIS. The Gentfrom Indiana Mn FARQUHAR] misunderstands my position. oppose this proposition on the ground of its injustice toward those who are now holding these offices, and who will be removed under the operation of this amendment.
Mr. FARQUHAR. I stand corrected. The gentleman objects to the adoption of this amendment because it will remove from position meritorious officers, but officers who have not served in the Army during the war for the suppression of the rebellion. Lfavor the prop position because it proposes to ask these gentlemen holding these places to step aside and give place to men who have given their time and their services in the suppression of the rebellion. I hold that of all these positions there is not one now held by a gentleman in civil life that cannot be as well filled by a man who has lost an arm or a leg in defense of the country. Now, sir, this amendment proposes only to displace 2/3rds of the men now holding these positions. It preposes to leave in office 1/3rd of the present appointees, because it is presumed that some of these arsenals, such as that at Springfield and others that might be named, require the services of exerienced officers who have been in the emp 0y of the Government in this capacity for years. such positions do not number more than 1/3rd of the who The remaining 2/3rds are to be filled, according to the amendment, by the gallant soldiers who have fought for the republic. I am in favor of filling all these important places with meritorious and qualified soldiers. I have had the pleasure myselfz within the last few days, of declining a renomination as a candidate for Congress. I have stepped aside to give place to a gallant and worthy officer who has served his country with honor. Mr. Speaker, I trust that the House will ado t this reposition. It
Mr. DA IS. I rise, sir, to oppose the aImendment to the amendment. Mr. Speaker, believe that the pending proosition is characterized by great injustice. ho are these men who have served in these depts? When did they of there? Sir, they have held these positions in years. They have made the duties of those positions the business of their lives; and considering the age at which many of them have now arrived, I submit that a eu erous or a just Government will not turn them adrift upon the world without employment, and in some cases probably without means of support. I hope that no proposition involving such injustice will receive the approval of this House.
Mr. Fsaouima’s amendment to The amendment was agreed to. The question recurring on the amendment of Mr. use, as amended, Mr. DAVIS called for a vote by division, and there were ayes 26.,
Mr. DAVIS. The Gentfrom Ohio [Mr. Soussex] consents that this amendment shall be reserved to be voted on tomorrow; and with that understanding I withdraw the call for a division.
The Speaker. If there be no objection this amendment will be reserved to be voted on hereafter. There was no objection.
The Clerk read as follows: Size.26.tAncl Abife:, That there shall be one chief signal officer of the Army who shall have the rank, pay, and emolumentsof a colonel. And the SecyWar shall have power to detail from the Army 6 ofl icersa.nd not to exceed 100 non-commissionedofficersand privates to be taken from the battalion of engineers for the performangoof signal duty: Provided, That no officor or enlisted man shall a detailed to seryoin the Signal corps until he shall have beenexaminedand approvedby a military;board to be convenedby the SecyWar for that purpose: andenlistedmen, while so detailed, shall, when deemednecessary, be mountedupon horsesprovided by the Government. No amendment being offered,
The Clerk read as follows: SEC.27.Abife:, That in all the staff corps promotions may hereafterbe madewithout rogard to seniority in the date of appointments or commissions and the same rule of promotion by merit nlonoshall applyto allofficers of the line above the gradeofciiptain.
Mr. WILSON, ofIowa. I move to amend by adding at the end of the section just read the following: Provided, That in applying the rule of promotion, no distinction shall be made between officers of regiments iteeommepno.sbeudot ftheeolporroemdmoteion nasnsdhtahlloshee cboymipnotesred change equally open to all said officers.
Mr. LeBlOND. I should be glad to have the House adjourn now as this will give rise to debate and we shall not be able to dispose of it this afternoon.
Mr. WILSON, of Iowa. I will detain the House buta moment. My object in oifering the amendment is to make the Army a unit by providin for an interchange of promotion of officers from colored regiments to white regiments and from white regiments to colored regiments. It is to prevent the growing u of different castes in the Army of the U.S., so that all officers may have an opportunity in this interchange of promotion of be longing to white regiments or to colored regiments. I think it would be unfortunate if we should have an army composed in part ofwhite troops and in part of colored troops, with a prohibition of all interchange of promotion on the part of the olhcers from one to the other. I have no doubt it was the intention of the committee that such interchange should take place, and I presume such is the fair construction, but I am not willing to leave the subject to the construction of those who shall have the control of the execution of this bill when it becomes a law. I desire to provide distinctly that the Army shall be a unit, and that officers may be promoted from colored troops to white troops and from white troops to colored troops. I wish to break down all feeling of caste and class which will continue in the Army and grow stronger day by day and year by year unless this be done. It seems to me officers, whether they command white troops or black troops, being white officers, should be upon an equal footing.
Mr. LeBlOND moved that the House do now adjourn. CONSTITUTIONAL AMENDMENT.
The SPEAKER, by unanimous consent, laid before the House a letter from the Clerk of the House in reference to the constitutional amendment; which was laid upon the table and ordered to be printed. SALE OF GOLD.
The Speaker, by unanimous consent, also laid before the House a communication from the SecyTreasury in reply to a resolution of the House in regard to old sold since February 1, 1866, by whom sol, doc.
Mr. WILSON, of Iowa. I offer the following resolution: Resolved, That the comnication of the SecyTreasury. Just a nounced to the House. be referred to the ComBanking and Our rency.with instructions to inquire fully into all the factsand statementsthereincontained; and that the committee also in mm whether any gold has been purchasedfor the reasnry since the 1st do of Jan uary. 1865, the amount of such purchase. ywhoui and f whom made.the amount of premium paid. the c mpensation allowed the personacting for the Government: also that the committee report the datesand amountsof the severalsalesof gold made since the Ist day of January. 1866, the namesof the purchasers, the amounts purchased by each. the time of purchase, and all the circumstancesattending such purchasersand amount paid the agentof the Treasury; that the committee have powerto send for personsand papers and shall report the results of the inquiry licrpby directed to the House with such recommendationsas may be deemedproper for the interestsof the Government.
The Speaker stated, as the communication romised to give rise to debate, he would with raw it for the present. The motion of Mr. Ls BLOND was then a to; and thereupon (at 4 o’clock an minutes p. m.) the House adjourned. eed 5
Skip Skip PETITIONS, ETE. The following petitions, km, werepresentedunder the rule and referredto the appropriatecommittees: By Mr. CONKLINQ: The petition of William Ba kpeart.enoft.Luca. NewYork. asking the extension of a By Mr. HULBURD: The petition of sundry citizensof Pennsylvania, asking an increaseof duty on flax. A'c. By Mr. SMITH: The petition of Halo & Rust, of Covington, Kentucky, asking suspension of time in whBiych to tax on manufactured tobacco. Mr. IMBLE: the petitions of R. W. Thorn brnugh H. E. Bailc. William Burgess.H. 1".Riley, Jabez difford. S. S. rown, and Josiah Graves. praying to be aid their bounty and wagesassoldiersof the U.S.
@@@IN SENATE SENATE. Wsoxssmr, June 20, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. TRUMBULL, and by unaniine us consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. HARRIS presented 4 petitions of citizens of, NewYork, praying for the repeal or modification of the law imposing a tax of 10%. on the circulation of State banks. after the 1st ofJuly next; which were ordered to lie on the table. He also presented a memorial of C. P. will liams, of lbany, NewYork, remonstrating against the repeal or modification of the law ini osing a tax of 10%. on the circulation of State banks after the 1st ofJuly next; which was ordered to lie on the table. Mr. KIRKWOOD presented the petition of J. W. Turner, a captain in the Veteran reserve corps, prayin for remuneration for expenses incurred by im for traveling and subsistence from Young’s Point, Louisiana, to his home in Iowa; which was referred to the ComMilAffrs . Mr. MORRILL. I present 5 petitions from many persons resident in the DistCol setting forth that they believe it is prejudicial to the interests of the U.S. as well as to the people of the DistCol, to continue longer the municipalities of Washington and Georgetown, and have distinct and often conflicting laws to govern them, and thattaizes are fargreater, with less improvements, than would be the case if the charters were abolished, and therefore they, tax payers of said cities, who pay the amounts set opposite their respective names, do ask that both the charters of Washington and George town be abolished and that the Congress of the U.S. become the onlylawmaking power within this District, and that a law be at once passed placing them in that position. That subject has been acted upon by the committee, and I move that these petitions lie on the table. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. TRUMBULL. The ComJudiciarya, to whom were referred sundry petitions an memorials prayin for various amendments to the Constitution of the U.S., have instructed me to report them back and ask to be discharged from their further consideration, as they relate to amendments which have already been noted on by the 2 Houses. The report was agreed to.
Mr. TRUMBULL. I am instructed by the Committee onJhe Judiciary to report back to the SenateaJtResolution (S.R.No. 1) proposin an amendment to the Constitution of the HU.S.; a JtResolution (S.R.No. 6) submitting to the Legislatures of the several States a proposition to amend the constitution of the U.S.; a JtResolution (S.R.No. 8) proposin an amendment to the Constitution of thoU.S.; a JtResolution (S.R.No. 9) prousing an amendment to the Constitution of teU.S., for the protection of the national debt, and the rejection of any rebel debt; a JtResolution (S.R.No. 10) prousing an amendment to the Constitution of the U.S.; and also House JtResolution No. 9 to amend the Constitution of the U.S., with a recommendation that these several JtResolutions be indefinitely postponed; and for the purpose of removing them from the Calendar, Task that they be acted upon at the present time, stating that all of these JtResolutions to amend the Constitution relate to amend meats which have already been adopted by the 2 Houses. There is, therefore, no occasion for their appearing on the Calendar, and I ask that the report be considered at this time with the view of indefinitely postponing them. The JtResolutions were indefinitely post poned.
Mr. TRUMBULL. The same committee, to whom was referred the JtResolution (S.R.No. 73) for the relief of loyal citizens of the counties of Berkeley and Jefferson, in the State of WestVirginia, have instructed me to report it back with a recommendation that it be indef initely postponed. A bill which came from the HoRep has already passed both Houses upon this subject, rendering this resolution unnecessary. I ask that the report be acted upon at once.
Mr. TRUMBULL.‘ It is a JtResolution introduced by the Senator’s colleague in reference to, claims arising in the counties of Berke ley and Jefferson. A bill coverin the same provision came from the HoRep the other day and was concurred in by the Senate, so that the subject is already disposed of, and it is unnecessary to consider this resolution.
Mr. VANWINKLE. I understand it now. I did not catch what the Senator said in the 1st place. The jomt resolution was postponed indefinitely.
Mr. TRUMBULL. I am also instructed by the same committee to report back the bill (S.No.232) to provide appropriate legislation to enforce article 13 of the amendments to the Constitution abolishing slavery in the U.S., with a recommendation that it be indefinitely postponed, the subject having already been acted upon by the Senate. The bill was postponed indefinitely.
Mr. TRUMB LL, from the ComPubBldg and Grounds, to whom was referred a concurrent resolution of the 2 Houses directing the standing Committees of both Houses on Public Buildings and Grounds to inquire and report what further provisions, if any, should be made for the accommodation of the State dept, reported a JtResolution (S.R.o. 110) to authorize the hiring of 3, building or buildings for the temporary accommodation of the Dept of State; which was read and passed to a 2nd reading.
Mr. POLAND, froin the ComPatents and the Patent Office, to whom was referred a petition of citizens of Albemarle county, Virginia, praying for the passage of an act exempting Dr. Charles Brown from the limitation of the patent laws, and that he may receive a patent for his invention, submitted an adverse report thereon; which was ordered to be printed.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred a bill (H.R.No. 495) for the relief of Mary A. Patrick, reported it without amendment. He also, from the same committee, to whom was referred the petition of Mrs. Annie E. Dixon, widow of Major Henry T. Dixon, late a paymaster in the U.S. Army, praying or a pension, asked to be discharged from its further consideration and that itbe referred to the ComMilAffrs ; which was agreed to. He also, from the same committee, to whom was referred a bill (H.R.No. 684) granting a pension to Mrs. Mary A. McManus, widow of Captain Andrew McManus, late of the 60 ninth Pennsylvania volunteer infantry, reported it without amendment.
Mr. GRIMES, from the ComNavAffrs, I did not understand to whom was referred a bill (H.R.No. 452) to authorize the SecyNavy to accept League Island, in the Dela ware river, for naval purposes, and to dispense with and dispose of the site of the existing yard at Philadelphia, reported itwithout amendment.
Mr. VANWINKLE, from the ComPensions, to whom was referred the petition of Drusei' A. Layman, praying for a pension, submitte a report accompanied by a bill (S.No.376) granting a pension to Druscy A. Lay man. The bill wrxs1 read and passed to a 2nd reading, and the report was ordered to be printed. a EMIL COHEN.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the bill (H.R.No. 661) changing the name of Emil Cohen. have instructed me to report it back with a recommendation that it pass. I suppose there will be no objection to acting upon it at this time and disposing of it. It is merely changing a person’s name to correspond with the family name. B unanimous consent the bill was considere as in ComWhole. Itauthorizes Emil Cohen, of the city of Washington, in the DistCol, to take an use the surname of Cornely, and that his name hereafter be Cornely; and all acts done and entered into by that name are to have the same effect and operation in law as ifhis name had originally been Emil Cornely, of Washington, in the DistCol. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. WIDOW OF GENERAL BERRY.
Mr. LANE, of Indiana. I am instructed by the ComPensions, to whom was referred the bill (S.No.376) to amend an act granting a pension to the widow of the late Major General Hiram G. Berry, to report it back without amendment, and with a recommendation that it pass. A pension bill was passed for her benefit some 2 years ago by a wrong name, a wrong name having been iven in the petition. This is simply to amend the given name. She has lain out of the pension now for more than a year, and the committee ask me to request the Senate to consider the bill now. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the bill: In the act granting a pension to the widow of the late Major General Hiram G. Berry, approved March 3, 1865, she was erroneous] called “ Eliza Berry, ” and the bill therefore irccts the SecyInterior to place the name of Elmira M. Berry, widow of Kiajor General Hiram G. Berry, on the pen sion rolls, instead of Eliza Berry, as provided for in that act. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. AMERICAN srffra PAPERS.
Mr. HOWE. The JtcomLibrary having had under consideration the JtResolution (H.R.No. 148) to authorize the distribution of surplus copies of the Amer ican State Papers in the custody of the SecyInterior, have directed me to report it back with a recommendation that it ass. I suppose there will be no objection to its consi oration at this time. By unanimous consent, the JtResolution was considered as in ComWhole. It is a direction to the SecyI nte rior to distribute by mail or otherwise 400 copies of the American State Papers, 2nd series, in 17 volumes, in the following manner: to each member of the Senate and HoRep of the present Congress, one copy of each volume; and to such public and cello e libraries as may be designated by the JtcomLibrary, one copy each. The JtResolution was re rted to the Senate, ordered to a 3rd reaing, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. CRAGIN asked, and by unanimous consent obtained, leave to introduce the following bills; which were severally read twice by their titles, and referred to the ComDistCol: 'A bill (S.No.877) to amend an act entitled “An act to enable guardians and committees of lunatics, appointed in the several States, to act within the DistCol, " approved March 8, 1864; and A bill S.No. 378) to provide for the adoption of c ildren and change of names in the DistCol.
Mr. HOWE asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 111) for the relief of Ser geant Milton McKinnon; which was read twice by its title and referred to the ComClaims.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.379) to amend the several acts to indem nify the States for expenses incurred by them in defense of the U.S.; which was read twice by its title and referred to the ComFinance.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.380) to incorporate the Washington County Horse Railroad Company in the District of Conmbia; which was read twice by its title and referred to the ComDistCol. EXPENDITURES FOR PUBLIC WORKS.
Mr. MORRILL submitted the followuig resolution; which was considered by unanimous consent and agreed to: Whereas a statementof the expenditures of the U.S. for the various public works of the Government.in eachState and territory of the union from1789to 1860was made in reply to a resolution of the HoRepby the SecyTreasury under date of July 12.1861, (Executive Document 0. 9. 37th Congress, 1st ses sioHne:)noTlhnecrde, fore, That the President be requestedto further inform the Senateof the amount expendedfor the same purposes in.cachState and Territor of the Union and in the DistCol to t eclose of the year 1860. RAILRDADS IN KANSAS.
Mr. HARRIS. I wish to change the phrase ology in order to improve the language of the 1st section. In line 4 I more to strike out the word fsaid” and insert the word “the;” and in line 6 to strike out the word “said” and insert the word “the.”
The PRESIDENT ro tampon. That correction being a verba correction will be made if there be no objection.
Mr. HARRIS. In line 6, utter the word “State” I wfsh to insert the words “of Kan
The PRESIDENT protempore. That alteration will also be made in order to make the bill more exlicit.
Mr. HAR IS. In line 8 I desire to strike out the words “said railroad company have constructed.”
The PRESIDENT otempore. That alteration will also be mager.
Mr. HARRIS. In line ten, alter the word “same” I desire to insert the words “has been constructed.”
The PRESIDENT protempore. Those words will be inserted if there be no objection.
Mr. GRIMES. Does that enlarge the grant?
Mr. HARRIS. No; it diminishes it. It gives these 3 sections of land, instead of ten, that the had under the old grant.
Mr. MORRILL. I should like to hear the Senfrom NewYork state what the bill is. What sort of a railway is this to be?
Mr. HARRIS. A bill was passed in 1863 authorizing the construction 2 or 3 roads, and among others one from Topeka to Santa Fe, and granting ten sections of land the usual grant of lands. This company now desires to construct a part of the road or the purpose of o erating a traction engine.
Mr. HARRIS. An engine to run without rails; and this bill provides that if they do that they may have 3 sections of land instead of ten. They make the roadway, and do every thing but lay the rails, and then run the engine. It is over a level country, I understand, and they are desirous to try this experiment. If tgey can succeed in it it will be a very great ting.
Mr. MORRILL. I should like to ask the Senator whether that is not an experiment entirely.
Mr. HARRIS. The cannot get the land unless they succeed. the bill provides that they are obliged to make the roadway and to put upon it this engine that will carry 50 tons, and if the succeed in that they get 3 sections of Ian, 3 of the ten sections that thely are now already allowed if they lay down ‘rai s.
Mr. MORRILL. The grant depends upon the success of the experiment?
Mr. POMEROY. This is only what we have given to other places for wn on roads. I have my doubts about the experiment, but Iwant to try it. If they succeed, it will be a great thing; if they do not, there will not be anything lost.
Mr. WADE. I desire to inquire whether this road runs through the Indian Territory.
Mr. HARRIS. believe not, then h the chairman of the ComPublicLands can tell that better than I.
Mr. WADE. I can hardly see how it can run anywhere else.
Mr. POMEROY. It runs through country not settled by anybody.
Mr. POMEROY. No, sir; I do not know that there is any reservation there. It runs on the regular Santa Fe road, which has been in oporation for 50 years.
Mr. HARRIS. Whether it does or not, a grant is already made of the ten sections to the road, and now we desire to reduce that from ten to 3. We do not grant anything additional; on the contrary, we reduce it.
Mr. WADE. We cannot grant that Indian land, I suppose.
Mr. POMEROY. The Senfrom NewYork is mistaken in one thin. The bill grants 3 sections on each side of the road, making 6 sections instead of ten, as under the ol grant. The bill was reported to the Senate, as amended, and the amendments were concurred in. The bill was ordered to be engrossed for a 3rd reading, was read the thir time, and passed. FINAL ADJOURNMENT.
Mr. HENDRICKS. I move to take up the resolution of the HoRep fixing a time for the adjournment of the present session of Congress. In presentin the motion I desire to say that I understan that the chairman of the ComFinance is preared to take up the tax bill today, or within a very short time. That bill has been reported to the Senate and printed. That was the important measure which it was generally understood oughtto be before the Senate for consideration before we should fix a time for adjournment. Of course we know about the number of days that the consideration of that bill will require.
Mr. FESSENDEN. I shall be very much obliged to the Senator if he can fix the exact number of days.
Mr. HENDRICKS. I saw in a leadin paper this mornin or yesterday that it would probably require a out 4 days. I have the judgment of an important paper of the country to that effect. I presume that bill would require a week. It is a good deal of a book. oes the Senator think it will require more time than a week? He does not think it will require more time than a week.
Mr. HENDRICKS. It is very certain, I think, that the Senate cannot consider all the measures that are before it prior to an adjournment. We shall have to elect in regard to the bills that we shall finally consider and pass. If we now fix the time of the adjournment, the Senate will then give its attention to these measures of greater importancc, passing by, for this session, those which do not sse cially require the consideration of the bo y. I think all Senators desire that we shall adj ourn now as soon as possible. It is the interest of the country, I think, that we shall adjourn; it is certainly to our comfort that we shall not stay here much longer. I think that an early do in July can be fixed for the adjournment. lymove, therefore, that the res olution be taken u.
Mr. FESSENDEN. I hope it will not be taken up and considered this mornin. In the 1st place, there is not time to cousi er it now between this period and the hour at which I desire to take up the tax bill
The PRESIDENT prolemporc. The Chair will state that the resolution named by the Senfrom Indiana has been referred, by order of the Senate, to the ComFinance, and has not yet been reported. The resolution not being before the Senate, the Chair is of opinion that the motion of the Senfrom Indiana cannot be entertained.
Mr. HENDRICKS. Then I modify my motion so that it shall be a motion to discharge the ComFinance from the further consideration of the resolution, with a view to its present consideration by the Senate.
The PR SIDENT protempore. It is moved that the ComFinance be dischargedfrom the further consideration of the resolution named by the Senfrom Indiana. The question is on that motion.
Mr. HENDRICKS. On that I desire to say just one word. It is not a complicated measureor question which requires the judgment of a committee before the Senate can be able to act upon it. It is a single proposition, which we can all comprehen without any elaboration from a committee.
Mr. HENDERSON. I move that the Senate postpone the present motion now ending and all other orders of business, witht e view of taking up Senate bill No. 285. We have had that bill up repeatedly, and I think we can dispose of it in a few moments.
Mr. HENDRICKS. I submit that it is not in order to postpone one motion to take up another motion. I submitted a motion to take up a particular proposition. That measure is not et before the Senate. Now the Senfrom issouri moves to postpone my motion. It is not like postponing a measure that is before the body.
The PRESIDENT ro tempore. The Chair thinks the motion 0ft e Senfrom Indiana must be disposed of before a motion to take up another measure can be entertained.
Mr. HENDERSON. I desire to offer an amendment to the amendment of the commit tee. There are some objectionsto itas it stands; and to avoid those objectiousl offer an amendment, which I send to the desk.
The Secretary read the amendment to the amendment, which was in line 39 of the committee’s amendment, after the word “way” to insert “through private property;” so as to make the clause read: That the right of way through private property. when not otherwrsograntedin this act. the
Mr. HENDRICKS. I cannot understand the amendment to the amendment by that reading i of it.
Mr. HENDERSON. I suggest that the Clerk read the several amendments in that connection, and the Senator will see what is aimed at.
The SECRETARY. It is moved after the word “way” in the 30 '9th line to insert the words “through private property;” in the same line to strike out the wor " anted " nndinsert the words “provided for; and in the same line to strike out the word “bill” and insert the words “not, or by the laws of any State through which the road may pass;” so that the proviso will read: pr4ivnadtperporvoidpeedrtfyu.rther. That thoright ofwaythrough whonnot otherwisoprovided for in this act or by the laws of any State through which the road may pass and not providedfor by law, shall be obtained by said Kansasand NcoshoValley Railroad Company or either of the other companies namedin this act. ke.
Mr. HENDRICKS. I do not very well understand the force of this proposed amendment.
Mr. POMEROY. If the Senator will allow me, the Senfrom Missouri is not aware of the amendment to that clause which has been made heretofore on my motion. The word “bill, ” in the 39th line, has already been stricken out and the words “act and not provided for by law" inserted. He has merely repeated the amendment which I offered some time ago to the bill, and which was adopted.
Mr. HENDRICKS. I think instead of amending this 11th section, which provides for running this road or some other road down to the Indian country, that the Senate had better disagree to the 11th section entirely, and not undertake to run a road through the ndian country at all. Then it will stand as a naked bill proposing to run a road from Kansas City, on the Missouri river, to the southern boundary of the State of Kansas; and then when the Indian country is opened from that point. to the Texas line, at some future time, Congress can legislate fully on the subject. It is known to the Senate that there is a portion of this country through which congress has no power now to authorize the run ning of a rai road; and certainly it will be better not to undertake to legislate now, but to provide for a road, if it is the pleasure of Congress to run a road within a distance of a few miles from a road already provided for in Kansas, to the southern boundary of the State. Iwas going to move to strike out the entire amended section.
Mr. HENDRICKS. I shall make the motion at the proper time.
Mr. HENDRICKS. What is the amendment yon propose to the 11th section?
Mr. HEN person. It is to obviate the objection made by the Senfrom Maine [Mr. MoamrmLthe other day, which was a very sound objection, that we provided in this bill to obtain the right of way, not according to the laws of the U.S., but according to the laws of Congress. I propose to make it read, “ that the right of way through irivate property, when not otherwise provide for in this act or by the lawsvof any State through which the road may pass, shall be obtained, ” d“). That will obviate the objection which was very properly urged by the Senfrom Maine.
Mr. HENDRICKS. The amendment which the Senator proposes to the 8th section will not be in accordance with the spirit of the 11th section, because it will be giving the right of wag to one particular company, when the 11 t section proposes to make a contest between 3 companies for the right of way through the Indian country and the right to build a railroad through the Indian country. This bill PfOlJOSeSthat these 3 roads shall meet at the southern boundary of Kansas, and then it shall be a race of speed for the right to construct the trunk road from that point through the Indian country to the northern boundary of Texas. The amendment which the Senator proposes would give the right to one of these companies to the exclusion of the others, and to the exclusion of the right already given to another company.
Mr. POMEROY. All the rights in that country under the bill are to inure to the com‘ pany that builds the road; so that the Senfrom Missouri is entirel right.
Mr. HENDRICKS. The wholebillwillhave to be construed together. I have no objection to the amendment now pending. Ifthat amendment be made, I shall then move to strike out the whole of the 11th section.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Missouri to the amendment of the committee.
Mr. HENDERSON. The section wasamended in one respect when last under consideration, and I will ask the Secretary‘to change my amendment so that so far as the proviso has been amended in accordance with my view it be not touched.
The PRESIDENT protempore. Does the SenutOr withdraw his amendment?
The PRESIDENT protempera. Will the Senator state what vortion?
Mr. HENDERS N. I was not aware that the section had been amended. To get rid of the difficulty, I will move to strike out the words already inserted and insert the words that I have proosed.
The PRESIDENTprotempera. the amendment to the amendment will be read as it now stands.
The Secretary read the amendment to the amendment, which wasiii line 39 after the word “way” to insert “through private p“roperty;” in the same line after the word otherwise” to strike out the words “granted in this act and not provided for by law” and insert “ provided for in this act or by the laws ofany State through which the road may pass;” so that the proviso will read: pr1iv4antdep rporvoipdeerd ty/w.willh", enTnhoat t therightofwuy through otherWisoprovided form this act or by the laws of any Statethrough which the road makIpuss, shall be obtained by said Kansas and oNtchoesrhcooiupaallnoiycs Railroad Company, or either of the namedin this act, in accordance with the provisions. &c. The amendment to The amendment was agreed to.
The PRESIDENT protempore. The question now is on the amendment as amendc.
Mr. HENDRICKS. I move to strike out the entire 11th section, which includes the amendment. The 11th section is a very short one, but the amendment to it is a very leuglthy amendment, covering nearly 2 pages oft 9 bill. It is this 11th section that provides for carrying this railwa down through the Indian country. My amendment brings the Senate just to this question: whether before the right is secured from the Indians we will provide for the running of a railroad through the Indian country that is the exact question that is now presented or whether 'you will leave it, just as it wasleft in the bill 3 years ago, to a competing road to run to the State line; the right to go through the Indian country in the future to deen upon the action of the Government. '1 ic proposition of the Senfrom Missouri, I think, is a departure from the policy of the Government. The policy of the Government has been not to allow any parties to treat with the Indians for rights in their land except the Government itself. Individ equalscannot treat with the Indians; they cannot acquiro:iights from Ithe Indians; but the proposuion the Senator is that a railroad company in the State of Kansas shall be authorized to no tint eor to treat with an Indian tribe, provide the assent of the President be secured thereto. Is it the pleasure of Congress, then, when it is not necessary, to departfrom the policy of the Government in its intercourse with the Indians? I think this whole objection is obviated by striking out all that relates to the Indian count and leaving that to the future control of e Government. I think it would not be the pleasure of the Senate to agree to this change in the policy toward the Indians that is proposed by the Senator if the attention of the Senate could be secured to the subject. My motion is to strike out the entire 11th section.
The PRESIDENT protempera. The Chair is of opinion that the question must 1st be taken on amending the 11th section, in order that the Senate may pass its judgment upon perfectin the 11th section, before the motion to strire out will be in order. The motion to strike out will be in order after the question on the amendment has been acted upon.
Mr. HENDRICKS. After the Senate has inserted those words, can I then move to strike out the whole section ‘I
Mr. FESSENDEN. I move that this bill and all prior orders he postponed with a View to proceed to the consi oration of the tax bill.
Mr. POMEROY. I hope th Senator will allow us to take a vote on this b 1.
Mr. FESSENDEN. I must refuse to give way to anything while the tax bill is pending.
Mr. POMEROY. I hope we shall be allowed to take the vote on this bill. I am afraid we shall never be able to call it up again if we are not permitted to take a vote and dispose of these amendments now.
Mr. FESSENDEN. Icannot yield. The Senator can call it up tomorrow in the morning hour. I have made up my mind to object to everything until the tax bill is disposed of, and my friend is an excellent one to practice it upon, as I know he is very good natured. It
Mr. POMEROY. I am sorry the Senator will not allow us a few minutes more to dispose of this bill. We only wish to take the vote.
Mr. FESSENDEN. I asked the Senfrom Missouri, when he moved to take it up, if he could get through with the bill in ten minutes, and he said he thought he could. I insist on my motion.
Mr. HENDERSON. I ho c this railroad bill will be passed Over. My ricnd from Indiana has already consumed 4 or 5 morning hours upon it. I shall call it up tomorrow morning again.
Mr. HENDRICKS. In rely to the Senator ‘from Missouri. I feel it my my to say that I have spoken upon this bill and expressed just such views as I thought it was my duty to express.
Mr. HENDERSON. I am not complaining of that.
Mr. HENDRICKS. The Senator has been in the habit of calling it up alittle while before the expiration of the morning hour, when there was no very good opportunity to discuss it, when it was very difficult to secure the attention of the Senate; and now I give notice that upon this bill I expect to ask the attention of the Senate upon just such questions as I think it in duty to resent. the pRES DENT protem ore. The question is on the motion of the Senfrom Maine to postpone the present and all prior orders, and t int the Senate proceed to the consideration of House bill No. 513. The motion was agreed to. INTERNAL TAXATION. The Senate, as in ComWhole, proceeded to consider the bill (H.R.No. to reduce internal taxation and to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the pay ic debt, and for other purposes, ” approved June 80, 1864, and acts amendatory thereof.
Mr. FESSENDEN. To save time, I move that the usual course be taken; that the bill be read but once, and the amendments by the ComFinance be acte‘pruoppoonseads they are reached in the reading.
The PRESIDENT protempore. The course suggested Will be taken if there be no objection, and the sense of the Senate will be taken on the amendments proposed by the committee as they are reached in the course of reading the bill.
The Secretary read the 1st section of the bill, as follows:. Be it July. 18en6a6ic, ntelide(, u‘18.T, hat on and after the 1st day of ton, of the duties onmanufactured cot as provided in an act to provide internal rov cone to support the Government.to pay interest on the public debt and for other purposes.it proved June 30.1864.as amendedby the act of More 1 3, 1&S5. thereshall bepaid by the producer owner.orh lder, upon all cotton produced within the U.S and upon which no tax hasbeenlevied, ates. aid or collooted.a tax of 5 cents perpound. us icrcinafter' provid i and the weightof such cotton shall benl ccrtmn by deductingfour%.for tare from the grossweight of ench haloor ackagc; and such tnxslinll be and remain a lien t crcon, in the possession of any person whomsoever.from the time when such cotton is producedas aforesaid until the same shall have been aid; and no drawback shall in any case.be allowc on raw or unmanufactur cotton of any tax paid thereonwhenexportedin the raw or unmanufactured condition. But no tax shall be imposed upon any cotton imported from other countries and on which an import duty shall have beenpaid.
Mr. FESSENDEN. An amendment not proposed by the committee as the bill is printed, But which they think it advisable to make, is to amend that section in the 3rd line by changing the word “July” to “August.” I move that amendment.
Skip Skip The amendment was agreed to. The ComFinance reported several amendments to the 1st section. The 1st amendment was in line 4, to strike out the word “duties” and to insert “ taxes.”
The PRESIDENTprotempore. That alteration will be made, if there be no objection. The next amendment was in line 12, to strike out the word “ 5" and insert “two, ” so as to make the tax on cotton 2 cents perpound.
Skip Skip The amendment was agreed to. The next amendment was in line 17, t“o insert after the word “when” the words this law takes effect, or;” so that the clause will read: From the time when this law takes effect or such cotton is producedas aforesaid until the same shall have been paid.
The PRESIDENTprotemporc. This amendment will be made, it there be no objection.
The Secretary read the 2nd section, as follows: SEC. 2. Abife: That the aforesaid tax upon cotton shall be levied by the assessor onthe producer, owner or holder thereof. And said tax shall be paid to the collectorofintprnal revenucWithin and for the collection district in which said cotton shall have beenproduced and beforethe same shall have been removed therefrom, except whereotherwiseprovidedin this act: andevery collectortowhom on tax upon cotton shall be paid shall mark the baIcsor other packagesuponwhich the tax shall have beenpaid.in such manneras may clearly indicatethe paymentthereof.and shall give to the owneror other person having charge of such cotton:i.permit for the removal of thesame.statingtherein the amount and paymentof the tax. the time and placeo1 payment and the weirghtand marks upon the balesand pack ages.so that the same maybe fully identified; and it shall be the duty of every such collector to keep cloar and sufficientrecordsof all such cotton inspected or marked. andof all marks and identificationsthereof and of all permits for the removal of the some and of all his transactionsrelating thereto and he shall make full returns thereof monthly. to the ComrIntRev. The ComFinance proposed no amendment to this section.
The Secretary read the next section of the bill, as follows: SEC. 3. Abife: That the ComrIntRev is hereby authorizedto designateone or more placesin cach collection district where an assessoror an asst assessor and a collector or deputy collector shall be located and where cotton may be brought for the purpose of being wcighed and appropriately marked: Procided. That it shall be the duty of the assessoror asst assessorand the collector or deputy collector to assessand cause to be pr oerly marked the cotton wherever it in be in sai district. provided their necessarytrave in: expenses to and frouisaid desig plilitedplace, for that purpose.be paid by the owners creo The ComFinance proposed no amendment to this section.
The Secretary read the 4th section of the bill, as follows. haSvgincg. 4. Abife: That all cotton beenweigh I and marked as herein prowded and for which permits shall have beenduly obtained of the assessor.may be removed from the district in which it has been producedto anyoneother district. without prepaymentof the tax due thereon. ii on the execution of such transportation bondsor at or security and in accordanceWith such regulations as shall be prescribed by the ComrIntRev subject to the approval of the SecyTreasury. The said cotton so removed shall be delivered to the collector of internalrevenueor his deputy forthwith upon its arrival at its point of dog tination and shall remainsubjectto his control and ttohdey taxes thereon and any necessarychargesof cus thereof shall ave been paid, but nothing herein contained shall authorize any delay of the ayment of said taxes for morethan 90 ays tom the date'of the permits: and whcn cottons all have been weighed and marked for which a permit shall ihtave been granted without prepaymentof the tax shall be the duty of the assess or granting spehper mit to, give immediate notice of such permit to the collector of internalrevenuefor the district to which said cotton is to. be transported and he shalf also transmit thoromt/li a statement of the taxes due thereon and of the bonds or other securities for the paymentthereof.andhe shall make full returns and statements of thesnme to the ComrIntRev. The ComFinance proposed no amendment to this section.
The PRESIDENT protempore. That alteration will be made. The committee further proposed to amend the section in line 19, after the word “as, ” by inserting “ the ComrIntRev, subject to the approval of.”
Skip Skip The amendment was agreed to. The committee also proposed to amend the section in line 22, after the word “thereon, ” by insertin “or the permit of the assessor as hereiiibe ore provided.”
Mr. FESSENDEN. There is a verbal error there. After the word “or” in the amendment, I move to insert “without.”
The PRESIDENT protempore. That correction will be made. The amendment, as modified, was adopted.
Mr. FESSENDEN. In line 29 of that section, after the word “ respect, ” I move to insert the words “or whO shall convey or attempt to convey from any State in which cotton is produced to any port or place without the U.S., any cotton upon which the tax has not been paid.”
Mr. FESSENDEN. In lines 36 and 37 the words “beyond the limits of the collection district in which it was produced” should be struck out in order to correspond with the amendment which was made above.
The Secretary read the next section of the bill, as follows: Sac. 6. Abife: That upon articles manufactured exclusively from cotton, when ox perted. there shall be allowed. as a drawback an amount equal to the 'lDtBIDfl ltax which shall liaijc been assessedand paid upon such articles in their finished condition and in addition thereto adraw back or allowance of as many centsper pound upon the pound of cotton cloth. yarn or ot or articles manufactured exclusively from cotton and exported as shall have been assessed and paid in the form of an internal tax upon the raw cotton entering into the manufacture of said cloth or other article. the amount ofsnch allowanceor drawbrack to be ascertained in such manner as may be prescribed by the ComrIntRev under the direction of the SecyTreasury; and so much of section 121 of the act of June 30.1861.to provide interim revenue to support the Government.to pay interest on the public ebt and for otheyl purposes as now provides for a (lflillflluk on manufactured cotton, is hereby repea e. The committee proosed to amend this section in line 7, is r the word " am, " by s“triking out “ or other articles” an inserting thread, or knit fabrics.”
Mr. FESSENDEN. In line ten, the word “July” should be “August, ” so as to conform to the other amendment. It will then read, “and the 1st statement so rendered shall be on or before the 10th day of August, 1866.”
Mr. FESSENDEN. In line 21, “Jul?” “ should be “ August, ” so as to read, an every such manufacturer or consumer shall keep a book, in which he shall enter the quantity, in pounds, of cotton which he has on hand on the lst day of August, 1866.”
The PiESlDEnT protempore. Thatnmendment Will be made.
Mr. FESSENDEN. The word “affidavit, ” in line 5mic, should be “ allii'ination.”
The fltESlDENT protempers. That correction will be made.
The Secretary read the 8th section of the bill, as follows: SEC. 8. Abife: That he provisions of the act of uric mulBGl. as‘amendedbyilic act of March 3, 1805.relating to tile assessmentof tales and enforcing the collectiiinpf the same and all proceedingsand remedies relating thereto shall applly to the assessmentand collection of the tax. fines and eniiltic s iniposed by and iiot inconsisteat with. the)fUVlSlOllSof the preceding sectionsof this act: audt at the ComrIntRev, subjectto the approval of the SecyTreasury shall mgke all necessary rules and regulations for ascertainingth oiveight ot all cottonto be assessed and for appropriately marking the some and generallyfor carrying into effect the foregoing provisions. And the SecyTreasury is iui thorized to appoint all necessary inspectors. wcighers and markersofcotton. Whose compensation shall be determined by the ComrIntRev and paid in the samcmanner as inspectors of distilled spirits are paid. The committee proosed to amend this section in line 8, a or the word “and, ” by strikin out “that.”
The RESIDENT protempore. motion will be made. The committee further proposed to amend the section by striking out the words “distilled spirits" in line 18, and inserting “to haceo, ” so as to make the clause read: And the secyTreasury is authorizedto appoint all necessaryinspectors.weighers, andmark ersofcottonmhosscomensntionshall bedetermined by the ComIntRev and paid in thesamemannerasinspectorsof tobaccoare paid.
The Clerk read The 9th section was read by clauses, the 1st clause being as follows: Sac. 9. Abife: That the act entitled “An act to provide gnternal revenue to support the Government to pay interest on the public debt, and for other purposes." approvedJune 30.1864, as amended by the act of March 3. 1865.be, iind the same is here y. amendedas follows. namely: That section 5 be amended by adding thereto the following: and any inspector or revenue agent or anyspecialagent a pointedby the secyTreasur. who shall c cinand or receiveany compensation cc or reward. other than such as are provided by law for or in regardto. the performance of his otficlaldutics, orshallbeguilty of any extortion or willful oppressionin the discharge of such duties, shall upon conviction thercot in any circuit or disttrbjectrecoofu, rt of the U.S. having Jurisdiction besubject to a fine of not exceeding $1,000 or to imprisonment for not exceeding one year or both. at the discretion of the court. an Sllilll be is missedfrom office and shall be forever disqualified from holding anyoflicc under the Governmentof the U.S. And one linlfof the fine so imposed shall be for the use of the U.S., and the otherhalf for the useof the person.to be ascertained by the judgment of the court.who shall timtgive the information whereby any such fine may be imposed. The ComFinance reported no amendment to this clause.
Skip Skip The amendment was agreed to. The committee further proposed to strike out “asst assessor, ” in line 70, after “such, ” and to insert “person.”
Skip Skip The amendment was agreed to. The committee proposed to strike out, in line 72, the words “ his place of residence to, " and after “service, ” in the same line, to insert “ to the place of examination, ” so that the clause will read: The summons authorized by this sectionshall in all casesbe served by an asst assessor of the district wherethe person to whom it is directedmaybe found. by an attested copydelivered to such person ianllohwanindgor left at his last and usual placeof abode. such personat the rate of one day for each twvnly live miles he maybe required to travel. compating from the place of service to the place of. examination.
Mr. FESSENDEN. The word “fact, ” in line 74, should be in the plural, “facts.”
The PRESIDING OFFICER, (MI‘.POMEROY in the chair.) Thateorrection will be made. The committee proposed further to amend the clause, in line 80, after the word “ as sessor, " to strike out “ upon affidavit proving the facts.” and in line 83, after the word “resides, H to strike out “ and such judge or commissioner is hereby authorized and empowered to perform the duties herein required 5" so that the clause would then read: In case any person so summoned shall neglector refuse to obeysuch summons or to give testimony or to answr interrogatories as required. it shall be lawful for the assessorto applyto the judireof the district emitter to a commissioner of t it; circuit court of the LU.S.s for the district within which tahgoa inpsetrsonso summoned resides.for an attachment such personasfor a contempt.
Skip Skip The amendment was agreed to. The committee proosed to strike out the words “duty or” be ore “tax, ” in line 106.
The PRESIDING OFFICER. That amendment will be considered as agreed to. The committee proposed to strike out the words “dut or” before “tax, ” in lines 100 an ten and 111.
Mr. FESSENDEN. The same words, “duty or, ” should be struck out in line 107. before “tax.”
The PRESIDING OFFICER. That amendment will be made. The committee proposed to strike out “duty or” before “ tax, ” in line 113, and also in line 118.
The PRESIDING OFFICER. That amendment. will be considered as agreed to.
Mr. FESSENDEN. The same words should be stricken out in line 119.
The PRESIDING OFFICER. That. will be done. The next amendment proposed by the committee was after the wor “ purposes, ” in line 122 to strike out to the end of the clause, the words stricken out being: And in addition to other provisions of law. whomever fraud has beenor shal be alleged as to any list or return and the party charged with fraud shall make denial of the same in writing and shall demand a hearing thereon and shall tender to the as sessor of the properdistrict a bond with two or more lureties payable to the U.S. in asum not lessthan double the amount of the tax assessedbe causeof such alleged fraud. And conditioned thateuch personwill abide by the ordersandjudgmentsof the cpoauyrt before whom such caseshall be hciird.and will whateversum may be adjudgedagainst him for tax and also all coststhat may be adjudgedagainst him and upon the approval of such bond by such amsistessor.it shall be the duty ofsiich assess otro trans to the district.attorney of the U.S.for the district within which such collection district is situate all the papers in the case and it shall also he the du tyof said district attorney to immediately U.S. eapsruoiptefor crirtheueitreocro district of ctohuerttaoxf the sessed becauseof such alleged as shall be prosecuted to indginent farsaud: and the same such cases in other cases and shall have reced cnca over other civil cases on the calendar o such court. And until final 1clcutdogrmsheanlltabllepsruoscpeecndine‘ by the assessor and col; property and in caseof seizureof the property seized shall be releasedu on the approval of the d herein provided for; at pothing herein containedshall be construedto nffecf in any manner proceodmgs by indictment as provided y aw.
Mr. GRIMES. I would inquire why that clause is stricken out.
Mr. FESSENDEN. The reason is that it is an entire change of the law, and in the opinion of the committee would send everythin for trial into the courts and cause continua litigation.
Mr. GRIMES. If a man has got. a good defense and wants to go into court why not allow him to do so?
Mr. FESSENDEN. It is not a matter of defense. This clause changes the whole sys tem, and would make it entirely different from any other system anywhere in regard to the collection of taxes
Skip Skip The amendment was agreed to. The next amendment was in line 153 to strike out the word“ the” before “newspaper” and insert in lieu of it the word "one;" and after “newspaper” to strike out the words “of largest circulation” and insert the word “published;” so as to make it read: That the assessor for such collection district shall give notice by advertisementin ononewspaperpubhedin eachcounty within said district. 610.
Mr. HENDRICKS. I should think the notice ought to he published in the newspaper of largest circulation.
Mr. FESSENDEN. It is sometimes very difficult to tell what the newspaper of largest circulation is, and we thought it best to leave it to the assessor to have the notice published in one newspaper published in the county, if there was one, and let him make the selection. Sometimes newspapers may be published in different languages, and one uhlislied in a foreign language might possibly have the largest circulation, or there might be a religious news paper having the largest circulation. We thought it best not to apply the postoffice laws to this provision.
Mr. CONNESS. Unless you provide in the act the means of ascertaining which aper has the largest circulation, you cannot determine the point.
Mr. TRUMBULL. It seems to me that the assessor or collector can easily ascertain which paper in the county has the largest circulation as well as he can ascertain how much property a man has. He will adopt some means to as certain it. He can call upon the newspapers to furnish a statement of their circulation under oath. He will adopt the necessary means.
Mr. FESSENDEN. The provision amounts to very little, and the Commissioner was of opinion that it would be very embarrassing in practice to require the advertisement to be in the newspaper of the largest circulation. We took his advice about it.
Mr. TRUMBULL. The officers are the last persons to whom I would go for advice in relation to matters of this kind.
Mr. FESSENDEN. We applied to the Commissioner.
Mr. TRUMBULL. He is one of the officers. It seems to me that it should not be left to these officers to select the newspaper as a matter of favoritism, and allow them to select a paper that does not give notice to the tax ayers. The object of publishing this notice as to have the world see it. That being the object, let it be published where most of the world will see it. I hope the provision as ado ted by the House will not be changed.
Mr. FESSENDEN. The whole clause re nired revision. It was somewhat bunglingl rained, and we were obliged to change it a 1 through. A change here would necessarily lead to a great many other changes. The Senator is aware that if a mistake was made in that particular in regard to the selection of the newspaper, it might vitiate the whole proceeding. We must a ways trust something to the discretion and honesty of the officer. We came to the conclusion that the Commissioner was right about it, and on consideration the committee ado ted his sug estion.
Mr. HENDRIC S. I thin the words “within the county, ” ought to be inserted after the words “largest circulation.”
Mr. FESSENDEN. Then the question would arise, what was the largest loca circulation?
Mr. HENDRICKS. I move to insert the words “within the county, ” after “circulation."
The PRESIDING OFFICER. Thatamendment is not in order. The question is on the amendment of the ComFinance.
Mr. FESSENDEN. This provision covers a collection district, and a collection district is a whole congressional district.
Mr. GItIMES. It speaks of an assessment district here.
Mr. FESSENDEN. The language is, “the assessor for each collection district shall give notice by advertisement in one newspaper published in each county within said district, and if there be none ublished in any county of the district, then in a newspaper published in the collection district adjoining thereto." You see that the provision as it stands in the House bill would send the assessor around inquiring as to the circulation of the different newspa pers. He would have to examine with great accuracy. We have already seen the disutes that arise where that rule does exist. ‘onie sa that one thing should be taken into consideration, and some say another. It makes confusion and dilficulty in doing business.
Mr. GRIMES. I understand that a collection district is a congressional district, but an assessment district is a subdivision of a congressional district.
Mr. FESSENDEN. No; you see it reads, “the assessor for each collection district shall give notice, ” &c.
Mr. CONNESS. There is another difficulty that would arise. In some counties there are daily newspapers published and week! news papers besides. While the daily would have the largest local circulation in a part of the district, the weekly would have the largest in the entire district. We shall get into exceeding difficulty if we undertake to change what the committee have agreed upon.
Mr. FESSENDEN. I hope the Senate will leave it as the committee fixed the matter; we became entirely convinced that it was better to fix it as we have proposed.
Skip Skip The amendment was agreed to. The next amendment was in line 156 to strike out the word “the” before “newspaper” and insert the word “ a, " and in the same line, after the word “ newspa per, ” to strike out the words “ of largest cir culation" and insert “published;” so as to rea: And if there be none published in aarky county of tbedistrict. thenin anewspnperpublish in the collection district adjoining thereto.
Mr. TRUMBULL. I should like to inquire of the chairman why the go out of the district. A collection district, as I understand, in practice embraces a congressional district. If in any county of a congressional district no paper is published, then this act. if 1 understand it, requires that the publication shall be made in a newspaper published in the collection district adjoining thereto. Why not in the same collection district? Why do you necessarily compel the assessor when a particular county has no paper published in it, to publish the notice in a collection district to which that county does not belong?
Mr. FESSENDEN. The language should he “a collection district adjoining” instead of “the collection district adjoining.”
Mr. TIwMBULL. Why not strike out the words “ adjoining thereto?”
Mr. FESSENDEN. For the simple reason that it was supposed a man would be more likely to get notice from a newspaper near him.
Mr. TRUMBULL. The Senfrom Maine certainly does not understand me, or I do not understand the hill. The bill as it is necessarily compels the assessor to publish in some other district ban the one in which the county is.
Mr. TRUMBULL. Then I do not understand it; the language is, “in a newspaper published in the collection district adjoining thereto.”
Mr. FESSENDEN. It reads: That the assessorfor each collection district shall 5 noticeby advertiseinent in one newspa 9r ub ished in eachcountyWithin said district. an ift cre be none published in anycounty of the district, then in a newspaper published in the collection district adjoining. I propose to make that last “the” “a.” If there is a newspaper published in the whole district, the notice must be published there, and if not, in the next district.
Mr. ANTHONY. I suggest that the words “any county of” be left out, so as to read “ it' there be none published in the district." The fl language is somewhat equivocal now. If there is any county in the district which has no newspa er, it is liable to the construction that the publication must be in the adjoining district.
Mr. TRUMBULL. Iftbe words “ any county of" be left out it will be clear.
Mr. FESSENDEN. Very well; that is only changing the phraseology.
Mr. ANTHONY. But it would make it tine uivocal. T ie amendment of the committee was agreed to.
Mr. FESSENDEN. Now I move to amend the clause further by striking out the words “any county of, ” so that it Will read, “and if there be none published in the district, then in a newspaper, " the
Mr. FESSENDEN. In line 157 I move to strike out "the" and insert “ a, " so as to read, “in acollect on district adjoining thereto."
Skip Skip The amendment was agreed to. The next amendment of the ComFinance was to strike out in lines 157 and 158 the words “by notifications to be posted up" and to insert “ shall post notices, ” in line 159 after “places” to insert “within each assessment district, " and in line 161 after “oliice” to strike cut “within each assessment district advertise by not less than ten days’ notice, all persons concerned of, ” and to insert ‘staiing;" so as to read: That the assessorfor cuch collection district shall ire notice by ndvci tiscinentin one newspaper ub ishedin eachcountywithin ruiddistrictmnd ift are be none publishedin the district, then in n newspaper publishedin a collection district adjoining thereto, and shall post noticesin at least 4 public places within each assessment dislrict mndshall mail acopy of such notice to eachpostmasterin his district tobe postedup in his office, stating the time and plnce within said collection district when and where oppenls will bereceivedand determinedrelative touni! erroneousor oxcessn'o valuations, assessments, or enumerations by the assessoror asst assessor returned in the annual list.
Mr. VANWINKLE. I move to strike out the word “up” after “posted” in line 161.
Skip Skip The amendment was agreed to. The committee further proposed to amend the clause in line 167, after the word “list, ” by inserting: And such notice shall be advertised and postedby the ussessor iinilmailed as aforesaidat leastten days beforethe time appointed for hearing and appeals.
Skip Skip The amendment was agreed to. The committee proposed to add “s” to “appeal” in line 172, so as to make the word “appeals.”
The PRESIDING OFFICER. That will be regarded as agreed to.
Skip Skip The amendment was agreed to. The committee also proposed to strike out, in line 216, the words “duties or” before ‘fltaxes; ” and in line 223, line 248, and line 252, to strike out. the words “or duty” after H tax."
Skip Skip The amendment was agreed to. The committee ro osedvto strike out in line 253, after the word “within, ” the words “one year” and to insert “two years.”
Skip Skip The amendment was agreed to. the committee proposed to strike out. after the word “all, ” in line 266, the words “or any proceedings authorized by, ” and to insert “provisions of; ” and in line 26oi lit to strike out after “tax” the words “ or duty;” so as to read: And all provisionsof law for the ascertainmentof liability to any tax, or the assessmentor collection thereof, shall be held to appl, as far as may be necessary. to the proceedingsherein authorized and directs.
Mr. FESSENDEN. I have an amendment to proposeto a part of the‘bill which has been passe over on page 11. It is to insert between lines 25 and 26 of the 9th section this clause: That sectioneight be amendedby striking out of said sectionall after the words“until an appointment filling the vacancyshall be made." The words that I propose to strike out of the law are the form of the oath, to be taken by assessors and asst assessors. The general not of July 2, 1862, provides for the same oath substantially and more too. The result is that the Commissioner is obliged to send to each officer 2 oaths, and he must take two, one under the act which we propose to amend, and oneunder the general not of July 2, 1862, which covers the same ground precisely and is even more stringent. propose to amend by striking out the oath to uired by the internalrevenue not, leaving all these officers to stand under the General law.
Mr. FESSENDEN. I desire new to propose another amendment to carry out that idea, to come in where the reading last stopped, on page 21, after line 270 of section 9 of this bill: That section 21 be amended by striking out the words ‘witheut having taken the oath or affirmationrequiredbythis act" and inserting in lieu thereof “without. having taken the oath or afirmation requiredby law." The amendment. was agreed to. of the ComrIntRev
Mr. HO E. Before the amendmentis acted on, I wish to ask the chairman of the committee whether these words, in the 289th line, “with the approval of the ComrIntRev, ” are thought to be necessary. Are they not a little inconsistent with other provisions?
Mr. FESSENDEN. No, sir. That is the law as it stands, I think. Those allowances must be approved by the Commissioner, and they must go through the auditing officers as now provided.
Mr. HOWE. I thought similar words were left out of the last act.
Mr. FESSENDEN. You refer to matters of clerk hire. I think, not office rent.
Mr. HOWE. My recollection was that we did leave those words out to prevent the offi eers from making allowances either for clerk hire or for office rent.
Mr. FESSENDEN. It did not apply to office rent. I think we ought to make further provision for office rent, and the committee are now considering that point. Some of the officers have to keep their offiecs in their houses.
Mr. HOWE. 1118 Senator does not understand my objection. It is not an objection to allowing office rent, but Iwisli to leave the officer to secure the rentof his office as he does his clerk hire, employing only so much offica room as is necessary, just as he is allowed to emfiloy so much clerical labor as is necessary.
Mr. FESSENDEN. The matter of office rent did not come into the amendment of the previous law to which the Senator refers.
Mr. HOWE. This is not the time for me to offer an amendment on the subject. The amendment of the committee was agreed to.
Mr. FESSENDEN. In the 293rd line the wor “ officer” should be “officers, ” so as to read, “audited and approved by the proper officers of the Treasury Dept.”.
Mr. CONNESS. It seems to me that this is continuing one of the greatest difficulties that our revenue effieers labor under up the Pacific coast. They have to secure the approval of their vouchers 1st by the Commissioner and then by the proper officers of the Dept which consumes many months of time, an the are not allowed, in the mean time, to make payment, so that they have got to make the payment out of their own pockets before they can obtain the vouchers and send them here for approval. Then many months tran spire before they can get this up roval. It has been one of the practical diliicuties that these officers have been subjected to, which have impoverished them verymueh and hindered the Operation of the law. e have presented many complaints at different times about it, and I do not see but that this continues the difficulty in place of making some provision to relieve it.
Mr. FESSENDEN. I do not know of any way to remedy it. There are complaints on both sides. My friendfrom Wisconsin thinks the law is not stringent enough in regard to it.
Mr. CONNESS. The complaint that I make, if it can be called a complaint at. all, comes from the inevitable distance, which we cannot shorten, and the Ian th of time consumed in correspondence. from Wisconsin to Washington, as distant as Wisconsin is from Washington, vouchers may be sent in 2 or 3 days. From California to here they consume ii month, and then it takes a month for an answer, and if there is a misunderstanding anothermonth is consumed.
Mr. FESSENDEN. The Senator misapprehends it. These vouchers are only require with the statement of accounts. They get leave from the Commissioner, I suppose, to pay a certain amount of rent in advance; that is the way they should do, certifying to him what they need; and then when they come to settle their acceul ts they must have the proper vouchers. It is the same difficulty that exists in re rd to the settlement of all accounts at the Treasury Dept. It takes a good while to send them hereI and then they must go through the regular form. It is an incon venience that cannot be remedied.
Mr. CONNESS. I am aware that this has been a very special ineonvenienge, and I think the ComrIntRev is quite aware of it. Whether this continues it or cures it I do not know and cannot say.
The Secretary read the next amendment of the ComFinance, which was in line 328 to strike out “shall” and insert “may. The amendment was agreed to.
Mr. FESSENDEN. I move, in line 323, before “asst, ” to strike out “the several;” so as to let the provision read: And asst auessors shall be allowed in the settlementof their accounts, such sum as the Commoxicsscicodninergo$f30Ine pteerrnaanlnuRmev, feonruoeffischearlel natp. pMrove, not
Mr. GRIMES. I desire to inquire whether that is not a new provision. Have we been in the habit of allowing asst assessors $300 for ofliec rent?
Mr. HENDRICKS. Is not this for the district assessor?
Mr. GRIMES. No; for the asst as sessor, the 'county assessor. We have hereto fore allowed the assessor for the congressional district office rent, but it is now proposed to allow office rent to each one of the asst assessors.
Mr. CONNESS. Must they not have an office?
Mr. GRIMES. They may in California, where they collect so much money, as I understand the y do.
Mr. GRIMES. But there is no necessity for any such office in the State which I have the honor to represent.
Mr. FESSENDEN. There is a necessity for it in large cities, and that is the reason the provision is put in.
Mr. GRIMES. Then why is it inserted in the way it is if it is to apply sim 1y to those cases? I have no motion to may e. If the ComFinance proposed to permit the ComrIntRev to allow office rent in certain places where there is a large population it might be very well; but as 'it stands here, every deputy assessor will claim this allowance of $300.
Mr. FESSENDEN. It is absolutely necessary that such an allowance should be madein many cases. You cannot make distinctions in the law and so where it shall be allowed and where not. that must be left to the discretion of the Commissioner. There is no other way to settle it. There are cases where the allowance oughtto be made. I have one in my mind where the asst assessor came before the committee and represented his case. He keeps his office in his house, and it occupies a large portion of his house. He is a man of intel i gence and a very excellent officer, and he told the committee and I have no doubt he told the truth that the result was what I shall state. He told us how much rent he gave for his house.
Mr. FESSENDEN. In Baltimore. He cannot afford to keep a servant, and his wife has to do the whole work of the house. He was allowed nothing for the artof the house which he used as an office, an for the whole of which he paid rent, and at the end of the year, living very economically, his wife doing the entire work of the famil, he brou hthimselfabout 100 or 2 nindred ollars in debt. certainly, ifa man hiresahouse and lives in it, and gives up part of it to the use of the Government as an office day and evening for the asst assessor is at workday and evening lie ought It is “not exceeding to be allowed something by way of office rent. He is obliged to keep an office. I do notknow how we can provide a system by which we can tell exactly where such an allowance will be necessary. Each case must be left to the discretion of the officer at the head of the bureau or somebody else. There must be discretion left somewhere.
Mr. HENDRICKS. I ask the chairman if he cannot limit it to cities. This provision would impose a very disagreeable duty on the Commissmner, and unless he is a very firm man he would fall before it. Applications will come up‘from every county asking this allowance. ’hy not limit it to cities of a certain poulation?
Mr. WILLIAMS. According to the information which I have, these asst assessors are very orly comensated for their services, even if this $300 should be allowed. I have in in hand 2 letters that I received this morning from asst assessors, complainin that their salaries are wholly inadequate. knowthatasst assessors generally through out the country consider that their coui ensation is not so much as it ought to be, an there is a general complaint from these officers on that subject, and if the Commissioner should happen to allow $300 to every asst as sessor, I am satisfied that they would not receive more than they ought to have for their services.
Mr. KIRKWOOD. I am very strongly impressed with the idea that we ought to pay the asst assessors more liberally than we do. Really the workin of our whole revenue sys tem depends on them, and I think we should do better to pay them more liberally. I was in hopes that the committee would have reporte a regular salary instead of a perdiem for them; and when the proper time comes I may move to amend the bill in that particular. The business of an asst assessor, if properly performed, prevents the performance of any other business. A man cannot carry on any other business at the same time that he is domg the business of an asst assessor, if he attends to his public duties properly. Even in the State that represent it breaks ii any other business. We must, either by in irection in this way, or directly by giving a salary, I think, secure them some reasonable compensation, if we want our work well done.
Mr. CONNESS. A. suggestion which I made a short time since was replied to by the Senfrom Iowa, [Mr. Gnnins] who said that perhaps office rent for deputy assessors was necessary in California where they collect so much money. The peculiar kind oflogic that radiates from that Senator at times is hardly intended to meet the case, but intended to silence whoever makes suggestions. I doubt very much whether it either meets the case or has the other effect in this instance. I know of a great mapy instances where deput assess ors may not require office rent, and am entirely willing to trust the Depaitment. to make the ap lication of the law in those cases; but I also now a great many cases where an office, and rent to pay for it, must be given and used by them. 1 cu must either give them a sufficient perdiem to enable them to pay the rent themselves, or else pay the rent for them under the present perdicm that is allowed. I am very led to say that there is a very large in terna revenue collected in the State that I in art represent here, and I am very glad of it. Ithiiik the law is being pretty well administered there, and I am exceedingly anxious to do anything that will secure its being administered still better there and increase the public revenue. I cannot conceive any better way to increase the public revenue than to satisfy, properly of course, the deputy assessors. The whole revenue depends on the faithfulness with which they do their work. It is by their effort that we get money. The next amendment of the committee was to strike out “other” before “asst assass ors, ” in line 330.
Skip Skip The amendment was agreed to. I Mr. FESSENDEN. I move, on consulta tiop, in line 323, to s“trike out the word “shall” and to insert may;” so as to read: Asst assessorsmay be allowed, in the settlement of their accounts. such sum as the ComrIntRev shall approve.not cl ceeding$30oper annum. for officerent.
Skip Skip The amendment was agreed to. The ComFinance proposed to ipsert the gord “ipake” before thp contracts or su in statione inwririndes 300 andufiliyg ry,
Skip Skip The amendment was agreed to. The committee proposed, in line 366, to strike out “rates of” before “compensation, ” and in line 367 to strike out “sum” and insert “rate, ” so as to read, “but the compensation thus allowed shall not exceed the rate of $5,000 perannum.”
The Secretary read the next clause of the 9th section, as follows: That section24 be amendedby strikiua out the proviso thereto: Provided farther, That in calculating the commissionsof assessorsand collect ors of internalrevenue in districts whence cotton or distilled spirits are shipped in bond to be sold in anotherdistrict. onehalf the amount of tax received on the quantity of cotton or spirits so shipped, shall be added to the amount on which the commissions of such assessorsand collectors are calculated: and a corresponding amount shall be deducted from the amount on which the cor umissionpsf the assessors and collectors of the districts to which such cotton or spirits are shipped are calculated. the committee proposed to amend this clause, in line 376, after “thereto, ” by insert in the words “and inserting in lieu thereof tie following, ” and in line 377, after the word “provided, ” by striking out “further;" so as to read: That section24 be amended bystrikin out the provisothereto, and inserting in lieu thoreo the fOHOWHIR: provided. That. die.
The Secretary read the next clause of the bill, as follows: That section 26 be amendedby striking out all after the enactingclauseand inserting in lieu there of the following: that in the adjustmentof the accountsof the assessorsand collectors of internalrevenuewhich shall accrue after the 30th of June, 1864 and in the pament of their compensation for servicesafter that ate. the fiscal year of the Treasury shall beobserved, and wheresuch compensation or any part of it shall be by commissionsupon as sessmentsor collections and shall during any year. in consequenceofa new appointmenhbe ue to more than one assessoror collector in the same district. such commissions shall be apportioned betweensuch amessorsor collectors; but in no caseshall a greater amount of the commissionsbeallowed to twoor more assessorsor collectors in the same district than is or may be authorized b law tobeallowedtooneassessor or collector. And t a salary and commissions of as sessors and collectors heretoforecarriedand accrued shall be adjusted.nllcived and paid in conformity, to the provisionsof this section, and not otherwise; lit no payment shall be madeto assessors or collectors on account of salaries or commissions Without the certificateof the ComrIntRev, that all reports reruired by law or regulation have beenreceived or that iiv satisfactoryexlanatlon has been rendered to him of the causeof t a delay. No amendment was.reported to this clause by the ComFinance.
Skip Skip The amendment was agreed to. The next amendment was in line 420 to strike out “ the” and insert “a” before “newspaper.” and after “news paper” to strike out “of largest circulation" and insert “published;” in line 421 after “in” to strike out “the nearest.” and insert “an;" in line 422 to strike out “up” after “ posted;” and in line 423 after “said” to strike out “ duties" and insert “ taxes;” so that, as amended, the clause Will read: That each of said collectors shall within 20 days after receiving his annual collection list from the assessors.give notice. by advertisementin one newspaperpublished in each county in his collection district. if the ro be any. andif not then in a news Eaper publishedin au ad|oiningcounty and by notications to be postedin “least 4 public placesin each county in his collection district. that the said ttiamxeesahnadvpelabeeecWomithe indusaeaidnpdopuanytyabaltew.ahniedhsltieatoer thheis deputy Will attend to receivethe same.which time shall not be lessthan ten days after the date of such notification and shall senda copy of such notice by mail to eachpostmasterin the county. to be posted up in his office.
Skip Skip The amendment was agreed to. The next amendment was in line 422, after the word “posted, ” to strike out the word “up.” The amendment was agreed to. The next amendment was in line 423 to strike out the word “duties” and to insert “taxes. The amendment was agreed to. The next amendment. was in line 433 to strike out the words “ duties or” before the word “taxes.” The amendment was agreed to. The next amendment was in line 437 to strike out the words “duties or” before “taxes.” The amendment was agreed to. The next amendment was in line 441 to strike out the words “duties or" before the word “ taxes." The amendment was agreed to. The next amendment was in line 443 to strike out the words “duties or” before the word “taxes.” The amendment was agreed to. The next amendment was in line 444 to strike out the words “duties or” before the word “taxes.” The amendment was agreed to. The next amendment was in has 445. after the word “taxes, ” to strike out the words “and duties.” The amendment was agreed to. The next amendment was in line 451 to strike out the words “duty or" before the word “tax.” The amendment was agreed to. The next amendment was in line 450 tivo to strike out the words “duties” and to insert “taxes.” The amendment was agreed to. The next amendment was in line 455 to strike out the words “duties or” before the word “taxes.” The amendment was agreed to. The next amendment was in line 470. after the word “posted, H to strike out the word “up.”
Skip Skip The amendment was agreed to. The next amendment was in line 479 to insert the word “shall” before the word “ not." and after it to insert the word “ be, ” so that the clause will read: And the place proposedfor sale shall not be more than live miles distant from the place of mnkingeueb distraint.
Skip Skip The amendment was agreed to. The next amendment was after the word “days, ” in line 483, to strike out the followmg clause: Ai idin any casein which any person.bank. asso ciation. company or corporation. required bylaw to make return to the ComrIntRev shall refuse or neglect to make such return within the timespecified.the amountof tax or duty shall be estimatedby the proper assessoror asst assessor and shall be certified by him. to the Comniissioner. Andin allcasesin whichthe person.bank. association. company or corporation required by law to makepaymentof taxes to the oniinissioner, shall neglector refuseto make such pnyiiientwithin the time required.the Commissionershall certify the amountoftax due by such person.bank. association or corporation. with all the penalties.additions.rind expenses accruinir.to the collector of the properdis trict. who shall collectthe same bydistraintandsale. as in other cases. And the same proceedinesmay be had to enforce the collection 0 taxes which have already accruedand which still remain unpaid.
Skip Skip The amendment was agreed to. The next amendment was in line 501, after the word “tax, ” to strike out the words “ or duty.”
Skip Skip The amendment was agreed to. The next amendment was in line 532 to strike out the word “and” and to insert “or.”
Skip Skip The amendment was agreed to. The next amendment was in line 537 to strike out the words “duties or” before the word “ taxes."
Mr. FESSENDEN. On pagc‘B‘l, line 547 of section 9, the words “with the fees and charges for distraint and sale” should be transposed to come in after the word “ use" in line 549; so that the clause will read: The amountdemnndablofor the useof the U.S and acommission of live%. thereon for his own use.with the fees an chargesfor distraint and sale, rendering the ovcrplus. &c.
Skip Skip The amendment was agreed to. The next amendment of the committee was in line 561 to insert. the word “the” before “ booksf’ and in line 563. after the word “dollars.H to insert “ shall also be exempt;" so that the clause will read: And the hooks. tools or implementsof a trade or professionto an amount not greaterthan $100shall also be exempt.
Skip Skip The amendment was agreed to. The next amendment was in line 571 to strike out the words “duties or" before the word “taxes.” The amendment was agreed to. The next amendment was in line 576 to strike out the words “duty or” before the wbrd “tax.”
Skip Skip The amendment was agreed to. The next amendment was in line 577 to strike out the words “owner of the property, or his legal representatives." and to insert“ persons legally entitled to receive the same."
Skip Skip The amendment was agreed to. The next amendment was in lines 581 and 582 to strike out the words “owner, or his legal representatives, " and to insert“ persons legally entitled to receive the same.”
Skip Skip The amendment was agreed to. The next amendment was in line 588'.after the word “ tax, " to strike out the wor s “or duty.” The amendment was agreed to. The next amendment was in line 589, after the word “tax, ” to strike out the words “or duty.” The amendment was agreed to. The next amendment was in line 591, after the word “tax, H to strike out the words “or duty." The amendment was agreed to. The next amendment was in line 593, after the word “ tax, ” to strike out the words “or duty." The amendment was agreed to. The next amendment was in line 599, after the word “ tax, ” to strike out the words “or duty.”
Skip Skip The amendment was agreed to. The next amendment was in line 600, after the word “property, ” to strike out the wordsThe same shall be made in like manneras elsewhere provided for the assessmentof taxes upon property of like nature And to insert: The collector shall make a return thereof in the form required bylaw and the wessorshall assessthe tax thereon.
Mr. SPRAGUE. I wish to ask the chair man of the ComFinance a question in regard to this 20%. that is re?uired to redeem the property within the year. f in 2 months the owner proposes to redeem, or does redeem it, is he to pay one 6th of the amount of 20%. to redeem the property 7
Mr. SPRAGUE. That is the understanding, en.
Mr. FESSENDEN. The word “and” at the be inning of line 787 before “asst assessors” should be stricken out. The amendment to The amendment was agreed to.
Mr. FESSENDEN. After the Word “col leetors, ” at the end of line 787, the words “or by his predecessor in 0 cc” should be inserted. The amendment to The amendment was agreed to.
Mr. FESSENDEN. The word “and” should, be inserted instead of the word “stamps” at the beginning of line 788, so that it will read, “ and with the additions thereto.” The printer has misplaced e. word there. Then the word “ stamps should be inserted before the word “deposited” at the beginningof line 789. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 791, after the word “payments, ” I move to insert the words “into the Treasury.” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 794 I move to strike out the words “duties or” before “ taxes." The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 795, alter the word “collectors, ” I move to strike out the words “or by his pred ecessor in office." The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out the words “duties or” in line 797, and also the words “duty or” in line 799. The amendment to The amendment was agreed to. The amendment, as amended, was adopted.
The Secretary read the next clause of section 9, as follows: That section41 be amendedby striking out all after the enacting clause and inserting in lieu thereof the following; that it shall be the dut of the collectors aforesaid or their deputies. in t respective districts, eir and they are hereby authorized, to collect all the duties and taxes imposed by this act, however the same may be designated and to prosecutefor the recoveryof any sum or sumswhich may be forfeited b v1rtueof th|s act and all lines, penalties and for eiturepwhich may incurred or imposedby.virtue of this act, shall be suedfor and recovered, in the nameof the U.S., in any proper form of action, or by anyappropriate form of proceeding, am(am, or othermse, before any circuit or district court of the U.S.for the district mthm which said fine, enulty,0 forfeiture may have been in cui 'reodr, be ereanyot ereourtof compotent jurisdietion, and taxes or duties maybe sued or an recoveredin any proper form f action before my 'eireuitor district court of the U.S. for the district Within which the liability to such tax may have been or shall be 130 or where the party from whom such tax is no may reside at the line at: the commencement of said action. Di itno osufe suitsbnll be commenced unless the ComrIntRev shall authorizeor sanction the proceedings: Imquled, That in case of any suit for penalties or forfeitures brought upon information received from any person, at or t on a collector, deputy collector, assessor, asst assessor o. r inspector of internalrevenue.the U.S shall not be subjectto any costsof suit, nor s of any attorney all the fees or counsel employed y any such officer be allowad in the settlement of his account unlessthe employment of such attorneyor counse shall be authorized by the ComrIntRev either exprely or by general regulations. The committee proposed to amend this clause by striking out, in has 819, the words “duties and” before “taxes.”
Skip Skip The amendment was agreed to. The next amendment was in line 830 after the word “tans, ” to strike out “or uties.”. 5., The amendment was agreed to. t lii The next amendment was in line 831, after the word “recovered, ” to insert “in the name of the U.S.”. The amendment was agreed to. I The next amendment was in line 841, after the words “ asst assessor, ” to insert “revenue agent.". The amendment was agreed to.
Mr. HOWE. I wish to ask the chairman of the committee if it is intended to give this right to sue in either of those 2 districts, either in the district where the liability to the tax is incurred, or in the district to which the party taxed may have removed.
Mr. FESSENDEN. It provides that he may be sued “before any district or circuit court of the U.S. for the district within which the liability to such tax may have been or shall be incurred;” but if the party goes to another district, they may go where he lives and sue him at that place.
Mr. HOWE. Suppose the liability is in curred in one State and he removes to another, if you commence a suit in the State from which he has removed, how would you effect service on him?
Mr. FESSENDEN. If we cannot get.ser vice in one district, we would probably go to the other one; and that is the reason we provide that we may go to the other one.
The PRESIDING OFFICER. Does the Senfrom Wisconsin propose an amendment?.
The Secretary read the next clause of section9, as follows: That section44 be amendedbystriking out all after the enacting clone and inserting in lieu thereof the following: that the ComrIntRev u notto regulations preopribedby tahuethSoercizreetda, ryof the Treasury shall be, undishei eby. on a pealto e, to remit, refund, and as back a hiatus erronepusl or ille ally a9 sesse ercollccled, and all duties that shal appoin to beunjustly assemedor EXOOSSIVine amount or it; any mannerwrongfully collected, and aho repay t1) collectorsor deputy collectors the full amountofsuch sumsof moneyas shall or may be recovered against them, or any of them, in any court, for any internal duties or licenses collected by them, With the comand exionses of suit, and all damagesInd costs rocleocvteorres, daegpauitnysetoallsescetossrso, rs.asst amcmers, col and inspectors.in any suit whichshall be brought againstthem or any of the ip, by reason of anything that shall or maybe done in the due performanceof their lal duties; and all judgments and moneys recovered or received for taxes, costs, forfeitnres and penalties, shall be paid to the collector as internal duties are required to be aid: Provided, Thatwhere apecend assessment may lieve beenmadein case of a list, statement, or return which in the pinion of the assessor or asst assessorwas fa so or fraudulent or contained any understatement or undervaluation. such assignment shall not be remitted, nor shall taxesor (IMIOScod leetedunder Inch uncommon be recovered refunded, or did k. unlesssud list. statement, or yeturnwas not also or fraudulent, and did not contain any understatementor undervaluation. The 1st amendment of the ComFinance to this clause was to strike out the word “duties” wherever it occurs and toiusert “taxes.” any,
Skip Skip The amendment was agreed to. 1 “If? The next amendment was in line 875, after the word “ unless, " to insert “it is proved to the satisfaction of the Commissioner that.”
Mr. F'ESSENDEN. The words " to the Commissioner’ ’in that amendment should be stricken out, so that it wilfread, “ it is proved that said list, " &c. The amendment to The amendment was agreed to. The amendment, as amended, was adopted.
Mr. FESSENDEN. In line 854, after the word “collected, ” I move to insert “all penalties collected without authority;" so as to read: To remit, refund and lpay back all taxes errone ously or ille ally assesse or collected, all enulties collectedwit iout authority, and all taxes,0.
Skip Skip The amendment was agreed to. “ The next amendment was after the words deputy collector, ” in line 888, to insert “of the proper district or by such other collector or deputy collector as may be specially authorized by the ComrIntRev for that purpose.” The amendment was agreed to. The next amendment was in line 894, and also in line 896, to strike out the words or duty” after the word “ tax.”
Mr. FESSENDEN. In line 900 a“nd 19 the word “cost " should be costs.”
The Secretary read the next clause of section 9, as follows:.That sections53. 54, 55, 56. 57, 59, 62, 63, 64, 65 66 67. 68, 69, and 70, be, and the same are hereby, repealed, to take effecton the 1stdayof Sep tomber, 1866. The ComFinance reported no amendments to this clause.
The Secretary read the next clause of section 9, as follows: That section7cuebe amendedby striking tohuetraelol fathfteefrotlhloew enacting clauseand insertingin lieu. thatno person, iirm.company, or corporation shall heengage in, prosecute, or carry onanytrade, business, or profession. Hereinafter montioned and described, until heorthey shall havepaid ais eicial taxtherefor in the manner heroinafter prov e. The ComFinance reported no amendment to this clause.
The Secretary read the next clause of section 9, as follows: That section 72 be amendedby striking out all after the onucting clause and inserting in lieu thereof the following: that every person.iirm. company, or corporation engagodin any trade. business or profession, on which a special tax is imposedby law, shall registerWith the asst assessor of the assessmentdistrict, 1st. his or their nameor style and in caseof a firm or company: the names of the several personsconstituting sue firm or company and their pinces of resirlence: 2nd, the trade, business or profession, and the place where such trade busmess, or profession is to be carried on; 3rd. if a, rectifier, the number of barrels lic designs to tify; reo if a eddlcr, whether he designs to travel on foot or Wit one.two, or morehorsesor mules: if an inn keeper, the yearly rental valuo of the houseand property to beoccupiedforsaid purpose.Allofwhich acts shall bereturned duly ccrtifie bysuch asst tarsicste;ssor, both to the assessor and collector of the disand the specialtax shall be paidto the collect r or do duty collector of the district as hereinafterprovide for such trade, business, or profession. The ComFinance reported an amendment to add to the end of the clause the words, “ who shall give a receipt therefor.”
Mr. FESSENDEN. In line 984 the words “both to” should be transposed. It should read, “to both the assessor and collector of the district.”
The Secretary read the next clause of section 9, as follows: That section 23 be amendedby striking out all after the enactintghclausaend inserting inlieu thereof the follownig: at anyone whoshall exercise or carry on iinytrade, business, or profession or do any act herc|n aftermci itionedf, or the exercising carri'ing on, ordoingof which a specialtax is imposed btis net, Withoutpayment thereof as in that be half regnired shall, for every such oii'onsc.besides ibmeipnrgisloianbmleentot the paymentof the tax, be subjcct to for a term not exceedingtwo cars, or a fine not exceeding $000 or both, andsuch noshall be infodrimsterirb, uiftethder between any.thaespUronvitieddedSbtyatleasw and the The ComFinance reported no amendment to this clause.
The Secretary read the next clause of section 9, as follows: That section75 be amended by striking out all after the enactin clauseand insertingin lieu there of the following: that upon the death of any person haying aid the special tax for any trade, nsiness, or proession. it may and shall be lawful for the executorsor administrators, or the wife or child, or the legal to iresentativesof such deceased person. to occupythe house.r premises, and in like manner to exercise or carry on for the residue of the term for which the tax shall have been paid, the same trade. business, or profession, in or upon the same houseor premisesas the deceasedbe ore exercised orcarried on, without paymentof anyadditional tax. And in case of the removal of any person or persons from the houseor premises for wliich anyhe s, business or professionwas taxed. it shall be lawful for the person or personssoremovingtoany other place, to carry on the trade, business, or profession specified in the tax receipt at the placetowbich such person or personsma remove without payment of any additional tax: resided, That all casesof death change, or removal, as aforesaid, shall be registered with the asst assessor.together‘with the name ornnmes of the person orpersonsmakin such change or removal, or successorto my person r ccoas edu n. der regulations to beprescribed y the comrIntRev. The 1st amendment of the ComFinance to this clause was in line ten68, after the word “profession, ” to strike out the words “in or upon the same house or premises, ” and in line ten69, after the words “carried on, ” to insert the words “in or upon the same houses or premises.”
Skip Skip The amendment was agreed to. The next amendmentwas in line ten70 niiic, after the words “asst assessor, ” to insert “and with the collector."
The Secretary read the next clause of section 9, as follows: That section 76 be amended by striking out all after the enactingclauseand inserting in lieu there of the follcwmg: that in everycasewhercmore than one of the pursuits, employments, or occupations, hereinafter described, shall be pursuedor car ried on in the same place by the same personat the same time, except as hereinafter pronded. the tax. must be paid for eachaccording to therotos severally prescribed: Provided, That in cities and townshaving a lesspopulation thaii 6,000 personsaccording to the last preceding census, one s eoialtax shall be held to embracc t a business of land warrant brokers.claim agents and real estate ents. 1 011 paymentpfthe highest rate of tux applies lotoeit or oneof said pursuits. The ComFinance reported an. amendment to this clause, in line ten90 to strike out the word “must” and insert “shall.”
Skip Skip The amendment was agreed to. The next change was read. as follows: That section 77be amendedby striking out all after the enacting clauseand insertingin lieu thereof the following: that no auctioneer shall by virtue of having paid the special tax as an nuc tiouecr. sell an goodsor other propertyat private sale. nor shall c emplo any other person to act as auctioneerin his belial. except in his own store or warehouseor in his presence, and any auctioneer who shrill sell goods or commodities otherwise than by auction without having paid the special tax imposedupon such business shall besubjectaridliable to the penalty imposed upon persons dealing ine r retailing, trading or selling goods or commodities without payment of the special tax for exercisingor carrying on such trade or business and where goods or commodities are the propertyof anyperspnor persons taxed to deal in or retail or trade in or sell the same.it shall and may be lawful for any person exercising or carrying on the trade or businessof an auctioneer to sell such goods or commoditiesfor andon behalfofsuch person or persons in said house or premises. The ComFinance reported no amendment to this clause.
The Secretary read the next clause of section 9, as follows: That section 78 be amended by striking out all after the enactin clause and inserting in lieu thereof the following: that any number of persons. except lawyers. conveyancers.claim agents.patent agents physicians sur cons.dentists.eattlobrokers. horsedealers and pod lers doing business in eopnrtnership at an one place shall be required to pay but one spocia tax for such copartners ip. The ComFinance reported no amendment to this clause.
The Secretary read the nextitem, as follows: 7. Horsedealers shall payten dollars. Any person whose business it is to buy and sell horsesor mules shall be regarded a horsedealerunderthis act: Provided, That one special tax having been paid. no additional tax shall be im osed upon any horse dealerforkeepingaliverysta in.nor upon any livery stable keeper for dealing in horses. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 8. Livery stable keepers shalpl pay tendollars. A ny person whose businessit is to keep horses for hire or to lot or to keep.feed.er board horsesfor others. shtll be regarded as a livery stable keeperunderthis no. The ComFinance reported no amendment to this section. The Secretary road the next item, as follows: 9. Brokers shall pay titty dollars. Every person. firm or companywhose business it is to negotiate purchasesor sales of stocks.bonds.exchange.bullion. coinedmoney.bank notes promissorynotes or other securities.for themselvesor others shall bercgnrded as a broker under this act: Provided That any or sonhaving paid the special tax as a bankershal not be required to pay the special tax as a broker. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 10.Pawnbrokers using or emploing acapitlil of not exceeding 850.000 shall p pay 50 dollars: and when using or emplo 10cacapital exceeding$50.01) for every additional $10!) in excessof 850.000s.hall pay 2 dollars: an such excess shall be assessed and paid in the same manner as required of whole saledealers. Every person whose businessor occupation it istotake or receive.by wayof pledge.pawn. oarnyexchange. any goods.wares or merchandisc or kind of personalproperty whatever.as security for the reosaymentof any money lent thereon shall be deem a pawnbroker under this act. The ComFinance. proposed to amend this item by striking out in lines 1243 and 1244 the follomng words: And such excess shall be assessedand paid in the same manner as required of wholesale dealers.
The Secretary read the next item, as follows: 11. Land yanant brokers shall pay 25 dollars. Any person shall be regarded as a land warrant broker within the meaning of this not who makesabusiiicssofbuyingand sellingland warrnnts or of furnishing them to settlersor other persons. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 12.Cattle brokers whose annual sales do not exceed 310.000shall pay ten dollars; and if exceeding the sum 0 $10,000one dollar for each additional 1,000 dollars. Any person whosebusiness it is to buy o rsell or deal in cattle. hogs or sheep shall be consideredas a cattle broker. The ComFinance proosed to amend this item in line 1201 by inserting alter the word “annual” the words “ purchases or, ” so as to read “ cattle brokers whose annual purchases or sales, ” the
Skip Skip The amendment was agreed to. The next amendment was in line 1258, after the words “ each additional 1,000 dollars.” to insert “and such excess shall be assessed and aid in the same mnnneras required of wholesa. edealers.”
The Secretary read the next item, as follows: 13.Produce brokers. whose annual sales do not exceed the sum of 610.000 shall pay ten dollars. Every personother thanone having paid the special tax as a commercial broker or cattle broker or wholesalc pr retail dealer or peddlcr. whose occupation it is to buy or sell agricultural or farm products and whoseannual salesdo not exceed810.000 shall be regarded as a producebroker under this act. The ComFinance proposed to amend this item in lines 1264 and 1269 by inserting the words “purchases or ” before the word “ sales.”
The Secretaryread the next item, as follows: 14.Commercial brokers shall pay 20 dollnru. Any person or firm whosebusinessit is. as a broker. to negotiate sales or purchasesof goods.wares or merchandise or to negotiate froights and other businessfor the ownersof vessels or for the shippers or consi ors or consignecsof freightearried by vessels shall e regardedacommercialbroker underthis act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 15. Customhousebrokers shalf pay ten dollars. Every person whoseoccupationit runs the agent of others. to arrange entries and other customhouse papers or transact business at any port of entry relating to the importation or exportation of goods. wares or merchandise, shall be regarded ii.customhousebroker under this act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows 1 16. Distillers shall pay $100. Every person, firm or corporation. who istills or manufactures spirits, shall be deemed a distiller under this act: Proq That distillers of apples. grapes or peaches.distilling or manufacturing 50 and less than 150 barrels peryour from the same shall pay 50 dollars: and those distilling less than 50 barrels peryear from the same shall pay 20 dollars: And provided further. That no tax shall be im osod for any still. stills or other apparatususedby druggists and chemistsfor the recoveryo falcoliolfor pharmaceutical and chemical or scientificpurpose; which has beenusedin thoseprocesses. The ComFinance proosed 3 amendments to this item. The rst amendment was in line 1288, after the words “manufactures spirits.” to insert “ or who brews or makes mash,0r wash for distillation or the productionworott2 spirits.”
Skip Skip The amendment was agreed to. The next amendment was in line 1291. after the word “ peaches, to strike out. the words “distilling or manufac turin 50 and less than 150 barre s peryear from the same.”
Skip Skip The amendment was agreed to. The next amendment was in line 1293. after the words “ 50 dollars, ” to strike out the words “and those distilling or manufacturing less than 50 her role peryear from the same, shall pay 20 dollars.”
The Secretary read the next item, as follows. 17.Brewersshdll pay 8100. Every person, firm or corporation who manufactures fermented honorsof any nameor description. for sale.from malt. wholly or in part or from any substitute tiierefor shall be deemedabrcwer underthis act: Provided. That any person.firm, or corporation, who manufacturesless than 500 barrelsper year shall pay thesum of 50 dollars. The ComFinance reported no amendment to this item.
The Secretary read the nextitem, as follows: 18.Rectifiers who shall rectify any quantity of spirituous liquors. not exceeding 500 bar rels. phckages or casks, containing not more than 40 gallons to each barrel. package or cask shall pay 25dollars: and 25 dollars additional foreach additional 500 sueh barrels. ackages or casks or any fractional pui' tthereof. Every person.firm or corporation.who rectifies.puri fics or refines spirituous liquors or wines by anyproecss or mixes distilled spirits, whisky. brandy, gin or wine. with any materials for sale under the name of whisky.rum.brandy, gin. wine or anypther name shall be regardedas a rectifier under this act. The ComFinance reported an amendment to this item, in line 1315. after the word “refines” to strike out the following wordsSpirituous liquors or winesby anyprocess. 0mr ixes distilled spirits. whisky. brandy. gin or Wine.with any materials for sale under the name of whisky. ruin, brandy. gin. wineAnd to insert in lieu thereof: by Distilled spirits or wines, by any process or who. distilled spirits or wine with any materi als. manufactures any spurious. imitation or comound liquors for sale. under the name of whisky. hrsudy, gin. rum, wine. spirits or wine bitters.
The Secretary read the next item, as follows: 1 19.Coal oil distillers shall pay 50 dollars. Any person.firm or corporationwhoshall refine, produce or distill crude or refined petroleum or rock oil or crude coal oil or crudeor refinedOil madeofasphal tum shalo.fpeat or other bitumine us substances or shall manu iictureilluminating oil shall be regarded as a coal oil distiller under this act. The ComFinance proposed to amend this item in line 1324 by inserting, after the words “ coal oil distillers, ” the words “and distillers of burning fluid and camphene.”
Skip Skip The amendment was agreed to. The next amendment was in line 1327 to strike out the words “crude or refined” before “petro leum, ” and after the words “rock oil or” to strike out the words “crude coal oil or crude or refined;” and in line 1328 to insert the word “ coal” before “asphaltum.”
The Secretary read the next item, as follows: 20.Keepersof hotels.inns, or taverns shall beelas sified and rated accordingto the yearly rental or if not rented.accordingto the estimatedyearly rental of the houseand propertyintended to he sooccupied as eaory follows. to wit: when the rent or valuation of the rental of said house and property shall be ‘ZOOurless shall pay ten dollars: and if exceeding $200, for anyadditional SIOO orfractional part thereof in excess“$200. 5dollars: Provided. That a paymentofsuehspecialtax shall beconstruedto aut orize the person so keeping a hotel. hip or tavern to furnish the necessary food for the animals of such travelers or sojourners without the payment of an additional special tax as a livery stable keeper. Every place where food and lodging areprovide for and furnished to travelers and SOJOUIHBI‘Sin. view of payment therefor shall be regarded as a hotel. inn or tavern under this act: Provided. That keep leiqrsuoorfshaorteeslso.ldtabvyerrnetsa. ila. tnodheeadtirnagn khouupsoenst.ihnepwrheimchises shall pay an additional tax of 25 dollars. The yearly rental shall be fixed and estab llslied by the asstassessor of the proper assessment district at its proper value; but if rented.at riot less than the actual rent agreed on by the parties. All steamersand vessels upon watersof the U.S.on board of which passengersor trav clers are provided with food or lodgings shall be subicct to and required to pay 25 dollars: Provided. That any person who shall make a false or fraudulent return of the setualrent mentioned in this paragraphshall be subicctto a penalty therefor of double the amount of the tax. The ComFinance reported several amendments to this item. The 1st was in line 1338 to insert the word “they” before“shall, ” so as to read, “they shall pay ten dollars.”
Skip Skip The amendment was agreed to. The next amendment was in line 1342 to strike out the word authorize" and to insert “ permit.”
Skip Skip The amendment was agreed to. The next amendment was in line 1347, atler the word “sojourners, ” to strike out the words “in view of' payment therefor” and to insert “for pay.” the amendment was agreed to. “ The next amendment was after the word parties, ” in line 1356, to strike out the following words: All steamersand vessels.upon the waters of the U.S. onboard of which passengers or trav elers are provided vrith food or lodgings shall be subjectto and required to pay 25 dollurs. And to insert in lieu thereof: All steamersandother vesselsengagedin the business of can ‘ing passengers and providin them with food or edging and the gross reeeipt so which are taxable under section 103 of this act shall pay 25 dollars.
Skip Skip The amendment was agreed to. The next amendment was in line 1265 to strike out the word “of” and to insert “concerning.”
The Secretary read the next item, as follows: 21.Keepers of eating houses shall pay ten dollars. Every place where food or refreshments of any kind. not including spirits wines. ale. beer or other malt liquors. are provided for casual visitors and sold for consumption therein shall be regardedas an eating house under this net. But the keeper of an eating househaving paid the tax therefor, shall not be inquired to pay a special tax as a confectioner, anything in this act to the contrary notwithstanding. The ComFinance reported an amendment to add at the end of this clause the followmg: And keepers of hotels inns. taverns, and eating houses having paid the s Decialtax therefor shall not be required to pay additional tax for selling tobacco snutf, or cigarson thesanie premises, anyting in this act to the contrary notWithstanding.
The Secretary read the next item, as follows: 2'2.Confectioners shall payten dollars. Every person who sells at retail confectioner. swcctmeats, conifits or other confects.in any bui (lin shall be regardedas ii confectioncrunderthisact. utwholc sa 0 lllltl retail dealers, having paid the special tax therefor shall not be required to paythe special tax as a conectioner.anything in this act to the contrary notwithstanding. The ComFinance proposed no amendment to this item.
The Secretary read the next item, as follows: 23.Claim agentsand agentsfor procuring patents shall pay ten dollars. Every person whose business it is to prosecuteclaims in any of the Executive Depts of the Federal Government or procure patents, shall be decmeda claim or patent agent.as the casemay be. under this act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 24.Patent rightdealeis shall paytendollars. Every person whosebusinessit is to sell, or offer for sale. patent rights shall be regarded as a patent right. ealer under this act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 25.Real estate agents shall pay ten dollars. Every person whosebusiness it is to sci or offer for sale real estate for others or to rent houses, stores or other buildings or real estate or to collect rent for others. Except lawyers paying a special tax as such shall be regardedas a real estate agent under this act. The ComFinance reported no. amendment to this item.
The Secretary read the next item, as follows: 26.Conveyancers shall pay ten dollars. Every person other than one having paid the special tax as a lawyer or claim agent whose business it is to draw dpeaepdesrs. bonds.mortgages wills. writs or other legal or to examine titles to real estate shall be regardedas a conveyancer under this act. The ComFinance reported no amendment to this item.
Mr. HOWE. I wish to ask the committee if they have any objection to an amendment there so as to exempt justices of the peace from taking out this license as conveyanccrs.
Mr. FESSENDEN. I think that if they act as conveyancers, drawing papers, they ought to have licenses. I think the Government ought to be very careful in lincensing them. in 99 cases out of a 100, when they draw such papers, they make some mistake or other that involves title.
Mr. HOWE. If it is objected to, I will not move an amendment. Teannot move an amendment now, anyhow.
The Secretary read the next item, as follows: Every 27 Inpteerllsigoennce officekeepers shall payten dollars. whose business it is placcs of employment to find or furnish for others or to find or furnish rseecrveaivnintsg upon application in writing or otherwise compensation therefor shall be regarded as an intelligence office keeper under this act. The ComFinance reported no amendment to this item. The next item was read by the Secretary, as follows: i 28. Insurance agents shall pay ten dollars. Any person who shall aut nsagent of any fire, marine. ifo.iuutual or other insurance company or companies or any person who shall negotiateor procure insurance for which he receives any commiSsionor other compensation shall be regardedas an insuranceagent.under this act: Provided. That if the an nual recedgtsof any person as such agentshall not exceed$1. he shall pay 5 dollars onl: Am! Provided furllier. That no specialtax shalllie imposed upon any personfor selling tickets or contractsof insurance against injury to personswhile traveling by land or water. The ComFinance reported no amendment to this item. The next item was read by the Secretary, as follows: 29.Foreign insuranceagents shall pay fittydollars. Every person who shall act as agentof any foreign fire. marine. life. mutual or other insurance company or companies shall. be regarded as a foreign insuranceagent under this act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 30.Auctioneerswhose annual salesdo not exceed $10,000 shall pay ten dollars, and ifexcceding $10,000 shall pay 20 dollars“ Every person shall be deemedan auctioneerwithin the meaningof this act whosebusiness it is to offerpropertyat public saleto the highestor bestbidder: Provided. That the provisions of this paragraphshall not apply to judicial or executive o cers making auction sales by virtue of any judgment or decrceof any court. nor public sgaulaersdmiaandse by or for executors. administrators or of any estateheld by themassuch. nor to attorneysin the ordinary prosecution of their busi 11088. i The ComFinance proposed to amend this item by striking out the following words at the close: “nor to attorneys in the ordinary prosecution of their business.”
The Secretary read the next item, as follows: 31.Manufacturers shall paytendollars. Any person firm or corporation who shall manufacture by hand or machinery any goods.wares or merchandise.not otherwiseprovided for. exceedingannually the sum of 81.000o, r shall beengagedin themanufactureor preparation for saleof any articles or compounds or shall not up for sale in packageswith his own name or trademarkthereonanyartioles orcompound, shall be regardedas a manufacturerunder this act. The ComFinance reported no amendment to this item.
The Secretary read the next item, as‘follows: 32.Peddlers shall be classifiedandrated asfollows. to wit: when traveling with more than 2 horses or mules.the 1st class and shall pay 50 dollars when travelingwith 2 horses, or mules. the 2nd class.and shall pay 25 dollars: whentravel ing with one horse or mule. the 3rd class and shall pay 15 dollars; whentraveling onfoot or bypublic conveyance.the 4th class, and shalf pay ten dollars. Any person except persons peddling only terhaacrteso, al. newspapers magazmes Bibles, TEllKlOUS or the products of his farmor garden, whosells or offersto sell. at retail. goods.wares.o rother commodities. traveling from placeto place.in the street or through different parts of the country shall be regarded as peddler under this act: Provided That any peddler who sells or c ffersto sell. distilled spir ite, fermented liquors or wipes. dry goods.foreign or domestic.by oneor moreoriginal packagesor pieces. at one time. to the same person or persons, or who peddlcs iewelry shall pay 50 dollars: Promdeglfiir (her, That manufacturers and producersof agricult ural tools and implements garden seeds, fruit and ornamental trees. stoves and hollow were. brooms, woodenware.charcoal and gunpowder. delivering and selling at wholesale anyof said articles. by the m selvesor theirauthorized agents at placesot herthan the place of manufacture shall not therefor be required to pay any special tax. The ComFinance reported 2 amendments to this item. The 1st was in has 467 to strike out the word “streets” and to insert “town, ” and after the word “through” to strike out the words “different parts of.”
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of the clause the followmg proviso: Provided further. That. persons who sell shell or other fish, or both.trundling fromplace toplace, and not from any shop or stand. slinll e required to pay 5 dollars only; and no speeinltaxshu lbo imposed for selling shell or other fish from hand carts or wheelbarrows.
Mr. FESSENDEN. The word “trundling” in that proviso should be “traveling, ” and I move that amendment. The amendment to The amendment was agreed to. The amendment, as amended, was adopted.
The Secretary read the next item, as folloWs: 33. Apo the carics shall pay ten dollars. Everyper son who keepsa shop or building where medicines are compoundedor prepared according to prescriptions of physminnsmrw cre medicines are sold shall be regardedas an apo the cary under this act. But wholcsalc and retail dealers. who buys paid the special tax therefor shall not be required to pay a tax as an apo the ciiry; nor shall apo the caricswho have paid the special tax be required to pay the tax as retail dealersin liquor in consequenceof selling alcohol or of selling or of dispensing, upon physi ciuii's prescriptions.the winesand spirits officinal in the U.S.es undother national pharmaco ias. in quantities not excceding half a pint of cit or at anyone time. not exceeding in aggregate cost value the sum of830oper annum. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: 34.Photographers shall pay ten dollars. Any person orpersonswhomakoforsiilo photographs. n mro types. dagucrrcoty cs, or pictures. by the action of light. Shull be regs eda photographarunderthisact. The ComFinance reported no amendment to this item.
The Secretary read the nextitem, as follows: 35. Tobacconists shall pay ten dollars. Any person. firm or corporation whose businessis to sell. at retail. cigars.snuff or tobisccoin any form shall be regardeda tobacconistunder this act. But whole sale and retail dealers and kecpers of hotels.inns taverns and eating houses.having paid the special tax therefor shall not b; required to pay;the tax as tobacconists. anything in this act to t o contrary nativithstanding. The ComFinance proposed an amendment, in line 15 07to strike out the words “sell at retail" and to insert “ manufacture.”
Mr. FESSENDEN. The latter part of the paragraph should come out, as it is provided for in another place; and 1 therefore move to strike out the words: But wholesale and retail dealers and keepersof hotels. isms.taverns.andouting houses.having paid 2: special tax therefor shall not be required to pay. q tux ll tobacconists.anything in this act.to the “unwary notmthstauding. "'1,
Skip Skip The amendment was agreed to. i
The Secretary read the next item, as follows i 36. Butchers shall pay ten dollars. Every person whosebusinessit is to sell butchers meat at retail shall be regarded as a butcher under this act; Pro. That no butcher having paid the special tax therefor shall be required to pay the special tax as a retail dealer on accountofselling other articles at the same store.stall or premises: Providui furllier, That. butcherswho sell butchers"ment exclusively by themselvesor agents and personswho sell shell fish or other fish or both traveling from place to place and not from nny s 0 or stand. shn 1 be requirod to pay 5 dollars on y, any oxisting luw to t a contrary notwithstanding. And no special tax shall be imposed for selling shell fish or other fish fiom hand carts or whoelbarrows. The ComFinance reported 2 amendments to this item. The 1st was in line 1521, after the word “agents, ” to strike out the words “and epislons who sell shell fish or other fish, or o. fl
Skip Skip The amendment was agreed to. ‘iiThe next amendment was in line 1525, after the word “ not withstanding, " to strike out the following Words: And no special tax shall be im osed for selling shell fishor other fish from hau carts or wheel barrows. a"
The Secretary read the next item, as follows:, 87. Proprietors of theaters. museums and concert halls. receiving pay as entrance money shall pay 8100. Every edificeusedfor the purpose of dramatie or operatic or other representations plays or perfsoiormnaallny cfeosr. not including halls rentei or usedocca concerts or the atrical representations, shall be regardedas a theater under this act: Procoded That when any such edificeis under leaseat the passageof this not.the tax shall be paid by the lessee unlcss otherwlse stipulated betweentheparties to said loose. The ComFinance reported 2 amendments to this item. The 1st was in line 1529 to strike out the words “ receiving pay as entrance money."
Skip Skip The amendment was agreed to. The next amendment was in line 1532, after the word “ perfumances, ” to insert “for admission to which entrance mone is received.” The amendment was agreed to.
The Secretary read the next item, as follows: 33.The proprictor or proprietors of circuses shall pay 8100. very bUl ldlDg.tent. space or area where featsof horsemanshipor acrobatic sportsor the atrical performnnccs are exhibited shall beregardedas acircus under this act: Provided, That no special tax paid in one State shall exem t exhibitions from the tax in another State. And at onespecial tax shall beimposedunder this uctfor exhibitions Within anyone State. The ComFinance reported no amendment to this item.
Mr. GRIMES. I desire to call attention to lthe language of this clause. It reads as fol ows: the proprietor or proprietorsof cirensos shall pay 8100. “very building. tent.spacc or area where feats of liorscmanship or acrobatic s orls or the atricalper formances are exhibited shall 0 regnrded asiioircus under this act. Now, I unfortunately own apiece of ground, and when a circus comes along it generally takes possession of it and performs there. If they go upon a piece of ground belonging to any gentlemen, and set up their tent, and perform on an afternoon or evening, he owning the area or space on which these feats of horse manship are performed becomes, in the eyes of the law, a prorietor of a circus.
Mr. FESSENDEN. It says that “ the proprietor or proprietors of circuses shall pay $100.”
Mr. GRIMES. Yes. air; but then it goes on to say “every building, tent, space, or area where feats of horsemanship or acrobatic sports or the atrical performances are exhibited, shall be regarded as a circus under this act.”
The PRESIDING OFFICER. Does the Senfrom Iowa propose an amendment?
Mr. GRIMES. o, sir; I do not. I simply desire to call the attention of the committee to it.
The PRESIDING OFFICER. The reading of the bill will be proceeded with.
The Secretary read the following items, to which the committee proposed no amendment: 43. Lawyers shall pay ten dollars. Every person whofor feeorroward shall prosecute or defend causes in anypourt of record or other Judicial tribunal of the U.S. pr of any of the States or whose businessit is to give legal advice in relutionfl; any causeor matter whatever shall be deemed to be u lawyer Within the meaningof this act. 44. Physicians surgeons and dentists shall payten dollars. Every persongoxccptapothocarics)whose businessit is or fee nn reward, to prescribe reme dies or perform SurllEdfODOIntiOD!for the cure of any bodily diseaseor ailing shall be deemeda phy‘ sician. surgeon or dentist. within the meaning of is ac. The ComFinance proposed to inI sort after the items last. read the following: 45. Architects and civil engineers shall paytendollars for each license. Every person whose business it is t9 lan. design or superintend the construction of bail in or ships or ofronds or bridges or canals or railro s shall be regarded as an architect and civil engineer under this act: Provided, That this shgllli‘iiot include a practical carpenterwholabors on a uiing.
The Secretary read the next item, as follows: 45.Builders and contractors shall pay ten do Every person whose ine ss it is to construct bni ings, or ships or bridges or canals or railroads. contract, w osareceiptsfrom building contracts oxcced 82,000 in anyone year shall be regarded as builder and contract or under this act.
The PRESIDING OFFICER. The ComFinance propose to change “ fort 5" to “46, ” as the number of ta clause. This change will be made without a vote.
Mr. FESSENDEN. I move to change the word “ships” to “vessels, ” the latter being a more comprehensive term.
Skip Skip The amendment was agreed to. The ComFinance proposed to insert after the item last read the following: 47.Plumbers and gas fitters shall pay ten dollars for eachlicense. Everyererson, fir|n or corporation. whose business it is to t. furnish or sell plumbing materials. gas pipes.gas burners or other gas fix tnres shall be regarded l plumber and gas fitter Within the meaning 0 act. The amendment was agreed to.
The Clerk read The ComFinance proposed to change from “ 46" the number of the next item, namely: 46. Assayers. Assaying gold and silver or either. 0! a.value not exceed infipn one year 850 shall pay $100 and $200when the value exceeds and does not excood $500.00)m. ad when the value exceeds$o00.000.Any person or persons or corporation whose businessor occupation it is to Separate gold and silver from other metals or mineral substances with which such gold or silver or both. am aHOyed.combined or united or to ascertain or determine the quantity of gold or silver in any alloy or combination with other metals shall be deemedan assayorfor the purpose of this act.
The PRESIDING OFFICER. The numbering will be changed without a vote.’ The next item was read, as follows: 47.Miners shall pay ten dollars. Every person. firm or company. who shall employ others in the businessof mining for coal or for gold silver copper load iron, zinc spelter or other minerals. not having paid the tax therefor.asa ninnufactnre ar.nd. no other shall be regardedasa mine runderthis act: Provid. That this shall not apply to any miner whose receipts as such shall not exceed.annuallyI.000. The ComFinance proposed to change the number of the item from “ 47 ” to “ 49.”
The PRESIDING OFFICER. The change will be made without a vote. The next item was read, as follows: 48. Express carriers and agents shall pay ten dollars. Every person.firm.orcompunyengagedin the carrying or delivery of moucy. valuable papers or any articlesfor pay or doing an express business whose gross receipts therefrom exceed the sum of $1,000 pernnnuni shall be regardedas an express carrier: Provided. That but one special tax of ten dollars shall be imposedupon an one person.firm or coin pany. in respect to all t a businessto be done by such arson.firm or company.onucontinuousroute and the paymentof such tax shall cover all business done upon such route b such eNBI’SUIfli, rm or company anywherein the nltsd tastes;and such tax shall be required only from the principal in such business and not from any subordinate: Provide further. That draymcii or toamstors owning onedrny or teamshall not be required to pay such tax The ComFinance proposed to amend this item by striking out 48" and inserting “ 50.”
The PRESIDING OFFICER. That re” quires no vote. The next amendment was to insert the word “only” before “ one, ” so as to make the last proviso read: Prom'ded/urlher.That draymen and tenmsters owning on] one dray or team shall not.be required to pay such tax.
Skip Skip The amendment was agreed to. The next item was read, as follows: 39. Grindersof coffeeor spices shall pay 8100.Any person who manufactures or preparesfor use and sale. by grinding or other process cotfoc spices or mustard, or adultorated coTTcc.spices or mustard or any article or compound intended for use in the adulteration of or as substitutes for coffee, spices or mustard shall be regarded as a grinder of coffee or spices under this act: Provided. That any person who shall roast eoffee for useor saleshall be required to pay the special tax herein imposed upon grinders of coffeeor spices.
The PRESIDING OFFICER. The number of this item will be changed from “49" to “51."
The Secretary read the next clause of the 9th section of the bill, as follows: That section 80 be amended by striking out all after the enacting clause and inserting in lieu hereof the following: that the special tax shall not 0imposedupon apo the carics, confectionors butchors. keepers of eating houses, hotels, inns or taverns. to iucconjsts or retail dealers, exuupt retail dealers in spirituous and malt liquors. when their annual gross receipLs shall not exceed the sum of $1.000a, nything in this act to the contrary notwithstanding: the amount of such annual reccigts to be ascertainedor estimated in such manncrast 0 ComrIntRev shall prescribe and an of all other annual sales or receipts wherethe tax is graduatedby the amount ofsales or receipts; and where the amount of the tax hasbeenincreasedbylaw above the amount paid by any company or has been understate (peorrsounn.dfiermre, sotirmcaotmed, such person firm or company shallbe againmessed and pay the amountofsuoh increase: provided. That when any person.before the passageof this act. has bbeeienngaesqseusasletdofotrhaeliteoe;nshee.rtchien aimmpoousnetd tf hours thases beusssied ness coveredby such license.no special tax shall be assesseduntil the expiration of the period for which each license was assessed. The committee proosed to amend this clause by striking out the words “and so, ” in line 1679, and inserting “as well as the amount of" before “all other annual sales or receipts.”
Mr. SPRAGUE. I should like to inquire of the committee whether it is their intention, in addition to the tax assessed upon manufacturers of 5 or 6%., as the case may be, to oblige them to pay taxes on the sales of their products, as the striking out of this clause wouldlseem to impl.
Mr. FESSENDETI. This is provided for on age 51, and that is the reason it is struck out here. We do not want to provide twice for the same thing.
Mr. SPRAGUE. I should like to understand from the chairman of the committee if it is the intention of the committee, in addition to the% age of 5%. that the manufacturer pays on his products, he shall also pay a tax upon his sales.
Mr. hESSE. DEN. There is no change made in the act of last year on that subject.
Mr. SPRAGUE. Then it is not intended to tax sales; there is no intention of that kind?
Mr. FESSENDEN. There is nothing of that kind in the act.
Mr. SPRAGUE. There was by some members of the HoRep a fear that the provisions of the bill were not clear enough to settle that point.
Mr. FESSENDEN. It is precisely as it was last year; no change.
The Secretary read the next clause of the 9th section of the bill, as follows: That section86 be amended by strikln: out all after the enacting clause and inserting in lieu thereof the following: that any person.firm. coin pan or corporation inanufacturin or producing goo s. wares and merchandise.so] or removedfor consumition or use.upon which duties or taxes are im as by law, shall in their return of the value an nantity. render an accountof the full amount of acuiil salesmadeby the manufacturer, producer, or agent thereof and shall state whether any part and if so what part. of said goods.wares and merchandise has been consumed or usedbyt o owner. owners or agent or used for the production of another manufacture or product. together with the cmoanrskuemt vpatiloune;of the same at the time of such use or whether such goods, wares and mer chandisewereshippedfor a foreign port or consigned to auction or commission merchants. other than agents.for sale; and shall make a return accordln to the value at the place of shipment.when shippe for a.foreign port, or according to the value at the placeof manufacture or production. when removed or useor consumption or consignedto othersthan agentsof the manufactureror producer. The value raenqduqirueadnttoit of the goods.wares and merchandise o Stated as aforesaidshall be estimated by the actual sales made hi the manufactureror byv his axont. And where such goods .wares. andmer edhealinvedrisyohave beenremoved or consumption or for longer toothers or placedon shipboard, or are no within the custodyor centre of th anufae turer or his agent.not being in his factor. Store or wagaerehouse.the valueshall be estimatedat the aver of the‘market value of the like goods.wares and merchandiseat the time when the some boeauielia blo to tax. The ComFinance proposed to amend this clause b striking out “duties or” before “ taxes, ” in me 1727.
Skip Skip The amendment was agreed to. The next amendment was to strike out the words “duty or" before “tax, ” in lines 1789 and 1797.
The Secretary read the next clause, as follows: That sectioncightyeiirhtbe amendedby striking out all after the enncting clause and insertiu in lieu thereof the following: that it shall be the duty of the asst assessor of each district to keep a record.in a bmk orbooks to be provided for the purpose.to be opento the inspection of any personupon reasonable request. of the name of any and every person. firm. company or corporation who may be changedin the manufacture of tobacco snii or cigarsin his district. toucther with the p acc where such manufacture is carriedonand placepf residence of the person or persons engaged therein: and the asst assessorshall enter in said record. under mthoennthalmye of each manufacturer. an abstract of his returns: andeach assessor shall keep asimi lar record for the entire district. The ComFinance proposed no amendment to this clause.
The Secretary read the next clause, as follows: That section 89 be amendedby striking out all after the enacting clause and lfltle ftlllfiin lieu thereof the following: that in all casesw are tobacco. snuff or cigars, of any description are manufactured.in whole or in part. upon commissionor shares or whore the material from which ting such articles are made or are to he made.is furnishedby one party and manufactured by another or where the material 5 furnished or sold by one party With an understautjng or contract with another that the manufactured article is to be receivedin thereforor any part thereof, the duty or tax imposed by law thereon.whenpaid by themanufacturer.may be collectedat thctime or at any time subsequently. of the party for whomthe same wa smadeor to whom the same was delivered. As aforesaid or of the person or party who made the same as the assessorshall deemhostfor the collection of the revenue. And in caseof fraud on the part of either of said parties in respectto said manufacture or of any collusion on their part with intent to defraud the revonuchsuc material and manufacturedarticles shall be liable to forfeitiiro and such articles shall be liable to be assessed the highest rates of ta! or duty imposedby law upon any article belongingto its crude or class. The ComFinance proposed to amend this clause by striking out “dut or" before “tax, ” in line 1845, and by striking out “or duty" after “tax, ” in line 1856, and by striking out “ of ” in line 1849 an inserting “upon.”
The PRESIDING OFFICER. These ver bal amendments will be regarded as agreed to without a formal vote. The committee also proposed to amend the clause by strikin but. in lines 1846 on 1847. the words “when paid by the manufacturers may be collected at the time, or at any time subsequentIly, of” and inserting “ may be assessed upon;
Skip Skip The amendment was agreed to. The next amendment was in line 19 07to strike out “ assessed on or before the time of, ” and insert “held to accrue upon the sale or;” after " manufacture, ” in line 1909, to strike out “and shall be payable at the time of such removal;" and after “ warehouse, ” in line 190. to strike out “but nothing shall exonerate the manufacturer of tobacco, snuff, and cigars from liability to tax in case of sale before such remova13” so as to make the 1st proviso rend: Provided. That the tax imposed n on the manufacturer of tobacco.mud and cicars shall be held to accrueupon the sale or removal from the place of manufacture unless rcmored to a bonded warehouse.
Skip Skip The amendment was agreed to. The next amendment was after “as, ” in line 1919. to insert “may be prescribed by the ComrIntRev subject to the approval of;” and after “Treasury, ” in line 1921, to strike out “may prescribe.”
Skip Skip The amendment was agreed to. The next amendment was after “ cigars, " in line 1933. to strike out “upon which any tax has been paid, either before or after it has been placed in bonded warcliousc;” so as to make t ic clause read: And no drawback shall in an case be allowed upon manufacturedtobacco.snu or cigars.
The clerk read The next amendment was to strike out the following words from line 1950 to line 1956: And the penalties for the fraudulent marking of any box or other package of tobacco snuff or cigars and for any fraudulent attempt to evade the taxes on tobacco snuff or cigars.so inspected. b changing in any manner the packuxc or the mar s shall thereon. of thesameas are provided in relation to distilled spirits by existing laws. And in lieu thereof to insert: And any person who shall affix upon any box or other package containing such to acco snuff or cigars. any mark or stamp which shall be false or fraudulentin an 'of the nrtionlurs beforerecited in this section or s all.wit intent to defraud the U.S or to cause the same to be defrauded. in any manner such slziinpor mark or such box or package so marked or stninped shall bellillpl0 to a fine of not loss than 50 dollars or to imprisonment not exceedingtwo years, for every such offense.
Skip Skip The amendment was agreed to. The next amendment was in line 2,049 to strike out “a book” and insert “ book form.” Tamendment was agreed to. The next amendment was in line 2,000 and hit eight after “ person” to strike out the wor s “furnished With such permit, " and in line 2,060 to strike out “their” and insert “his.” The amendment was agreed to. The next amendment was in line 206s. to strike out “duty” and insert “ tax, ” in line 2,073 to strike out “ and;" and in line 2,075 to strike out “duties” and insert “ taxes.’ The amendment was agreed to. The next amendment was in line 2,079 tostrike out “any” and insert “if, ” in line 2,080 to strike out “ who;" in line 2,081 to insert “ to" before “pay;” in line 2,081 to strike out “duties” and insert “taxes;” after“act, ” in line 2,082, to strike out “or who shall purchase any cigars from any person not holding such permit, the duties thereon not having been paid, shall be deemed guilty of a misdemeanor, and, ” and to insert “he shall;” after “ cigars, ” in line 2,087, to insert “ may be seized by the collector and, ” after “ forfeited, ” in line 2,088, to strike out “ and sold, one 4th for the benefit of the informer, one 4th for the officer who seized or had them condemned, and 1/2 to the Government.” and insert “ to the U.S., ” so as to read: And if such purchasershall neglectfor morethan 15 days to pack and have such cigarsduly in spected, and to pay the taxes thereon accordingtothis parcits.ohneesdhnaolltbe exficeneed dinnogsti exceding $500and be im of the months.at the discretion lector, court and the cigars may be seized by the collectors and shall be forfeited to the U.S.
Mr. FESSENDEN. We have now arrived aIt what seems to be a good place to' stop, and think it would be very hard on the Clerk to go any furtherto da. I propose. therefore, to stop here with this bill today if the Senate is willing.
Mr. CONNESS. I move that the Senate proceed to the consideration of executive business.
Mr. HENDRICKS. I think we might as well adjourn. It is pretty hard work to attend to this bill for so many hours, and I move an adjournment. In! CONNESS. I desire a short executive session for a particular purpose which will only occupy a few moments.
Mr. HENDRICKS. Very well, I withdraw my motion. The motion of Mr. CONNESS was agreed to; and after some time spent in executive session the doors were reopened, and the'Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wsnxssnxv, June 20, 1866. The House met at 12 o'clock in. Prayer by the Chaplain, Rev. C. B. Bors'rox. The Journal of yesterday was read and approved. LEAVE or ABSENCE. On motion of Mr. CULLOM, leave of ab sence was granted to Mr. FmivswoaTn for 2 weeks from Monday last. IOWA LAND GRANT.
Mr. DONNELLY. I ask unanimous consent to report'back from the ComPubLands House bill No. 418, granting to the State of Iowa land in alternate sections maid in the construction of the Iowa Central railroad.
Mr. RANDALL, of pennsylvania. Iobject. SAFETY OF rassnnonits.
Mr. EGGLESTON, by unanimous consent, from the ComCommerce, reported back Senate amendments to House bill No. 477, 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 sala ries of steamboat inspectors, and for other purposes, with the recommendation that they be non-concurred in. The amendments were non-concurred in.
Mr. EGGLESTON then moved that a committee of conference be requested on the disa greeing votes between the 2 Houses. The motion was agreed to. C. T. FAY.
Mr. McRUER, by unanimous consent, introduced a joint‘resolution authorizing the SecyTreasury to settle the account of C. T. Fay; which was read a 1st and 2nd time, and referred to the ComClaims. PUNISHMENT OF CRIMES.
Mr. BOUTWELL, by unanimous consent, introduced a bill to amend an act in addition to the act for the punishment of certain crimes against the U.S., and to repeal the acts thereinmentioned, passed April 18, 1818; which was read a 1st and 2nd time, and referred to the ComForAffrs. NEWMEXICO AND ARIZONA.
Mr. GLOSSBRENNER, by unanimous consent, reported, from the ComPubLands, house bill No. 315, for the relief of the inhabitants of towns and villages in the Territories of newMexico and Arizona; which was ordered to be printed and recommitted to the ComPubLands. (Jonson AT qunniic.’
Mr. SCHENCK, by unanimous consent, offered the followmg resolution; which was read, cons1dered, and agreed to: Resolved, That the ComForAffrs be instructedto inquire into the exedioncyofmnk in: the U.S. consulate at uebeoa salaried officer and report by bill or othervnse. RECONSTRUCTION.
Mr. WASHBURNE, of Illinois. I ask leave of the House to sign my name to the report of the JtComReconstruction. I was absent when it was made. No objection was made. RICHMOND EXAMINER.
Mr. INGERSOLL asked upauimous consent to offer the follownig resolution: Resolved. That the SecyState and the PostMGenl are hereby directed to inform this House why it is that public printing for their respect iivneerD, depts is given to the Richmond Exam a newspaper published at Richmond, Virginia.
Mr. PERHAM, from the ComInvalidPens, to which was referred a resolution of the House in regard to an increase of pensions, with leave to report at any time, reported back the same with an accompanying bill increasingthe pensions of widows and orphans, and for other purposes; which was read a 1st and 2nd time. The bill was read in full. It extends the provisions of the pension laws to provost mar shals, deputy provost marshals, and enrolling officers who have been killed or wounded in the discharge of their duty, and for the purpose of determining the amount of pensions to which such person and their dependents shall be entitled, provost marshals shall be ranked as captains, deuty provost marshals as 1st lieutenants, an enrolling officers as 2nd lieutenants. The bill also proiides for an increase of 2 dollars permonth for each child of deceased soldiers or sailors under 16 years of age, and where there is more than one child and no widow, the pension to such children shall be increased to the same amount that would be allowed underthe foregoing provisions to the widowifliving and entitled to a pension; provided that in no case shall ine re than one pension be allowed to the same person.
Mr. TROWBRIDGE. I would like to ask the gentleman a question which was put to me last night by a soldier who has been wounded and who would be entitled to a pension. I am glad of this opportunity of asking'ihc gentleman if there is any law which demos to an invalid pensioner his pension when he goes into the civil ervice of the Government.
Mr. PERHAM. The law which excluded him has been repealed.
Mr. TBOWBBIDGE. I am very glad to hear that announcement, because there is a great deal of anxiety about this matter.
Mr. PERHAM. That provision of the old law was repealed b the act of Jun'e 6, 1866.
Mr. FARQUHA. I desire to ask the gentleman whether the provisions of the bill which was recommended by the committee of which he is chairman, and which has been passed by the House and is now a law, do not extend a pension of equal amount to all those that be P as named, those who have lost 2 eyes, 2 feet, 2 hands, the
Mr. HARDING of Kentucky. Will the Gentfrom Mhine yield to me for a few moments?
Mr. HARDING, of Kentucky. It will be observed that this bill embraces 2 sections. The 'secoud section provides for increasin under certain circumstances the pensions o widows and orphans; and that is, I think, a very just and proper provision. The 1st section, however, is of a different character, and embraces cases such as have never before been embraced in any pension law. I ask the Clerk to read the 1st section.
The Clerk read as follows: Be it enacted, do, That the provisions of the pension laws arehereb extendedto andmadetoinc nde provost marshals. eputy rovost marshals and on rolling offioerswho have conkilled or woundedin the dischargeof their duties and.for the purpose of determining the amount of pension to which such personsand their dependents shall be entitled. provost marshals shall be ranked as captains, do pty provost marshals as 1st lieutenants and euro ling ofioers as2ndlieutenants.
Mr. PERHAM. hope the gentleman Will not take u all of my time.
Mr. HA DING, of Kentucky. I know this matter has never been fully considered b the House. I want to test the sense of the case in regard to it. I feel it to be my duty to do so. I know that members desire to do justice to officers who are deserving, but not to pension those who are not deserviu. To test the question, I move to strike out a 1st section of the bill.
Mr. PERHAM. I have the floor, and do not yield to the gentleman to make that motion.
Mr. HARING, of Kentucky. Has the gentleman any objection to my moving an amendment? My amendment is to strike out the 1st section of the bill, leaving the 2nd section to stand as it is.
Mr. PERHAM. I cannot yield for that purpose. In answer to what the Gentfrom Kentuckrhss said on this subject. I wish to that the bill does not pension all provost mars als and their deputies indiscriminately. here is no such provision as that in this bill. Many had difficult, delicate, and important duties to perform in arresting deserters and in making enrollment in places where it was exceedingly dangerous to do so. in the border States especially. Some have been wounded and some have been killed;' and the bill only applies to that class of cases. So far as that was concerned the committee were not agreed, and one of the members was directed to offer a resolution to test the sense of the House, and a resolution was passed by a large majority instructing the committee to report the bill which I have just presented. I hope it will pass.
Mr. STEVENS. AsI sent a resolution to this committee some time ago to double these sensions, ldesire to say a single word. No doubt the committee did what they thought for the best, but I am not satisfied with one part i of it. I think the pension for the lowest grade of total disability, 8 dollars, is too low. I do not think in these times any man who comes in under the total disability provision can live with a family at eight doiiars permonth. Eight. dollars was fixe when the pay was cight dollars, and now, when the pay is 16 ol lars, I think the pension should be increased. While I should dislike to embarrass the committee, still I should like to have the sense of the House on a proviso that the lowest pension granted for total disability shall be 12 dollars permonth. Let me have a vote of the House on it.
Mr. PERHAM. I cannot yield for that purpose. I ield to the Gentfrom Missouri.
Mr. PE HAM. I think there is a desire to take the sense of the House on the 1st section. I will therefore yield to the Gentfrom Kentucky [Mr. HARDING] to make that motion.
Mr. HARDING, of Kentucky. In connection with this matter it might be very well to inquire to what extent this granting of pensions should go. There must be some limit to it. Our present pension law goes beyond anything in the history of the world. It seems to have become very popular in this House to extend the provisions of the pension laws further and further. A few days ago this same committee were directed to bring in a general bill to pension all the soldiers of the war of 1812 with iout regard to the wealth or poverty of those soldiers, or anything else. And now, here is a proposition to pension all the deputy provost marshals and enrolling officers, giving them the grades of lieutenant and 2nd lieutenant; a set of men who were not, as a general rule, governed by patriotic impulses, who staid at home and were tempted to seek those places by the inducement of $100 a month an very little duty to be performed. Apart from some individual cases of peculiar hardship, there is no sort of justice in extending the pension laws to them. Now, sir, I had a great mind to offer an amendment in another form, to refer this case back to the ComInvalidPens, with instructions to inquire into the propriety of providing pensions for all the tax payers in the U.S. who are worth only a certain amount.
Mr. PERHAM. Mr. Speaker, I do notyield for any such
Mr. HARSnIipeGs, itioonf. Kentucky. move that as an amendment.
Mr. HARDING, of Kentucky. I move to strike out the 1st section of the bill.
Mr. PERHAM. I yield for that motion, and I now demand the previous question upon striking out the section.
Skip Skip The previous question was 2nded and the main question or cred, being upon striking out the 1st section of the bill. Mr. LeBlOND demanded the yeas and Plays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yens 34, nays 73, not voting 75; So the motion was disagreed to. During the roll call, Mr. Bi‘AMAN said: My colleague, Mr. UP BOiv, is detained from the House y sickness. The result of the vote was announced as above recorded.
Mr. MYERS. I desire to ask a question of the Gentfrom Maine, and, if possible, to offer an amendment. In the early part of the session I introduced a bill and had it referred to the ComPensions, and I hoped to see favorable action taken upon it. One section of that bill provides that death in the service shall be considered death by the service unless the cause of death is brought about by the party himself; and as it has not been reported by tbe committee, I ask to offer it now as a section to the bill under consideration. There are in the country 1000s of widows and orphans of men who died of fever and lung diSease in hospitals and elsewhere who are deprived of pensions because the Pension office virtually requires proof to be made by the applicant that the person dying was a healthy and sound man when he entered the service, instead of placing the burden of proof to the contrary on the Government. In all cases of enlistment a careful examination by a U.S. surgeon is required before the man is mustered in, and if, or example. a man dies of lung disease or typhoid or other fever while in the service, certainly such death should be considered as brought about by the service, whether occur ring in camp or hospital or even on furlough. The proviso to my bill protected the Government against aying any pension where death was brought a iout by the act of the part; and certainly in all other cases the heirs o a soldier, sailor, or marine servin his country and dying in such service should be entitle to a pension.
Mr. PERHAM. This whole subject has been fully considered by the committee, and I must object to any amendment. I demand the previous question.
Mr. STEVENS. I have modified my amendment so as to read: Provided. That the lowest pensionfor total disa bility. where 8 dollars are now allowed shall be 12 dollars If the gentleman does not choose to yield, then I hope the previous question will not be 2nded.
Mr. PERHAM. I cannot yield for that amendment. I do not think that under the instructions of the committee, I should be entitled to do so.
Mr. STEVENS. Then I hope the previous question will not be 2nded.
Skip Skip The question was put upon 2nding the demand for the previous question; and there were ayes 3'2, noes 29; no quorum voting.
Mr. PEltHAM demanded tellers. Tellers were ordered; and Messrs. Srnvnxs and PERHAM were a pointed.
Skip Skip The House divided; and the tellers reported ayes 55, noes 45. So
Skip Skip The previous question was 2nded. The main question was then ordered to be put. The bill was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed.
Mr. PERI I am mtRtv the bill was passed; upon the table, latter motion was agreed t9. DOUBLING PENSIONS. The following resolution had also been reported back by the ComInvalidPens: Resolved That the ComInvalidPens be instructed to inquire into the exped|enc of reportinga bill to double the pensionscause by the gfipalnes of the war with the socalled confederate es.
Mr. PERHAM. I move that the committee be discharged from the further consideration of this resolution, and that the same be laid upon the table. The motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, informed the House that the Senate had passed a JtResolution and bill of the House of the followin titles:JtResolution (H.R. o. 166) to pay the State of Vermont the sum expended for the protection of the frontier against the invasion of Canada in 1864, without amendment; and An act (H.R.No. 127) making appropriations for the support of the Army for the year ending 30th of une, 1867, with amendments, in which he was directed to ask the concurrence of the House. The message further informed the House that the Senate had passed bills of the following titles, in which e was directed to ask the concurrence of the House: An act (S.No.317) to amend an not entitled “An act to amend an act entitled ‘An act to aid in the construction of a railroad and tele graph line from the Missouri river to the pay cific ocean, and to secure to the Government the use of the same for ostal, military, and other purposes, approvedhuly 1, 1862;" and An act (S.No.336) granting lands to aid in the construction of a railroad and tele rnph line from the Columbia. river to Salt ake City.
Skip Skip MESSAGE FROM rm: PRESIDENT. A message in writing from the President, by Mr. W. G. Moons, his Secretary, was received by the House; and the house was further informed that the President had approved and signed JtResolutions of the fol owing titles:JtResolution (H.R.No. 120 to extend to the count ies of Berkeley and efferson, of WestVirginia, the provisions of the act approved July 4, 1864, entitled “An act to restrict the jurisdiction of the Court of Claims, and to provide for the payment of certain demands for uartermaster’s and subsistence supplies furnis red to the Army of the U.S., ” andJtResolution (H.R.No. 143) making an appropriation for the repair of Potomac bridge. CALIFORNIA AND OREGON RAILROAD.
Mr. SCHENCK. I demand the regular order of business.
The Speaker. The morning hour has now commenced. The 1st business in order is the consideration of the bill of the Senate No. 123, granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Port land, in Oregon. An amendment was moved on yesterday by Mr. JULIAN, to strike out of the 2nd section the words “and contiguous thereto” and to insert in lieu thereof the words “and within 20 miles of the line of said railroad.” The pending question was upon an amendment to the amendment, moved by Mr. BIDWELL, to strike out the word “ 20 ” and insert the sword “ 30.”
Mr. BIDWELL. I hope the Gentfrom Indiana [Mr. JULIAN] will withdraw the amendment which he proposed on yesterday, and Twin offer one which I think will meet with hiswiews.
Mr. JULIAN. I decline to withdraw my amendment, at least for the present.
Mr. BIDWELL. I wish to state to the gentleman that if he will withdraw his amendment I will move to insert what he proposes after the word “railroad” in the 2nd section of the l bill, so that it will read, “to the amount of ten sections on either side of said railroad, and within 20 miles from the line thereof.”
Mr. JUL AN. Will the Gentfrom California [Mr. BIDWEIJ] yiel me a few minutes’ time, so that I may make a statement to the House?
Mr. JULIAN. I find that this bill does not consult the States as to the rights given to the companies, nor individuals as to the right of way granted. For the distance of 200 miles it grants a margin of 80 miles within which to select 40 sections permile, an unprecedented provision in an land grant bill that Congress has ever passe. It further provides that coal and iron lands shall be granted, and that all the timber on the gold and silver lands shall also be granted to these companies. It provides no guarantees I for the Government as to any right of trans. portation of troops or munitions ofwar, according to the invariable practice in like cases. Nor does it require any amount of work to be done in a given time, on failure of which the land shall be forfeited. Now, if the Gentfrom California will allow this bill to go to thd ComPubLands we shall be called in 2 or 3 days, prebabl, and I say to him that we have no i unfriendly disposition toward this bill if we can make it conform to the ordinary legislation on this subject. I hope the gentleman will llow the bill to go to the ComPubic Lands, and be considered as other land grant bills. They willgive the gentleman a fair hearing, and report soon after having inserted such provisions as are required.
Mr. KASSON. I wish to call the gentleman’s attention to the fact that that amendment will not effect the purpose which I think he intends.
Mr. BIDWELL. I think there can be no objection to the amendment.
Mr. KASSON. I will state to the gentleman the objection which I think does exist. as the gentleman will find by examination. The bill in its present form provides for granting “ every alternate section of public land designated by odd numbers, to the amount of ten sections permile on each side of said railroad, and contiguous thereto.” The limit is that these lands shall be contiguous to the railroad. Then follows a provision that “ when any of said sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, preempted, or otherwise disposed of, other lands, destgnated as aforesaid, shall be selected by said companies in lieu thereof, within 20 miles of said road.” It seems to me, therefore, that the amendment proposed enlarges, rather than limits, the present provisions of the bill, for by its present terms it requires the land to be contig uous to the road, while the amendment would appear to allow the company 20 miles’ distance in which to select the lands.
Mr. BIDWELL. I can entirely obviate that difficulty, and will do so by moving to strike out the words “and contiguous thereto, ” and inserting in lieu thereof the words “within 20 miles from the line thereof." I am sure there can be no objection to that. Will the Gentfrom Indiana accept this?
Mr. JULIAN. I accept it as a modification of my amendment.
Mr. BIDWELL. I move to amend b striking out in the 13th and 14 t lines of the 2nd section the words “ within 20 miles of said road.” Those words are now surplusage.
Mr. KASSON. The gentleman will permit me to say that they are ngt surplusage, because the bill provides for other lands to be selected in lieu of the ten sections within 20 miles.
Mr. BIDWELL. There are no other lands within that limit. That is the reason wh this language is now surplusagc, and why I desire it stricken out. I ope the amendment will be adopted.
Mr. JULIAN. This House does not know whether there are any other lands or not. If the language is surplusage it can do no harm. I certainly object to striking out those words.
Mr. BIDWELL. I beg to say to the Gentfrom Indiana, with all due respect, that this language will do harm to the bi l if it be allowed to remain, and I will state the reason. lfany of these lands are settled upon by homestead or preemption settlers, or have been granted or reserved by the Government, or if the are mineral lands, we ask, in all good tait, that the company may take other lands in lieu of them. As there are no other lands 'within that limit, we desire to have that language stricken out.
Mr. KASSON. I suppose the gentleman is aware that if that language prescribing a limit be stricken out this company will be left at liberty, in the selection of their lands, to go over the entire States of California and Oregon.
Mr. BIDWELL. By no means. I am willing that a limit shall be fixed. In the grant to the Northern Pacific railroad made in 1864, it is provided that"Whenever prior to said time any of said sections or parts of sections shall have been granted.sold. reserved, occupied by homestead settlers, or re empted or otherwise disposedof, other lands is all be selectedby said companyin lieu thereof, under the direction of the SecyInterior, in el ternate sectionsand designated by odd numbers.not morethan ten miles beyond the limits of said alternate sections." Now we ask for that and nothing more. We want the amendment to cover that precise amount and nothing more. I appeal to this House, is it any more than just to. ask for a provision in this law such as was in the law granting lands to the Northern Pacific railroad, which has not enabled them to begin, much less complete, the construction of that road ‘I I insist on the amendment to strike out “within 20 miles of said road.” To let the words remain would be unjust to the company, and would defeat the objeet of this bill.
Mr. KASSON. I shall spea on this amendment as it is.
Mr. BIDWELL. This is our last morning hour, and I hope the gentleman will not take up all of the time.
Mr. KASSON. The 2nd section is the One which makes the grant to this railroad company of every alternate section of public land designated by odd numbers, to the amount of ten sections permile on each side of said railroad, and contiguous thereto; and when any of said sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, ree‘mpted, or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said compa nies in lieu thereof, within 20 miles ofsaid road, under the direction of the SecyInterior. It grants ten square miles of land for each mile of railroad. They are lim ited to 20 miles on each side of the road, whichniakes 40 miles as the range within which they may go. They have this range all over the public lands. If this clause be struck out, I repeat, then there will be no limit in that entire section to prevent them from going all over the State. Subsequently the bill provides that for 200 miles of said road, most mountaine us and difficult of construction, the lands to be granted shall be double the amount permile hereinbefore provided, designated as herein before provided, to be selected as the SecyInterior may direct. Thus there is no limit at all for those 200 miles as to where those lands shall be selected. It is an entire float. As the gentleman limits me, I merely mention this point to show what precedent it establilshes. tshould be referred to a committee to inquire into it.
Mr. BIDWELL. We have inquired into it, we have inquired around it, up and down, cross wise, and in every other direction. If you do not“ strike out these words the road cannot be built. It is provided where the road is rugged, rough, mountaine us, for 200 miles, the lands granted shall be doubled. I only want them selected as they were authorized in the bill for the Northern Pacific railroad. I do not desire to have any more included in this bill. When you give us every alternate section of land within certain limits designated by odd numbers, if they are all taken up b homestead claims, or are otherwise dispose of, we desire leave to select other sections designated by odd numbers. If we are to be told we may 0 to places where there are no public lands, it amounts to saying that we will pay a man from the money in our hands when there is no money in our hands. Why, sir, the line of this road has been settled for 16 years, and every available acre of good land has been occupied. You wish to restrict us within limits where there are no public lands. Mr.WASHBURNPE, of Illinois. Mr. Speaker, I came into the House just as the bill was received yesterday in the morning hour, and I have had time only to look over one or 2 sections. I should like to have some explanation in regard to the 1st section. It is a departs ore from the principle heretofore observed in granting these ands to a company directly. Is there anything to qualify that?
Mr. PRICE. This House 2 years ago granted lands to a company directly.
Mr. WASHBURNE, of Illinois. I know at the last Congress we voted away eve acre of the public land we could get at, and hope we will not indorse any departure then made from the previously established principle in reference to these railroad grants. If we make any grant of land it should be to the States and not to the companies, and my friend will not 5 insist on passin a grant of 100,000 acres to this company without full consideration.
Mr. BIDWELL. I wish to say to the Gentfrom Illinois that this is the last. day the committee have.
Mr. WASHBURNE, of Illinois. I do not know that that makes any difference. I think the House ought to have sufficient time to consider all of these matters. The bill can go over and be upon the Calendar. I do not see the necessity of pressing the measure. it is a mere donation. Weare the parties who are to make the gift, and letustake time to consider whether it is proper or not. i
Mr. BIDWELL. I am one of the parties to this gift. Iwas in that country before it belonged to the U.S and helped to acquire it. It is a barren and rugged country. The State of California asks for this. I ask the Clerk to read the resolution of the State Legislature of California of 1863, and I thipk I could present resolutions from every Legislature for the last 6, 8, or ten years, if I had the Statutes of the State here.
The Clerk read as follows: “Whereas there having been a company organized in this Stateand anotheriii Oregon, l)othhailing fMour rtyhseviirlle object the construction of a railroad from companies hCaavliinfogrnjoiain.ttloy Peoormtlapnledt, eOdregon, andsaid a survey which demonstrated the practicability ofsuch aline of railroad and believing that such a road, linking itself with the great.Pacific railway is necessary.for the morerapid developmentof theresourcesof this coast, and asa means for the prompt defenseof our inte traiorry by the rapid concentration of troops andmili suppliesin caseof foreignwar or domesticinsur rection: Therefore. “ Be it somblycorenscoulrvreindbgy. the Senate of U.S. That oursonatorsin Congress be instructed.andour cpresentntives requested.to use their influence to procurethe early passageof a law granting national assistance, in rightof way, grant of land and bondsto the companies aboutto under take the construction of said laliforniaand Oregon railroad, in the same manner a aid has heretofore been extendedto the Central Pacific Railroad Company.
Mr. BIDWELL. I ask the Clerk to read also the resolution of the Legislature of Oregon.
The Clerk read as follows: “Ifemlued by the Home.(theSenntoconcurring.)That our Sens&Reps in Congressbe requestedto usetheir influence to obtain from the U.S. grants of land floating laud warrants, or direct pecuniaryaid equal to such grantsmadeto any other State.to aid in the construction of a railroad from the north line of the state of California, through the Willamette valley. to somepoint on the Columbia river: and also to obtain the same aid. in proportion to distance, as is grantedto the overland railroad. for the purpose of constructing a branchof said read from a point. at or near Salt Lake City, through Idaho. to and down the Columbia river."
Mr. STEVENS. If I understand aright the motion of the Gentfrom California, it is to strike out the restraining clause which was inserted by the committee, to confine the company to lands within 20 miles on each side of the road. Now, sir, that is the principle which we have adapted, and which the committee have laid down.
Mr. BIDWELL. Let the gentleman, then, move an amendment. He is mistaken as to thiiprovisions of the bill.
Mr. STEVENS. No, sir; the bill allows them to go be ond the 20 miles.
Mr. BIDW LL. I am willing that the bill shall be modified so as to limit it just as the Northern Pacific Railroad Company was lim ited.
Mr. STEVENS. I understand this grant to be unlimited. It is notproposed that they shall be restricted to 20 miles. That is the usual provision. Does the gentleman propose to enlarge it?
Mr. BIDWELL. No, sir. I will stale to the Gentfrom Pennsylvania that these sections are to be selected within 20 miles of the road. Now, sir, the line of this road has been settled for 16 years. Every valuable section has been taken up. We only ask to be permitted to take up the other lands within 20 miles of the road.
Mr. STEVENS. The gentleman, then, proposes to get these lands beyond the usual imits.
Mr. BIDWELL. Ten miles beyond; they can only go that distance.
Mr. STEVENS. Then the limit is fixed beyond 20 miles. The motion is to strike that out. I cannot vote for that motion, for this reason 2 there may be other railroads desiring lands in that portion of the country, and if you allow one road to absorb all the land, you will cut off all others. Now, sir, I do not object, as some of my friends do, to giving land to railroad companies. We have hereto fore given it to companies instead of States. We gave it to Illinois and to other States, and I cannot seewhy Congress cannot give itdirectly to the company as well as to the State. We can judge of the matter as well as the State Legislatures can. They have Representatives here. But, sir, the public lands are given now to whoever chooses to take them; we do not propose to sell a dollar’s worth of public land; if the people choose to settle on the public land: we 0 not charge them a cent. I object decidedly to the taking off of this restriction upon the railroad company so as to enable them to go, in the selection of their lands, beyond the usual limit.
Mr. BIDWELL. I will modify my amendment so as to make it conform to the provision made in the North Pacific railroad, which I read a few moments ago. I move to strike out the word “ 20, ” in line 13, and' 'insert “ 30, ” so as to give the company ten miles more.
Skip Skip The question was put; and there wereayes 27, noes 85; no quorum voting.
Mr. BIDWELL demanded tellers. Tellers were ordered; and Messrs. Browns and MARSHALL were appointed.
Skip Skip The House divided; and the tellers reported ayes 19, noes not counted. So the amendment was rejected.
Mr. RANDALL, of pennsylvania. Irise to a question of order. I desire to know ifI can make a motion similar to the motion made yesterday, in reference to 2 bills of a similar character, namely, to refer the bill to the ComPubLands. It seems to me that there should not be 2 policies in reference to this question. This bill does not differ in any respect except that it is a larger bill and more sweeping in its character from those which were referred yesterday to the ComPubLands. It seems to me about time that Congress should cease this indiscriminate distribution of the public lands; and if it be not inappropriate, I would also add that it is about time that Congress ceased this reckless expon. diture of the public money.
Mr. BIDWELL. I must make a point of order on the gentleman.
Mr. RANDALL, of Pennsylvania, Well, then, I submit in motion to recommit. The SPEAK "R. If the Gentfrom California yields for that purpose the motion can be entertained.
Mr. BIDWELL. purpose. I desire to make one further remark in ref erence to this measure. If it be the determi nation of Congress to refuse to encourage the buildiii of railroads upon the Pacific coast, after it as encouraged the building of the m in all the western States, and to make an unjust discrimination against us, then I desire to know it. I believe that if the members of the Hou'se understood the merits of this bill there would be no trouble; but for some strange reason it is impossible to have them understand it. The bill has been pending for more than 4 months, and if there is anything wrong in iIt do not wish them to vote for it. The land which it grants is of no value to the U.S. without such earthly a run as this; and if it. should ever have any Value, it will be because of the building of this road. If gentlemen wish to stop the development of the resources of that country, I Wish to know it. There never has been a railroad bill introduced into this or any other Congress With greater safeguards than are thrown around this bill. There never has been a grant of lands I do not yield for that made so small in proportion to the magnitude of the work to e accomplished. It is not simply to build a railroad over this wild, rug ged country, where mountains more than 6,000 feet high are to be scaled
Mr. WASHB RNE, of Illinois. Will the gentleman allow me a moment?
Mr. BIDWELL. To askaqnestion, but not to make a speech.
Mr. WASHBURN E, of Illinois. I would ask the gentleman what is the number of acres of land granted b this bill.
Mr. BIDWEL. About ten or 11 million acres of lands.
Mr. WASHBURNE, of Illinois. Is that all?
Mr. JULIAN. I would ask the Gentfrom California if this bill ddes not grant 40 sections permile for 200 miles of the route, with liberty to find them in a margin of80 miles wide, and with the privilege of taiing all the cook iron, and timber?
Mr. BIDWELL. There is no coal, or timber of any consequence on a great part of these lands. The gentleman must be opposed to this measure or he would not attack that portion of the road which has to go over the rinity mountains, the Scott mountains, and the Siskiyou mountains, the 1st range being 4,000 feet, the 2nd range being 4,000 feet, and the 3rd range being over 6,000 feet high.
Mr. HENDERS N. Will the Gentfrom California [Mr. BIDWELL] yiel to me for a few moments?
Mr. BIDWELL. I will yield for 2 minutes.
Mr. HENDERSON. I merely want to say that this road is of great interest to the people of California and regon, the inhabitants of the Pacific coast especially. We have not asked congress to rant large sums of money to buil this roa. Not long since we voted 5 or 6 million dollars to make a canal around Niagara falls, and we have voted other sums to make improvements on this side of the continent. We ask for no money, only for a little of the public lands. The public lands on this side of the continent are all exhausted; and members do not ask for land, but they ask for the cash of the Government, and we vote to give it to them. Now, we ask for a small amount of public land, which is all important to us, and members here ap ear to be perfectly horrified at the mere idea 0 granting Pand, not, an amount sufficient to build the road, but merely to give it a start. I will not occupy the time further, as the Gentfrom California desires action.
Mr. BIDWELL. I now call the previous question.
Mr. WASHBURNE, of Illinois. I he ethe previous question will not be secondeg. I would like to say one word in reply to the Gentfrom California.
Mr. RANDALL, of Pennsylvania. to offer an amendment to this bill.
Mr. JULIAN. I move to refer this bill to the ComPubLands.
The Speaker. The motion to refer is not now in order, pending the call for the previous question.
Mr. WASHBURNE, of Illinois. Will the Gentfrom California withdraw that call or a few moments if I will renew it?
Mr. BIDWELL. I must insist upon mycall for the previous question.
Skip Skip The question was taken upon 2nding the demon for the previous question; and upon a divisiou there were ayes 30, nocsp 60 two. So The previous question was not sec‘onded.
Mr. RANDALL, of Pennsylvania. I now more to refer this bill to the ComPubLands; and upon that motion I call for the previous question.
Mr. BiDWELL. If that motion is carried I shall move to abolish the ComPacificRR, for I do not see that there will be any use for it.
Mr. RANDALL, of Pennsylvania. I will yield to the Gentfrom California the same I desire amount of time heallowed me yesterday 3 minutes.
Mr. RANDALL, of Pennsylvania. Well, I will yield to him for 5 minutes.
Mr. BIDWELL. I will read the rule I read a short time since in relation to the ComPacificRR; and I do hope gentlemen will listen to it. If this bill has not yet been fairly considered in that committee, why not move to recommit it to that committee?
Mr. RANDALL, of Pennsylvania. If the Gentfrom California desires an answer to that qnetion [will give it. ltis proper that this House should have some fixed policy in reference to the public lands and the manner of donatin them. All the other of these land grant bills iave been referred to the ComPubLands, and there is no propriety in making a distinction between this bill and those which have receded it. That is the reason why I make the motion to refer this bill to the ComPubLands, so that the committee may examine all these bills at once. But the gentleman says this reference will kill the bill. On the contrary, I understand from the chairman of the ComPubLands [ML Jcuss] that he will probably have an opportunity of reportin all these bills within a few days; and there ore there is additional proriety in making this reference.
Mr. BlDWELL. Iask the Clerk to read the rule in regard to the appointment and the duties of the ComPacificRailroad.
The Clerk read as follows: “ There shall beappointed at the commenccmont of eachCongressa ComPacificRailroad, to consistof 9 members. It shall be the duty of thesuid committeeto take into consideration all such petitions and mattersand things relative to railroad or telegraphlines betweenthe Mississippi valley and the Pacific coast as shall be presentedor shall come in question, and be referred to thein.by the House. 'in to report their opinion thereon. together With such propositions relative thereto as to them shall secmexpedient."
Mr. JULIAN. I now ask the Clerk to read the rule relative to the jurisdiction and duties of the ComPubLands.
The Clerk read as follows: "There shall be appointedat the commencement of each Conzrqssa ComPubLands, to consist of 9 members. It shall be the duty of the ComPubLands totake intocon siderution all such petitions and matters or thinzs respectingthe lands of the U.S. as shall be presented or shall or mu come in question and be referredto them by the house and to report their opinion thercon.togetherwith such propositions for relief therein as to themshall seemexpedient."
Mr. BIDWELL. That rule does not say anything about railroads between the Missis si pi valley and the Pacific coast, while the 05101‘1'ul8 does. And this bill relates to a railroad between the Mississippi valley and the Pacific coast.
Mr. RANDALL, of Pennsylvania. I yield to the Gentfrom Illinois, [Mr. wASHBURNE.]
Mr. WASHBURNE, of Illinois. I only desire to say that it is evident that both these committees have jurisdiction of this subject. The ComPubLands has just as much jurisdiction of the subject as the ComPacificRR. For the reasons stated by the Gentfrom Pennsylvania
Mr. RAMmLLf I am in favor of referring the bill to the ComPubLands, because it is desirablethat we should have some ‘UfllfOfln policy on this subject, and a similar bill has already been referred to that committee.
Mr. RANDALL, of Pennsylvania. I now demand the previous question.
Mr. BAN IS. Mr. Speaker, is it in order to move to recommit the bill to the ComPacificRR?
The SPEAKER. It is not at the present time.
Mr. BANKS. Is it not in order to move to amend the motion of the Gentfrom Pennsylvania? I
The SPEAKER. It is not, while the call for the previous question is pending.
Mr. ANKS. I ask the Gentfrom Pennsylvania to withdraw that call.
Mr. RANDALL, of Pennsylvania. not consent to do that.
Mr. BANKS. Will the gentleman yield to me that I may saya word on this subject?
Mr. RANDALL, of Pennsylvania. I will yield to the gentleman for a moment.
Mr. BAN S. Undoubtedly both committees, under the rules, have jurisdiction of this question. But the bill has already been referred to one committee, altogether appropriate the ComPacificRR. The railroad is the general subject; the grant of lands is an incident. That committee may have misunderstood heretofore the temper of the House on this question and the general course of legislation upon this subject; but from the discussion which has taken place the committee has had full opportunity to ascertain what the House desires. Hence, if the bill is to be again referred, it ought in justice to the committee, and in accordance with the rules of the House. to be recommitted to the ComPacificRR.
Mr. RANDALL, of Pennsylvania. In reply to the Gentfrom Massachusetts, [Mr. BANKs] I would say that I do not know whether the ComPacificRR will have an opportunity to report again this session. think that the best course for the friends of the hill is to allow it to go to the ComPubLands.
Mr. BANKS. The friends of the bill desire that it shall not be referred to the ComPubLands, while the opponents of the bill wish it to have that reference.
Mr. PRICE. I ask the Gentfrom Pennsylvania to ield to me.
Mr. RAN DAL 1, of Pennsylvania. I believe I must insist on the demand for the previous question.
Mr. BIDWELL. I trust the gentleman will yield to me.
Mr. RANDALL, of Pennsylvania. I will yield to the Gentfrom California, because he has charge of the bill.
Mr. BID VELL. Mr. Speaker, my reason for objecting to a reference of this bill to the ComPubLands is because it up ears to me that the ComPacificRR is the appropriate committee. Being a member of the utter committee, I feel that to take the subject out of our hands now and refer it to another committee would be a reflection upon myself and all the other members of that committee. It is a pleasure to a man to give of his own free choice that which he can afford to give, but no man likes to have taken from him by force that which rightfuily belongs to him. if it be in order, Mr. Speaker, I would move to refer this bill to a JtCommee consisting of the ComPacificRR and the ComPubLands. I am willing that the 2 committees shall consider the subject jointly. I am ready to compromise in this we.
The SPEAKER. Th‘at would be an unusual motion.
Mr. RANDALL, of peniisylvania. I desire to say to the Gentfrom California that hissupposition as to an intended reflection upon the ComPacificRR is entirely gratuitous. In submitting my motion, I desired to make no reflection upon the mar mittee. I made the motion in strict accordance with what I deem to be the settled judgment and policy of the House. I renew the demand for the previous question.
Mr. BIDWE L. Why not recommit the bill to the ComPacificRR, with instructions?
Mr. SPALDING. I object to debate, pending7the demand for the previous question. I‘he previous question was not 2nded. there bein ayes 24, noes 69.
Mr. STEVENS. I move to amend the motion of my colleague [Mr. RANDALL] so as to provide that the bill be recommitted to the ComPacificRR; and on that motion I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment of Mr. Srnvnn's was agreed to. The motion of Mr. RANDALL, of Pennsylvania, as amended by the adoptionof the motion of Mr. S'rnvnns, was agree to. So the bill was recommitted to the ComPacificRR.
Mr. wASHBURNE, of Illinois, mtRtv the motion was agreed to; on the table. agreed to. NORTHERN KANSAS RAILROAD.
Mr. LOAN stated that he was directed b the committee to move the followmg amen ments to the substitute: Page 10, strike out sectionfour. Page ll. sectionsix. line two, strike out the words "aPnadgeits extension." 12.section 8. line 7.strike out the words “one your.” and insert in lieu thereof "six months." The amendments were agreed to.
Mr. LOAN. Mr. Speaker, this bill can easily be understood. It will require but a few moments to ex, lain it so the House will be able to comprehend the object intended. It is proposed by this bill to effect a junction with the Union Pacific railroad by a road commencing at Elwood, in Kansas, running westwardly via Maryville, in the same State.
Mr. WILSON, of Iowa. moved that the House proceed to business upon the Speaker’s table. The motion was agreed to. DIRECT TAXES.
The Speaker laid before the House a message from the POTUS transmitting, in compliance with a res olution of the House. information as to the collecting of direct taxes in the States whose inhabitants participated in the rebellion; which was referred to the ComWays&Means, and ordered to be printed. SALE OF GOLD.
The Speaker also laid before the House a communication from the SecyTreasury in re 1y to a resolution of the House in re rd to o (1 sold since February 1, 1866, by whom sol, &0.
Mr. WILSON, of Iowa. I offer the following resolution, and demand the previous question: taRryesooflved.That the communication of the SecyTreasury Just announced tn be the House, referred to rency. the ommittecon Banking&Cur With instructions to facts inquire fully into all the commaintdteset.aatlseomienntustihreereincontained: and that the purchasedfor the whetherany gold has been uary.16t'5. Treasury sincethe lat da of Jan the amount of such purchase. y and of whom made, the amount of premiumwphaoidm. the compensationallowed the person acting for the dGaotveesrnment: also that the committee report the and amountsof the several salesof goldmade sincethe 1stday of annary, 1866t.he namesof the purchases.the amounts purchasedby each the time of gurchnse and all the circumstancesattending such purchases and amount paid the agent of the Treasury; that the committee have power to send faofrt personsand papers and shall report the results 0 inquiry hereby directed to the House With such recommendationsas may be doomed proper for the interestsof the Government.
Mr. LeBlOND. I do not know what there is in this resolution. It implies certain things have taken place of which the House is not advised. I0not see why we should be called on to give power to this committee to act in Ithfis manner unless there be good reason for it. the gentleman can give us any reason for pursuing the course the resolution indicates I shall vote for it; but blindly in this House reflecting on certain officials I shall not vote.
Mr. wILSON, of Iowa. I do not think there is any reflection in it. For some time past there have been statements made in the news Eapers in relation to transactions in gold and Ifends by the Treasury Dept or its agents. what has been alleged in relation to these transactions is true the country ought to know it. If the allegations are not true, as I understand the SecyTreasury to insist. it is due to him that we should.know it, and for that purpose we should have a report of a committee of this House charged specially with this subject, so that we may understand whether the charges have any foundation or not.
r. ELDRIDGE. What charges does the gentleman refer to?
Mr. WILSON, of Iowa. If I should under take to specify them I would have to state the contents of many articles in the NewYork apers, and I could not do it perhaps in an our.
Mr. LeBlOND. Does the report of the SecyTreasury furnish any light on the subject?
The Clerk read the report, as follows: TREASURYDEPT.June 19.1866. DEAR Sin: In answer to the following resolution of the HoRep.adoptedon the 4th of June, instant namely: "On motion of “
Mr. RANDALL, of Pennsylvania. I ask the Gentfrom Iowa to yield.
Mr. RANDALL, of Pennsylvania. I cannot myself object to any investigation whatever which proposes to hold to astrict account ability public officers. If they have done wrong theyi must be condemned; if they have done right they will be commended. I believe from what information I have that the SecyTreasury will not suffer from this investigation; but whether he will suffer or notis not material. All such investigations should be made f there be a doubt in regard to the proriet ot‘the conduct of the public oficers, and be c the Gentfrom [own will extend this investigation, not only to the Treasury Dept, but to other Depts of the Government, so that the parties who have been foraging through the South, having permits to take and to sell cotton, may also be broughtto public gaze and their conduct also exposed. I would also like the gentleman’s resolution to reach so that we may know every one of the public defaulters during the last 4 years. I think it is just that the people should know who these people are who have robbed the public Treasury from time to time. I am glad to see a disposition in this House to ferret out that which is wrong and exose it. I hope, therefore, there will be no 0 jcction to the investigation proposed by the Gentfrom Iowa, [Mr. Illinsom]
Mr. WILSON, of Iowa. Iecrtainly am re ared at any time to join the Gentfrom Pennsylvania in instituting investigations into the conduct of any Officer. no matter who he may be, against whom anythingis alleged. I am not, in this resolution, alleging anything against the SecyTreasury; and the reference of this subject to the ComBanking&Currency is a proper one. The subject to which the Gentfrom Pennsylvania refers would require a special committee, because the field is too wide for a regular or standing committee of this House to attend to.
Mr. LeBlOND. I simply wish to add one word. I do not desire to screen any public Officer. I believe in a full and complete examination of everything that belongs to the public Depts. But the resolution that has been offered is based upon newspaper accounts. If this House is going to raise a committee upon every charge that is made against public officers where there is some plausible reason for the truth of the statement the time of every member of the House will be taken up in investigating committees. These charges are numerous enough. The public press of my State has made a charge oven aeainst me that on last Monday week when tie vote was taken on the question in regard to the confinement of JeffersonDavis I dodged it. The truth was, I was detained in NewYork on account of the sickness of my wife. It I had been here I should have voted with my Democratic friends. Now, I suppose it would be proper to raise on investigating committee in many cases, but I do not believe in raising such committees in all cases where newspaper editors see fit to make these charges. That is the only ground upon which I raise an objection.
Mr. WILSON, of Iowa. This resolution does not provide for a select committee. It refers this subject to an op propriate standing committee of this House. Tthink the Gentfrom Ohio [Mr. Li: BLOND] is undersome obligation to me for affording him an pppor tunit to explain his absence on the occasion to which he refers. Probably his speech was intended more for the purpose of making that explanation than anything else. I now hope the resolution will be adopted. The question being taken on the resolution, it was agreed to.
Mr. WILSON, of Iowa, mtRtv the resolution was agreed to; and also moved to lay that motion on the table. agreed to.
Mr. WILSON, of Iowa. I move that the communication be printed. The motion was agreed to. CONDUCT OF THE WAR. The next business on the Speaker’s table was the following concurrent resolution of the Senate: Resolvedby the Senateof the U.S., (the HoRepeoncurring.) That there be printed for the useof the membersof the 39th Congressof the reportsof Major GeneralsW. T. Sherman. GeorgeH. Thomas. John Pope. J. G. Foster, A. Pleusonton and E. A. Hitchcock. made to the JtCommee on the conduct of the war, together With such reports as may be received, by the commencementof the next session of Congress. the same number and in the same style as were printed of the reports heretofore made by the said committee.
Mr. JULIAN. I move that the House concur in the resolution. The motion was agreed to.
Mr. JULIAN mtRtv taken; upon the table. agreed to.. PARIS EXPOSITION. The next business on the Speaker’s table was House JtResolution No52, to provide for the expenses attendiu the exhibition of the products of industry.oi the U.S. at the Exposition at Paris in 1867, returned from the Senate with an amendment thereto in the nature ofa. substitute.
Mr. BANKS. I move that the House non-concur in the amendment of the Senate and ask for acommittee of conference.
Mr. WASHBURNE, of Illinois. I would ask if the amendment of the Senate makes an appropriation. If so, thcbill must be considered in the ComWhole on the state of the Union.
Mr. BANKS. I understand the difference between the 2 bills to be that the appropriation of the House was in currency and that of the Senate in coin.
Mr. WASHBURNE, of Illinois. That is a very substantial difference with gold at 150.
The Speaker. The Chair is of opinion that the Senate’s amendment does contain an appropriation.
Mr. BANKS. The question of appropriation does not arise at this stage. I move a non-concurrence.
The Speaker. The 'Chair thinks it contains an approiriation, and must therefore be 1st considere in the Congress the Whole.
Mr. WASHBURNE, of Illinois. Otherwise such a bill would never go to the ComWhole, and the ru e would be evaded.
Mr. BANKS. I move that the House resolve itself into ComWhole 0n the state of the Union, and that it consider the Senate amendment and non-concur therein.
Mr. BANKS. I only wish that the House non-concur, believing that an arran ement can be made between the 2 Houses w iioh will be 88
The SPEAKER. The Chair sustains the point of order that this must go to the ComWhole.
Mr. BANKS. I move that the rules be suspended for that purpose. The question cing taken on the motion to suspen‘ the rules for the purpose of going into ComWhole on the state of the Union, there were a cs 53, noes 40.
Mr. WASHBURN, of Illinois. I demand tellers. Tellers were ordered; and the Speaker ap oiuted Messrs. Baxxs, and Wiisuiiuan'i: of Illinois.
Skip Skip The House divided; and the tellers reported aycs 61, noes 85. Mr. WASHBURNE, of Illinois. I demand the yous&nays. T ic yeas&nays were ordered. The question being taken, it was decided in the affirmative fleas 75, nays 39, not voting 68;. So the rules were suspended, and the House resolved itself into the ComWhole on the state of the Union, (Mr. Ponnuov in the chair.) “'INNEBAGO RESEHVATION NBBHASKA. The 1st business on the Calendar was Senate bill No. 121, to provide for the enlargement of the Winnebago reservation, in the Territory of Nebraska, and for other purposes.
Mr. wASHBURNE, of 11 ine is. I ask that the bill may be read.
Mr. BANKS. I move that this bill be laid aside, so as to take up the JtResolution in regard to the Paris Exposition. Tin WASHBUIi NE, of Illinois. I think I have a right to call for the reading of the bill.
The CHAIRMAN. The Chair is of opinion that the question must be taken at once upon the motion that this bill be laid aside.
Mr. BANKS. I do not desire to consume I object any time upon this subject, and therefore I shall move that the House non-concur in the amendment of the Senate to the JtResolution relative to the Paris Exposition. It need not take much time to get through with it, unless the Gentfrom Illinois [Mr. Wasn nr msis] insists upon having all these bills read.
Mr. wASHBURNE, of Illinois. I am opposed to this resolution ab in itio, and I desire to have it defeated by every honorable means. It has come back from the Senate with an appropriation of $25,000 in gold added to the enormous appropriation which was made by the House. And7 now the Gentfrom Massachusetts Mn BANKS] wants to subordinate all other legislation to this Johnny Cra and expedition.
Mr. BANKS. I be permission to say simply that I am opposed to the amendment of the Senate, and shall move that the House non'concur in it. Although the Gentfrom Illinois [Mr. wssusussn] has a right to o pose the jouit resolution, it is questionable whether he has a right to consume so much of the time of the House in doing so.
Mr. WASHBURNE, of Illinois. This is not a consumption of time of my seeking. But the Gentfrom Massachusetts [Mr. BANKS] seeks to get an advantage over every other bill upon the Calendar in order that he may force through his Paris Exposition res olution. Now, as we are in ComWhole, I desire that other bills on the Calendar shall have an equal chance with that JtResolution. In my judgment there are other bills of far more importance than that.
Mr. BANKS. Is my motion in order to lay this Yinnebago reservation bill aside for the present?
Mr. BANKS. Then I hope the question 'will be taken.
Mr. wASHBURNE, of Illinois. Have I not the right to have the bill read?
The CHAIRMAN. The Chair will read the rule on that subject: “In ComWhole on the state of the Union. the bills shall be taken up and disposed ofin their order on the Calendar: but when 0 jection is made to the consideration of a bill. it majority of the committee shall decide without debate, whether it shall betaken up and disposedof or laid aside.” The Chair holds that the question must be taken at once upon the motion to lay this bill aside.
Mr. BANKS. I hope the committee will lay it aside.
Mr. WASHBURNE, of Illinois. How can the committee determine whether to lay it aside or not unless they know what is in the b1?
The CHAIRMAN. The title of the bill discloses the subject to which it relates.
Mr. HARDING, of Illinois. What is the question before the committee?
The CHAIRMAN. The question is upon the motion of the Gentfrom Massachusetts [Mr. BANKS] to lay aside Senate bill No. 121.
Mr. HARDING, of Illinois. I ask that that bill be read.
The CHAIRMAN. The Chair has just decided that the vote must be taken at once upon the motion to lay the bill aside.
Mr. HARDING, of Illinois. Then I a penl from the decision of the Chair. I hol that I have a right to have the bill read, in order to’lcnow what it is I am called upon to lay 88k 8.
Mr. SPALDING. What is the title of the bill that it is moved to lay aside?
The CHAIRMAN. An act to provide for the enlargement of the Winnebago reservation in the Territory of Nebraska, and for 'other purposes. It
Mr. STEVENS. It is very important that that bill should be passed at once, [laughter] and I hope the committee will consider it now, and not lay it aside.
The CHAI tMAN. Au appeal having been taken from to decision of the Chair b the Gentfrom Illinois, [Mr. Hmmso, the l ] 1st question is, Shall the decision of the Chair stand as the judgment of the committee?
Mr. STEVENS. Let me understand the question. Does the Chair decide that it is not necessary to read the bill before the vote is taken upon the motion to lay it aside?
The CHAIRMAN. The Chair rules that the vote must be taken at once upon the motion to lay the bill aside, without debate and without reading the bill. And the question now is, Shall the decision of the Chair stand as the judgment of the committee?
Skip Skip The question was taken; and there were, upon a ivision ayes 66, noes 16; no quorum voting. Tellers were ordered; and Mr. BANKS, and Mr. Wssummxs of Illinois, were a pointed. The committee again divided; an the tellers reported ayes 76, noes 11; no quorum voting, and the tellers resumed their seats. The CHAIRMAN announced the vote asayes 85, noes 11. Mr. WASHBURNE, of Illinois. The Chair is in error; the vote was ayes 75, noes 11; and the rule requires that when the committee finds itself without a quorum the roll of members’ names shall be called.
Mr. ANCONA. I call for a new count, as there seems to be some error.
The CHAIRMAN. There is some misun derstanding as to the count by the tellers. If there is no objection, the Chair will direct the tellers to resume their stations, and the question will be a ain put to the committee.
The CHAIRMAN. Then the Clerk will call the roll. The roll was accordingly called; and the following members failed to answer to their names: Messrs.Alley. Anderson.James M. Ashley, Bergen, Bidwcll. Blow. Brande ee. Chanler Render W. Clurke.Sidnc Clarke, CoxhbC, olfroth, Conkling, Cul vcr, Darling. cfrees. Delano. Ecklcy, Farnsworth, Ferr. Grinnell, Griswold Hale, Ilnrris. l Inrt. llill. lIoteikiss, Edwin N. Hubbell Hulburd, Johnson, Jones, Kerr Laflin, William LGWI'CIK‘D, McIndoc, McKee, Miller, Morris, Moulton, Nicholson. Nocll, Patterson.Phcl)5, Pike, Plants. Redford Raymond, Rogers. Boss. 1 ousscau, Scofleld, Shun lin. Sloan. Smith.Starr Taylor.Thayer.John L.Th omns, Upson, Burt Van Horn. Ward, Whaloy, Williams. W good bridge and Wright. The committee then rose; and the Speaker havin resumed the chair, Mr. Postznor reports that the ComWhole on the state of the Union, having had under consideration Senate bill No. 121, to provide for the enlargement of the Winnebago reservation in the Territory of Nebraska, and for other purposes, and finding itself without a quorum, ad directed the roll to be called and the names of the absentecs‘to be reported to the House.
The Speaker stated that a quorum having answered to their names, the committee would resume its session. The committee resumed its session, (Mr. POMEROY in the chair.) The question recurrin of the Chair stand committee?
Mr. BANKS. I call for tellers. Tellers were ordered; and Mr. BANKS, and Mr. Wssnnonss of Illinois, were appointed. The committee divided; and the tellers reported ayes 85, noes 16. So the decision of the Chair was sustained. The question recurring on the motion of Mr. Basics that the bill (S.No.121) be laid aside, the motion was agreed to ayes 68, noes 37. WYANDOTTE TRIBE of INDIANS. The next business on the Calendar was House bill No. 432, for the relief of the Wy and otte tribe of Indians.
Mr. BANKS. I move that this bill be laid aside.
Mr. ROSS. I trust that this bill will be taken up and passed. It is a bill of some importance
The CHAIRMAN. Debate is not in order., The motion of Mr. BANKS was agreed toayes 71, noes 34. 0, Shall the decision as the judgment of the INDIAN DEPREDATIONS IN IOWA. The next business on the Calendar was House bill No. 805, for the relief of the citizens of Iowa, for damages sustained by reason of dep redations andinjuries by certain bands of Sioux Indians.
Mr. BANKS. I move that this bill be laid aside. The motion was agreed to ayes 69, noes 25. BOUNDARY SURVEY OREGON AND IDAHO. The next business on the Calendar was House bill No. 251, entitled “An act providin for the survey of the boundary between the erritory of Idaho and the State of Oregon.”
Mr. BANKS. I move that this bill be laid aside. The motion was agreed to ayes 68, noes 26. APPROPRIATION FOR SANITARY PURPOSES. The next business on the Calendar was Jtresolution R. No. 121) to place fun 5 in the hands of the ComrPubBldg for sanitary purposes. Mr. BANKS. I move that this bill be laid aside. On the motion, there were ayes 72, noes 6; no quorum voting.
The CHAIRMAN, under the rule, ordered tellers, and n ointed Mr. BANKS, and Mr. Wasnnunxn oiiglline is. The committee divided; and the tellers reported ayes T2, noes 23. So the motion was agreed to. RESTORATION op INSURRECTIONARY STATES. The nextbusiness on the Calendar was House bill No. 623, to enable the States lately in rebellion to re ain their privileges in the Union.
Mr. STEVENS. Mr. Chairman, on this bill, which I reported, I claim the right to the floor.
The CHAIRMAN. The Chair decides that an objection to a bill takes recedence of any motion in relation to the bill, and that a member rising to object to a bill has the right to the floor. Does the Gentfrom Tenn sylvania rise to object to the consideration of the bill?
Mr. STEVENS. This is a bill which I reported, and I desire that it shall be considered.
The CHAIRMAN. The ruling of the Chair is that the Gentfrom Massachusetts, [Mr. BANKS] rising to object, has the right to the oor.
Mr. BANKS. The Gentfrom Tinn sylvania will allow me to suggest that I have the precedence under the practice and rules of the House, 1st, because I moved to go into the ComWhole; 2ndly, because I rise to object to the consideration of the bill; and 3rd ly, because I 1st addressed the Chair.
Mr. STEVENS. I 1st rose to address the Chair.
The CHAIRMAN. The Clerk will read the rule.
The Clerk read as follows: "In ComWhole on the state of the Union the bills shall be taken up and disposedof in their order on the Calendar; but when obgection is madeto the consideration of a bill a maionty of the committee shall decide.without debate whother it shall be taken up and disposedof or laid aside."
The CHAIRMAN. The Gentfrom Pennsylvania appeals from the decision of the Chair.
Mr. STEVENS. I had the floor. Itir. BANKS. The question is not debut ab e.
Mr. STEVENS. I addressed the Chair 1st; I never surrendered the floor, and nobody can take it from me.
Mr. BANKS. I rise to a question of order.
The CHAIRMAN. The hair decides that all debate is out of order.
Mr. STEVENS. I am stating my point of order. I will state why I appeal.
Mr. STEVENS. The gentleman had not the right to make his objection till I had surrendered the floor.
The CHAIRMAN. The committee has heard the ruling of the Chair. Shall the decision of the Chair stand as the judgment of the committee? The committee sustained the decision of the Chair. The question then recurred on Mr. Bnsxs’s motion that the bill be laid aside. The committee divided; and there wereayes 75, noes 20. So the motion was agreed to. EXPOSITION AT PARIS. The next business on the Calendar was the amendment of the Senate to House JtResolution No. 62, to provide for the expenses attending the exhibition of the products of industry of the U.S. at the Exposition at Paris in 1867.
Mr. BANKS. I move that the committee rise.
Mr. SPALDING. How much does this appropriate?
Mr. BANKS. I will give the gentleman the information as near as I can when the committee rises.
Mr. SPALDING. The committee ought to know at once how much money is proposed to be appropriated.
Mr. WASHBURNE, of Illinois. It is not in order to move that the cominitiee rise and report the bill so long as any amendment is peMndin. fi.ANKS. I move to rise in order to close debate. The committee divided; and there were eyes 66, noes 48. So the committee agreed to rise. The committee accordingly rose; and the Speaker having resumed the chair, Mr. POMEROY reported that the ComWhole on the state of the Union had, according to order, had the Union generally under consideration, and particularly the amendment of the Senate to house JtResolution No. 52, to provide for the expenses attending the exhi hition of the products of industry of the U.S. at the Exposition at Paris, in 1867, and had come to no resolution thereon.
Mr. BANKS. As I have already stated, I shall move to non-concnrin the amendment of the Senate, and extended debate is not, therefore, necessary. I move that general debate be closed in one minute.
Mr. WASHBURNE, of Illinois. I hope the gentleman will not gag this through in that way.
The Speaker. It will leave the 5 minute debate. The motion was agreed to.
Mr. BANKS. I move that the rules be suspended, and that the House resolve itself into ComWhole on the state of the Union. The motion was agreed to. The rules were accordingly suspended, and the House resolved itselfinto ComWhole on the state of the Union, (Mr. Pous ROY in the chair,) and resumed the consideration of the amendment of the Senate to JtResolution of the House No. 52, to provide for the expenses attending the exhibition of the products of industry of the U.S. at the i‘x position at Paris in 1867. ll
Mr. BANKS. Iwill rely to the question of the Gentfrom 0 i0, if he desires n reply to his question, that it is impossible to state the difference between the appropriation of the House and that of the Senate, inasmuch as the one is in currency, and the other, partly, in coin. The dili‘erence will depend on the price of gold at the time the appropriation is used.
The CHAIRMAN. All debate isnow closed by order of the House.
Mr. WASHBURNE, of Illinois. I presume the bill will now be read by sections for amendment.
Mr. SPALDING. I am obliged to the Gentfrom Massachusetts for his information.
The CHAIRMAN. There is but one amendment. The Senate proposes to strike out the whole bill and to insert.
Mr. wASHBURNE, of Illinois. I move to amend the amendment by strikii out lines 16 and 17, which provi e for the appropriation of $25,000iii coin. The Gentfrom Massachusetts says, that lie pro poses to move to non-concur in the amendment of the Senate. I wish the House to understand how the matter will then stand. The bill will be referred to a committee of conference, and the House then will haVe to pass upon the question whether it will adopt the report of that committee or not. I desire to have a vote of the committee upon this proposition to take $26,000 in American gold out of the Treasury in order to pay the expenses attending this Paris Exposition. I desire to know whether we will go back to our constituents and tell them that we have made an appropriation in gold that we have reached a time when there is “ gold for office holders and rugs for the people.” It is not enough that we shall make an ordinary appropriation for our people to go over to Paris and make a “show’ there; but we must go further, and vote coin out of the Treasury of the U.S. for that purpose. Sir, I am opposed to it, and hence I have made the motion to strike out.
Mr. BANKS. I rise, sir, to oppose the amendment of the Gentfrom Illinois. Inasmuch as I proposed to non-concur in the amendment of the Senate. it is not necessary that I should debate it. It is doubtless refreshing to the members of the House that the Gentfrom Illinois should instruct us as to the natural course of events in a committee of conference. I do not think, however, that the House is in danger of encountering a surprise from any course such a committee may take. We have plenty of time to consider the repon of any committee; and I think we may trust any committee that the Speaker will appoint. I hope the amendment wi 1not be adopted.
Skip Skip The question was put on Mr. Wasnsuasn‘s amendment and there were ayes 80, noes 56.
Mr. WASHBURNE, of Illinois, demanded tellers. Tellers were ordered; and Messrs. Banks, and WAsnsunxi: of Illinois, were appointed. The committee divided; and the to lers reported ayes 45, noes 55. So the amendment was disagreed to.
Mr. WASHBURNE. of Illinois. I move to insert after the word “ rate, ” in the 46th line, “per annum, ” so that it will read, “at the rate perannum of $1,000 each, ” the
Mr. BANKS. I have no objection to that amendment.
Mr. WASHBURNE, of Illinois. I propose to add, also, after the word “each.” in the 47th line. the words “for the time actually employed.” I do not propose to leave these men drawing salaries of $1,000 for one month’s service.
Mr. WASHBURNE, of Illinois. I offerthe following amendment, to come in at the end of the 6th line of the 3rd section: Provided. That this act shall not take effectuntil iflc lj‘rench troops shall have been withdrawn from exwo.
Mr. BANKS. I rise to objectto that amendment. It is not germane to the subject. If this country objects to the presence of French troops in Mexico, Americans ought to have the good sense to order them to leave this continent, and not to attack the industry of the country in this backhanded, underhanded, and unjust effort to carry out apolicy. If the member from Illinois will, in the name of the people he represents, introduce a bill for the ejection of the French troops from Mexico, I will give him my support. But I demand, in the name of the mechanics of the country, that a matter vital to their interests and honor shall not be embarrassed by a proposition of this ind.
Mr. STEVENS. I move to strike out the last word of the amendment.
The CHAIRMAN. Nofurtheramendment is now in order. There is an amendment to the amendment ending.
Mr. STEVENS. No, sir; the amendment of the Senate is the text upon which we are acting.
Mr. STEVENS. I hope the gentleman will not be quite so impetuous. The chairman of the ComForAffrs says that he is ready to do justice to this country in regard to Mexican niihirs. I would suggest whether it is not nearly time that the distinguished committee of which he is chairman should take some action in this direction. As the committee have not done iIt, shall vote for the prop position of the Gentfrom Illinois.
Mr. BANKS. I rise to oppose the amend I have no objection to that ment of the Gentfrom Pennsylvania. I have no doubt, sir, that the ComForAffrs will discharge its duty faithfully upon all the subjects referred to it; and I promise the Gentfrom Pennsylvania that if he will leave this question to stand upon its own merits, and will refrain from drawinginto this discussion topics which have no relation to it and no connection with it, he will have an opportunity hereafter to express his opinion and to give his vote as he may think proper on the subject of the occupation of Mexico by the French.
Mr. WASHBURNE, of Illinois. Irenewthe amendment for the purpose of saying one word in reply to the distinguished Gentfrom Massachusetts. He suggests that I am giving a backhanded blow at the mechanics of the country. I do not understand what the gentleman means b that assertion, when all I propose is that he ore this country is represented in the French Exposition they shall put aside this little tin crown in Mexico. I do not propose, so far as I am concerned, in the present state of things, looking to the conduct of the French nation in regard to us. to send representatives to the Paris E position; and I want to know of my distinguishedfriend, the chair man of the ComForAffrs, who talks here so boldly and so bravely in regard to this Mexican question, why he has not taken some initiative step to vindicate the honor and glory of this country. I wish, sir, he would travel on the same path that I am traveling, having no connection, having nothing whatever to do with the French nation so long as she keeps up this perpetual threat upon our orders. Sir, this is no new proposition. This very prop position was introduced when this question was before the House. It was introduced also into the Senate; and I regret that the Senate did not pass it, so that we might stand fairly and justly before the country when dealing with this question. Sir, this is no matter affecting the mechan ics of the country, about whom the gentleman talks. It is a question which concerns, not only them, but every American, ever man who has a drop of pure American bloc in his veins; and when you tell the mechanics of the country that this stigma must be put upon the national honor for their benefit and in their name, they will repudiate it. They desire nothing of the kind. They feel, as we all feel, the deep humiliation to which we are subjected by the existing state of things. I trust the com.mittee will adopt the amendment.
Mr. BANKS. I rise to oppose the amendment of the Gentfrom . Illinois. The reason why I “ said that his proposition was a backhanded ” blow at this measure was this: that it is indirect; that it is evasive of the merits of the question before the House, and one which, strictly considered, is not before the House either for debate or vote. I make no question upon the presentation or consideration of this question. ButI repeat to the Gentfrom Illinois [Mr. WASH BURNE]t at it is evasive of the merits of the question before the committee. I do not wish to consume the time of the House by any discussion of this measure. I will say in a word that this is a measure deeply interesting to all the friends of American industry. There is scarcely a State in the Union which holds relations with the General Government which has not applied to be represented at this Exposi tiop. And if they are to be represented at all, it is necessary that the decision should be made early. It is for that reason I ask an early decision of this question by the House. Now, in regard to the Mexican question I have this to say: whether I may or may not travel with the Gentfrom Illinois [Mr. Wasnsunns] upon all questions, upon that which pertains to the maintenance of the republic of Mexico I travel with him or with any man who goes for the support of that republic. But I prefer to fight the battle of Mexico against Maximilian, if the gentleman pleases, or against the Emperor of France, if he pleases, oragainst any other Power that shall occupy the territory of Mexico and not under cover of a measure that is designed to extend and benefit the industrial interests of this countrv, and which concerns alone the honor and dignity of our Government and the welfare and irosperity of the mechanics and working men 0 this country, who have preserved it to this hour against its enemies.
Mr. WASHBURNE, of Illinois. I withdraw my amendment to the amendment.
Mr. HARDING, of Illinois. I renew the amendment to the amendment. I feel inexpressible repugnance to giving my vote in favor of a measure appropriating coin for the pur. pose proosed.
Mr. BANKS. I am reluctant to have the time of the committee consumed unnecessa rily; and therefore I must raise the point of order that the remarks of the Gentfrom Illinois [Mr. Hanmxe] are not pertinent to the amendment now pending.
Mr. HARDING, of Illinois. Perhaps my remarks were not precisely appropriate to the specific proposed amendment of my collea no, Mr. WASBBURNE] The Gentfrom It as sachusetts [ML BANKS] seems to be sensitive upon this question, and any widening of the debate so as to touch the merits of this JtResolution appears to be objectionable to him. And if I travel beyond the strict limits of the proposed amendment to the amendment, I suppose I shall be liable to be called to order y 1m. I will, however, venture to say in reference to the amendment, that it has been maintained by the Gentfrom Massachusetts, [M12 Bxxxs] the chairman of the ComForAffrs, that the proposed amendment is not germane to this JtResolution 3 that it is a measure of war, while in fact, this is a measure of eace. Now, I think the amendment is perectly proper and highly appropriate and important, in view of the preg nant and otent annunciation of the chairman of the ComForAffrs, that he is ready to sustain war measures against France at least I so understood the gentleman to sustain a bill which should propose the expul sion of the French troops from Mexico, or something to that effect.
Mr. BANKS. I said I was willing to sustain the republic of Mexico against anybod.
Mr. HA (DING, of Illinoisf Very well; then he proposes to sustain it, of course, in a mode by which it can be sustained, by the only efficient mode, which is by arms and loans. Now, I submit to this committee whether, in view of the prospect of an immediate outbreak of hostilities upon this question, we should send these delectable young gentlemen across the ocean with our coin in their pockets. They might all be captured before they reached that country or could return to this, and what a loss that would be to us. A MEMBER. And lose the money, too.
Mr. HARDING, of Illinois. Yes, and lose the money, too. [Laughten] I am not in jest, and if what I say excites mirth, such is not the feeling of my heart. I feel a deep regret that this nation is asked to humiliate itself, while i holding the relations it does toward France and toward Mexico, by sending a representation to the court of Na oleon. for that will take awn '.from the mom effect of our protest against his action in regard to our sister republic. I would not withdraw one particle of the moral power by which the gentleman chooses to light the battle of Mexico. I would not with raw one particle of the moral influence which our protest is supposed to exert upon that question in Europe. But I do insist upon it that by sending this representation there, by accepting this invitation of Napoleon, we do in effect give the go by to our protest. It will be so understood in Mexico, and it will be so understood by the world. Now, sir, our protest in reference to the occupation of Mexico is answered by the dec= laration from the throne of France, that France will consult her honor; that she knows how to preserve it; that she will remove her troops when the par oses for which they were sent to Mexico shall lave been accomplished. If that declaration is not in direct antagonism to the principles announced b the Baltimore convention, to the solemn p edges involved in our national policy, and the re cated protests of our Administration, then I am very greatly mistaken. [Here the hammer fell.]
Mr. HARDING, of Illinois. I withdraw the amendment to the amendment.
Mr. DAVIS. I renew the amendment to the amendment. I think that under existing circumstances we should be unwise to indicate to the French Emperor or to the World that this nation has not dignity and commonsense enough to legislate on a question of this kind without passion. What is the purpose of this Exhibition? Simply to invite the attention of France and the world to the productions of our do mestic industry. We are solicited to make this exhibition of our products. This Exposition is no warlike measure on the part of France. It has nothing to do with French interests in Mexico. It has nothing to do with the Monroe doctrine. It is simply a question of international comity in reference to an enterprise looking to the advancement of the interest of industry and art. I re rot to observe the spirit which is manifested in t iis House at the present time. I trust, sir. that we shall regard this question upon its own merits, as one affecting the character and dignity of the nation, and that when the proper time comesfor the American people to express their sentiments in respect to the occupation of Mexico, we here shall be found ready to meet that question and to vindicate the honor of the country. I withdraw the amendment to the amendment. The question recurring on the amendment of Mr. wxsnsimsn, of Illinois, it was not agreed to; there being a cs 33, noes 68.
Mr. BANKS. I move that the committee rise and report the bill, with a recommendation that the I house non-concur in the amendment of the Senate. The motion was agreed to. So the committee rose; and the Speaker havin resumed the chair, Mr. Pousnoy reported that the ComWhole on the state of the Union, havin had under consideration JtResolution (. It. No. 62) topro’ vide for the expenses attending the exhibition of the products of the industry of the U.S. at the Exposition at Paris in 1867, had directed him to report the resolution to the House, with a recommendation that the House non-concur in the amendment of the Senate.
Mr. WASHBURNE, of Illinois. I move thatthe Senate amendment be laid on the table so that members of the House may have an opportunity to vote directly ulpon the question of ayingthese men in old. pen that motion I cmand the yeas an nays. The yeas&nays were ordered.
Mr. BANKS. What will he the effect of that motion?
Skip Skip The question was taken; and it was decided in the negative yeas 40, nays 74, not voting 68;.So the amendment of the Senate was not laid upon the table. The question then recurred on seconding the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendment was non-concurred In.
Mr. BANKS mtRtv the amendment was non-concurred in; and also moved that the motion to recon sider be laid upon the table. agreed to.
Mr. BANKS moved that the House insist On its disagreement and ask for a committee of conference. The motion was agreed to. ARMY APPROPRIATION BILL. The next business on the Speaker’s table was Senate amendments to the bill (H.R.No. 127) entitled “An act making appropriations for the support of the Army for the year ending 30th une, 1867.”
Mr. STEVENS. I move that the amendments of the Senate be referred to the ComAppropriat.
Mr. WASHBURNE, of' Illinois. I wish to call the attention of the House to an error in the engrossment of this bill. I offered an amendment in regard to the Illinois Central railroad, referring the question for adjudication to the U.S. court of the 7th judicial district. By an error of the engrossmg clerk it has been made “the 11th judicial district." I ask to have the bill corrected in accordance with the original proposition.
The SPEAKER. The Chair thinks it is be ond the power of the House now to do that. The Senate has stricken out the provision in which that clause occurred. The matter might be arranged in a committee of conference.
Mr. I ASHBURNE, of Illinois. I supposed that being a mistake in copying the ill, it could certainly be corrected.
Mr. STEVENS. Let the bill lie on the table for the present. There was no objection, and it was so ordered. PACIFIC RAILROAD. The next business on the Speaker’s table was Senate bill No. 317, to amend an act entitled “An act to amend an not entitled ‘An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for ostal, military, and other purposes, approved] July I, 1862, approved Ju y 2, 1864;” which was read a 1st and 2nd time and referred to the ComPacificRR.
Mr. WASHBURNE, of Illinois, moved to reconsider all the votes by which the bills were severally referred; and also moved to lay that motion on the table. agreed to. ARMY BILL.
Mr. SCHENCK. I demand that the House now proceed to the consideration of the regular er. The House accordingly resumed the consideration of the special order, bein House bill No. 361, to reorganize and establish the Army I of the U.S., the pending question being on the amendment to section 27, offered by Mr. WILSON, of Iowa, as follows: Provided, That in applying the rule of promotion no distinction shall be made etwcenofficersof regi Inents composed of colored men and thosecomposed of white men. but the promotion shall be by Interchange equally opento all said officers.
Mr. SCHENCK. I now move that the House adjIo‘huern
The SPEAKER. This bill being a special order after the morning hour would not come under the category of unfinished business to lmorrow, but would come up after the morning our.
Mr. SCHENCK. I withdraw the motion to adjourn, and yield to the Gentfrom missouri, [Mr. Busumm] ROBERT BALDWIN.
Mr. BENJAMIN, by unanimous consent, introduced a bill for the relief of Robert Bald win; which was read a 1st and 2nd time and referred to the ComPubLands. DEATH OF HON. JAMES HUMPHRBY.
Mr. DAVIS. Idesireto statethattwo meni bers of the committee, my colleague [Mr. WmFIELD and myself, appointed by the Chair to atten the funeral of the late Hon. JAMES Hunrnasr were obliged to decline, and that 2 other members from NewYork HALE and HULBURD] took their p aMcessrbsy arrangement. I desire that their appointment be formaly made, and that my colleague [Mr. WINrH znn and myself be excused. The gentlemen were accordingly excused; and the Chair appointed in their stead Messrs. HALE and Humwnn.
Mr. SCHENCK. Ine w move thatthe House adjourn. I‘ he motion was agreed to; and accordingly (at 4 o’clock and 25 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions, ke, ware presented under the rule and referredtothe appropriate committees: By Mr. OLMES: The petition of Elizabeth S. Mil er and 120others, women of M NeBwy York. for universal suffrage. Mr. HUBBARD, of Now Yprk: The petition of C. Button, and 54 others, citizens of county, for a mail route from Plymouthe, hnconantfioe southwestpart of Qtseho, called Brown Meadow, to SoBuyth Otsehe.in said county. Mr. MeCLURG: The claim of Mr. House A. Porch, of mIssouri. for $000. adison county.
@@@IN SENATE. Tnuasnsr, June 21, 1866. On motion of Mr. CONNESS, and by unan imous consent, the reading of the Journal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. The PRESIDENT protempers. The Chair has received and been re nested to present to the Senate the memoria of the It echanics’ Bank, of NewHaven, Connecticut, praying that that bank may be exem tfrom the tax of ten%. upon its cire Hation until the 1st of uly, 1867, for reasons stated in the me morial. As this subject has been reperted upon by the ComFinance, this etition, if there be no objection, will be received and laid on the table. Mr. MORGAN.‘ Ipresent the petition of Star es, Arnold & Co., and other merchants of NewYork, dealers In coffees, teas, sugars, and other foreign merchandise, in which they represent that nearly all their goods, or a large proportion of them, are sold by and through licensed commercial brokers, for the account of wholesale dealers, as the mere agents of the some; that it has been the custom of most of the assessors to assess and collect from such commercial brokers an additional tax of one 8th of 1%. on sales made by them for wholesale dealers, thereby collecting a double tax on sales of this nature; that this tax is too onerous for the commercial brokers to pay from their brokerage without recourse to their principals, the importers and whole sale dealers. Asit is practically a double tax, and contrary to the spirit and intent of the acts of Congress, they pray that the law may be changed in this respect. Iask that this etition be referred to the ComFinance. It was so referred. nsron'rs or COMMITTEES.
Mr. SHERMAN, from the ComAg, to whom was referred a bill (S.No.364) to authorize the establishment of a repertory in Germany, to illustrate the phys ical, political, and social condition, the natural products, and the resources of the several States of the Union, reported adversely thereon. He also, from the same committee, to whom was referred a memorial of the board oftrust ces'of the Indiana Agricultural College, praying for a modification or change of the act of July 2, 1862, granting to the several States a quantity of land for the building of agricult ural colleges, asked to be discharged ffom its further consideration, and that it be referred to the ComPubLands; which was agreed to. He also, from the same committee, to whom was referred the memorial of Dr. Henry Clok, late a veterinary surgeon in the U.S. Army, in relation to his experience in the treatment of the rinderpest, and tendering his services, whenever they may be required, in arresting its progress, asked to be discharged from its further consideration; which was agreed to.
Mr. WILLEY, from the ComDistCol, to whom was referred a bill (S.No.361) to authorize W. J. Sible and others, trustees, to sell and convey lot 0. 9, in square No. 76, in the city of Washington, reported it with an amendment. IMr. ANTHONY, from the ComClaims, to whom was referred the petition of Lewis Dyer, late surgeon in the 81st regiment Illinois volunteers, praying for compensation for services rendered the Government in that capacity, submitted a report, accompanied by a bill (S.No.383) fort e relief of Lewis Dyer, M D., late surgeon of the81st regiment Illinois volunteers. The hi I was read and passed to a 2nd reading, and the report was ordered to be printed. He also, from the same committee to whom was referred the etitioh of Sarah A. Monroe, widow of the late ev. T. H. W. Monroe, praying that she may be allowed compensation for services allc ed to have been rendered by her husband as c in lain in East Washin ton Meth odist Episcopa Church Hospital while it was in possession of the Government, submitted an adverse report thereon; which was ordered to be printed. MRS. uxnv oases.
Mr. ANTHONY. The ComClaims, to whom was referred the'petition of Mrs. Abby Green, praying for relie, have instructed me to report aJtResolution (S.R.No. 112) for the relief of Mrs. Abby Green. This is a case which appeals in the strongest degree to the Iiustice and to the generosity of Congress. It is a JtResolution for the relief of a woman in Richmond through whose ageuc 109 of our men escape from the Libby prison. The services which she rendered to them were at the risk of her life, and at the sacrifice of her property. The committee having had the am lest testimony to the fact, from Colonel Streight and the other officers who escaped through her exertions, have instructed me to report a JtResolution granting her $1,500, which is the same amount that was aid to another woman who well deserved it, But who did not render so much service as this lady. I ask for its present consideration. By unanimous consent, the JtResolution was read twice b its title and considered as in ComWhole. As it a pears from the evidence of General H. C. obart, Colonel A. D. Streight, and Captain John F. Porter, jr., late of the U.S. Army, that Mrs. Abby Green, then of Richmond, Virginia, by her courage, patriotic devotion, and assistance, from May, 1863, to February, 1864, in enabling 109 officers and soldiers o the U.S. to make their escape from the Libb prison in Richmond, Virginia, and from the ands of our enemies, has eserved well of the country, the JtResolution proposes that the sum of $1, 600 he paid to her, her heirs, or administrator in compensation for her services. The JtResolution was reported to the Senate without amendment, orderengross fora3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.381) to amend an act entitled “An act to authorize the sale of marine hospitals and revenue cutters, " approved April 20, 1866; which was read twice by its title, and referred to the ComCommerce.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.382) to change the place of holding court in the northern district of Georgia; which was read twice by its title.
Mr. TRUMBULL. I ask that that bill be printed and go upon the Calendar, as it has already been considered in committee. It was so ordered. NATIONAL PARK PRESIDENTIAL MANSION.
Mr. WADE. I offer the following resolution of inquiry, and ask for its present consideration: Resolved.That the ComDistCol be instructed to inquire into the expe dicne of the U.S.aequiring the title to the land ctwcen Maryland avenue and Pennsylvania avenue.cast of the Capitol to 19th street, for the purposesof a national park in which to erecta new presidential mansion and to report by bill or otherwise. There being no objection, the Senate proceeded to consider the resolution.
Mr. GRIMES. Just such a resolution as that is already before the ComPubBldg and Grounds.
Mr. FESSENDEN. And they now have the subject under consideration.
Mr. VADE. I am told that the ComPubBldg and Grounds have this subject under consideration, and Iwill change the reference of the inquiry to that committee.
The PRESIDENT ro tempore. It will require an alteration o the phraseology of the resolution inasmuch as the resolution directs the inquiry to the ComDistCol.
Mr. WADE. I move to amend it, then, by strikin out “ComDistrict of Colum ia” and inserting “ ComPubBldg and Grounds.”
The PRESIDENT proicmpore. The resolution will be so amended at the instance of the mover. The resolution, as modified, was adopted. I‘HINTINE OP BILLS.
Mr. RAMSEY. I move to take up the post route bill.
Mr. CRAGIN. Before that is doneI desire to have an order to print 2 hills which I introduced yesterday and which were then referred to the ComDistCol, Senate bills Nos. 377 and 378. I move that they be printed. The motion was agreed to. POST ROUTE BILL.
Mr. WILLIAMS. If there is no further morning business, I desire to move to take up for consideration
Mr. CONNESS. I wish to say to the Son ator that the ComPostOffices are very anxious to pass the annual post route bill this morning; it will excite no discussion. The committee desire to have it sent to the other House as soon as possible.
Mr. WILLIAMS. I wish to take up a private claim, but I give way to that.
Mr. CONNESS. I move, then, to take up Senate bill No. 369.
The PRESIDENT pro(ampere. The Senfrom Minnesota has already made that motion. The motion was agreed to; and the bill (S.No.369) to establish certain post roads, was read the 2nd time and considered as in ComWhole. The bill was read at length.
Mr. HENDRICKS. I desire to offer an amendment.
Mr. RAMSEY. The committee have several amendments, and I believe it is 1st in order for them to submit their amendments.
The PRESIDENT protempore. There are no amendment s reported with the bill.
Mr. RAMSEY. But. the committee instruct me to move certain amendments. I move to insert, after the fort seventh line, on page 3, under the head of Minnesota:” From Monticello via Buffalo to Watertown. From Buflalo via Maple Lake to Fremont.
Mr. RAMSEY. The committee further instruct me to move this amendment to come in at the close of the bill as now printed. Illinois: From Winchester to Manchester. From Elkhart, in Logan county, to Swoctwator, in Minard county.
Mr. HENDRICKS. I now offer my amendment, to come in at the close of the bill: Indiana: From Nashville. in the county of Brown, to Mor gnntown.in the county of Morgan.
Mr. WILLEY. I offer the following amendment to come in after line 102, under the head of “WestVirginia:” From Sago.in Upshur county, to Huttonsville. in Randolph county.
Mr. WILLIAMS. I propose the following amendment at the end of line 89, under the head of “ Oregon 2" From Cohen City. via Susanvillc, Elk Truc's Station, Olin Crook, Independence. district and Obern to Baker City.
Mr. RAMSEY. I understand from the Senfrom Michigan [Mr. Howaun] that be desires to make certain amendments to this bill, but has not the memoranda with him to enable him to do so; he desires, therefore, to have the bill laid over for today. It is quite agree able to the committee to let it pass over informal].
The PRESIDENT ro fempore. The bill will be postponed untilptomorrow if there be no objection. The bill is so postponed. PAYMENT OF ARMY SUPPLIES.
Mr. POLAND. I move that Senate billNo. 217 be taken up for consideration. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.217) to provide for the payment for quartermaster’s stores and subsistence sn plies furnished to the Army of the U.S. The bill was orderengross for a 3rd reading, and was read the 3rd time.
Mr. SHERMAN. I believe this bill was up before. It is a very important bill certainly.
Mr. POLAND. Yes, sir; it is a bill of some importance.
Mr. SHERMAN. Is there any written report occomanyin" the bill?
Mr. SHERMAN. I hope the Senator will allow it to lay over until tomorrow. It is a very important matter.
Mr. POLAND. I can hardly allow that. I have been at work for about 3 months try in to get it before the Senate.
Mr. SHERMAN. I should like to have the bill read, at any rate, before the vote is taken on its passage. I he c it will either be read at the desk or that shall be allowed time to read it. i
The PRESIDENT protempore. The bill will be read.
Mr. HENDRICKS. I have an amendment that I deSire to offer to the bill. I was called out of the Chamber at the time the bill was taken up. W ith a View to offer my amendment, I move to reconsider the vote ordering the bill to be engrossed and read a 3rd time. The niotion was agreed to.
The PRESIDENT protempore. The bill is now before the Senate, and open to amend inciit.
Mr. TRUMBULL. [was not in when the amendment was offered, but I believe I know what it is. It is to extend this law so as to pay for property which has been taken without the order of the reper officer. I think it would be very unsa e to make that amendment. There was great hesitation, a year or 2 ago, in passing the law which was then enacted. It isla very difficult. subject to touch, because we do notknow the extent to which these claims are to be brought in against the Government. The law thatwas passed provided forpaying for quartermaster’s and commissary stores which were taken by our Army. by the properofficer, from loyal men in loyal Gtates, when the property was recci ted for or was actually used by the Army. that isas faras I am willing to o. This amendment would throw it open still ur ther. The only difference between the amendment and the law as it stands is in this clause: the amendment provides to pay for property furnished under the circumstances I have mentioned, “when taken by the Army of the U.S., under and by direction of any officer acting at the time under competentauthority.” I do not know what that would mean, exactly. I suppose an officer is always acting under competent authority. There has been a rent.deal of property destroyed and agreat den of referty talhen during the rebellion that I thinlljr the Government oug t ngt to pay for, under circumstances which im osed no obligation on the Government to pay or it. I thin if we now undertake to pay, as is provided by the bill under consideration, of which the Senfrom Vermont has charge, for property in all these disloyal States for it is proposed new to extend the provisions of the law of 1864 over all the States in the Union to pay every loyal man who was loyal when the property was taken and who continues loyal when he files his claim for any property which has been taken by a proper officer and used by our armies; that is gain for enough.
Mr. FESSENDE A great deal too far, I think.
Mr. TRUMBULL. This amendment would extend it to propei t that was taken under the direction of anybody who was acting as an officer. The law as it stands extends it to the “proper officer.” It must have been nproper person. I think this amendment goes entirely too far.
Mr. FESSENDEN. The objection that occurs to me with regard to the bill is the danger, unless it is guarded very carefully I have not read it of not making any distinctions, not laying down any rules for the examination of this property. The language is very general, and the whole matter is left to the a QuarterMGen and the Commissary General. We do not know what rules may be established by them. I think the rules ought to be establilshed by Congress, or else a report on all these claims should be made to Congress. I think it but proper that we should make some pro vision instead of referring all these claims to any individual with a.view to payment, because they may eover immense amounts, and we do not know what effect they may have on the Treasury. I do not know but that the bill is properly guarded; I have not read it; but it stri res me that it would be the safer mode to have the report. of these officers submitted to Congress before the claims are paid, as they must necessarily involve very large amounts of money.
Mr. TRUMBULL. We have been furnished with a copy of the rules and regulations which were adapted by the QuarterMGen’s and Commissary Generafs depts. They were very carefully framed. his law has been in operation one year or more.
Mr. FESSENDEN. the loyal States? Was it not confined to'
Mr. FESSENDEN. These rules arelanding at present while they exist; but it is in the power of the QuarterMGen and Commissary General to change them at any time. The rules made in these bureaus, although signed by the officer at the head, are generally made by those who have charge of the examination of the particular case, and who they may be and what their character may be, and what may be their views of loyalty, &c., from time to time, it is impossible to anticipate. The idea which I wished to suggest was that Proofs required in cu it is very dangerous for Congfess to part with the ultimate control of cases of this description. themgo.
Mr. TRUMBULL. This provides for going into court
Mr. POLAND. All claims above $500 are I required to go to the Court of Claims.
Mr. FESSENDEN. M impression is that the safer way always would be to have a commilssion to examine these claims under certain ru es.
Mr. FESSENDEN. I have not examined thesubject sufficiently to undertake to say that the committee are not right; and where a committeehave thoroughly examined a subject and have made up their minds about it, I always feel a delicacy in obtrudin any opinion of mine. extent of these claims, and because, perhaps, of my former connection with the Treasury, I think it better that we should define specifically the rules which shall be followed, and make them a part of the law, and then put the matter under the final control of the acconnting officers of the Treasury for them to examine and see whether all the requirements of the law are fully made out. Ifyou leate it to the bureaus to settle these claims, they will contend that their decision is final. I do not know whether this bill provides that it shall be final, or whether it sends them to the accounting officers of the Treasury for examination; but if the intention is to send them to the accounting officers of the Treasury, it should specific ally provide that their decision should not be founded simply upon the examination of the vouchers, but extend to the entire claims in all respects.
Mr. POLAND. But a very small proportion of these claims will go to the Depts at all. We procured from the QuarterMGen and the subsistence dept sched ules of the claims that had been presented under the present law, and the amount of the claims under $500 is not 1%. of the gross amount.
Mr. FESSENDEN. But when you come to let in claims from all the States where our armies actually operated, it strikes me there maybe a multitude of small claims; but at any rate, if the clause is left in the bill which provides not only for cases where so plies were actually receipted for, but those where no receipts were given, it opens a very wide door.
Mr. TRUMBULL. The limitation is that the supplies must have been taken by the proper officer, and actually used by the Army. Surely the amount cannot be very large.
Mr. FESSENDEN. Perhaps not; but the Senator knows how easy it is to make proof. we have had great experience in regard to the proof made of all these facts, and how easily a claim may be trumped up, especially at a distance of time. think it is important thatthere should be alim itation of time. In the law providin settlement of these claims there should e something in the nature of a limitation that claims not presented before a particular time shall not be considered.
Mr. POLAND. There is a gencrnl limitation in relation to the presentation of claims to the Court of Claims that we thought would apply to this. I drew a’section with a view to that, but itsvas' the opinion of the committee, upon examination, that the general provision of law in relation to the prosecution of suits against the Government in the Court of Claims would ally to it.
Mr. t SSENDEN. But if you take them out of the jurisdiction of the Court of Claims. I suggest It seems to me it is a matter that that may well admit of question. the oint. oug t to receive very careful consideration. d
Mr. POLAND. We have given it agood before the Senate, I desire to state that there are a good many claims arising in my State So far as they may go into court, let Ifthis is to be allowed at all, I for the eal.
Mr. TRUMBULL. This bill is intended to remedy that.
Mr. HENDERSON. I understand that. Now, my understanding of the original law was that it did not matter where the property was taken, provided the claim itself was made by a loyal man; that if the quartermaster’s stores and commissary stores were taken from aloyal man, it did not matter whether they were taken in Arkansas or not. Forinstance, a man living in my State had a farm over in Arkansas; the uartermaster’s dept says he can be tillowed for the quartermas ter’s stores and commissary stores taken from his farm in Missouri; but he cannot be allowed for those taken over in Arkansas, because the point at which they were taken was in a disoyal State. That was not my understanding of the law.
Mr. TRUMBULL. I submit to the Senfrom Missouri whether it is material to discuss that question now. The bill under consideration provides for it.
Mr. HENDERSON. I am speakin rather of the necessity of passing some sue I act as the Senfrom Vermont now proposes. I do not know, for I have not examlned his bill, that he does not go too far; I do not know but that much that has been said against this bill may be correct. We have had the subject up frequently before the ComClaims, and I am satisfied that some legislation ought to be had to remedy these difficulties. Iwill state further, that my understanding is that the quartermaster's and commissary depts to ether. have not allowed over 150 or 200,000 dollars under this law. Indeed, I do not know that the amount allowed exceeds $50,000; it is, at an rate, a comparatively small sum.
Mr. HENDERSON. I do not think it can be over $200,000 altogether; and I know it was very small indeed, or I was so informed a short time ago by the quartermaster’s dept, because of the fact that most of the claims presented had been set aside under the construction iven to the law by these 2 depts under an opinion given, as I understand, by Judge Holt or some of the law officers of the Government.
Mr. HENDRICKS. I do notwant to spend one moment of the time of the Senate, because it is very desirable that the bill should pass, but I wish to say, in reply to the Senfrom Illinois, that the amendment which I offer is, I think, a safe one, and upon principle is right. I have modified it by inserting the words “ and used, ” so that it shall read, “for quartermaster‘s and commissnry stores furnished to, or taken and used by, the Army of the U.S., under and by direction of any officer acting at the time under competent authority. Is it right to say that they shall not be paid for, simply because the agent of the quartermaster’s dept or commissary dept has not taken them, but a major general has directed them to be taken? The fact that the property is taken from a man true to the Union, and used by the Government, is the reason we pay for it. If the evidences were sufficient now, if the vouchers were sufficient, it would not be necessary to have any law on the subject. I do not think the decision of the QuarterMGenought to be conclusive; but if the accounting officers find a claim to be right under the law it should be allowed.
Mr. WILLIAMS. I am not satisfied that this bill ought to ass. No doubt the passage of it willinvolvct e expenditure of millionsof dollars, and I very much doubt the exediency of putting this vast expenditure of) money entirely beyond the control or the reach of Congress. Certain claims under $500 are to be presented to the proper Depts of the Government, and claims exceeding $500 are to be submitted to the Court of Claims, and so the entire matter is put under the control of the depts and of the Court of Claims.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday, which is House bill No. 518.
The PRESIDENT protem ors laid before the Senate the report of the omrAg for the year 1865; which, with the accompanying documents, on motion of Mr. ’1‘nunuu1.i., was referred to the ComAg. HOUSE BILLS REFERRED. The following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 692) increasing the pensions of widows and orphans, and for other purposes to the ComPensions. A bill (H.R.No. 626) for the relief of the ’lieirs of Horace I. Hodges to the ComClaims. A bill (H.R.No. 531) for the relief of the legal representatives of Major John A. Whitall, late paymaster in the U.S. Army, deceased, on account of lost or stolen vouchersto the ComClaims. STEAMHOAT INSPECTION LAW. The Senate proceeded to consider its amendments to the bill (H.R.No. 477) further to provide for the safety of the lives of passengers (in board of vessels ropelled in whole or in part by steam, to regulate the salaries of steam oat inspectors, and for other purposes, disagreed to by the HoRep.
Mr. EDMUNDS. I move that the Senate insist upon its amendments disagreed to by the House, agree to the conference asked for by the House, and that the conferces on the part f the Senate be appointed by the President UNIVERSAL EXHIBITION. ceded to consider its amendments to the JtResolution (H.R.No. 62) to provide for the expenses attendin the exhibition of the products of industry of the U.S. at the Exosition at Paris in 1867, disagreed to by the HoRep.
The PRESIDENT protempore. rection Wlil be made. a
Mr. FESSENDEN. I move, after the word “Oil, ” in line 2109, to insert “cotton;” so as to read, “ except refined petroleum, refined coal Oil, cotton, gold, and silver, " dte.
Skip Skip The amendment was agreed to. The ComFinance also proposed, in line 2130, to strike out “upon the salable value of, ” and insert “for the tax upon.”
The PRESIBENT protempore. That correction will be made.
Mr. SHERMAN. At the close ofline 20 132 I move to insert “ but naphtha, the product of the distillation of petroleum, and other similar bitumine us substances, when used or consumed on the prem ises for fuel or cleaning.”
Mr. FESSENDEN. I presume that is all right; but would it not be better to put it in the free list?
Mr. SHERMAN. This proviso provides that where the producer consumes a portion of his own manufacture he shall still pay the tax. I propose to except naphtha consumed in the process of distillation. I think this is probably the best place for it, because it is an exception to this proviso .
The Secretary read the next clause of the 9th section of the bill, as follows: That section 94 be amended by striking That cor out all after the enactin clauseand inserting in lieu thereof the following; that upon the articles. goods, wares and merchandise herein after mentioned except where otherwise provided. which shall be produced and sold, or be manufactured or made and sold or be consumed or used by the manufactureror producerthereof, or removedfor consumption or for delivery to others than agentsof the manufacturer or producer Within the U.S or Territories thereof there shall be assessed collected and paid the followmg taxes.to be paid by the producer or manufacturer thereof. that is to say. The ComFinance proposed to insert the words “ or use” after “ consumption” in line 2140.
Mr. FESSIINDEN. In line 2159 the word “ regulate” should be "determine;" and in line 2162 the words“ regulated upon" should be “determined by.”
The PRESIDENT protempore. Those corrections will be made. i The ComFinance proposed to amend this item by inserting after “ return, ” in line 2168, at the end of the 1st proviso, these words: And all gas companies whose price is fixed by law are authorizedto add the tax herein imposedto the price per 1,000 feet on gassold.
Mr. FESSENDEN. Imove to amend the amendment by adding, “and all such companies which have heretofore contracted to furnish gas to municipal corporations are in like manner authorized to a d such tax to such contract price.” The amendment to The amendment was agreed to.
Mr. SHERMAN. I approve the principle of the amendment, but I suggest to the Senfrom Maine whether contracts made since the passageof the 1st law ought notto be excepted. I‘here‘ may have been contracts made within the last ear.
Mr. FESSENDEN. I suspect there are none. They have been very careful about that.
Mr. SHERMAN. I submit whether it ought not to read in this wise: “all gas companies whose price is fixed by law or by contract made prior to July, 1864;” the date of the passage of the previous act.
Mr. FESSENDEN. I do not think there is any dangerabout that.
Mr. SHERMAN. Very well. The amendment, as amended, was agreed to. The next amendment was in line 20 181 to insenlthe word “ some" before “district.
The PRESIDENT protempore. That correction will be made. The next amendment reported by the committee was in line 2183, after the word “production” at the end of the clause, to insert: Aml provided further. That coal tar and ammonia cafliquor producedin the minating gas. manufactureof illu and the products of the redistillation ofcoal pm and the products of the manufactureof amineniacal liquor thus produced shall be exempt from duty.
Mr. FESSENDEN. I move to amend that by striking out “duty” and insertin “tax” at the end of line 2188.
The PRESIDENT protempore. rection will be made. The amendment, as amended, was agreed to. The next item was read, as follows: On illuminating lubricating or other mineral oils. marking not lessthan 36 nor morethan 50 riirio degreesBaiimc’sliydromcter.the product of the distillation. redistillation or refining of crude pe troleum. 20 cents per gallon; and all such 0ils tbheitrwtye seinx tahnedspfiefteyi fincingeradVeitgyr.eebsy.inBcaluumsivee's. stheastll. boef deemed refined illuminating oil and any person or persons who for purposes oi'salcor consumption shall imngixoailns.yoorf whtch hncaapVhitchrap.aorraeditinhoeoroilsnew witihthiltlhuemoitnhaetr shall be deemed manufacturers of illuminating oil and taxed as such and said oil thus mixed. either With or without further distillation shall besubject to a tax of 20 centspergallon. if after said mixing or distillation. the product mms byBaume's fihfytdyr onmincetedre.gbreeetwseen said points of 36 and inclusive. The ComFinance proposed to strike out “purposes, ” in line 2196, and to insert “the purpose."
The PRESIDENT protempore. That correctign will be made, no objection being interose. p The conunittee further proposed to amend 11 line 2198, after the wor “with” to insert “such.”
The PRESIDENT protempers. That amendment will be made, there being no objection.
The Secretary read the next item, as follows: mOarnkiinllguminating lubricating or othermineral oils. not lcss than 36 nor morethan 59 degrees Baume’s hydromcter. the exclusive spirnogdluect of the refining of crudeoil produced by a distillation of coal. Shale asphalt uin peat or other bitumine us substances.not otherwise provided for. ten centsper gallon. The ComFinance reported no amendment to this item.
The Secretary read the next item, as follows: On oil. naphtha. benzinc. henzolc or gasoline. marking more than 59 degrees Baume’slhy dromoter. the product of the distillation. fEdlElllln‘tion or refining of crude petroleum or of crudeoil proneed by a single distilation ot'coal.shale.pezit. asphaltuin or other bitumine ussubstances.:1.tax of ten cents pergallon: Provided. That dlstillcijs and refiners of illuminating.lubricating or othermineral oil. naphtha, benzine. benzole or gasoline shall be subject to all the provisionsot'law applicable to distillers of spirits, with regardto special taxes.bonds. returns. assessmentsr.emoving to and withdrawing from wareho uses.licns.penalties.drawbacks and all tonthineinr gprovisions designed for tie purpose of ascer the quantity distilled and securing the payment. of duties. So for asthe same may.in the judgment of the ComrIntRev and cuensdseary regulations prescribed by him. be deemed ne for that purpose: And proeirled further That distillers and refiners of coal or mineral oil. whose product shall not exceed25barrelsperday. on a.monthly average, shall not be requiredto make returns oftenerthan oncein 30 days. The ComFinance proposed an amendment to this clause, in line 2222 to insert the word forfeitures” before drawbacks, ” and in line 2224 to strike out “duties” and insert “taxes.”
Skip Skip The amendment was agreed to. The next item, to which no amendmentwas proposed, was read, namely: On spirits of turpentine.ten centsper gallon.
The Secretary read the next item, as follows: On coffee. roasted or ground.on all ground spices and dry mustard and upon all articles intended for use as substitutes for or as adulterations of coffee. spices, or mustard and upon all compounds and mixtures prepared for sale, or intended for useand sale as coffee. spices or mustard or as substitutes therefor. one cent perpound: Provided. That the exemption of $1.!!!)in annual value of productman That cor nfaeturedshall not apply to any of the above specified articles. The ComFinance reported on amendment to this item.
The Secretary read the following items. On molassesproducedfromthe sugarcane, andnot ffOlXID sorghum or imphee.a tax 3 centsper go on. On siru of molassesor sugar canejuice. when removed mm the plantation. concentratedmolasses or melado and cistern bottoms.of sugar produced fromthe sugar caneand notmadefromsorghumor implies. a tax of 3/4th sof one cent per pound. On sugarnot above number 12 Dutch standard in color. producedfrom the sugar cane and not from sorghumor imphec, other than thoseproduced by the refiner. a tax of onecent perpound. On sugars above number 12 and not above number 18 Dutch standardin color, produced direct] from the sugar caneand not from sorghum or imp co. a tax of one and onehalf cent perpound. On sugarabove number 18 Dute standard in color. produceddirectl from the sugar caneand not figpmsorghumor imp ea.a tax of 2 centsper poun. The ComFinance proposed an amendment to these items, to strike out the words “and not from sorghum or imphee” wherever the occur. The amendment was agreed to.
The Secretary read the next item, as follows: On the grossamountof the salesof sugar refiners. including all the productsof their manutiictories or refineries.a tax oi twoand one halt'ofone%. advalorcm: Provided, That every person shall be regarded as a sugar refiner and pay the taxes required by law. whosebusinessit is quality to advance the and valueof sugarupon which a tax or duty has been paid. Bymeltingand recrystallization or by liquoringyclaying or other washing process or by any other chemical or mechanical means or who shall byboiling or other processadvancethe quality or value of molasses.concentrated ine liissesor me lado. upon which ii.tax has been paid. The ComFinance reported an amendment to this clause, in line 2266, after the word “ tax, " to strike out the words “ or duty.”
Mr. FESSENDEN. That amendment should be disagreed to. In that particular connection, the words “ or duty” should remain in the bill. The amendment was rejected.
Mr. FESSENDEN. The words “or duty” should be inserted after the word “ tax” in line 2271.
The Secretary read the nextitem, as follows: orOinn spuagrta0rc!asnudgyara.nvdalaulel deoantfencottioenxecreymedaindge 20 cents perpound. a tax oftwo centsper pound including the tax; exceeding 20 and not exceeding 40 cents per poundincluding the tax. a tax of fpoeurr centsper pound: when exceeding 40 cents pound including the tax. orsold by the box.pack age or otherw'isethan by the pound.a tax of10%.ad valorem. The ComFinance proposed an amendment to this clause, in line 2274, after the word “pound” to insert the words “ includinya the tax, ” and after the word “pound, ” at the end of the same line, to strike out the words “in eluding the tax.”
The Secretary read the following items, to which the ComFinance proposed no amendment, namely: On chocolateand cocoaprepared. a tax of one and a half cent perpound. On gun cotton.a tax of 5%. advalorem. On gunpowder and all explosive substancesused for mining. Blasting artillery or sporting purposes. not otherwise provided for. when valued at t irty eight centsper poundor less.includin the tax. a tax of 5%. ml onlorem: and when valued at above38 cents perpound including the tax. a tax of top cents or pound. guOmn varnish or upon made wholly or in part of copal or othergumsor substances.a tax of 5%.all colorant. The ComFinance proposed to insert after the above clauses the following: On sul ibnte of bnrytes.a tax of 12 cents per 100 pounds.
The Secretary read the followin" items, to which no amendment was proposed, namely: Oii glue and gelatinc of all descriptions.in thesolid state.a tax of one cent perpound. On gluc and cement.made wholl or in part of glilip, sold in the liquid state. a tax 0 40 centsper go on. On ins. solid head or other, a tax of 5%. ad on orem. 0n photographs.nrnbrotypes. daguorrcotyp or other picturestaken by the action of light and not hereinafter excuipted from tax, a tax of 5 %. (idunlorem. On screws, commonlycalled woodscrews.a.tax of 10%.or!valorcm. 0n clocks and time pieces.nnd on clock movements. whensold without beingcased, a taxof 5%. advallorcm. On all soaps valued at abovetlireccentsperpound. not perfumed.andon salt waterson made of cocoa nut oil. a tax of 5 mills perpoun.
The Secretary read the next item, as follows: On all other perfumedsoaps, a perpound. tax of 3 cents The ComFinance proposed to strike out “other” before “perfumed.”
Skip Skip The amendment was agreed to. The following items, to which the ComFinance reported no amendment, were read, namely: On all uncompounded chemical productions not otherwise provided for. a tax of 5%. ad err/0mm. On essentialoils of all descriptions.in tax of 5%.ad oalorem. On all furniture or other articles madeof wood. sold in the rough or unfinished.not otherwiseprovidedfor. a tax of 5%.mlvalorem. That all Provided. furniture or other articles madeof wood, previously assessed and a tax paid thereon shall be assesseda tax of 5%. or! calormi upon the increasedvalue only thereof whensold in a finished condition. poOunndssa.lt. a tax of 3 cents per100 The ComFinance reported an amendment, to insert after the above items the followmg: 0n reapers.mowers. threshing macliines and sep arators.corn shellers. wooden ware. mills and the machiner for the manufactureof sugar.sirup and molasses from sorghum. iiriplicc. beet and corn and machinery driven by horse power. 3%. valorcm.
Mr. FESSENDEN. I wish to amend that amendment. The worr “separators” should be “separators, ” and after the word “ machinery” the words “exclusively ada ited to he" should be inserted; so as to rea, “and machinery exclusively adapted to be driven by horse power.”
Skip Skip The PRESIDING OFFICER, (Mr. CLARK in the chair.) That amendment will be made if there be no objection; and the question is on the amendment of the committee, as amended. Mr. GRIMES. Upon that question I shall be constrained to ask a separate vote of the Senate. I should like to have the yeas and nnys upon it. The ye‘as&nays were ordered.
Mr. KIRKWOOD. In looking at the bill as it came from the HoRep Ine tice on page 166 that “reapers, mowers. threshing machines, and separators. corn shell ers, and wooden ware” were placed in the free list; but this amendment proposes to subject them to a tax of 3%. I hope the amendment will not be agreed to. It is striking directly at the people among whom 1 live in a very severe way, and I hope the Senate will not agree to it. Ine tice upon page 166 that the committee have amended the bill as it came from the House by inserting “safes, looms, spinning macliines, pumps, swam engines, hot air and hot water furnaces and sewing machines ” in the free list. while they have amended the same page by striking from the free list “reapers, mowers, threshing machines, and sep arators, eorii shellers, and wooden ware, ” and now they propose to iut them in the tax list. I hope the Senate will not consent to it. These “reapers, mowers, threshing machines, and separators, cornshellcrs, wooden ware, mills, and the machinery for the manufacture of sugar, sirup, and molasses from sorghum, impliec." &c., are absolutelyindispensable in the northwestern States. We cannot do anything without them. You mightjust as well tax our plows and harrows. The scarcity of labor in that country is such that we cannot do our work otherwise than by this machinery.
Mr. FESSENDEN. Has the Senator Sufifored very much within the last 2 or 3 years as the tax stood?
Mr. KIRKWOOD. Our people have been compelled to pay enormously high prices for these articles during the last 2 or 3 years, and the sellers of them allege, as one reason for it, the amount of tax imposed upon their production and upon the articles use in the reduction. They have doubled in price, I think I am justified in saying, within the last 2 or 3 years. I think my colleague will hear me out in that assertion.
Mr. GRIMES. While agricultural prod ucts have been diminished in price.
Mr. TRUMBULL. More engaged in ship building. I presume.
Mr. FESSENDEN. More engagedin ship building than in agriculture, I take it. But there is not an interest anywhere that is so looked after and so guarded, so sought to be protected in everything, and so well protected as the farming interest, not only in the West, but in the North, or wherever they are. It is like the question of the soldiers’ bounties, every body is afraid to vote againstit, because the soldiers have so many votes, and they may be thrown avainst a man.
Mr. H WE. What is the special protection to farmers by this system of taxes?
Mr. FESSENDEN. I cannot stop to enu rnerate; I state the fact. The Senator will find It out if he examines the bill. At the present time I cannot make along speech enumerating them. The fact is so, and it always has been so, from the beginning. It is so in this bill. The tax is taken off very many agricultural implements, and they are put on the free list. Farmers do not pay, as a matter of fact, anything like, undert e income tax, what every other class of the community does, and cannot be made to pay, because the law cannot be manipulated so as to make them ay, whatever may be the provision. The hi 1 that was last passed, I believe, allowed them to support their families out of their farms, and they upon the surplus, while everybody else ha‘patoy pay upon what he receives, without reference to the fact that he supports his family out of it.
Mr. FESSENDEN. The last hill. With regard to this bill, we have left it just as it was before; we have struck out the alterations made in the House. That is the fact with regard to it. The Senate will of course do what it likes in relation to the matter, but that is the simple truth with reference to it. Nobody complained; nobody asked any alteration when this tax was fixed at 3%. It is an important item of revenue; and if you strike off this tax, it will be merely for the benefit of monopolists who hold patents and manufacture these machines, although it is put on the ground of aiding the farmers. If you take the tax off these machines, why not take it off shovels and everything of that sort? You cannot make the distinction. With reference to the alteration that the Senfrom Iowa [Mu Kmxwoon] says was made on page 166, it was no alteration except by specification, and the specification there made is the castings for machinery, not the machinery itself. Castin s for all kinds of machinery, as specified there, are placed on the free list.
Mr. GRIMES. I do not wish it to be understood that the farmers are seeking any exemption from the payment of their proper share of the public iiurdens; and as' one of the representatives from a purely agricultural State must rebel that idea.
Mr. FESSENDEN. The Senator misapprebends me. I do not suppose that the farmers are seeking any such thing. It is the representatives of the farmers, not the farmers themselves. The farmers do not ask for it. They are willing to my the tax.
Mr. GRIMES. I am unwilling to have anybody infer that I, as one of the representatives of the farmers, seek or desire any such thing. If it be necessary that everything shall be taxed in the hands of the farmer that is necessar for him to use in order to produce his crops, am content that that tax shall be levied, provided it be levied upon everything else that IS necessary, both in commerce and in manufactures as well as in agriculture. My whole objection to this proposition is, that it seems to look, from the general scope and tenor of the bill, that there are exceptions in favor of manufactures and commerce to a very considerable extent in the free list, while there are not corresponding exemptions to the agriculturists and tie manufacture of the im lements usedin agriculture.
Mr. FESSENDEN. Will the Senator point them out?
Mr. GRIMES. Yes, sir, I think I can. On page 163. in the free list, I find “ masts, s ars, ship and vessel blocks, and treenail we ges, and) deck plugs, cordage, to es, and cables made of vegetable fiber." '1 but includes almost all oft e rivgin of a ship. In addition to those the “ hulls 0 ships another vessels” are exempt. All I have to say in regard to that is, that if it be necessary to of commerce, to encourage the pthroetpnrootteioention of ships in the commercial sections of the country, I am content to exem t them; but I want a corresponding relief a orded to the other important interests of the country.
Mr. FESSENDEN. I turn the Senator’s attention to page 165, line 107. He Wlll find there, “plows, cultiva tors, barrows, straw and hay cutters, planters, seed drills, horse rakes, hand rakes, cotton gins, grain cradles, and winnowing millr.” They are exempt.
Mr. GRIMES. Yes, sir; a plow that costs 8 dollars and a shovel that costs one dollar are exempt.
Mr. GRIMES. The rakethateosts 50 cents is exem t. I suppose the secret of its exemption really is, if we could only get at the mo tires that prompt the ComWays&Means to recommerid it, that it costs more to collect the tax than the tax is worth.
Mr. FESSENDEN. No, sir, by no manner of means. They could be taxed as manufactures at the factories. Take lows. What is there a larger manufacture o in this country than of plows? What would pay a larger amount, comparatively? Everybody must have a plow.
Mr. GRIMES. Everybody must have a plow; but then there is not one 10th of the capital locked up in plows in our section of the country that there is in reapers and mowers.
Mr. I’ESSENDEN. They must buy the plows.
Mr. GRIMES. They buy the plows; but I say there is ten times as much capital invested in this other machinery necessarily, and we are compelled to do it in order to save our crops. The same rule does not apply to a reaper and mower that does apply to a plow or a liar row or any of these small agricultural implements. The Senator says that these reapers and mowers and various other agricultural implements are in the hands of monopolists; that they have patents for them. It IS true some of them are. Some of them are not, however. But there are different kinds of patents for each one of these particular implements, and those patentees are in rivalry, the one with the other; so that they have not really an opportunity to oppress the agricultural community, as they won d have if t mm was only one variety of each one of those patents. I‘he effect of the imposition of this tax has been to increase, as my colleague has told you, nearly double, the value of each one of these particular implements.
Mr. GRIMES. I cannot say by wha process it is done. I am only stating the fact.
Mr. FESSENDEN. Ideny the fact. The fact cannot be so. I have no question the price has doubled; that may be; but there are a great many other matters that have gone into the increase of price the increase of the rate of wa es, and of all sorts of materials, and everyting of that sort.
Mr. GRIMES. I believe the tax itself amounted to about 25 dollars on a reaper or mower. If we omit the tax it certainly would reduce the price that much.
Mr. FESSENDEN'. No; they would find some excuse to charge just as much.
Mr. GRIMES. Ieare willing to run that risk. As this is the only proposition there is in the whole bill, it seems to me, in which the section of country thatI have the honor to live in is peculiarly interested, I trust we shall not have this burden thrown upon us, if the free list, at any rate, is to remam as it now ‘3.
Mr. KIRKWOOD. TheSenfrom since, I am satisfied, cannot understand the condition of our peOple with regard to these matters. It is substantially the same as taxing men in our State. There is not one acre out of100of our wheat that is cut in any other way than with a reaper. There is not one acre out of a 100 that is cut in any other way than with a mower. We have not the men in our State to collect our crops without these machines. Ifyou would give us your superabundant population to do the work, we should be content; but these machines are used by us instead of men. Without them we could not gather our crops at all. We 'could not begin to save the crops we put in the ground unless we had this machinery. It is just like taxing men in a State where men are abundant for you, in a 1866. THE ooneunssronsh 91.033; 3313 State like ours where they are scarce, to tax these machines.
Mr. KIRKWOOD. Yes, sir, it is substantially the same thing. Letme call the attention of the Senfrom Maine ain to this change on page 166, lines 140, 141, and 142. He says it is merely a specification instead of generalization. The purpose is to exempt s indies and castings;)ut if he will look at the list closely he will see that as the clause stood originall it exempted spindles and castin s for mac iinery; but now it is made to speci y “safes, looms, spinning machines, hot air and hot waterfurnaces, pumps, steamengines, and sewing machines." Spindles and castings enter into mowers and reapers, but in this specilication they are left out, while these artic es, used East, I apprehend, are inserted. If the word “machinery” had been left in the clause perhaps the spindles and castings in mowers and teaers would have been exempted.
Mr. FESSENDEN. I can 5 ate to the senator that the clause as it stood was thought to cover too much. The amendment came from the ComWays&Means of the House, putting in what they intended to cover on that subject and what they had, taken testimony upon. We have just at in what they intended it should be original y, and what they under stood to be necessary.
Mr. KIRKWOOD. The effect of it, however, would be that while the spindles and castings for a mower and reaper would be taxed, the spindles and castings for n spinninw machine would not be taxed. I must say that it would be hard for us on the west side of the Mississippi riverto rendera reason for that, why the spindles and castings in a spinning machine should be exempt from taxation and the spindles and castings in a reaping machine or a mowin machine should be taxed.
Mr. ANTHONY. Spinningmachines are not exempt.
Mr. KlItKWOOD. Spindles and castings for spinning machines are exempt by this bill.
Mr. FESSENDEN. The reason is that one pays 5 or cent and the other only 3.
Mr. KI tKWOOD. They are putin the free list here.
Mr. FESSENDEN. But they are to pay 5%. tax when made up. It is to avoid a ouble tax. The clause goes on to provide, “and not sold or used for any other purposes, and upon which a tax is assessed and)paid on the article of which the casting is a part.” It is to avoid ayin 2 taxes.
Mr. ItK good. Let me call the attention of the Senator to another item or 2 on p e 163. “Machines driven by horse power an used exclusively for cutting fire wood, staves, and shingle bolts, and hand saws” are exempt from taxation while in the matter we are considering mac incry driven by horse power is not exempt.
Mr. FESSENDEN. lively” for what follows.
Mr. KIRKWOOD. The clause reads, “machines driven by horse power and used exclusively for cutting fire wood, staves, and shin gle bolts, and hand saws.”
Mr. FESSENDEN. “And used exclusively for cutting fire wood, staves, ” the
Mr. KIRKWOOD. We do not make staves and shingle bolts out in our country i but our machinery driven by horse power is to be taxed.
Mr. FESSENDEN. You buy them and use them; do you not?
Mr. KHtKWOOD. Yes; but we may use machinery driven by horse power for other purposes, and that machinery is taxed with us when it is not taxed elsewhere.
Mr. FESSENDEN. The design is to exem pt some small articles that everybody uses, instead of large corporations which make large amounts of money. That is the difference exactly.
Mr. HENDRICKS. Before the vote is. “And used exclu taken on the amendment of the committee I desire to amend it by striking out the word “sorghum:” and I will state the reason why I do so. The production of sugar and molas ses from this growth is rather an experiment as yet, and the machine necessary for the production is being change from time to time as experiments show the necessity of change. Every year there is some improvement made in this machinery. It is not like that class of machinery which is supposed to have approached perfection. The success in the rowth of sorghum and the production of molasses and sugar from it has been very great. It has now become a production of much importance in the West; but nobody supposes that the machinery is yet perfected. A great deal of expense is to be incurred in experiments upon it. I shall vote against the entire aniendment of the committee; but as the attempt to defeat it may not succeed I desire to strike out this word “sorghum.” I think there are peculiar reasons for it.
Mr. HOIVARI). I suggest to the Senfrom Indiana that he may as well include the word “ imphee” in his motion, and strike them both out. I believe imphce is but a species of sorghum.
Mr. HENDRICKS. I do not know anything about that.
Mr. HOWARD. It belongs to the same family of plants and produces sirup, which is supposed to be a little richer, as I understand.
The PRESIDING OFFICER. The nestion is on the amendment of the Senfrom Indiana to the amendment of the committee.
Mr. HOWARD. I move to amend that by includin the word “imphee.”
Mr. HENDRICKS. I will accept that amendment if the same reasons apply. I do not know much about it.
The PRESIDING OFFICER: The amendment of the Senfrom Michigan is not in order at the present time the amendment of the Senfrom Indiana being an amendment to an amendment.
Mr. TltU MBULL. I understood the Senfrom Indiana to say he would accept it.
The PRESIDING OFFICER. The Senfrom Indiana may modify his own amendment as may be agreeable to him.
Mr. HENDRICKS. I accept the modification of the Senfrom Michi u.
The PRESIDING OFFICE. The amendment to the amendment will be so modified.
Mr. TRUMBULL. Mr. President, I presume more of these reapers and mowers are used in the State which I in partre resentthan in any other State in the Union. ecould not carry on then rieulture of Illinois to the extent that we now 0 without this machinery. Farming, to a very great extent, is carried on upon our prairies throu li the instrumentality of machinery. We cond not gather our crops at all if we had to rely upon manual labor, as in for mer years, to gather them; and hence we are very much interestedin the manufacture of this machiner. These machines are mauufactnred extensive y in my State. The productions of that State, as we all know, go to support the people of the whole country. They are not peculiar to Illinois. The beef and pork that are fattened there and the wheat that is gath ered there go to the sustenance of the people of the whole Union. in the State of Name as well as elsewhere. The ship builders of Maine, who are entirel free from taxes upon all the articles which t cy use
Mr. FESSENDEN. They are taxed more than another set of men in the country.
Mr. TRUMBULL. They are on the free list in this bill. “ Masts spars, ship and vessel blocks, and treenail Wedges, and deck plugs, cordage, ropes, and cables made of vegetable fiber, and also “ sails" and “chains” are all upon the free list in this bill. The Senfrom Maine very candidly told us that not so many of the people in his State were engaged in agriculture as in some other States of the Union and therefore he did not feel this press ure so strongly as some others did in favor of the agricultural interest of the country, which he rather seemed to intimate was a pressure that operated upon Senators to a greater extent than it ought to do; but he seems to have felt the pressure of that class of people who are largely engaged in ship building in his own Stat e. At any rate, we find that persons on gaged in that branch of industry, which occupies very much of the labor of Maine, are not taxed on the articles I havementioned and many others. I do not wish to go over this free list. The HoRep placed reapers and mowers in the free list. "he ComFinance has thoughtproper to change it. I trust the Senate wfil not agree to that change. I understand that in the HoRep this was done deliberately. The Senfrom Maine is entirely mistaken in supposing that no comlaints have come from the manufacturers. havehad quite annmber ofletiers from different parts of my State from persons eneagedinthemannfacture of the seimplements. I did not send them to the Committee on Fi nance, because I had not the least apprehension, after seeingthat the bill upon due consideration had passed the House of the presentatives with a provision placing these articles' upon the free ist, that there was any probabi ty that the Senate was going to change it.
Mr. FESSENDEN. I did not say that there was no effort made to change it. The tax heretofore was 6%. There was an elfort made to reduce it. The committee of the House reduced it to 3%. After the modification was made re ncingit 1/2 I say they were perfectly satisfied; there was no complaint whatever.
Mr. TRUMBULL. Perhaps the best answer I can ive to that would be to read a letter whichgIY have in my hand from Rockford, in Illinois, from a manufacturer of reupers and mowers, in which he makes:1.statement why reapers and mowers should be placed on the free list. The writer says: “ 1 write to ask your attention the tax on agricultural implements, more particu arly reapers and mg‘T‘ligdlouso have placed them on the free list, where I think theybelong, flllll I hopeto seethe Sonatecontinue them there, and believe it butjust to us that they do so. I “I have beenin the businesssince 18?“: paid into the revenue office last year ovar snow. my losses exceedingthat sum.", He paid a revenue of $23,000 last ear, and lost more than that sum last year in the manufacture of these articles.
Mr. TRUMBULL. No, sir: “Because of excessivetaxes and an unfortunate year. “From all thntI loarp, my competitorshavemet about the same success, in proportion to their busi ne“ss. Our businessis, at best, pnrticularly buardous for th"e followmgronsous: 1. We inurt buy the stock at the closeof harvestto manufacturefor soles(IllfllllZthe next harvest. “2. Our salesarecrowdedinside ot‘rixlydnys.3/4ths of them taking place betweenJune 10and Jul 10. “g. [four productls not donein time to besh ipped to ointsot'salowhen the seasoncommences, it must beheld a your, for the next season'ssales. “4. We cannot know what the demand will be.but mustbe preparedto meetit whensalescommence. “5. Sales are governed b the crops, andiferopsare discouragingthe farmers o iiutbil)‘. "G. The farmer is seldompreparedto nnydown, bnt requires from 6 to 18 months’creditupon the sa“le ofInaterereaspte, irntsouhraimnc.es.storn e, comm issions, and lossesare a larger expense for t. 0 abovereasons.in thereapernndagricultural business than in anybusiness the capital of which may be turned every 60 or 90 days. “ We cannot add the tax to the price of our prod peti.dE'oaper men tried to do it last yearmnd utterly ai o.
Mr. FESSENDEN. That does not agree very well with what the Senfrom lowa [Mr. KiaKwoon] said; and I leave the Senfrom Illinois to settle that question With him. The Senfrom Iowa said that the price was increased 1/2 in consequence of the tax.
Mr. TRUMBULL. This letter goes on: “While our business is large, the%.of profit is small and the chargeof a.limo]%. either way makes a large sum difference in the year’s ffl"fiTlhl uI s, on 3,000reapers.netting. in sale, 8160each, the tax at 6%. amounts to $28, 800 an“d is of itself a handsomeprofit. We are doing in our business according to the bestof our Judgment, with goodfacilities and rigid economy.but unless the tax on salesbe robatedin our businesswe can have little hope for a profit this year. "As a class.the reaper men are enterprisingand liberal men: wereso especiallyduring the war, giving freely of time and moneyfor the raising of men and forwarding the interests of the Govcrement. Do not want to shrink from taxes, but like to and will, stand up to the rack as for as it is in their power to do so. but if they cannot do businessand pay their taxes at a profit they must stop paying taxessooner or later." I will not read further from this letter; I have read it in answer to the Senfrom Maine, who said that there was no complaint from these manufacturers. I have another letter fiomhnother portion of the State, 300 milcs distant, also from manufactur ers, upon this same subject.
Mr. EESSENDEN. That is complaining of the 6%. tax; is it not?
Mr. TRUMBULL. It was written after the bill had passed the House, and it is in favor of having them upon the free list. It contradicts specifically the statement of the Senfrom It nine. ‘hc writer says that they ought not to be taxed. I think the whole country is interested in having these articles on the free list. These are the particular articles in which my State, perhaps, is more interested than any ather State in the Union, though I think the whole Union is interested. Now, in regard to the manufacture of sugar, we are endeavoring to introduce into the West, into Illinois, Iowa, Michigan, and these other States, the culture of sorghum. We are raising a good deal of molasses in those States, and making some sugar. It is with difficulty that you can get a sorghum mill (put up. The production is in its infancy; an there is not usiiiess enough to keep a mill employed all the time. It wants to be encouraged. It is very desirable to have these mills erected wherever we can; and it is the last article that should be taken out of the free list and upon which a tax should be imposed at the present time. I trust that the Senate will not a co to this amendment of the committee, but that we shall suffer the bill, in this respect, to remain as it came to us from the HoRep.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Indiana to the amendment of the committee.
Mr. HOWE. I shall vote for the amend ment of the Senfrom Indiana, and yet that amendment of itself will not hcl the interest that he and I both desire to ai. It will require another amendment, I suppose. I believe by the bill as it stands the c ect of striking out the word “sorghum” here would be to subject this kind of machinery to the tax imposed on other manufactures. I shall vote for the amendment, however, with the expectation that those articles will be transferred to the free list. I think it very essential that if any kind of manufacture should be protected that of these machines should. It is true. as the Senfrom Indiana has remarked, that this product is in its infancy, is now on the footing of an experiment. It is very desirable to over body in the U.S. that it should be may c a success, if possible, and I believe it is the invariable policy of the U.S. to protectdhese enterprises which promise success, but which need aid in their infancy to insure that success. I see here that wine made from grapes is placed upon the free list. I suppose it is upon the idea that it is of general and national interest to protect that product for the present while we are experimenting With it.
Mr. CONNESS. It is an agricultural crop, and all agricultural crops are exempt.
Mr. HE. DRICKS. I understand that if the amendment of the committee should be adopted, it will still be amendnble; and as it involves 2 votes, I will withdraw my amendment, with the consent of the Senfrom Michigan who modified it, until we see what shape the result of the vote on the committee’s amendment will leave this matter.
The PRESIDING OFFICER. The Senfrom Indiana withdraws his amendment. The question is on the amendment of the committee.
Mr. HENDRICKS. I desire to sayjust this: the class of machinery that is included within this amendment can be used but a very short time in the' year, say for one month, and for the rest of the year it lies idle. It is entirely unlike machinery that is used in almost any other pursuit in that regard. The machinery that is found in manufacturing establishments is used constantly; the investment is not dead upon the hands of the purchaser for the greater portion of the year, as it is upon this class of machiner.
Mr. CHANDLER. I notice on the freelist a very large number of articles, and among others, these identical reapers and mowers. I find also “anvils, ” “ barrels and casks other than those used for the reception of fluids; pack in boxes made of wood, ” and also “plows, cu tivators, barrows, straw and hay cutters, planters, seed drills, horse rakes, hand rakes, cotton gins, grain cradles, and winnowing mills.” Then I find “rcapers, mowers, threshing machines, and separators, corn shellcrs, and wtmden wnre, ” and also “spokes, hubs, bows and folloes; poles, shafts, and arms for carriagesorwagons;” “wooden tanks, ” “ships’ masts, ” and so on through the list, includin the very items that are here taxed. I should like to ask the Senfrom Maine why these other articles will not as well bear a tax as mowers and reapers.
Mr. FESSENDEN. I suppose the Senator can inform himself on that so ijcct. The Son ator is mistaken in regard to the whole of those matters. He does not notice the brackets around the words that strike them out.
Mr. CHANDLER. I know they are stricken out here. They were introduced into the free list in the House, but it is proposed to strike them out in the Senate. I notice that “fortilizers of all kinds” are placed in the free list, as the bill now stands. Wh were not fertilizers stricken out? Itistrue that we do not use them in the Northwest, but in NewEngland they do use them.
Mr. FESSENDEN. That excetion was made expressly for the agricultura interests of the country.
Mr. CHANDLER. I notice along free list here. I was looking over the list carefullythe other day. I believe sewing machines are placed on the free list. If reapers, mowers, threshing machines, separators, and corn shell ers can pay a tax, I am very certain sewing machines and ships’ masts can.
Mr. SHERMAN. Sewing machines are not on the free list.
Mr. CHANDLER. I maybe mistaken about them: but I have read sufficient to show that there is here made a distinction without a difference, and a distinction made against the Northwest. I do not suppose there is a thresh in'v machine in all NewEngland.
Mr. FESSENDEN. That is about as correct as most of what the Senator has said.
Mr. CHANDLER. I go there every year, and I never saw a threshing machine in NewEngland in my life. I will guaranty that there are not 20 in the whole of the NewEngland States. I never saw one. They thresdl with the flail, us they did 40 years ago, and it does not take long to thresh out what they raise, with that. [Laughter] But with us there is not it town without a goodly number of threshing machines, and they are kept in constant use. I hope that these articles will be put back on the free list where the House placed them and where they belong.
Mr. FESSENDEN. The Senator seems to think that what he has seen he knows all about, and what he has not seen does not exist in the world. There are somethings that he has seen.
Mr. CHANDLER. I never saw a threshing machinc in NewEngland.
Mr. FESSENDEN. There are a few things he has not seen in the country, I resume. This, I believe, was about the only t iing that we changed here. Istated the reason for it. I believe. if I am not mistaken, that it was done by the unanimous consent of the committee.
Mr. SHERMAN. There was one exception. I did not so) ort it.
Mr. FESSENDEN. I thought the Senator voted for it.
Mr. GRIMES. Oh, no; nothing of the sort.
Mr. FESSENDEN. With those I have known it has been so; and I have known several. Some of them do at any rate. Oneword more, sir. I should reallylike to understand which is the right side of the argument against this amendment. One Senfrom the West the Senfrom Iowa [Mr. KIRK wooo rises here and deliberately informs us thatt is tax has added 1/2 to the price of this machinery, and that these men in soiling the machinery make the tax an excuse for raising the price. The Senfrom Illinois rises and reads a letter from a manufacturer in which he says that they cannot and do not add the tax to the rice, and ives that as a reason why we should exempt temanufacturer.
Mr. FESSENDEN. He says they do not 0 it.
Mr. TRUMBULL. He says he does not do it, but some tried it and failed.
Mr. FESSENDEN. Some tried itand failed, and therefore he could not, and he lays it down that it cannot be done; it is not added. Now, where does the rule apply in this matter? The argument seems to be ouble, but directly run ning one point against the other. The only trouble that I have about the matter is, that it is an important item with reference to the revenue. It raises some 6 or 700,000 dollars; I do not know exactly the amount; but I was so informed. That being the case, and the tax.being reduced one half, from 6%. to 3%., was satisfactory, I repeat, to those who repi esented this interest; and the movement to place these articles on the free list was made int c House, and not by the committee who made the examination, but contrary to the protest of the committee as to the necessity of the case. The Senate understand it perfectly, I suppose; the whole argument is before them; and they will undoubtedly do as they lease.
Mr. WILLIAMS. I wish to say one word in explanation of my vote. I shall vote for this amendment as it was reported by the commit tee, notwithstanding I recognize the force of some of the arguments that have been offered against the amendment arguments derived from other portions of the free list. I am not certain but that an argument could be made upon this free listto prove that everything that is used or consumed) in the country should be exempted from taxation. I am 0 osed to the extension of the free list, andpEI am ready to vote to reduce it. I believe it is bad policy to make this large free list, because it is impossible to do it without more or less discrimination for or against some particular class of persons, or some particular kind of business; and so long as it is necessary to maintain this system of KilXllllOn, it seems to me it ought to he made as equal in its operations as possible on all classes of the commu d nity and all kinds of business. I suppose that the object of this free list is chiefly to exempt those kinds of business that are in their in fancy, that are experiments at this time, the success of which is somewhat doubtful. To that extent I would be willing to go with a free list; but I do not concur in the ideathat ships and all sorts of things that are included in the free list ought to be exempted. I am in favor of reducing. rather than extending, the free list and therefore I vote for this amendment, and will vote for other amendments of a similar nature if I have an opportunity to do 80.
The PRESIDING FFICER. The question is on the amendment of the ComFinance, on which the yeas&nays have been ordered. The question being taken by yeas&nays, resulted yous 10, nays 17;. So the amendment was rejected.
The Secretary read the next item, as follows: On scales.pumps.gardenengines.hydraulic rams. a tax of 3%.ad unlorem. The ComFinance proposed to amend this clause by inserting the word “and” after “en ines.”
The PRESIDING OFFICER. The alteration will be made.
The Clerk read The following items: 0n oil dressed leather 0.tax of 5%. ad 1.74rlem. 0n leather of all descriptions.tanned or partially tanned in the rough. a tax of 5%. advalorem. On leather of all descriptions.curried or finished a tax of 5%.advalorem: Provided, That all leather in the rough u ion which dutiesortaxcs have beenactually paid shu l beassessedon the increased value only when earned or finished. Noamendment was proposed to these items. The next item was read, as follows: On wine made of grapes. further advanced than nice ormust, a.tax of 5centspergallon: Provided. hatgrapoiniceorniust. when sold to vintnersimme diately from the Vineyard shall not be taxed. The ComFinance reported an amendment to strike out this item.
Skip Skip The amendment was agreed to. The next item was read, as follows: On all liquors known or denominatedaswine. not madefrom grapes.currants.rhubarb or beri ies. pi o dueedby beingrectifiedor mixed With other spirits or into which any matter whatever maybe infused to be sold as wine or by any other mime and not otherwiseprovidedfor in this act. a.tax of 50 cents pergallon: Provided. That the return. assessment. collection and the timeof collection of the duti on such Wines and wine madeof grapes shall besubject to the regulations of the ComrIntRev. And any person who shall willingly and knowingly sell or offer fpr sale any snch ivine made after the passaglcof this act, upon which the tax herein imposed asnot beenpa i or which hasbeen fraudulently evaded shall. upon conviction thereof. be subject to a fine of $500or to imprisonment not exceedins two years.at the discretion of the court. The ComFinance proposed to amend this item by striking out, in line 20 416, the word " duties" and inserting “taxes;” and in the same line, after “such Wines, ” to strike out “and Wine made of grapes;” so as to read: That the return. assessment.collection, and the time of collection of the taxes on such wines shall be subJectto the regulationsof the ComrIntRev.
Mr. GRIMES. As we are in that clause, I desire to move an amendment to it now, if the chairman of the ComFinance has no objection.
Mr. GRIMES. I move to amend by striking out the word “ rhubarb, " in line 2410, so as to read, “wine, not made from grapes, curraiits, or berries, ” d'c.
Mr. SHERMAN. Ihope that will not be done. There is a very harmless liquid made from rhubarb in the State of Ohio to a trifling extent, and I do not see why the distinction should be made against rhubarb wine. This provision is to exempt domestic liquors and wines made in the households of farmers and peeple for their own use, from grapes, enr rants, rhubarb, or berries. I do not know why the exemption should be made in favor of wine or liquor made from grapes, ciirrants, or berries, and not in favor of that made from rhubarb. In the country where I live this domestic rhubarb wine has to some extent superseded the entrant wine, but it is not made an article of commerce to any consid emble extent.
Mr. GRIMES. The Senator misapprehends the condition of things. No man is compelled to pay anything for the manufacture of wine unless he makes $600 worth in a year. I ask him if there is an farmer in Ohio who makes $600 worth of r nbarb wine or current wine for his own use. I know, linwever, what does exist, and what will continue under such a ro' vision as this. Men have set outlargega one and are making rhubarb wine, which they pass of)"on the world, after having doctored it, as they term it, as grape wine. as Catawba Wine, and it is deleterious to the health. Itinterferes with the legitimate cultivation of the grape, and has a bad effect in every way. Hence. I propose to strike out the word “rhubarb” in on the leather ip iho rough the duty or tax shall be this clause assessedand paid only on the increasedvalue. in. sniiuimu. You might as well rei the some reason tax cider, which is the basis of nearly all the champagne wine drank in this country; but that is not done. This is nhurm less commodity. If a liquor is made from it, and it assumes some other form, it isthen cov ered by the law; but more rhubarb wine, which I have drank often, and which, as I said before, is made by farmers in Ohio and used as asubstitute for currant wine, I do not think should be taxed unless you tax all other of these domestic wines.
Mr. GRIMES. The Senator, I should think, knows very well that farmers do not make $600 worth of domestic wine, and hence the striking out of this word will not affect the farmer or the man who manufactures it for the use of his family.
Mr. SHERMAN. The $600 clause does not ap.pIlry.
Mr. GRIMES. I have asked the Commissioner, who is sitting near me, and he says it does; and hence there is no protection to the farmer b nllowin this word to remain.
Mr. SHERMAN. The $600 exemption applies to the whole of a man’s products. Suppose a farmer’s products are $1,000, and a small portion consists of a little rhubarb wine made or his family a barrel is the most I have ever known made he should not be taxed on that. It is but a small matter.
Mr. GRIMES. My purpose is to reach the men who are deceiving the public by making rhubarb wine at home, paying no tax upon it to the assessor when he comes along, an then sending it to Cincinnati and Chicago and Phil adelphia and NewYork, and passing it elf as Catawba wine. I know of my own knowledge that that is done to avery rent extent. I know that in the town in which thve, where the tune or vessels.are manufactured in which the wine is putaiter it is run from the press, there have been purchased by one man In one year, vats or tune or whatever the are called, to the extent of 2500 gallons capacity. The amendment was rejected. The next item was read, as follows: On cloth and all textile or knitted or felted articles or fabrics of cotton. wool. ofother materials. beforethesamehas beendyed. printed or bleached and on all cloth painted.enameled.shirred. tarred. varnished or oiled. a tax of 5%.ad calm em. The ComFinance proposed to amend this item by striking out in line 20 428, lafter ‘paiuted, ” the word “enameled. The FRESIDING OFFICER. That amendment1 Will be made, no obJcction being intero. The next item was read, as follows: On thread and twine. a tax of 5%. ad ooh rem. The ComFinance proposed no amendment to this item. The next item was read, as follows: ‘On articlesof o lothinlmauufaoturedor produced 1' r sale by weaving. knitting. o rfelting; on hats nncts and hoop skirts; on articles manufactured 1' producedfor sale asconstitgent arts of clothing or for trimming or ornamenting the some and on articles of wearing parcl manufactured or produced for sale from ndia rubber, utta peruhn or from fur or fur skins dressedwith the fur on. a tax of 5%. ad oulorem. The ComFinance proposed to amend by inserting “ silk” before “ hate.”
Skip Skip The amendment was agreed to. The next item was read, as follows: On bootsand shoes.a tax of 2%. ad oalo mm; to be paid by every person making. manufacturing or producing for sale boots and shoes or “finishing the materials or unynpart thereof and employing others to make.mnn acture , or produce them: Provo/all. That any bootor shoemakormaking bootsor shoesto order ascustomwork only, and not for general sale, and whose Work. exclusive of he materials. does not exceed annually in value.000 shall beexemptfrom this tax. The ComFinance proposed to amend in line 2440, after “boots, ” by striking out “and, ” and after “shoes” inserting “and shoe strings, ” so as to read, “on boots, shoes, and shoe strings, a tax of 2%. advalorem."
Mr. SPRAGUE. I hope that amendment wul not prevail. Shoe strings, I understand, are made from hemp, a new manufacture just about being created in this country by the introduction of linen machinery. It has been brought before the attention of Congress.
Mr. SHERMAN. This was put in at the request of the shoestring makers. Under the present law they are taxed 6%., and the came to us with specimens of shoe strings an we put them on the same footing with other manufacturers of the same character, “boots, shoes, and shoe strings.” This reduces the tax from 6 to 2%.
Mr. SPRAG E. I proose, if this is not agreed to, to put them on the free list.
Mr. WILLIAMS. I move to amend that i“tem by inserting the word “leather” before shoe strings” in line 2440; and after the word “ sale” in line 20 442 by striking out “boots and shoes” and inserting “boots, shoes, or leather shoe strings."
Mr. SPRAGUE. I desire to call the attention of the committee to the amendment offered by the Senfrom Oregon. The Senate committee have amended the bill in line 20 440 by inserting ‘l and shoe strings, ” at a tax of 2 ver cent. Now. the amendment suggested by teSenfrom Oregon to insert “leather” before “shoe strings” carries back shoe strings made from linen to 5%. I should like to have that reduced, in addition to the amendment suggested by the Senfrom Oregon.
Mr. FESSENDEN. The Senator will get it by striking out “leather, ” and letting all shoe strings stand at 2%., Mr. SHERMAN, to Mr. Swanson] Move a reconsideration of tovote on the amendment of the Senfrom Oregon.
Mr. SPRAGUE. I move that reconsideration. The mtR agreed to.
The PRESIDING OFFICER. The question now recurs upon the amendment offered by the Senfrom Oregon, Mr. Wii.i.i.iiis.]
Mr. SHERMA. think the committee have it about right. There is no use in making a distinction between leather shoe strings an another kind. The amendment was rejected.
Mr. FESSENDEN. Inline 2442 the word “and” between “boots” and “shoes” should be stricken out and the words “or shoe strings” added after “shoes.”
The PRESIDING OFFICER. Thatamendment will be made. The ComFinance further proposed to amend the item in line 2446, after the word “whose, ” by striking out the “work, exclusive of materials, does not exceed annually in value $1,000, ” and in lieu thereof inserting “annual product does notdexceed $2.000;” so asto make the proviso ren: Provided. That any boot or shoe maker making bootsor shoesto order as customwork only and not for general sole and whosennnunl productdoes not exceed$2.000s.hall be exemptfromth tax.
Skip Skip The amendment was agreed to. The next item was read, as follows: Onready made clothing. lzloves. mittens. moccasins. caps and other nrticlcs of dress for the wear of men women and children. not otherwise nssessed nn taxed.a tax of 1%. ndoulqmn. tobe paidby every person making. manufacturing or producing for sale clothing. gloves, mittens. moccasins, caps, and other articles of dress or furnishing the mate rials or any part thereof and employing others to amnayke.manufacture or producethem: Proouled.That tailor or any nmkor cinloves. mittens.mooca sins. caps or other articles of dressto order as cus tom work only and not for generalsale and whose awnonrku.alelyxclusive of the materials. does not exceed in value 1.00) shall be exemptfromthis tax; and articles of drossmadeor trimmedby nulli ners or drossmnkersfor the wenr of womenand children shall also be exemptfrom this tax. The ComFinance proposed to a“mend this item by inserting at or the word caps, ” wherever it “ occurred, the words felt hate.”
Skip Skip The amendment was agreed to. The next amendment was in line 20 Tour53 to strike out “one” before “%.” and insert “two; ” so as to read: On ready made clothin. gloves, mittens. mocca sins. ca)8, felt hats and ot orarticlesofdress for the wear 0 men. women and children. not otherwise assessedand tnxad.ete: of 2 peroent.ad flfllflrelll.
Skip Skip The amendment was agreed to. The next amendment wasin liue 2461, after “whose, ” to strike out “work, exc usive of the materials, does not exceed annually in value $1,000, ” and in lieu thereof to insert “annual products do not exceed $2,000.”
Skip Skip The amendment was agreed to. The committee further proposed to amend by inserting the following proviso, after line 2466. at the end of the item: Provided. That the branching into sprays.branches or wreaths of artificial flowers on which an imoost or internal tax has already been paid shall not be giisidtrnd n manufacture within the meaning of is no
Skip Skip The amendment was agreed to. The next item was read, as follows: On cotton n on which no tax has been levied, collect or pai and which is not oxcuipted by law. a tax 2 cents perpound.which shall be and re mnin a lien thereonuntil said tax shall have been paid. in the possession of any person or persons whomsoeycr: Provided.‘That this paragraphshall be and remain in forceuntil July 1. 1866 and no longer. The ComFinance proposed to strike this item fro the bill. The amendment as agreed to.
Mr. SHERMAN. I am directed by the ComFinance, at this point, to move an amendment to be inserted after line 20 477: On paper not otherwise provided for, a tax of 3%.ad oalorem.
The Secretary read the next item, as follows: On all manufactures, not otherwiseproyidedfor. of cotton.wool. silk. Worsted, flux. lic'up. Jute. India rubber. gutta perchu. wood. glass. pottery Ware. leather. paper. iron. steel. lest. tin. copper. zinc. brass.gold. silver. horn. ivory, bouc.bflSLlUSw, holly or in part or of other materials. a tax of 5%. advulorcm: Provided. That on all cloths or articles dyed. printed or bloat hurl, on which a tax shall have been paid before the sumowereso dyed. printed or bleached.the said tux of live% shall be assessedonly upon the increased value thereof: And prooiderlfurllmr.That anyeloth nr fab rics or articles.” nforesnid.whcn mode of thread am, or warps.imported, or upon which a duly shall uvobeen assessedand pmd shall ho usscusedand pay a tax on the increasedvalue only thereof; and when madewholly by the same manufacturershrill be subjectto a tax only of 5%. m!vulnrflll.‘ And providedfurther. That brown curthenand common or gray stonewareshall be SllbJCfl.to a tax of 2 rind onehalf%. nd valm'rm;and no more. The ComFinance proposed to amend by inserting “enameled” after “ print led, ” in lines 2484 and 2486.
Skip Skip The amendment was agreed to. The committee proosed to strike out 0R6: the word “ warps, ” in iue 2490, the words “imported or;" and in line 2491 to strike out “aduty, ” and insert “on internal tax.”
The Secretary read the following items, to which no amendment was propose, namely: On all diamonds. emeralds, precious stones and imitations thereof and all other jewelry. a tax offivo%.advalomn. emeralds, preciousstoPnreosv.uolrv'iiml.'i.tfa thionwnthsetnhdeirnenoiof, uiidns. sorted fromforeigncountries.anduponwhich iin port utics have beenpaid shall besetor resetin gold or any other inn tonal. the tax shall beassessedandpaid on y upon the value of the settings. a 0n bullion in lump.ingot. bar or cthermsc. 1) tax cfone halfof 1%. advalorem.to be paid by the nssnlyor of the some.who shall stamp the prod uct of t o assayas the ComrIntRev, under the direction of the SecyTreasury.may prescribebygeneralregulations. And aelxlpsoartleasti.otnransfers exchanges tmnsportntion and of gold or silver assayedat any mint ot the U.S or by any private ussuycr.unless stumped as prescribed by gencrnl re" lotions. as aforesaid are hereby declared unluwlu and ovcry person or corporation who shall sell transfer transport exchange export or deal in the same shall be subject to a penalty of 81.“)0 for each offense and to fine not exceeding that sum, and to imprisonment for a term not exceedingtwo yearsnor lessthan 6 months. No Jeweler, worker or nrtifloer in gold or silver shall useeither of those metals exceptit shall have 1st been stamped as aforesaid as required by this act. No person or corporation shu1lexport, or coarussilevteorbieneixtsported.fromt e U.S.anigold natural state, not coined, essay, or stampedasaforesaid: and for everyviolation of this paragraph everyoflondershall besubjectto the pen altieslierein provided: Pr ed, Thatnothing herein opntmpedshallapplyte the reworking of old gold or nlvor in lump.ingot, or bar, as aforesaid. The next item was read, as follows: Onsnuff. Manufactured of tobncoomrany substitute for tobacco, ground, dry, or damp. pickled, scented or otherwise, of all descriptions, when prepared for use.a tax of 40 centsperpound.
Mr. FESSENDEN. The words “or sale, " after “ use, " in line 2534, should be stricken out.
The PRESIDING OFFICER. That correction will be made. The amendment, as amended, was agreed to.
The Secretary read the next item, as follows: 0n cavondish, plug, twis and all other kinds of manufactured tobacco, no heroin otherwise pronded for, a tax of 40 centsper pound.
Skip Skip The amendment was agreed to., The next item was read, as follows: On tobaccotwisted by hand, or reduced from leaf into a condition to be consumedwithout the use of any machine or instrument, and without bein pressed. sweet cuedo, r otherWisoprepared, a tax 0 hirty centsper pound. The committee proposed to amend this item ther the word “prepared, ” in line 2542, by inserting “ and on fine cut shorts.”
Skip Skip The amendment was agreed to. The next item was read, as follows: On fine cut chewing tobacco, whether manufactured with the stems in it or not, or however sold, whether loose, in bulk, or in rolls.packsges, papers, wrappers, or boxes, a tax of 40 centsper pound. No amendment was reported to this item. The next item was read, as follows: On smokinp tobacco.sweetened.stemmed or but ted, a tax of 40 centsper pound. The ComFinance reported no amendment to this item. The next item was read, as follows: On smoking tobaccoof all kinds, not sweetened nor stemmed, nor butted, including that made 0 Rems or in part of stems, and imitations thereon a tax of 20 centsper pound. The ComFinance proposed in line 2552, otter “tax of, ” to strike out “ 20 ” and insert “ 15, ” so as to read, “ 15 cents perpound.”
Skip Skip The amendment was agreed to. The next item was read, as follows: On cigarettes, or small 0' are. made of tobacco inclosedmin wrapper, or bin or, and not over 3 and a holfinchcs in lcn th, and on cigarsmadewith twisted heads, and on c eroots, and on‘ciggirsknown q short 6es, the market value of which is not over 8 dollars per 1,000, a tax of 2 dollars per 1,000. No amendment to this item was reported. The next item was read, as follows: On all other cigaretteand cigars. themarketvalue of which is over 8 dollars and not over 12 dolleirs per 1,000, a tax of 4 dollars perthou san. The committee proposed to amend by striking out “other” before “cigarettes” and inserting “ cheroots;” so as to read, “ cheroots, ci arcttes, and cigars.”
Skip Skip The amendment was agreed to. The next item was read, as follows: On all other cigarettesand cicurs.atax of fourdol lure per 1,000, and, in addition, 40%. ad nalorrmon the value beyond 12 dollars 1,000.to be assessedon the excessbeyondtwo vo dollars or 1,000: Provided, That any person who shall 0 or or exmmfor saleany cigars, c ieroots, or cigarettes, whether the articles so offeredor exposed are im orted or are of foreign or domesticmanufacture shall be deemed the manufacturer thereof and shall be subjectto all the duties.liabilities and pen sdticsimposedby law in regardto the sale of domes tio articles without the use of the proper stamp or Rems: denotingthe duty or tax ai thereon. And the inmissioner of Internal evenue. with the approval of the SecyTreasury, may resoribesuch regulations for the inspectionand vu.uation of cigars, r heroots, and cigarettes, and the collection of the tax thereon, as shall in his JllLIRIDGDl, mosteffectiro for the prevention of Ind frauds in the paymentof such tax. iAnnt a, manlitaides dition to other regulations, itshall be the duty of the b inspector or msossorwho appraises any cigars, cigar ettes, orcherootsto examine tb cmnnufaoturer the roof or his agentunder oath. which oath shall be administeredby tllQllIlSDCCllntZjlll dagprnising officer and reducedtoWfltl llBa, nd signed y such manufacturer or his agent, With a view to ascertaining whether sreuccth, manufacturer has any interest, direct or indi in an sale that has beenmade, or any resaleto be madeo said‘ciizarsmigarottes, or cheroots, by the concealmentol which he seeks to obtain a false, fraudulent or deceptive appraisement. The ComFinance amend this item by insertin “ c eroots, ” in line 2500 an 64, after “cigarettes;” and after the words “tax of, " in line 2565, to strike out “4” and insert “ ten;” so as to read, “on all other ei rettes, cheroots, and cigars, a tax of ten dol are per 1,000.".
Skip Skip The amendment was agreed to. The committee also proposed to strike out after “1,000, ” in line 2565, the following words: And. in addition. 40 or cont. ad calm cmon the value beyond 12 dollar are per 1,000 to be assessed on thy excess beyond 12 dollars per 1,000: Provtlled, That any person who she I offeror expose for sale any cigars, cheroots, or cigarettes, whether the articles so offeredor exposed are imported or are of foreign or domestic manufacture shall be deemed the manufacturer thereof, and shall be subsect to all the duties, liabilities, and penalties imposed h articles without the use of the proper stamp or stamps denoting the duty or tax paid thereon.
The clerk read The committee proposed to insert in lieu of the words thus stricken out the following: Provided, That uponall imported cigarsand cheroots, but not inclu in cicnrcttes, an intornal revenue tax shalfbe levic and collected, in dition to the duties paid upon importation thorco often dollars per 1,000 and stampsdenoting the payment of such tax shall, under such regulations as the ComrIntRev may prescribe. be affixed to everybox or package of iniported ciznrs or cheroots bofprethe some are sold or offered for sole: and any cigars or ohoroots so imported. which shall he sold or offered or exposed for sale without having stampsaflixed, shall be forfcited to the U.S and the importer of such cigars or cheroots shall be deemed the manufacturer thereof, and shall be subjectto all the duties, liabilities, and penalties icmigpaorsseodr cbyelarowotusp. on the manufacturer of domestic
Mr. FESSENDEN. The committee do not now recommend the adoption of that amend ment. It is probable it W11 not work well, and it can be better provided for at the customhouse by a EIOVISIOH in the tariff bill. I hope, therefore, this amendment will be rejected. The amendment was rejected.
Mr. FESSENDEN. I Wish now to go back to page 8d, to make an amendment to conform to the action we have just taken. In line 1939, on page 88, I move to strike out “whether of domestic manufacture or imported.”
Mr. FESSENDEN. In the same connection, I move, on age 89, to strike out “ by the ins ector" otter “ affixed, " in line 971.
Skip Skip The amendment was agreed to. The ComFinance proposed to insert, after line 2608, the following clause: proposed to law in regard to the sole of domestic That section 98 be amendedby striking out all after the enacting clauseand insertingin lieu thorcoftho following: that there shall be lovied and collected and paid on all salesof real estate, goods, incredsing merchandise. articles or thin at auction. all salesof Stocks, bonds, another securities. a dut ofonc 10th of 1%. on the gross amount 0 such sales: and every auctioneer or other personmaking such sales, as aforesaid shall. at the end of each and ev crymonth, or within ten days thereafter.make a list or return to the asst as sessor of the district of the gross amountofsuch sales, madeas aforesaid, With the amount of duty which has accrued orshould accruethereon, which list shall have annexed thereto a declaration under oath or aflirmation, in form and manner as may beprescribed by the ComrIntRev, that the some is true and correct, and shall, at thesametime, as aforesaid, pay to the collector or deputy collector the amount of duty or tax thereupon, as aforesaid, and in default thereofshall ho subject to and pay a penalty of8500. In all casesof delinquencyin making said list or payment the assessmentand collection shall be madein the manner prescribed in the General ovisions of this not: Provided, That no duty sbu l he lQVlftl under the provisions of thi. l$1Ttion upon ii nys:ilos by or for judicial oroxovi. officers mnklni: auctionsalt sby vii tnoof ajudaiiiint or decree of any court. nor to public sales made by guardians.executors or administrators.
Mr. FESSENDEN. I move to amend the amendment by inserting the word “ monthly” after “paid” in line 2612. The amendment to The amendment was agreed to.
Mr. FESSENDEN. I move to strike out all after the word “sales, ” in line 2615, to “provided” in line 2631. The same provision is in the bill before. I The amendment to The amendment was agreed to.
Mr. FESSENDE'N. The word “duty, ” in line 2632, should U x. 3)
Skip Skip The amendment was agreed to. The committee also proposed to strike out, in line 2650, before the word “ coin” the words “foreign exchange."
Mr. SPRAGUE. I would ask the chairman of the committee, why strike out “foreign exchan e” from taxation.
Mr. SPRAGUE. More than the amount of this tax would be?
Mr. FESSENDEN. There is quiteaheavy stamp tax on foreign exchange, and it was thoughtto be too burdensome to put this on besi es.
Skip Skip The amendment was agreed to. The committee also proposed, in line 2650, to strike out “uncurrent money" after “ coin.”
Mr. SHERMAN. I rise more for the purpose of inquiry. The preceding section in regard to the tax on sales did not attract my attention before. I ask the chairman if it is the purpose to tax ordinary sales of stocks at the “public exchange one 10th of 1%.”
Mr. FESSENDEN. Yes, that is the tax in the previous clause. It
Mr. SHERMAN. It seems avery heavy tax, higher than the usual commissions charged by those engaged in that business.
Mr. FESSENDEN. The taxis one cent on $100 on sales of stocks.
Mr. SHERMAN. That is in the clause now before us, but I am referring to the provision on page 115. Sales at auction at the exchange, NewYork, are taxed one 10th of 1%. for ordinary securities, railroad stocks, &c., which are sold daily. One 10th of 1% is a very heavy charge; it is much larger than the next section, which provides only 100th of 1%. I wish simply to call attention to it.,
Mr. SHERMAN. Is the present tax one 4th of 1%.?
Mr. SHERMAN. But does not a ply to the ordinary excliange sales, brokers‘ en es.
Mr. VANWI KLE. I move to strike out “ duty aor” before “tax” in line 2661. The mendment was agreed to. Th ComFinance proposed, in line 2683, to strike out a or “costs” the words, “of suit.” amendment was agreed to.
Mr. FESSENDEN. In line 2673, after “coin, ” I move to strike out “uncurrent money, foreign exchange." The ainendment was agreed to.
Mr. SPRAGUE. That matter of foreign exchange I desire to call attention to. There is also a stamp tax on promissory notes, perhaps as much as on foreign exchange. There is a very large tax on promissory notes. Mr.VAN WINKLE and Mr. FESSENDEN. Very small.
The PRESIDING OFFICER. The reading will proceed.
The Secretary read the next amendment to this clause proposed by the ComFinance, which was in line 2695, after the word of, ” to strike out “the act to which this is an amendment” and insert “this act.”
Mr. FESSENDEN. I hope that amendment will not be made. We have made sevBecause there is a It is reduced from one eral amendments of that kind which have been passed over, but on looking at it I am satisfied it is wrong. This is a separate and distinct act of itself, and there are no stam duties imposed by this act that I know of. t refers to the stamp duties in schedule B of another act, and I am apprehensive, indeed I am very certain, the amendment is wrong. I hope, therefore, it will not be made. The amendment was rejected. The committee proposed to insert the word “monthly” after “paid, ” in line 2698.
Skip Skip The amendment was agreed to. The committee proposed, after the word “month, ” at the end of line 2604, to strike out “with the amount of tax which has accrued or shall accrue thereon.”
The PRESIDING OFFICER. That amendment will be made, unless there be objection. The Chair hears none. The committee also proposed in line 2707, after “ Internalrevenue, ” to strike out “ and pay to the collector the amount of tax thereon before the end of the month.”
Mr. VANWINKLE. I move to amend the amendment by striking out “July” and inserting “August.” The amendment to The amendment was agreed to, and the amendment, as amended, was adopted. The committee also proposed to insert the words “during said term” after “exended, ”' in line 2oight 100; an in line 2802 to strike out “any” before “month” and insert “ the ”
The PRESIDING OFFICER. That amendment will be made, if there he no objection. The committee further proosed to insert after the word “ term” the fol owing proviso: Procided fiqrther.That all such poisons.companies, and corporations shall have the right to add the tax im ose hereby totheir ratesof fare whcn ev ctrheir liability thereto may commence, any limitation which may exist by a wor by agreementivith apy person or companywhich may hayc paid or belia lc to pay such fare to the contrarynotmthstanding.
Mr. FESSENDEN. I move in line 2811, after the word “ under, ” to insert “the ibregoing provisions of, ” so as to read “ that no tax under the foregoing provisions of this section, ” the
The Secretary read the next clause, as follows: That section107 be amended by stm'kingout all after the enacting clause and inserting in lieu there of the following: that any person. firm, company or corporation owning or possessing or havm the care or management of any telegraphicline y which telegraphic dispatchesor messagesare receivedor transmitted shall be subject to and iiy ii tax of 3%.on the gross amountofa l.reoeiptsofsuch person.firm, company, or corporation. No amendment was reported to this clause. The next clause was read, as follows: That section 109 he amendedby adding thereto the following: Provided, That no: turn shall be required of receipts not subicct to x. The committee proposed to strike out this clause.
The PRESIDING OFFICER. That amendment will be agreed to unless there be objection. The Chair hears none. The next amendment proposed by the committee was in line 2865, after the word aforesaid, ” to strike out: And of the amonntofnotes of State banks or State banking associationspaid out by them for the previous month. And in line 2867, after “rendered, ” to strike out “ in duplicate” and to insert “monthly, ” so as to read: And a true and accuratereturn of the amount of circulation. 'oi'deposl and of en we. as aforesaid. Ghaffbe &made and ren eredmon y by each of such Ml B. 0.
Skip Skip The amendment was agreed to. The next amendment of the committee was in line 2871, after “person, ” to strike out “may reside" and insert “has his place of business.”
Skip Skip The amendment was agreed to. “ The committee next proposed after the word aforesaid, ” in line 2877, to strike out these words: And shall transmit the duplicate of said return to the ComrIntRev and within 20 days thcreaftershall payto the said ComrIntRev the taxes by law)fO scribedupon the said amountsof circulation. 0 deposits.of capital, and of notes of State banks and anking associationspaid out as aforesaid.
Skip Skip The amendment was agreed to. The committee next proposed. in line 2890, to insert between the words “deposit” an “capital” the word “and;” and after “capital” to strike out “sand notes of State banks and banking associations aid out.”
The PRESIDING OFFICER. Thatumendment will be made. The committee next proposed to strike out, in line 2897, after the words “shall be" the word “imposed” and to insert "assessed" in lieu ofit.
The PRESIDING OFFICER. That amendment will be made unless there be objection. The Chair hears none.
Mr. VANWIN KLE. I move to strike out the words “ ordut " after“tax, ” in line 20 900 an 16.
Skip Skip The amendment was agreed to. The ComFinance further prosod to strike out after the words “Internal eve nue, " in line 2924, the following proviso: And provided further, That any bank ceasingto issuenotes for circulation and which shall deposit in the Treasury of the U.S.in lawful money the amount of its outstanding circulation, to be re tdaercymedat par under such regulations as the SecyTreasury DUIYJH'BSLTibseh. all be exempt from any tax upon such circulation. And in lieu thereof to insert: Provided/huh". That whenever any State bank or banking associationhas beenorshall beconverted into a national banking association or hasceasedto do its usual banking business.including the making of loans and the receiving of deposits, thereshall be assessedand collectedin addition to the taxesiilreadv imposed a tax of one 4th of 1%. one month upon the averageamount of the circulation outstandingof any such State bank or State banking association.
Mr. FESSENDEL. I am afraid the prop position would open the door to prevent the accomplishment of the purpose we have in view. Some State banks instead of being converted into national banks formed a new national bank as apparently a separate organization, and kept up their old organization, doing business at the same place and in the same banking house; and having got the full amount of their national circulation they continued to issue their old State circulation. There seemed to be no way of preventing it. Thus they have got both the oldpand the new circulation. The object of this clause, as reported by the committee, is to check that. I am afraid that if we adopt ‘the amendment which the Senfrom Vermont proposes there will be a constant effort to keep the old circulation out, and that they will never get it in. Our object was to compel them to get in their old circulation, and certainly to prevent them from reissuing it.
Mr. EDMUNDS. I entirely agree with the object the committee had in view. It is right; but in their desire to guard against the undue action of the old State banks where they have taken advantage of the opportunity to keep out a double circulation. they ought not to do in justice to these banks which have conformed to the very spirit of the law by turning themselves bodily over. I think my amendment is not open to the objection of my learned friend, for the reason that it is specifically confined and compels the keeping in of any currency which is got in up l to and after the let of July, and it applies the amendment which the committee have recommended to issues after the 1st ofJuly and not I to the old issues. The consequence is, that if, any of these State banks reissue their bills, or, as my amendment proposes, by any act of theirs of any description are instrumental in keeping their old circulation out, then this penalty is imposed. It is certainly unjust to impose it upon a bank which in good faith has conformed to the law and whose circulation, ! old and new, is within the 90%. llimit, and who are unable to get all of their 90%. in new circulation for the reason that their old does noteome back to them, they being banks of good credit and their car rency being wanted in that community. I think the proposition which I make will = entirely guard against the wrongful practice ! of the old banks which is charged against I them, because it does not allow them to issue. any currency after the 1st ofJuly; it does not allow them to do any not for the purpose of I keeping it in circulation after the 1st of July; and that is the very form of the amendment: “issued or by any act of such bank kept in circulation after the 1st of July.” It is so just, to the great majority of these banks who have I fairly and honestly conformed to the spirit of the national currency law. that I think that on account of the fear of fraud and evasion we ought not to fail to do them justice.
Mr. FESSENDEN. I would like the opinion of my friendfrom Ohio as to whether the words “ or shall he” ought not to be stricken out of the amendment of the committee in line 2932. lfa new national bank should be formed from a State hank, it should be allowed some time to get in its old circulation. Those that have converted already have had plenty of time; but suppose a new bank is formed which has circulation out as a State bank.
Mr. SHERMAN. I want that old circulation to be subject to a severe tax because I think the old State banks ought to be subject to the severe tax of 3%. I do not think we ought to legislate in favor of those who have refused to come into the national bank system.
Mr. FESSENDEN. It has not been arefu sal. It has been owing to the fact that there was not enough national banking capital authorized to enable them to come in.
Mr. SHERMAN. But those who have kept out are generally men who held back so long that they are not entitled to any favors.
Mr. GUTHRIE. It seems to me that the circulation of the old banks that is out did not pass from the banks without a consideration from the holders, and if the banks have not paid back the notes they have yet got that consideration in their vaults, and they are pr of iting just as much by their old issues as they would by the new, or probably more; and if we are going to get this circulation in, it isjust and proper that we should hasten the process of getting it in.
Mr. FESSENDEN. I wish to ask the Senfrom Vermont how he proposes to distinguish between what circulation is kept out and what was actually out on the 1st of July.
The PRESlDING OFFICER. The question is on the amendment of the Senfrom Vermont to the amendment of the committee.
Skip Skip The question being put, there were, on a division ayes 7, aces 17; no quorum voting. Mr. EDMUNDS. I call for the yeas&nays. The one and mi s were ordered.
Mr. FESSEND ‘N. Iam satisfied, on reflection, that there is some difficulty about this matter which ought to be provided for. I do not agree exactly with the Senfrom Ohio. I know the fact which has been stated b the Senfrom Vermont that many of the t late banks which have been converted into national banks cannot get their new circulation for the reason that the old circulation is out, and they cannot get it in. That is a matter which has come within in personsl observation.
Mr. EDMUhI S. I do not mean where they have an excess over the 90%. out. You take a bank with $300,000 capital now which is converted into a national bank. They have but $100,000 in circulation, when they are entitled to $270,000 under the law. They cannot et $60,000 more, althou it they have the ban s up for it, and have ha them u for a year for the reason that their old circulation of $50,000 is still outstanding, and does not come back to them.
Mr. FESSENDEN. There is no provision of law about that, but it is a matter of regulation.
Mr. FESSENDEN. The Comptroller undertakes to make a regulation that he will not issue the new circulation to a bank except in proortion as they draw in their old.
Mr. FESSENDEN. For instance, suppose a bank to have a ca ital of $100,000; it is entitled to $90,000 0 circulation. if $50,000 of this old circulation is out, the Comptroller will allow but $40,000 of new circulation, and according as the old comes in he issues the new. It is not the object to tax them, and I came that it is not fair to tax them, on that which is out and which they cannot get in. I think this provision may need amendment if it will cover those cases, then bIam not sat isfied that the Senfrom wermont has got his amendment in such language as will sulficiently provide for the difficulty and be safe to the country. The amendment, as reported by the committee, was not designed to touch a case of that kind.
Mr. FESSENDEN. It was designed to touch cases where a bank having received its circulation before the rule was made, for in stance, not having been converted exactly, but having made itself into a national bank and kept up its old organization at the same time, and having received its new circulation, the whole amount, still kept out its old circulation, paying it out from its old banking house, time having a double circulation. There are leesan cases of that description, and this amendment of the committee was intended to reach them.
Mr. CONNESS. How can you distinguish between the two?
Mr. FESSENDEN. By the returns that are made, very easily; there is no trouble about that; it is retty well understood at the Comptroller’s office. I really do not think it would be fair to make bunks like those described by the Senfrom Vermont pay this heavy tax upon the circulation that they cannot get in unless they receive the new circulation to relace it, which they are not permitted to do. dliat I understand now to be the Senator’s 1 ea.
Mr. FESSENDEN. But I am not quite satisfied that the language of the Senator’s amendment is correct. I sug est whether it is not better to pass it by for the present, and let us look at it afterward.
Mr. EDMUNDS. I have no objection to that course.
Mr. FESSENDEN. I think the words “or shall he” ought to be struck out of the amendment of the committee, because if State banks are hereafter converted into national banks, they should have some time allowed to get their new circulation and to draw in their old. I suggest that we strike out those words, and i then correct the provision further, if it shall be found to need correction, when we get the bill into the Senate.
Mr. EDMUNDS. I had a little rather not do that. I am willing to let the whole amendment be laid aside for consideration.
Mr. FESSENDEN. The particular amendment may be passed over.
Mr. EDMUNDS. I suggest that by unanimous consent the amendment of the committee and my amendment to that amendment be passed over informally to be taken up again for consideration.
The PRESIDING OFFICER. That can be done if there be no objection.
Mr. FESSENDEN. I dislike to pass over an amendment for fear that it may e forget ten. I hope the Senator will let the amendment of the committee be agreed to now, and he can make his motion afterward.
Mr. EDMUNDS. I thought it was the suggestion of the Senfrom Maine that I was acceding to when I proposed to lay the amendment aside; but'I do not think that I ought to be asked to waive my amendment for the time being, because if we agree to the amendment of the committee as it stands withoutmy amendment
Mr. FESSENDEN. If the Senator desires to take a vote on his proposition now, I shall have to vote against it.
Mr. EDMUNDS. I cannot help that; the Senfrom Maine votes on his own responsi bility and I vote on mine. I cannot consent to see an act of injustice of this kind done without endeavoring to prevent it. Having made the effort I shall have done my duty.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Vermont to the amendment of the committee. The question being taken by ess&nays, resul yeas 11, nays 20; So the amendment to the amendment was rejected.
Mr. FESSENDEN. I now move to amend the amendment of the committee by striking out the words “ or shall be” before “ converted.”
Mr. EDMUNDS. I ask the Senfrom Maine the zeason for that.
Mr. FESSENDEN. The reason is, that if a bank should be converted hercafler, it ought to have some time allowed before the 3%. tax is imposed on its circulation.
Mr. EDMUNDS. ve well. the amendment to the amendment was ado ted. the amendmentof the committeeasamended was agreed to.
The Secretary read the following clauses, to which no amendment was reporte: That section111 be amended by inscrtnnzufter the words “proprietors. managers. 3r agent’soIflotterics" the words"and all lottery ticket an era. That section 114 beamendod by inserting after the word “ periodically, ” in thotirst sentenceof said section, the words" or otherwise or publishing any guide, almanac.eatploguc, directory or any officrpaper or book."
Mr. FESSENDEN. Before the Clerk reads the next clause which begins that portion of, the bill relative to income, perhaps it will save some time ifI make a statement or the action of the Senate. The income tax has been as sessedfor the pressnt your on last year’ sin come and the changes proposed by the HoRep cannot go into operation until i uext year, after we shall have had another session of Congress, when this matter can be more carefully revised; and as it is late in the session, and the HoRep propose many changes, the committee came to the conclusion that it would he better for this session to let the income tax stand as it is, as the provisions proposed by the House would not affect anything in relation to the collection this ear. There is, however, one provision which the committee thought ought to emade, and that will be found on pages 134 and 185, covering one case which we think ought to be provided for. Although I do not know that that can be operative this year, it can do no harm to make the revision.
Mr. SHERMAI. It may be enforced this ear.
Mr. FESSENDEN. It may possibly be, and therefore that amendment is reported. If the Senate agree to let the income tax stand as it is for this year, as it has been assessed, and the time has gone by when anything could be done in regard to it, making the single exception which I have stated, the reading of all those pages which the committee propose to strike out may be dispensed with.
The PRESIDING OFFICER. Ifno senator calls for the reading of the clauses proposed to be stricken out, the question will b. but on striking out all from line 2948 to line 3107, without reading them, and to insert in lieu of those clauses what will now be read.
The Secretary read the words proposed to be inserted, as follows: That section 116be amended by insertinR after the words “on the excess over $5,000"the following: and a.like tax shall be levied, collected and paid annually upon the gains. profits, and income of every business.trade or profession carried on in the L U.S.s by personsresiding Without the U.S. not citizens thereof.
The Secretary read the next clause of section 9 of the bill, as follows: byThat section 119 beamended strikinsrout all after the enacting clause and insertingin lieu thereof the following: that the duties on incomesherein imposedshall be levied on the 1st day of May and be duo and payable on or before itnhge 30thday of June in eachyear.until and includ the year 1870 and no longer and to any sum or sumsannuallyduc andunpaid afterthe 30thof June. as aforesaid and for ten days after notice and demand thercofby the collector, there shall be levied in addition theretothe sumof 10%. on the amount of duties unpaid. as a penalty. exceptfrom the estatesof deceasedor insolvent persons. The ComFinance proposed to amend this clause, in line 3116, by striking out the word “ duties “ and inserting “taxes.”
The Secretary read the next clause, as follows: That section 120 be amended bystrlkin: out the proviso to said section and insertingin lieu there of the following: h om'fled, That the tax or duty upon the dividendsof life insurance companies shall not be deemeddue untilsuoh div idends are payable; nor shall the portion of premiumsreturned by mutual life insurance companies to their policy holders, north c nnnualorsemi annual interest allowed or paid to the depositorsin savings banks, or savingsinstitutions. be consideredas divi dends. The ComFinance proposed to amend this clause, in line 3129, by striking ontafter the word “tax” the words “ or duty.”
Mr. FESSENDEN. That is to leave the law as it is now.
Skip Skip The amendment was agreed to. The next amendment was in line 3145 to strike out “1,000” and insert “600.”
Skip Skip The amendment was agreed to. The next amendment was in line 3152 to strike out the words “duty of 5%.” and to insert the word H tax I)
Mr. VANWINKLE. In line 3157 the word “duties” should bestricken out and “taxes” inserted, and in line 3159 the word “duty” should be changed to “ tax.”,
The PRESIDING O i‘FICER. Those corrections will be made unless there be objection. The next amendment was in line thirt 165 to strike out “I ties or" before “taxes, ” and in line 3170 to strike out the word “duty” and insert “tax.”
Skip Skip The amendment was agreed to. The next amendment was to strike out the proviso at the end of the clause, in these words: Prooided furth er. That this sectionshall not apply to paymentsmadeto mechanicsor laborers employed upon public works.
The Secretary read the next clause, as follows: That section.1124 be amendedby adding thereto the following additional proviso: Provided further. That any legacy or share of emonalproperty using as aforesaidto n chi inine d of the personw0died possessedas nforesnr shall be exempt from taxation or duty under this section.unlesssuch lc soy or sharesha l CONKLING sum of 91.000 in which case the excpssonl above that sum shall be liable to such taxation or duty. The Committee on ’Finance proposed to amend this clause, in line 3100 , by striking out after the word “taxation” the words “or duty;” and also in line 3180 by striking out the words “1,000” and inserting “600.”
Mr. VANWINKLE. The words “or duty” at the end of the clause should also be stricken out.
The Secretary read the next 2 clauses, to which the ComFinance proposed no amendment, as follows: That section 125 be amendedby insertingafter the words “that the tax or duty aforesaid." the following: “shall be due and payah owhonevertheparty interestedin such legacy or distributive shareor propertyor interestaforesaid shall becomeentitled to the possessionor enjoyment thereof or to the beneficial interests in the profits accruingtherefrom and thesame;" and by inserting alter the words " U.S."in the 1stsentence ofsaid section.the words "and everyadministrator. executor or trustee.having in charge or trust any legacyor distributive share.as aforesaid shall give notice thereof in writing to the assessoror asst iiacessor of the district where the deceased.grantor or bargaiuer last resided.within 30 days after he shall have taken charge of such trustz" and by inserting after the words “ shall makeout such lists and valuation asin other casesof no lect or refusal and shall assess the duty thereon." the words “ and in caseof willful neglect.refusal or false statement by such executor.administrator or trustee.asaltiro aid. he shall be liable to a.penalty of not exceeding 1,000.to be recoveredwith costsofsuit." That section 137 be amended by inserting alter the words:‘imposed by this act" the words "shall be assessedin the collection district wherethe estateis situate. and."
The Secretary read the next clause, as follows: That section 13oight be amendedby adding theretothe words: “an every such personhaving in chargeor trustany disposition of real estate or interest therein. subject to tax or duty under this act shall give notice thcreofiri writing to the assessoror asstassessorpfthe district where the estate is situate.within 30 daysfrom the time when he shall have taken charge of such ttrougsett.haenrdprior to anydistribution ofsuid real estate. with a description and value thereof and the personsinterested therein: andforwillful ne lect or refusal so to do shall beliableto a penalty 0 not exceeding$500.to be recoveredWith costsof suit." The ComFinance proposed to amend this clause in line 3211 by striking out after the word “ tax” the words "or duty;” and in line 3217 by inserting the words “the names of” before the words “the persons."
The Secretary read the next clause, as follows: That section 145 be amended by insertin after the word “ ears" the words " from the time when such tax or duty shall have become due and payable." The ComFinance proposed to amend this clause in line 3223 by striking out after the word “tax” the words “or duty.”
Mr. VANWINKLE. In line 30 228 the article “a” should be inserted before the word “tax.”
Skip Skip The amendment was agreed to. The Secretaryread the next clause, as follows: That section 148 be amendedbystriking out all after the enactingclause and inserting Ind“!!! thereof the following: that if any person required to give any such notice or deliver such account as aforesaidshall willfully ncglect to do so within the time required by law. he shall be liable to pay the U.S. a sum eqgialto 10%. upon the amount.of duty payable by him: and if any person liable under this act to pay any duty in respectof his succession shall after soc dnuetg shall have been finally ascertained.willfull cct to do so within ten daysafter bein notillc. he shall alsobe liable to pay to the U.S.a sum equal to 10%. upon the amountof duty so unpaid. at the'sametune and in the same manner as the duty to be collected. The ComFinance reported an amendment to this clause, to stri 'e out the word “duty” wherever it occurs and to insert the word “tax.”
The Secretary read the following clauses of section 9, to which the ComFinance reported no amendment i That section 150 be and the same is hereby.repealed. byTshtartiksiencgtion 152 be amended serting in out all alter the enactingclauseand in lieu thereof the following: that it shall not be lawful to record any instrument document or paper required by law to be stamped.unlessa stamp or stamps of the proper amount shall have been aflixed and canceled in the manner required by'iiiw; and the recordof anysuchinstrumen upon which the proper stamp or stamps aforesai shall not have beenaflixed and canceled as aforesaid shall beutterly void, and shall not be usedin evidence.
The Secretary read the next clause, as follows: by Tshtartiksiencgtioonutonaellhaufntedrrethdeanednfiafcttyin fgonclrabuesaemanedndined sertingin lieu thereof the following; that all official instruments.documents and papersissuedbyofficers of the U.S.Government or by theoliicers of any State. county. town or other municipal corporation. shalfbe and hereby are. exempt from tax or duty: Provided. That it is the 'intent. herebyto exemptfrom liability to taxation in the exerciseof functions strictly belonging to them in their ordinary governmental and municipal capacity. The committee proposed to amend this clause by striking out in line 30 r296 the words “tax or duty ” and insert in “taxation.” he amendment was agreed to. The committee also proposed to amend this clause by inserting after the word “taxation ” in line 3298, to words “such State, county, town, or other municipal corporation, ” and after “exercise, ” in line 3299, by inserting “only;” so as to make the proviso read: Provided. That it is the intent hereby to exempt from liability to taxation such State.county. town or other munici nnlcorporation in the exerciseonly of functionsstrictly belongingto themin their ordinary governmental and municipal capacity.
Mr. VANWINKLE. I move to amend this clause by striking out after the word “afore said, ” in line 30 threc63, the words “shall be deemed guilty of felony, and.” I
Skip Skip The amendment was agreed to. The committee next proposed, in line 3404, to insert the words “ or copy” after “ instrument, ” and after “margin” to strike out “of said instrument” and to insert “thereof.”
The PRESIDING OFFICER. That amendment will be made. The next amendment proposed by the committee was in line 3106, after the word “and, ” to strike out “such in strument” and insert in lieu thereof the words “the same."
The PRESIDING OFFICER. That amendment will be made. The committee next proposed, in line 3421, to strike out passage of this act” and to insert “ 1st day 0 July, 1866. August 1. 77.
The PRESIDING OFFICER. It will be so modified. The amendment, as modified, was agreed to. The next amendment proosed by the committee was in line 3 our29, alter the word “aforesaid, ” to strike out“ shall have been.”
The PRESIDING OFFICER. That amendment will be made. The next amendment proosed by the committee was in line 3 our32, after the words “shall be, ” to strike out “the duty of " and to insert “lawful for.”
The PRESIDING OFFICER. That amendment will be made. The next amendment was in line 3437, afterthe word “and, ” to strike out “after such record or entry, ” and afier “instrument, ” in line 3438, to strike out “on” and insert or
The PRESIDING OFFICER. Thatamendment will be made. The next amendment was in line 3441 to strike out “provided, that” and to insert “but.”
The PRESIDING OFFICER. That amendment Will be made. The committee also proposed to amend in line 3400) and 44 after the word “provided, ” by inserting “i such record he reguired by law.” The amendment was agreed to.
The Secretary read the next clause of section mne, as follows: That section 163 be amendedbystriking out all after the enactingclause and inserting in lieu thereof the following: that hereafter no deed. instrument. document. writing or paper required by law to be stamped which has been signed‘or issued without beingduly stam ed or with a deficient stamp nor ugly copythereofm all be recorded, or admitted or us as evsdenooin any court until s, legal stamp or stamps. denoting the amount of duty shall have been allixod theretoby the collector. as prescribedby law: Provided. That any iower of attorney.conveyance or documentof any ind. made or purporting to be made in any foreigncountryto be used in the U.S shall ipnasytruthmeesnatms oerdduotycuams eisntrsewquhiernedmbay dloeworonisssiumeidlainr the U.S.; and the party to whom the same is issued or by whom it is to he used shall. before using the same ullix thereon the stamp or stumps indicating the duty required. The ComFinance reported no amendment to this clause.
Mr. VANWI NKLE. I move to amend that clause by striking out the word “duty” and inserting “tax” in lines 3455, 3459, and 3464.
The Secretary read the next 2 clauses, to which the ComFinance reported no amendment, as follows: Thatscction ouc100and65beamended by striking out all after the enacting clauseand in scrting in lieu thereof the following: that if any person. firm. company, or corporation shall make. srrcupgnsr.mc.eadniedinseelsl. oprrreepmaroavteiofonreso.cmon psousmitipotniosn.aorrt icslaelsc or things. including perfumory.cosmetics.lucifer or friction matches. cigar h hts.orwax tapers.andplaying cards, and alsoincluing preparedmustards, preserved meats.fish.shell fish fruits vegetables sauces. siru s. jams. andjcllies. When packed or sealed incans. bott csor othersinglepackages.whether of domestic manufacture or imported.upon which a duty or tax is im osedby law. as enumerated and mentioned in sclic ale 0. Withoiit allixingthereto an adhesivestamp or label denoting the tax before mentioned.heorthey shall incur a penalty of 50 dollars for every emission to Mix such stamp. That section 169 be amended by striking out all alter the enacting clause and inserting in licn thereof the following: that anyper son who shall offer or exposefor saloany of the articles named in schedule C or in any amendments thereto.whether the articlessoofferedor exposed are imported or are of foreign or domesticmanufacture. sjehcatll be deemed the manufacturer thereof, and subto all the dutics. liabilities and penalties imposedby law in regard to the sale of domcstic articles without the useof the properstain or stampsdenoting the tax paid thereon and all such articles importedor of foreign manufactureshall. in addition to the import duties imposed on the same he an 'cet to the stamplax. respectively.prescribedin sch ale 0. as aforesaid.
The Secretary read the next clause, as follows: That schedule B. preceding section 171.be amended by striking out all of the paragraphs relating to “ gaugor ‘sreturns" and “nicasurcr's returns;” and by striking out all from “receipts for the payment of any sum of money" down to "wcigher's returns. if of a weight not excceding 5,000 pounds ten cents exceeding 5,000 pounds. 25 cents. inclusive and inserting in lieu thereof the following: receipts for an sumof money or for the paymentof anydebt oxoeeing 20 dollars in amount. not being for the satisfaction of any mortgageor Judgment or decrecof any court or by indorsement on nnystamped obligation in acknow edmentof its fulfillment. for eachreceipt 2 cepts: omd. That when more than one signatureis allixed to the same paper. one or more stumpsmay be affixed therctohrepresentin the whole mount of the stamp required for sue signatures. The ComFinance proposed to amend this clause by adding at the end of it the following: And that the term " money." as herein used shall be held toincludedrafts and other instrumentsgiven for the paymentof money. The amendment w asagreed to.
The Secretary read the next clause, as follows: That schedule B.’ preceding section100 aatnedly 70 zonc.be amendedby inserting immedi preceding the promiserelating to stampson mortgages the following: upon everyassignmentor transfer of a mortgagethe same stamp duty upon the amount remaining unpaid thereonas is herein imposed.upon a mortgage for the same amount. Also strike out the words “mortgage or" in said mouse. The ComFinance reported several amendments to this clause. The 1st wasin line thi 516, to insert the wo “further” before the word “amended.”
Skip Skip The amendment was agreed to. The next amendment was in line 3519, to strike out the word “duty” and to insert “tax.”
Skip Skip The amendment was agreed to. The next amendnfent was in line 3521, afterthe word "also" i t"o strike out the word “strike” and to insert by striking.”
Skip Skip The amendment was agreed to. The next amendment was to insert at the end of the clause the following words: Also. by inserting the words “domestic and inland bills ofluding and" after "the" and before “ than" in the 1st line ofsaid schedule.
Mr. FESSENDEN. The word “ the” that is noted in line thir dive20 t rec should be “t an, ” and the word “than” in the next line should be “those.” The amendment to the amendment agreed to. The amendment, as amended, was adopted. The next amendment was after line 30 520 ‘four to insert the following clause: That scheduloBbenmended.underthohoadofcon tract. by striking out the words following: “stocks. bonds and notesof hand.” and by inserting before the word “exchange” the word "inland." Also. by i“nsertln under the headof contract.after the words for sue noteor memorandumof solotencents."the wordsfollowing: “bill or memorandumof the sale or contract for the sale of gold or silver bullion. foreign exchange.coin. uncurrent money.promissory notes or other securities shall pay a stampduty at the rate provided in section99."
Mr. FESSENDEN. I move to amend the amendment by striking out the words “and by inserting before the word ‘exchange’ the word ‘inland.’ ” The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 3531, after the word “of.” I move to insert “ stocks bonds, ” so as to read, “the sale of stocks, bonds, gold or silver bullion, ” die. The amendment to The amendment was agreed to.
Mr. FESSENDEN. In line 3532 Imove to strike out the words “ foreign exchange, ” and also “ uncurrent money.” The amendment to The amendment was agreed to.
Mr. VANWINKLE. In line 3534 I move to strike out the word “duty” and to insert “ tax.” The amendment to The amendment was agreed to.
Mr. SPRAGUE. I should like to ask the Senfrom Maine why he leaves out “for ei exchange.” air. FESSENDEN. For the same reason that it was left out before.
Mr. SPRAGUE. I should like tomention that there is also another class of securities. “letters of credit, ” which go alongside of foreign exchan e.
Mr. FESSEINDEN. They are not in the original tax bill. I suppose.
Mr. SPRAGUE. should like to call the attention of the committee to the subject, that they may think ofit. Letters of creditare subject to taxation as much as bills of exchange. The amendment, as amended, was adopted.
The Secretary read the next clause, as follo ws: That schedule Qbe amended by striking out the paragraphin relation to photo ruphs. That schedule C be amende by striking out the paragraph relating to cigar lights and wax tapers and inserting in lieu thereof the following: for wax tapers.COuble the rates liercin imposed upon friction and lucifer matches: on cigar lights. ivhcther madeiu whole or in part of wood. wax, glass.paper or other materials.in parcclsor packagescontaining 25 lights or lossin each parcel or package. one cent: when in parcels or packages containing morethan 25andnot morethan 50 lights. 2 cents: for every additional 25lights or fractional part of that number.onecentadditional: and by striking.out all after the words “playing cards” and inserting in lieu there of the following: For and upon everypack. not exceedinglilly tivo cardsin number. irrespectiveof price or value, flve cents; for and upon everycan. bottle or othersingle package containing meats fish shcllfish, fruit vegetables saiiccs siriips prepared lllllfll ‘lfllJ ‘lmr‘ or jcl lics contained therein and packed or scaled. prepared and sold or olferedfor solo or remmonvdela for consumptionin the U.S.on and after the lat day of October. 1866. When such can. bottle or other single package with its contents shall not exoced two poundsin weight the sum ofoiic cont, When sac can. bottle or other single pmkggq, with its contents shall exceedtwo pounds in weigh for every additional pound or fractional part thereo 0110Ben The ComFinance proposed to amend this clause, in line thirt dive37, by inserting the word “fur ther" before “amended.”
Mr. FESSENDEN. In line 3541 I move to strike out the word whetl er " before the word “ made.” and after the wori “ made" to strike out the words “in whole or.” so that it will read, “on cigar ‘lights made in part of wood, ” &c.
Skip Skip The amendment was agreed to. The ComFinance proposed to insert after line 3566 the following: That section 107 be amended b adding thereto the following proviso: Broculed a That no claim for draw backon anya" ticles of merchandise exported prior to June 30, 1861 shall be allowed unless presented to the ComrIntRev within 3 monthsafter is amendmenttakes effect.
Mr. FESSENDEN. I move that the further reading of the bill be dispensed with for today, and that the bill be postponed until to ine ri'ow. It will then come up as the unfinished business, I suppose.
The PRESIDENT protempore. Not if it is ost oned b a vote.
Mr. FESSENDEN. Then I will withdraw that motion, and move that the Senate adjourn, as I do not desire to go further today. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, June 21, 1866. The House met at 12 o’cloek m. by the Chaplain, Rev. C. B. Bon'ros. The Journal of yesterday was read and approved. Prayer
Mr. STEVENS. I rise to a correction of the Journal. I find that Senate bill No. 317 in relation to the Pacific railroad, is recorded as having been taken from the Speaker’s table and referred to the ComPacificRR. Being unwell yesterday I went out, and camein just as l supposed the Clerk was reading it, and I made a motion to lay the bill on the Speaker’s table. A bill was laid on the table but it proves not to be No. 817. I hope there will be no objection to letting it lie on the table.
Mr. WENTWORTH. I rise to state that I was watching the same bill as well as the Gentfrom Pennsylvania and it is no mistake of the J0urnal though it may be a mistake of the gentleman. On behalf of m constitquents, who are deeply interested in that bill. I wish it to o to the committee of which my friendfrom Pennsylvania lsa member. I want him to examine it in the committee, and therefore I must object to the proposition.
Mr. STEVENS. I do not ask to make any disposition of it now except to lay it. on the Speaker’s table.
Mr. STEVENS. If I had been well [should have asked no such favor.
Mr. WENTWORTH. It is a matter of great. interest to m coastituent s.
Mr. STEVlilNS. I will reciprocate the court esy at the propos time. RICHARD A. LAW.
Mr. RICE, of Massachusetts. I desireto call up the mtRtv Senate JtResolution No. 100 for the resto ration of Commander Richard. Law to the active list from the reserved list, was referred to the ComNavAffrs. The mtR agreed to.
The SPEAKER. By a motion to reconsider. It was referred to the ComNavAffrs, and a motion was entered to reconsider the vote by which it. was referred. The Gentfrom Massachusetts now calls it up as a privileged motion.
Mr. WASHBUHNE, of Illinois. I do not wish to embarrass this JtResolution, but I do desire to have an amendment made to it, and I ask the gentleman to withdraw his proposition now and make it at some other time. desire to add the name of S. Livingston Breese, a most meritorious young officer.
Mr. RICE, of Masmc'husetts. This bill has passed the Senate and has been considered by the ComNavAffrs in its present form and unanimously approved.
Mr. WASHBURNE. 0 Illinois. I do not think that my iroposition is out of place. it will not delay the passage of the bill more than a day, and I think I can explain that it is very proper that the amendment should come in. I have just returned to the House after a long absence and the amendmentl offer is one in which I am very much interested.
Mr. RICE, of Massachusetts. I must insist I cannot consent to on the ssnge of this bill as it now stands.
Mr. AASHBURNE, of Illinois. I ask that the bill be read, and then I will submit my amendment. The bill was again read.
Mr. WASHBURNE, of Illinois. I now move to amend the bill so as to include S. Livingston Breese. I hope the gcutle iiinn from Massachusetts will not object to that.
Mr. RICE, of Massachusetts. The case. to which the gentleman refers has never been examined by the ComNavAffrs. I shall be entirely Willing to consider the case in committee.
Mr. WASHBURNE, of Illinois. I do not wish to embarrass the gentleman‘s bill. I
The SPEAKER. The gentleman is aware l of the fact that it is very doubtful whether his, amendment is in order, as this is a private bill. 5
Mr. WASHBURNE, of Illinois. Very well; then I will not press my amendment.
Skip Skip The JtResolution was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed. Mr. RICE, of Massachuseets, mtRtv the Jtresolution was passed; upon the table. agreed to. PENNSYLVANIA CONTESTED ELECTION.
Mr. DAWES presented additional papers in the case of Koontz vs. Coffrotli; which were referred to the ComElections, and ordered to be printed. ItEOlrGANXZATXON OF TREASURY DEPT. I must insist on the passage of the bill as it is. l l
Mr. MORRILL, from the Committee of. Ways&Means, reported a bill to reorganize the Treasury Dept and fix the pay | of its officers; which was read a 1st and 2nd time.
Mr. MORRILL. I move that the bill be recommitted to the ComWays&Means, and ordered to be printed. I will say that last year the sum of 8250.000 was approriated to be distributed by the SecyTreasury at his discretion among l the employee of his Dept. That gave rise to great dissatisfaction. A bill has recently passed the Senate of a similar kind, but upon conversation with members of the House I was quite satisfied that a bill of that character could not pass the House. It is apparent that many of the employees of the Treasury must have their pay increased or their services cannot be retained. The Treasury Dept has been informed that in order to give any of these parties increased pay a bill must be passed fixing it definitely. In pursuance of that suggestion this bill has been preiared, and while it will reorganize the Treasury dept it will retain about the same number of employees, and instead of increasing the expenses of the Dept $200,000 it will only increase the expenses $85,000. I ask for the reading of a letter from the SecyTreasury 0n the subject.
Mr. STEVENS. I desire to ask a question or two, as this is rather an extraordinary bill. This whole matter has been before the ComAppropriat. The SecyTreasury reported to us that of the $ 0,000 appropriate for contingent expenses, he had used $25,000 iving it. to the higher class clerks, and Congress to dispose of the residue, $225,000, so as to take it. out 09f his hands. Our committee, 5 months ag, went on and made that distribution as they thought right. The bill we proposed was passed and went to the Senate, and [learn now that since all that was done, the SecyTreasury has undertaken todistrihute this very fund and has given it to the heads of bureaus and the higher class clerks again in defiance of the action of the House which he had himself invoked. I understand this movement now to be ifl understand the movement at all to take this matter away from the committee who have it in charge, to whom this very matter was referred upon its return from the Senate. Now, I do not know what motion the Gentfrom Vermont [Mr. MORRILL] has made; but when he comes to make any motion I shall move that this whole subject he referred to the ComAppropriat. And if the subject is now before the House I will move that it be referred to the ComAppropriat.
The Speaker. The Gentfrom Vermont, [Mr. Meimii.1.] as chairman of the ComWays&Means, has the right to report a bill at any time for recommitment. The Gentfrom Pennsylvania [Mr. STEVENS moves to amend by referring the bill to the ComAppropriat.
Mr. MORRILL. The subject was referred to the ComWays&Means. I believe so far as that committee is concerned we are not disposed to magnify our office at all, or to grasp any business that does not properly belong to us. This sub'cct was properly referred to the Committee of Vays and dreams as a report from the Treasury Dept. Under the rules it is a pror subjectto be referred to the Committee of eye and Means. The bill contains no appropriation, and does not take from the ComAppropriat any subject which they have now before them. It only proposes to legislate for the future, to reorganize the Treasury Dept, so that hereafter there will not be that complaint which the Gentfrom Pennsylvania [Mr. S'rsvsxs] now makes and no doubt just. I trust. therefore, that the motion madeb me to have the bill printed and recommittedto the ComWays&Means will be received. I have nothing further to add, and therefore call the previous question.
Mr. SCHENCK. I hope the gentleman will give way to have the proceedings of the last meeting of the Johnson deptal club read before calling the previous question.
Mr. MORRILL. I must decline atpreseut. When the matter is again reported the gentleman will have an opportunity to have the procecgings of the Johnson club or any other club rea.
Skip Skip The previous question was 2nded and the main question ordered; which was upon the motion of Mr. S'rsvsss to amend the motion of Mr. Momma. by striking out “Ways&Means” and inserting “Approriations.”
Skip Skip The question was taken; an upon a division there were ayes 44, noes 49. Before the resultof the vote was announced, Mr. STEVENS called for tellers. Tellers were ordered; and Messrs. Sruvsss and Monniu. were appointed. The House again divided; and the tellers reported ayes 45, noes 50. before the result of the vote was announced, Mr. SCHEBCK said: I call for the ycas&nays. I am sorry I had not the opportu niti to show what kind of speeches are made an resolutions adopted in the Johnson deptal club h men whom the SecyTreasury should have dismissed long ago, out of regard to decency and propriety, but whom he still retains m office. The yess and pays were ordered.
Skip Skip The question was taken; and it was decided in the negative yous 41, says 76, not voting 65; So the amendment was not agreed to. The question recurring on the motion of Mr. Monniu., that the bill be printed and recommitted to the Committee at Ways&Means, the motion was agreed to. LEAVE 01"ABSENCE.
Mr. HOLMES asked and obtained indefinite leave of absence for his colleague, Mr. VANArman.
Mr. DAVIS asked and obtained leave.of ab sence for Mr. Rarxoxn until Monday next. ENROLLBD BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled bills and JtResolutions of the following titles; when the Speaker signed the some: An act( I. R. No. 402) making appropriations for the repair, reservation, on completion of certain ub ic works heretofore commenced under the authority of law, and for other purposes; An not (H.R.No. 661) changing the name of Emil Cohen;JtResolution (H.R.No. 148) to authorize the distribution of surplus copies of the American State Papers in the custody of the SecyInterior; andJtResolution (H. It. No. 166) to pay the State of Vermont the sum expended for the protection of the frontier against the invasion 'rom Canada in 1864. PRINTING RECONSTRUCTION REPORTS.
Mr. LATHA M. I report from the ComPrintg the fo lowing resolution: Resolved, That therebe 50,000extracopies of eachof the reports from the ComReconstruction printed for the useof the members ot this House. Mr. Speaker, ldesire to make a short explanation. Of the 3 members ol this committee on the part of the House, I am the only one now present
Mr. BOUTWELL. I desire to ask the gentleman whether he intends by this resolution that these reports are to be printed separately or in one pamphlet.
Mr. LATHAM. My intention, in framin the resolution, was that they should be printe separately.
Mr. BOUTWELL. I for one object to any such arrangement. The 2 reports should be printed together. They are from the ame committee and relate to the same subject.
Mr. LATHAM. I have no objection to that, and if it be desired, I will give that direction to the Printer.
Mr. BOUTWELL. I move to amend the resolution by adding “ said reports to be printed to ether.”
Mr. LATHAM. I have no objection to that amendment. I was remarking, Mr. Speaker, that I am the only member of the ComPrintg now present. The Gentfrom Ohio [Mr. CLARKE] has been absent for some time. I do not know how long he may remain away. Another of my colleagues, the chair man of the committee, [Mr. Liiirs] left the city on the day when the minority report was handed in. We were prepared to report in favor of 50,000 copies of the majority report, and had been waiting for several days for the minority report. Since the presents tion of the latter report I have had no opportunity to consult witi the chairman. I have no information as to the length of time he may be absent. As members of the House ap ear desirous that the reports shall be printed as soon as possible, I have concluded to submit the resolution in this form, so that the House may act upon the subject.
Mr. LeBlOND. I wish toinquire whether this resolution embraces the minority report.
Mr. LeBlOND. I do not so understand. It simply provides for printing “each of the reports.” he SPEAKER. The Chair understands it as embracing the majority and minority reports. They are the only 2 argumentative reports that have been made b the committee.
Mr. LeBlOND. It would not necessarily embrace the minority report if there were 2 majority reports.
Mr. MO tRILL. The phraseology can be changed so as to specify the majority and minority reports.
The Speaker. The resolution will be modified in that respect if there be no objection. There was no objection.
Mr. CONKLING. I ask that the resolution be read as modified.
The Clerk read as follows: Resolved.That there be 50,000extra copies of eachof the reports of the majority and minority from the ComReconstructionprinted for the useof the membersof this House.
Mr. STEVENS. I move to amend by striking out “ 50,000" and inserting “100,000.”
Mr. WASHBURNE, of Illinois. That is all right. Let 100,000 copies of the majority and minority reports be printed together. the SPEAKER. The pending question is on the amendment of the Gentfrom Massachusetts [Mia Bourwni.i.] to add to the resolution the words, “said reports to be printed together.”
The SPEAKER. The gentleman cannotac cept itwithout unanimous consent. Is there objection?
Mr. BANKS. I call the previous question.
Skip Skip The previous question was 2nds and the main question ordered; and under the operation thereof the amendment of Mr. BOUTWELL was agreed to.
The Speaker. The question recurs on the amendment of the Gentfrom Pennsylvania [Mix Srsvnss] I am willing to accept that to strike out “ 50,000” andinsert“ 100,000.” On the question there were ayes 76, noes not counted.
Mr. FINCK. I call for the yeas&nays. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the allirmative yeas 91, nays 23, not voting 68; So Mr. Srsvsss’s amendment was agreed to.
Mr. GARFIELD. I move to strike out the words “each of, ” a mere verbal amendment.
Skip Skip The amendment was agreed to. The resolution, as amended, was read. The resolution was then adopted. BENJAMIN BLAKENEY, ET AL.
Mr. JULIAN, by unanimous consent, from the ComPubLands, reported adversely on the memorial of Benjainin Blakeney and Samuel N. Jackson, and others, praying for a grant of lands lying within 15 miles on either side of the Des Arc, Darda nclle, and Fort Smith railroad, lin the State of Kansas; and the same was laid upon the table. PERSONAL EXPLANATION.
Mr. BALDWIN. Mr. Speaker, I desire to make a personal explanation. On examining the statement of the amounts of salary and mileage paid to members of the 38th Congress. sent to the House from the Treasury Dept, I find it stated that I was paid $790 40 mileage and $5, 920 salary for the 2 years. The actual amount of mileage paid me for the 2 years was $710 40 of which about 35 dollars was returned to the Treasury in compliance with the internalrevenue laws. The books are in agreeinentwith my statement, and they are balanced by reducing the amount paid as salary. The statement from the Treasury gives the amount of travel allowed me for the 2 years as 1976 miles; according to the books it was 1776 or 4 times 444. I notice similar errors in other cases. There is a similar over statement of the amount of mileage in the case of 4 of my colleagues. In the case of the Gentfrom Oregon, the overstatement of the amount of mileage appears to be $1,000. This was needless, as the amount actually paid, $11,531, was already sufficiently extravagant. Mr. Speaker, having made this statement, I ask permission to introduce the following res olution: Resolved That the ComAppropriations be directed to invjest ateandrepprtin regard to the errors in Executivp ocumsnt o. 125 and also to considerthe expediencyofa revision of the existing law in regard to mileage.so as to make the payment of mileagemoreequal and more accordantwith the actualcostof travel to and from the national capital at the presenttime. There being no objection, the resolution was considered and agreed to. FULLER VERSUS DAWSON.
Mr. PAINE. I rise to a question of privilege. I am directed by the ComElections to submit a report on the contested election case of Fuller against Dawson. I shall not call it up for action until the latter part of next week. I move that the report be printed and laid upon the table. The report concludes with the following resolution: Resolved.That Hon. ] on L. DAWSON is entitled to retain his seat asa Representativein Congressfrom the 23rd district of the State of Pennsyl vnnin. The report was laid upon the table and ordered to be printed. GRANTING OF THE PRANKING PRIVILEGE.
The Speaker laid before the House a letter from the SecyTreasury recommending that the franking privilege be granted to the chairman and the 2 secretaries of the LightH0use Board, as requested in the communication inclosed from the chairman of the board; which was referred to the comPostOffice and Post. Roads and ordered to be printed. AGRICULTURAL appear.
The Speaker also laid before the House reports and essays from the volume of the Annual Report for 1865 of the Dept of Agriculture.
Mr. WILSON, of Iowa. I move that the same number of copies be printed as were ordered last year. I will say 100,000 copies.
The SPEAKER. That motion will be referred to the ComPrintg, under the law. DEPUTY SOLICITOR OF COURT OF CLAIMS.
Mr. PHELPS. I ask unanimous consent to offer the following resolution: Remlved.That the comAppropriationsbe instructed to inquire into the expediencyof increasing the salary of the deputy solicitor of the Court of Claims and to reportby bill or otherwise.
Mr. HARDING, of Illinois. I object, and demand the regular order. NORTHERN KANSAS RAILROAD. The House accordingly resumed, as the 1st business of the morning hour, the consideration. of the unfinished business of yesterday at the exiration of the morning hour. being Senate bilTNo. 145, for a not of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, on which
Mr. BIDWELL. I ask the Gentfrom Missouri [Mr. LOAN] to allow me to make a statement in reference to what I wish to transpire after this bill is completed.
Mr. BIDWELL. Only a moment. The next committee to be called is the ComClaims. Yesterday the bill in relation to the railroad connecting California with Oregon was recommitted to the ComPacificRR. I have modified the bill so as to do away, I think, with all the objections made to it. I feel so anxious about it that I desire to have it come in this morning, with the consent of the ComClaims, after this bill is acted upon, provided the House will agree to it.
The Speaker. That’will require unanimous consent.
Mr. WASHBURNE, of Illinois. consent to that.
The SPEAKER. The Gentfrom His souri [Mr. Loss] will proceed.
Mr. JULIAN. move to strike out, in line 9, the word “ ten” and insert “ 5” in lieu thereof.
Mr. LOAN. I new demand the previous question on the bill.
Skip Skip The previous question was 2nded and the main question ordered. The substitute was agreed to. The bill was then ordered to a 3rd reading; and it was accordingly read the 3rd time. Mr. LOAN. I demand the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. WASHBURNE, of Illinois, demanded the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in then rm lative yeas 61, nays 48, not voting 78;. So the bill was passed. Mr. JULIAN mtRtv the bill was passed; upon the the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SMITH, one of its Clerks, informed the Hyousethat the Senate had indefinitely postponed the JtResolution of the House ( o. 9,) to amen the Constitution of the U.S. The message further informed the House that the Senate had passed a JtResolution S.R.No. 112 for the relief of Mrs. Abby reen; in which the concurrence of the House was requested. ORDER OF BUSINESS.
The Speaker. The next business in order is reports from the ComClaims.
Mr. WASHBURN, of massachusetts. How much of the m rning hour is left?
The SPEAKER. The morning hour will expire in 35 minutes. HORACE I. HODGES.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back, with a recommendation that the same do pass, House bill No. 626, for the relief of the heirs of Hor ace I. Hodges. The question was n on ordering the bill to be engrossed and tea a 3rd time. ‘The bill was read at length. It provides that in the settlement of the accounts with the Treasury of Horace I. Hodges, deceased, late captain and asst quarterniaster of U.S. volunteers, there shall be allowed in his favor the sum of $1, 266 40 on account of the loss of that amount of public funds in his hands by the capture of Plymouth, NCarolina, by the rebels on the 20th of April, 1864, the loss being without ne lect or fault on the part of said Hodges, and e having lost his 1i 0 at that time in attempting to carry orders from the commanding officer at Plymouth to the U.S. gunboat. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed.
Mr. WASHBURN, of Massachusetts, mtRtv the bill was passed; on the table. agreed to. CAROLINE A. RANDALL.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reporteda JtResolution for the relief of Caroline A. Randall, administratrix and widow of Charles B. Ran dall, deceased; which was read a 1st and 2nd time. The question was upon ordering the JtResolution to be engrossed and read a 3rd time. The JtResolution was read at length. It directs the proper accounting officers of the Treasury Dept to pay to the legal representatives of Charles B. Randall, deceased, late lieutenant colonel of the 149th regiment of NewYork volunteer infantry, who was killed in action the 20th of July, 1864, at the battle of Peach Tree Creek, Geor a, the sum of $175 out of any money in the reasnry not otherwise appropriated, as payment for one private horse used by said andall in the military service, which horse was lost by starvation 2 days after the death of said Randall.
Skip Skip The JtResolution was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. WASHB URN, of Massachusetts, mtRtv the JtResolution was passed; on the table. agreed to. WILLIAM PIERCE.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back, with a recommendation that it do not ass, Senate bill No. 231. for the relief of will iam Pierce. The question was upon laying the bill upon the table.
Mr. WASHBURN, of Massachusetts. I wish to say a few words in regard to this bill in order that the House can act understandingly upon it. The applicant in this case alleges that certain Oregon war bonds were placed in the postoffice and directed to a place in the State of Maine, and were sent on board a steamer which was burned and lost. It is also claimed that aportion of the mail on board that steamer was recovered; and this bill is to provide for the reissuing of certain Oregon war bonds. But the difficulty with the committee is this: there is no evidence that the bonds were ever mailed except the testimony of the individual himself. A part of the mail was recovered when the boat was lost, but there is noevidenee in whose hands this mail was from the time it was recovered until it reached the postoffice. The only evidence is that upon the examination of that portion of the mail which was recovered and delivered at the postoffice, there was found no communication containing these bonds. The committee were therefore of the opinion that under the circumstances, the only evidence being the testimony oft he individual who mailed the bonds that he mailed them, and there being no evidence that they were not stolen from the portion of the mail that was recovered, it was not best to establisha precedent by report.ing favorably upon the bill; and therefore they make an adverse report.
Mr. WASHBUR E, of Illinois. I desire to say one word in regard to the report of the committee in this case, which shows the exeel lence and correctness of the committee’s action. I think our present Committee ofClaiml is by far the best ComClaims I have known since I have been in Congress, for I believe they do not report in favor of anything that is not strictly correct. But I desire to call the attention of the Gentfrom Massachusetts [Mr. WasniwnN] and of the House to a case of a similar charactetI which was before us at the last Congress, and which differed from this case in this respect: in that case it was completely proved, as it was stated in this case, that the bonds were lost on this very vessel. They obtained the testimony of various witnesses: they got roof up to the handle that the bonds were est; and although there was some uOllSltleflfble 0 position to the bill in the House as establislhing a wrong principle, the bill was finally passed. In a few weeks after the bill had become a law, the chairman of the ComWays&Means received a communication from the SecyTreasury that those very bonds which it had been sworn up to the handle had been lost, were then in the Treasury Dept for redemption. The bill was then laid on the table. AMOSKEAG MANUFACTURING COMPANY.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back senate bill No. 2235, entitled “An act. for the relief of the Amoskeag Manufacturing Company, " with a recommendation that it pass. The bill, which was read, proposes to authorize and re nire the SecyTreasury to pay to the Amoskeag Manufacturing Company the sum of $1, 650 in full for 3 regimental cook wagons furnished to the Government in 1561. The bill was ordered to be read a3rd time and it was accordingly read the 3rd time and passed.
Mr. WASl IBURN', of Massachusetts, mtRtv the bill was passed; upon the table. agreed to. rr'rennn AND XIAYFORD, AND OTHERS.
Mr. WASHBURN, of Massachusetts, from the ComClaims, reported back bill H.R.No. 20, for the relief of Pitcher& Hay ford and Otis & Ferguson, of Belfast, Maine. The bill, which was read, provides that the SecyTreasury be authorized and directed to pay to William Pitcher and Axel Hayford, of Belfast, Maine, the sum of $4, 661, and to Samuel Otis and George B. Ferguson, of Belfast, Maine, the sum of $3, 228 76, in full for all losses of these parties in the purchase and storing of hay for die Government.
Mr. WASHBURN, of Massachusetts. To avoid the consumption of time in the reading of the report, I will make a brief explanation of the bill and the reason of the committee for reporting it. These parties were employed as agents to purchase buy for the Government during the years 1864and 1865. Being employed to purchase what hay they could, they purchased large quantities in the year 1864; and the boy was shipped and settled for. They also purchased large quantities some 2,000 tons in 1865. About 1/2 of this boy was Shipped; and they were delivering it at the time when Lee surrendered. At that time they had on hand some 800 ions, which they had purchased for the Government. The government then gave orders to ship no more hay. This hay which was left on their hands they sold to the best advantage possible, hay imme diately falling in price. This bill is to pay these parties the difference between what they aid for the hay and what they sold it for. They were to receive a commission of $1 80 perton for purchasing, storing, and delivering the hay and advancing the money to pay for it. The committee thought it just to re iort this bill to pav these parties the money which they actually 0st in the transaction. Nothing is allowed for interest. They are simply to be paid the difference between what they actually paid for the hay and the amount for which they were able to sell it.
Mr. FARQUHAR. I desire to ask the Gentfrom Massachusetts [Mr. w/isnnunx] what disposition has beenvmnde of a claim in favor of J. & O. I). Cobb & Co., for compensation for hay destroyed by order of a U.S. commanding officer on the Ohio river during the raid of Morgan in the States of Indiana and Ohio. I wish to know whether the action of that committee upon that case has been favorable or unfavorab e. Upon his answer may depend to some extent my vote upon this question.
Mr. wASHBURN, of Massachusetts. The case to which the gentleman refers is, I think, in the hands of the Gentfrom Wisconsin, [Mr. Sunny] though it may be in charge of some other member. Let me say, however, thutl wish the House to understand at this point the difference between the case to which the gentleman refers and this case. U to this time we have allowed no claims for amages to property in the States latel in rebellion. Under the resolution of this house we could not do so. Then the question came in regard to the damages to property in the States not regarded to be in I‘OECllIOD. On all the other cases we have not reported any bill at all. They have been all treated alike. But this is a different case. It is merely for money lost while these parties were acting as agents for the Government in purchasin this hay.
Mr. FARQU AR. ith the permission of the Gentfrom Massachusetts, l will say thatI do not in the least doubt the sin ccrit of purpose of the ComClaims; but wish to call his attention and the attention of the House to the rule they seem to have adopted in regard to these claims. Icannot see any practical difference in fact in allowing the claim I have referred to and the one now presented to the consideration of the Heuse. understand the ComClaims, after 1st deciding they would not take into consideration during this session of Congress any claim for damages arising inthe disloyal States, and presented the question to the House and the house approved of theiraction, have since established a rule for their own action, which they have not thought proper thus far to present for the consideration of the House to determine whether that rule is right or wrong. The difference is this: here was a contract between the U.S. Government and these contractors; the latter to deliver a certain amount of hay, which the Government after a certain period annulled.
Mr. FARQUHAR. I hope the gentleman will allow me to conclude my interrogatory.
Mr. WASHBURN, of Massachusetts. l have promised to yield to my colleague on the committee, [Mr. Horenmss] but I will yield a moment to the Gentfrom Indiana.
Mr. FARQUHAR. Thanking the gentleman for his courtesy, I desire to know what class of agents the Government has been cm ploying in the purchase of hay referred to in this bill. An agent that goes out to purchase for a commission uses his own money. I understand that an agent of the Government or of an individual is one who goes out and acts for the Government or for that individual, and uses the mono of the Government or of that individual. this a most singular way for parties who have been indirectly contracting with the Government here under the name of agents to be using their own money and speculating upon the Government by means of the profits which are derived from their commissions on these sales. These quasi contractors come here and the rule is to be set aside for them, while honest men are held by it. I sent a case to the committee nearly 5 months ago, and it has been lying there, instead of being acted upon allirmatively or negatively, as it should be. It has never been reported to the House. It was a contract entered into between loyal citizens of the Government and the U.S. to deliver hay at Memphis, and while in the act of delivering it a U.S. officer destroyed the hay. That act on the part of the General Government by its officer was, I maintain, an acceptance of the contract and a deliver of the bay. The Government is bound by t recontract, and if the ComClaims will do justice as between these parties and the Government they will report in favor of their claim.
Mr. wASHBURN, of Massachusetts. I was going to say to the gentleman that when the committee report on that bill, then he will have an Opportunity to be heard.
Mr. FARQUHAR. Will the gentleman tell me if the committee has acted upon it?
Mr. WASHBUltN, of Massachusetts. I cannot toll the gentleman in regard to that particular bill. My impression is that it has been before the committee. I now yield to the Gentfrom NewYork, [Mr. HOTCHKISSfi
Mr. [IOTCHKISS. I would like to inquire if the general conduct of the ComClaims is to be urged as an argument against the particular bill that is presented here. I wouTd like further to inquire if any Representative here is to urge his personal grievances in another matter as an argument against a particular bill which is reported to the committee. Is the ComClaims to be put on trial here whenever they report for or against a bill? Perhaps a special committee had better be ordered by the House, and the Gentfrom Indiana [Mr. Fannunan] placed at the head of it, to investigate the general conduct of the ComClaims, so that we may have a report on it and not have this subject brought up whenever a bill is reported from the committee.
Mr. FARQUHAR. I simply desire to say, in reply to the remarks of the Gentfrom NewYork, that I want to asccrlaln what the general principle is as adoptedHby the committee and to be adapted by the house. If the general principle is that all these bills are to be cut oTT, shall vote against this bill. But if the general principle is that these bills are to come in upon the principle of equit and justice, I will vote for this bill. I won d like to have the Gentfrom NewYork with me on this subject.
Mr. HOTCHKISS. I do notthink that any member of the ComClaims will make any bar ain whatever with the gentleman.
Mr. VASHBURN, of Massachusetts. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation there of the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. WASHBURN, of Massachusetts. Ine w demand the previous question on the passage of the bill.
Skip Skip The previous question was 2nded and the main nestion ordered. MnqRANDALL, of Pennsylvania. I demand the yeas&nays. the yeas&nays were not ordered. The bill was then passed.
Mr. WASHBURN. of Massachusetts, mtRtv the bill was passed; upon the table. agreed to. ISAAC RAMSEY.
Mr. WASHBURN, of Massachusetts, from thesame committee, reported back House Jtresolution No. 119, for the relief of Isaac tam sey, internalrevenue collector of the 8th district of Ohio, with a recommendation that it do ass. he JtResolution was read. It provides for the repaymentof $632 23 of revenue stamps stolen from the snfein the office of theinternalrevenue collector, at Mansfield, Ohio, by bur' glars, on the night of the 25th of June, 1865.
Skip Skip The JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURN, of Massachusetts, mtRtv the JtResolution was passed; upon the table. agreed to. JOHN A. WHITALL.
Mr. WASHBURN, of Massachusetts, from the same committee, reported back" a bill for the relief of the legal representatives of John A. Whitall, late paymaster in the U.S. Army, with a recommendation that it do pass. The bill was read. It authorizes the pay may of $1,034 60 to the claimants, or whatever amount may be shown satisfactorily to have been paid by him, the vouchers for which payment were stolen.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WASHBURN, of massachusetts, mtRtv the bill was passed; on the table. agreed to. WILLIAM H. WHEELER.
Mr. WASHBURN, of Massachusetts. from the same committee. reported back a bill for the relief of William H. Wheeler, of Bangor, Maine,with a recommendation that it do pass. The bill was read. It authorizes the reissue of a $500 U.S. bond to the claimant in exchange for one that was lost by him in 1865, and afterwards recovered in a mutilated condition and partiall destroyed, except the 13 coupons which have been reclaimed in such a condition as to be paid at maturity. The bill was orderengross and read a 3rd time: and being engrossed, it was accordingly read the 3rd time and passed.
Mr. WASHBURN, ofhlassachusetts. mtRtv the bill was passed; on the table. agreed to.
The Speaker. The morning hour has now expired. ENROLLEDJtResolution SIGNED.
Mr. GLOSSBRENNER, from the ComEnrollBill, reported that the committee had examined on found truly enrolled aflomt resolution (8. R. No. 108) for the relief 0 Samuel Norris; when the Speaker signed the same. nos. n. w. ooocu.
Mr. DAWES. I ask unanimous consent to submit the following resolution. It has been considered by the ComJudiciary, and they are in favor of its passage: Resolved.That the Sergeant at – Arms be and he is whearsebaya. edteirdecatemdetmo bpearyofto the HoRep for the 39th Congress from the 6th f ill" Promotion! May be madeon the around of merit district of Mnuaehusetts. the amount of his salary fromthe4thof March. 1256t5o, the do. of the dateof his resignation as a member of this ones. The resolution was agreed to.
Mr. DAWES mtRtv the resolution was passed: on the table. agreed to. ARMY nlLL.
Mr. SCHENCK. I demand that the House now proceed to the consideration of the regular order. The House accordingly resumed the consideration of the special order, being House bill No. 861, to reorganize and establish the Army of the U.S. The pending question was on the amendment to section 27, offered by Mr. WILSON, of Iowa, as follows: Provided. That in applying the rule of promotion no distinction shall be made between uflicers of regiments composed of colored mep and those composed of white men but the promotion shall beby interchause equally open to all and officers.
Mr. SCHENCK. When the House adj ourned on the day this bill was last under consideration, there was pending an amendment to section 27, offered by the Gentfrom Iowa, [Mr. hVlfiSON] Be ore the question is taken on that amendment, I desire to offer a substitute for the entire section. I have had no opportunity of consultin with the members of the ComMilAffrs with the exception of 2 or 3 of the m. But I think they will be satisfied with the modification of the section which I propose, and which is the result of a conference with one of the prominent and most distin'guished staff officers of the Army, connected with the Adjutant Uenerafs dept, who thinks that with this change in te27th section, and another to be proposed to the 28th section, the bill will be about perfect.
The Speaker. The amendment of the Gentfrom Iowa [Ma WiLsoN] is 1st in Order, and will be 1st voted upon.
Mr. SCHENCK. I regret that‘be Gentfrom Iowa is not himself here to sustain his amendment. In his absence, however, I will state that in the opinion of the ComMilAffrs there is no necessity whatever for any amendment of the description he has proposed. The bill now makes no distinction, but leaves promotions to be made under the rule of seni0rity, or any other rule of promotion, without reference to the fact whether the officers to be promoted belong to either one or the other of these arms. There was originally in the Senate bill a prevision confining promotion to the particular corps, to the colored troops and to the white troops. That, however, was stricken out of the Senate bill, and no such provision was in the House bill. By general consent every Army bill before the House has left out the provision in regard to this matter. Iopose the amendment, therefore, upon the soTe ground that it is not necessary.
Mr. PRICE. I understand the Gentfrom Ohio [Mr. SCHENCK] to say that the bill as it now stands will have the same effect as if this amendment were agreed to. Is that correct?
Mr. PRICE. Then if that is correct, this amendment will only be surplusage or explan atory or reaffirming. As the amendment is clearly a just and proper one, I think it would be well for the Houseto incor orateit into this bill. It will do no harm, an it may do some good in the minds of some.
Skip Skip The question was taken, and the amendment was not agreed to.
Mr. SCHENCK. I now move to amend this section by striking out all after the enacting clause and inserting in lieu thereof the following: That in all the stud“corps and among the officers of the line abovethe gradeof captain. 1/3rd of apopnoer.natnmdewnittoh rocuotmremgiasrsdiotno.seniority in the dateof ‘I
Mr. DAVIS. I think there is merit in a, portion of the proposed amendment of the Gentfrom Ohio, [Mr. Soul mom] and I 1 have but one objection to the whole of it. That; i objection is. that if you change the rule which, lins prevailed from the organization of the Army to the present day, you introduce an l element. of discord and dissatisfaction which I will be injurious to the service. From the time our Army was 1st organizedto the res] ent day promotions have been made, believe, b priority of appointment or commission. Eow, if promotions be placed upon any other ground than that, there will be, I submit, acoustant strife, a constant desire by some officers to secure promotions at the expense of others; there will be a rivalry for promotion which will injure the esprit du corps of the Army. Certainly officers who have long held commissions in the service will not continue in the service very contentedly, if after years of service those oliicers junior in service by several years may be romoted over them by favor or otherwise. n no other ground have I any objection to this amendment.
Mr. BLAINE. I move proformd to strike out the last word of the proposed amendment. I do this in order to say that. I think the Gentfrom NewYork [Mr. Davrs] will observe that this is a very fair compromise of the question. Instead of leaving promotions entirely open, as the original text proposed, this amendment confines promotions without regard to seniority of appointment or commission to but 1/3rd of the whole number of promotions. This will enable the Dept to do what it never before has had the power to do, to promote some very meritorious officers. The rule which the Gentfrom NewYork favors, and which has heretofore been the rule of the Army, is a rule favoring, I will not say absolute demerit, but favoring medi ocrity at the expense of genius in the line and in the staff. the substitute which has been offered by the chairman of the ComMilAffrs provides that 1/3rd of the promotions may be made on the ground of merit alone, without regard to seniority or date of commission. The remaining 2/3rds of the promotions are to be made on the ground of seniority as heretofore. I think it is a very small tribute to the talent and genius of the Army to an that 1/3rd of the promotions may be made expressly on the ground ofinerit. lywill sn further, that so far asI am aware, the U.S. is the only country in the world in which romotions in the military establilshment have been made solely on the ground of seiiiorit y. Heretofore we have steadily adhered to that system; and it has 0 eraled, in the belief of many of the very best 0 'cors, both of the staff and the line, to the detriment of the espritdecorps and the merit of the Army. Toplan proosed in this amendment is. I believe, thougi I do not prepose to be very much versed in such matters, the very plan which has resulted in making the Frenelinrmy one of the most perfect in the world. In that army, as I understand, 1/3rd of all the promotions are made on the basis of merit alone.
Mr. DAVIS. I would suggest to the gentleman that there is, under existing law, power to retire officers who are incompetent.
Mr. BLAINE. The question here is one of relative merit, not of incapacity. I withdraw the amendment to the amendment. The amendment of Mr. Senaxex was then agreed to.
The Clerk read as follows: SEC.13.Abife: That the Presi: dent is authorizedto transferoiiicersof the Army of the U.S. from the line to the general stall and from the Generalstaff to the line or fruni one staff our)8of the generalstaff to anotheranddiifarentstn corps or from one arm of the service to another: but an officeron being so transferredshall only take such rank in the staffor c orpsin which be is placedas heheld bycommissionin thestaffor line beforehis transfer.
Mr. SCHENCK. I propose a modification. We are aiming at the same thing, Iain per. feetly satisfied, and the amendment I have offered, by making it positive in one direction rather than negative in another, will accomplish the object. I propose to modify the amendment so it will provide, whenever an officer of the staff or of the line shall be deemed better fitted for or likely to be more efficient in the performance of his duty in another corps or arm of the service, &c.
Mr. PAINE. I suggest it should provide, whenever it is for the interest of the country or the service this transfer shall be made.
Mr. SCHENCK. That is falling back upon what we had before. I suggest for the present action on this section be reserved. There was no objection, and it was ordered accordingly.
The Clerk read the next section, as follows: SEC.29. Abife: That the Superintendent of the U.S. Military Academy may hereafter be selected and the officerson duty vaitetch;at institution detailed.fromany armof the ser and thasu ervisionand chargeof the Academy shall bein the War Dept.under such officer or officersas the secyWar mayassignto that duty. The chaplain at the U.S.Military Academy shall no longer be required to notalso as professor.but a professor of Enlish literature. geog raphy, history and ethics shall 0 appointedfor that institution. to beon the’samefooting and to be paid the same compensationas other professorsof the Academy.
Mr. DAVIS. I move to amend by insertin “shall” instead of “ may, ” and after the wor “selected” the words “ from the corps of Engineers.” In the history of West Pomt so far we have had no officer at the head of the institution except one who has been educated for the engineer service, which service requires a wider range of knowledge than any other in the Army. It involves a study of chemistry, mathematics, and almost every other dept of service. By the chan c now proposed in this bill a Superintendent of Vest Point may be appointed from another branch of the ser rice. I believe we have never had but 2 applications for the Superintendency of WestPoint from any other than the Engineer corps, and in both cases they were made by officers who have been in the rebel army.
Mr. WILSON, of Iowa. I move to recon sider the vote by which the substitute for section 27 was agreed to. The mtR agreed to. The question recurred on agreeing to the substitute for the section.
Mr. WILSON, of Iowa. I'was called out of the Hall at the time the morning hour expired, and lost the opportunity of pressing a vote upon my amendment. I offer it now as an amendment to the substitute. It is as follows: Provided, That in applying the rule of promotion no distinction shall bemade between officersof regi ments composedof colored menand thosecomposed ofwhite men.but proine tinns shallbe by interchange equally open to all said officers.
Skip Skip The amendment was agreed to. The question recurred upon agreeing to the substitute as amended; and being put, the said substitute was agreed to.
The Clerk read as follows: Sec. 30. Abife: That no officer of the Army in time of peacc shall be dismissed the service unlessin accordancewith the provisionsof this act or by sentenceof a court martial duly approved. No‘ amendment being offered,
The Clerk read as follows: SEC.32. Abife: That no officer of the Army belowthe rank of colonel shall here after be promoted to a higher grade before having passeda satisfactory examination as to his fitness for promotion and record of pastservicesbeforea board of 3 general officers or officersof his corps or arm of servicc who served in grades at least equal to his own during the latewar for the suppression of rebellion: and should the officerfail at said examination, he shall be suspended from promotion for one year, when. if he still desires promotion. he shall upon application. be ree'xamined and upon a 2nd failure shall be dropped froiu the rolls of the Army: Provided, That if any officei'be found unfit for ro.ing.to have beenon account of his sympathy mth motionon accountofine ral disqualifications he shall, not be entitled to a reexamination. NO amendment bein offered,
The Clerk read as to lows: SEC.33.Abife: That no person shall be appointed an officerin the line orin any staff corps of the Army until he shall have passeda satisfactoryexamination before a board. to be convened under direction of the SecyWar. which shall inquire into and take account of the services rendered during the latewar.aswell as the capacity and qualifications otherwiseof the applicant; and such appointment whenmadeshall bewithout regard to previousrank. but with sole regard to qualifications and meritorious services. No amendment bein offered,
The Clerk read as follows: Sec. 34. Abife:, That for the purpose of promoting knowled c of military science among the young men of the U.S.s. the president may.uponthe application of an established college or universitywn in the U.S.with suf. ficient capacity to educateat one time not less than 150 male students.detail on officer of the Army to act as president. superintendent or professor of such collegeor university: that thenumber ot'officers so detailed shall not exceed 20 at any time and shall be appointedthroughthe U.S.as nearly as practicable according to population and shall be governed bygeneralrules.to beprescribedfrom time to time by the President. No amendment being offered,
The Clerk read as follows: troSoEpes.35.Abife: That whenever are serviu at any post.garrison, or ermanent camp.theres all be established a schuo where all enlisted menmay be providedwith instruction in the common English branches of education.andespecially in the history of the U.S.: and the SecyWar is authorized and directed to detail such commissionedand noncommissioned officersas may be necessaryto carry out the provisions of this sec ion. No amendment being offered,
The Clerk read as follows: $20.36. Abife: That any person applying for a.commission under the authority of this act and having permission to appear before a bpoaassrdingof examiners shall be entitled. in caseof the examination and being appointed or commissioned.to receivemileage from the placeof hpiosrtrieosnidenceto the place of examination or such of that distance in; hemay actually travel. the someas is paid to officerstravelingunderorders: but shall be paid no other compensation. No amendment being offered,
The Clerk read as follows: SIC. 7. Abife: That in construing this bill officers who have heretofore been appointedor commissionedto servewith U.S. coloredtroops shall be deemed and held to beoficers of volunteers. No amendment bein ofiered,
The Clerk read as fo lows: $26.Q. Abife: That officersof the regular Army. who havealso held commissions asofficersof volunteers shall not on that accounthe held to be volunteersundertheprovisionsof this act. No amendment being offered,
The Clerk read as follows: th$issc. 39. Abife: That nothing in act shall beconstruedto authorize or permit the tahpepointment to any‘position or officein the Army of any U.S. comailnityary person who has servedin socalled or naval service of the confederate States dunni the late rebellion: vbouitd.anysuch appom. tment shall e held illegal and
Mr. FARQUHAR. I move to amend that section by insertin before the word “ military, ” in the 5th line, he word “ciVil, ” so that it shall read, “civil, military, or naval service.” I more, also, to strike out the words “ socalled confederate States, ” and toinsertin lieuthereof the word “ rebels.”
Mr. SCHENCK. I have no objection to the introduction of the word “civil, ” but I do object to the latter part of the gentleman’s amendment. the words “so called confederate States” define the service in which these men were. They certainly professed to be in somebody’s service, and they were in the service of a governmentde faclo, however unlaw fully or wrongly, which was known oil over the world as “the confederate States." I will agree to the gentleman’s suggestion to insert the word “civil, ” and then if he chooses to ask a vote upon his other amendment he can 0 so.
Mr. FARQUHAR. I will move,then, 1st t“o insert the word “civil” before the word military."
Skip Skip The amendment was agreed to. WILLIAM PIERCE.
Mr. LYNCH. I desire to enter a mtRtv the bill of the Senate (No. 231) for the relief of William Pierce, was laid upon the table. The motion was entered. annii BILL soars.
Mr. FARQUHAR. I move now to strike out the words “so called confederate States” and to insertin lieu thereof the word “ rebels.” I wish to get the word “rebels” into the bill. I desire to call things by their right names. I recollect no order emanating from our distinguished SecyWar, either during the rebellion or since the rebellion, in which he has designated the men who took up arms to destroy this Government by any other name than that of rebels. I think that is right. Idesire to Q I offer this amendment.
Mr. BLAINE. The gentleman will observe that the words “during the late rebellion” follow immediately after the words which be proposes to strike out. His amendment, ifadopted, would therefore be tautology.
Mr. SCHENCK. I will move toinsert after the words "' the socalled confederate States” the words “or of either of the States in insurrection.”
Mr. DAWES. I would suggest a phrase which I think covers the whole ground. It is this: “or otherwise in aid of the rebellion.” nothing can be broader than that. It embraces all kinds of people.
Mr. SCHEN‘K. I have no objection to that, and I hope the Gentfrom Indiana [Mr. FABQUHAR] will accept it as a modification of his amendment.
Mr. FARQUHAR. I will accept it as an amendment to my amendment.
Skip Skip The question was taken; and Mr. Faaqt‘naa’s amendment, as modified, was agreed to.
Mr. BLAINE. I move the following as an additional section, to come in after section 39: Abife: That in all caseswherea volunteer officer has been appointed in the regular Army to the same rank or gradewhich he may have held in the volunteer sorrice or to any lower rank or grade.his nameshall be borneon the Army Register with the date of his volunteer appointment and he shall take rank as with continuousservicefrom that ate. The section was agreed to.
The Clerk read as follows: Sac. 40. Abife: That all leaders of bandsofmusic in the U.S.Army whonow have the pay of 2nd lieutenants shall be styled “band masters." with thelprivilege of wearing the shoulder straps of a scoop lieutenant. with a lyre tnhoethreine gn to indicate their position: Provided. That herein containedshall add to the rank. pay or emolumentsofsuch band masters. No amendment bein offered,
The Clerk read as fo lows: SEC.41.Abife: That nothing herein contained sha I be construed as affectingexisting laws res eotingthe rank. pay and allowances ofchaplains o the Army. but the same shall remain as now established b the act entitled “An act to amend section 9 of the act approved July 17.1382. entitled 'An act to define the pay and emoluments of certain ofllcers of the Army and for other purposes)" approvedApril 9. 1864. 7
Mr. PAINE. I more to amend this section '. l.” call things by their right names, and therefore i by exmmg law by striking out the following: But the same shall remain as now establishedby the notentitled " An act to amendsectionnine of the act approved July 7. 1862.entitled ‘An act to define the pay and emolumentsof certain officers of the laspir‘annyd, for other purposes.’” approvedApril 9. I call the attention of the chairman of the ComMilAffrs [Mr. Scussett] to the amendment I have offered, and will say that I offer it for the reason that these cases have been provided for in the recent bill to regulate the pay of the Army.
Mr. SCHENCK. The Gentfrom Wisconsin [Mr. PAINl i] is correct. I was about to move a similar amendment.
The Clerk read as follows: SEC.4‘1. Abife: That nothing in this act shall be construed to aflect in any way the Bureau of Refugees Freedmen and Abandoned Lands as now establishedby law. No amendment bein offered,
The Clerk read as fo lows:. SEC.43. Abife: That the SecyWar he and he is hereby.directed to have prepared and to report to Congressat its next session. a codeof regulationsfor the government of the Army and of the mil.ia in actual service. which shall embraceall necessary orders and forms of a general character for the performance of all duties incumbenton officers and men in the military service. including rules for the governmentof courts martial. The existing regulationsto remainin force until Congress shall have actedon said report.
Mr. DAVIS. In the sentence of this section which now reads, “the existing regulations to remain in force until Congress shall have acted on said report, ” I move to insert after the word “regulations” the words “subject to the power of amendment as authorized As the section now stands the existing regulations would be made fixed and unchangeable until Congress shall take action. The existing law authorizes the President and the SecyWar to modify the Army Regulations. If we pass the section in its present form it will take away from those officers the power to alter any of the existing regulations.
Mr. SCHENCK. This provision of the bill did not originate with the ComMilAffrs, but with a gentleman who has been connected with both the War Dept and the Navy Dept as a law officer and adviser in relation to just such matters. It is a singular fact that by the Constitution Congress alone has authority to make rules and regulations for the Army, and have never empowered the making of any regulations except perhaps in regard to the staff. It has been assumed that the regulations as they now exist are all legal; they have been acted upon as such; the question has never been distinctly made in any court martial. There would be some very cu rious developments if the history of military law in this country should be followed back. And until something is actually done by congress it is thought advisable to legalize the existing regulations. The provision reported by the committee is precise y the one which was agreed upon, after a full consideration of this whole matter, with the law adviser of one of the military depts of the Government. And to give the force oflaw in advance to anything and every thing in the shape of (eneral orders and regulations they are usually made now in the form of general orders I think would be carrying the matter to a very dangerous extreme indeed. I propose to stop, therefore, with the legalization of what now exists until Congress can act under the Constitution upon the subject.
Mr. DAVIS. If that be the existing law I have nothing to say; but if I am able to read that is not the existing law. The statute which I had before me yesterday recognized the code of regulations which was prepared in 1821, or at some subsequent perio, and then gave the power of amendment to the President and the SecyWar.
Mr. PAINE. I move, proforma, to amend the amendment by striking out the last word. The Constitution of the U.S. provides that “ Congress shall have power to make rules for the government and regulation of the land and naval forces.” Now, I do not see how under that provision of the Constitution the SecyWar or the Pi esidentean have any power to make any rules for the reg nlation of the land or naval forces, unless it be said that a power conferred by the Constitution upon Congress can be delegated by 0011' gess to some other coordinate branch of the government. It seems to me to be clear that, whatever our wishes may be on this subject, we cannot fulfill the spirit of the Constitution, if we delegate the power conferred upon us by the Constitution, to make rules for the government and regulation of the Army to the President or SecyWar, for the simple reason that the Constitution has lodged it here. I withdraw the amendment to the amendment. The amendment of Mr. Davrs was not agreed to.
Mr. PAINE. I move to amend by inserting the following as a new section, to come in after section 43: Sac. Abife:, That one chap lain may be appointedfor each regiment of colored troops, at the discretion of the President. whose duties shall include the instruction of theonlisted men in the commonEnglish branchesof education. My reason for offering this amendment will, I suppose, be obvious to every member of the House. The re iments of colored troops have necessities which do not exist in the case of regiments composed of white troops. Hence this section provides that the duties of these chaplains, wiien chaplains shall be appointed for the colored regiments, shall embrace the instruction of the enlisted men in the common branches of an English education. But it is not made compulsory upon the President or on the War Dept to appoint chaplains for any regiments of colored troops, if it should be found that, for any reason, the public interest would not be subserved by such appointments. if it should befound that, in any particular case, the appointment of a chaplain would not be desirable, would not promote the public interest, this amendment allows the resident to make no appointment in such case. It allows the President in every case the discretion of making an appointment or not, as he may deem best. It seems to me that if we are to have any colored troops, it is not improper, in view of the necessities of these colors troops, to authorize the President, in his discretion, to appoint chaplains for those troops. e amendment was agreed to.
The Clerk read as follows: SEC.44. Abife: That all lawsand parts oflaws inconsistentwith the provisionsof this notbe, and the same are hereby, repealed.
Mr. SCHENCK. As this is the last section of the bill, I‘desire now to go backto the 20 8th section, which was reserved. I move to amend by striking out all after the enacting clause of that section and inserting the following: That wheneveran officer of the staffor of the line shall be doomedbetterfitted for or likely to be more cflicient in the performanceofhisduties in somoother corpsor arm of the line than the particular corps or arm in which he may be, the President is authorized to transferhim to someother staffcorps or arm of the line; but an officer on bein so transferredshall only takesuch rank in the sta or corps in which he is placed as ho hold by commissionin the staff or line beforehis transfer.
Mr. PAINE. I make no objection to this substitute; but I Will suggestto the Gentfrom Ohio tbahtperhaps embraces some slight verbal inaccuracies. observein one case the phrase “arm of the line" is used. That is not, perhaps, an objectionable phrase; but it seems to me that the phrase “arm of the service” is referable.
Mr. SCHENCK. I have adopted the phrase ology “ arm of the line” in deference to the criticism of a gentleman in the Adjutant Generafs office, who maintains that the “arms of this service” are, properly speaking, the Army and the Navy; while the phrase “ arm of the line" appropriately designates one of the 3 clas sifications of the Army cavalry, artillery, or infantry. The amendmentof Mr. SCKENOK was adopted. Subsequently, on motion of Mr. BANKS, and by unanimous consent, the amendment was modified by substituting for the word. “line” where it 1st occurs the words “military service, ” and by substituting for the some word where it occurs the 2nd time the word “ service.’
Mr. BLAINE. I move to amend byadding the following at the end of the bill as a new section:. SEC. Abife:, That chaplain when orderedfrom on oficld of duty to another.shull be entitled to transportationat the same rateusothor officers.
The Speaker. There was offered, onlast Tuesday, by the Gentfrom Wisconsin, [Mr. Pawn 3] an amendment, on which, at the re “nest of the Gentfrom NewYork, [ Mr. DAVIs] the vote was reserved. The amendment will now be read.
The Clerk read as follows: Amend the 25th section by adding at the end there of the following: 2/3rds of all the military store keepersand ordnancekeepers provided for by the 17th sectiono1this actand bythis sectionshall bepersons who have performedmeritorious services as Officers or soldiersin the armiesof the U.S.during the late rebellion.
Mr. PRICE moved to amend, on page 5, line 50, after the word “service, ” by inserting the words “and all of said officers shall be.”
Skip Skip The amendment was agreed to. Mr. SCHENCK demanded the previous question on the bill. The previous question was 2nded and the main question ordered. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. SCHENCKdemanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. ELDRIDGE demanded the yeas and as 's. The House divided; and only 13 voted in the alfirmative. Mr. ELDRIDGE demanded tellers on the yeas and pays. Tellers were not ordered. The yeas&nays were not ordered. Mr. ELDRIDGE demanded tellers on the passage of the bill. Tellers were ordered; and Messrs. Thomson and Sour mes were a pointed. The House divide; and the tellers reported ayes 45, noes not counted.
Mr. RANDALL, of Pennsylvania. I hope, by unanimous consent, the ycas&nays will be ordered on the passage of the bill. It Will save a great deal of time and much confusion. This is too important a measure to pass on a vote by tellers. If ntleman are not afraid to go upon the recor there will be no objection to the ycas and iiays.
The Speaker. If there be no objection, the vote by which the ycas&nays were refused will be reconsidered, and the question will again recur on ordering the ycas&nays.
Skip Skip There was no objection, and it was ordered accordingly. The yeas&nays were then ordered.
Skip Skip The question was taken: and it was decided in the affirmative ycas 72, nays 41, not voting 69;. So the bill was passed. During the vote, Mr. MORRI LL stated that his colleagues, Mr. Bursa and Mr. woopimine s, were absent on account of sickness. The vote was then announced as above recorded. Mr. SCHENCK mtRtv the bill was passed; upon the table. agreed to. REFUNDING COMMUTATION MONEY.
Mr. LAWRENCE, of Pennsylvania, introduced, by unanimous consent, a bill authorizing the SecyWar to refund money received as commutation from citizens of the 21st congressional district of Pennsyl vania; which was read a 1st and 2nd time and referred to the ComMilAffrs. EDWARD BLANCHARD.
Mr. WASHB URN, of Indiana. I ask unan imous consent to report from the ComClaims a JtResolution for the adjustment of the claim of Edward Blanchard, executor of Evan M. Buchanan.
Mr. ALLISON. I object. NATIONAL CURRENCY.
Mr. LeBlOND. I ask unanimous consent to submit the lollowmg preamble and resolution: Whereas it is ihc truc interest of this Government as speedilyas possible.looking alone to the public interest. to return to the constitutional currency of gold and silver; and whereasin the meantime, while the country is‘to sufferfrom the inflation of a paper currency the interest of the peoplewill bestbe promoted, while such papercurrencyshall becontinued. to haveit in the form of Trcasury notesissued by the U.S., and at once, by apprpprialc legislation, to provide for retiring the national bank cur rancy: T srcforo, Resolved, That the ComBanking pad Currency be directed to intfiiire into the proriety of repealing the luw establising the national ranks and retiring the bondsof the U.S.asspeed ily usthe public ctigency may require, and the issuing ofTrcasui y notes to be usedas a circulating me dium, thereby saving to the people the nymentof over 18 millions ofintorest annual y upon our public debt which inures solely to the benefit of 'inkers and bond holde rsand to the detriment of the tax payers of the U.S. in. BEAMAN. I object. INTERESTPAYING TREASURY DEPOSITS.
Mr. RANDALL, of Pennsylvania, by unanimous consent, offered the followmg resolution; which was read, considered, and agreed to: Resolved, That the ComBanking&Currency be requestedto inquire into the expedienoyof repealingsuch laws as authorise the depos‘ iting of money with the Treasurer and Asst Treasurers of the U.S and the payment of interest thereon by the Government. And then, on motion of mr. WASHBURN E, of Illinois, (at 3 o’clock and 45 minutes p. m.,) the House adjourned.
Skip Skip PETITIONS, ETE. The following petitions &c., werepresented under the rule and referred to the appropriate committees: BY Mr. CONKLING: The etition of William will keson and a large number 0 citizens of Buffalo. rep resontingthat by the action of officorsof the U.S and without legal authority, the port of Bpf falo has been virtually closed, and communication by public conveyance and telegraphhas been interferedwith. The petition prays that a committeemay be sent to Buffalo to investigate the matter and recommendation to Congress.. Also. the petition nfJcsse Willard and others citizens ofClinton. h NewYork, praying a postponement of the tax on State bank circulation. Mr. HUBBARD. of NewYork: The petition of. F.1teetord and others.citizensof the county of Chenango prayingCongresstorepealormodify the recentact bywhich a tax is to beimposedu on any bank that shall payoutthe notesof anyState ank or banks. on all they shall pay out, on and after the lst dav of July next: setting forth also that such tax dwiiatlehlyavaebtohuetenfifneectte toenremtiirlleiofnrodmoclliarresuolafteiuornreinmcmy ien the State of NewYork alone, thereby tending to produce cat pecuniar embarrassmentand distress amBoynilal the industria classesoipegple. Mr. hELSO: The memori o Brevet Maior General John Sanborn. in favor of thosesoldiers of southwestMissouri who furnished their private horsesin the cam sign of 1864. By Mr. MERC R: The petition of 5I citizeus of Espy, Columbia county, Penns ’lvania, asking that the tariff laws may be so amendedas to protect the labor of American citigens. Mr. RICE. of Maine: The petition ofJ. E.Hil “rdas, h inagntd3on1oatnhdeGrse.foorrgeatpouwbnl.ic park f or the cities of Bg' idr.TBOWBRIDGE: The petition of Thomas F. mith, ofKuoxyille, Tennessee, askin for the allowance of a pension in consideration of the lossof his sight in the military servrceof the U.S. as a wagoner in the quarter master'sdept.
@@@IN SENATE SENATE. FRIDAY, June 22, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. POMEROY, and by unanimous consent, the reading of the Jour nal of yesterday was dispensed with.
Skip Skip PETITIONS AND MEMORIALS. Mr. CLARK presented the petition and other papers of J. Curley, praying for the allowance of payment for 40,000 bush els of coma leged to have been furnished by him for the use of the Army; which was referred to the ComClaims.Mr. SHERMAN presented a memorial of the Cleveland and Toledo Railroad Company, praying that they may be allowed to construct a bridge over and upon the Government iers for the passage of cars across the Guys. oga river at the city of Cleveland, Ohio; which was referred to the ComCommerce. REPORTS or COMMITTEES.
Mr. SHERMAN. The ComAg, to whom was referred the annual report of the ComrAg for 1865, have directed me to report in favor of printing the usual number of copies, and also the usual resolution providing for printing 10,000 extra copies. I move that the usual number of copies e printed and that the resolution to print extra copies be referred to the ComPrintg. The motion was agreed to.
Mr. CLARK. The ComClaims, to whom was referred the petition of Joseph Opocenzky, and 13 others, Moravians, of Williams’s Prairie, Austin county, in the State of Texas, praying for aid to erect a new Evan gelical Moravian church and parsonage in that locality, have directed me to report that the grayer of the petition should not be rented. here is no authority for making an allowance of that kind. The same committee, to whom was referred the petition of John C. Jacobi, chaplain at Kaloraina Hospital, praying for compensation for the destruction of his library and other personal property by fire at that hospital on the 24th opDecember, 1865, have instructed me to report adversely thereon. The Government cannot be considered the insurers of the property of persons in their employ.
Mr. ANTHONY, from the ComClaims, to whom was rethisd the petition of R. L. Mclfilree, praying for compensation for the alleged destruction of his property by fire, by order of the military authorities at Paducah, Kentucky, in March, 1864, reported adversely thereon.
Mr. HOWE, from the ComClaims, to whom was referred a etition of citizens of the county of Somerset, Maryland, praying for an examination into the order of General Lock woody who, while in command of the Eastern Shore of that State, caused to be levied certain sums of money for the building of a meeting house accidentally or designedly destroyed by fire, asked to be discharged from its further consideration, and that it be referred to the ComMilAffrs ; which was agreed to. He also, from the same committee, to whom was referred a bill (H.R.No. 421) for the relief of James G. Holland, late acting asst paymaster U.S. Navy, reported it without amendment.
Mr. POMEROY. The ComPubLands, to whom was referred the amendment of the HoRep to the bill (S.No.243) to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some oint on or near Traverse bay, in the State of Michigan, and for the completion of said read, have had the same under consideration, and directed me to report it back with a recommendation that the Senate concur in the amendment of the HoRep.
Mr. HOWARD. I hope the bill may be put on its passage at once.
Mr. POMEROY. It is the bill in relation to the Lansing and Traverse Bay Railroad Company, in the State of Michigan. it is to revive a rant that expired 2 years ago.
The P tESIDENT protempera. The question is on concurring in the amendment of the HoRep. The amendment was concurred in.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPEBSON, its Clerk, announced that the HoRep had passed the bill (S.No.145) for agrant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, with an amendment, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed the following bills and JtResolutions, in which the concurrence of the Senate was requested: A bill (H.R.No. 694 for the reliefof Pitcher & Hayford, and Otis Ferguson, of Belfast, Maine; A bill H.R.No. 695) for the relief of will liam H. heeler, of Bangor, Maine; AiJtResolution (H.R.No. 119) for the relic of Isaac Ramsey, internalrevenue collector for the 8th district of Ohio; and A JtResolution (H.R. 'o. 170) for the relief of Caroline A. Randall, administratrix and widow of Charles B. Randall, deceased. MARINE HOSPITALS.
Mr. CHANDLER. I am instructed b the ComCommerce, to whom was referred the bill (S.No.381) to amend an not entitled “An act to authorize the sale of marine hos pitals and revenue cutters.” approved April 20, 1866, to report it back without amendment and recommend its passage. I ask for imme diate action upon it.
Mr. POMEROY. Will it lead to any considerable discussion?
Mr. CHANDLER. Not at all. By unanimous consent, the bill was considered in ComWhole. It provides that the act of April 20, 1866, shall not be construed to authorize the SecyTreasury to lease or sell any marine hospital where the relief furnished to sick marines shall show an extent of relief equal to 20 cases perdiem, on an average, for the last precedi 4 years, or where no other suitable an sufficient hospital accommodations can be procured upon reasonable terms for the comfort and convenience of the patients.
Mr. GRIMES. The operation of this bill is more] to restore a proviso which was in the act of pril 20 as it passed the Senate and passed the HoRep, but was struck out by a clerical error. This will make the law precisely word for word as it passed both Houses. I The bill was reported to the Senate, orderengross for a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED. Mr. WADE asked, and by unanimousconeent obtained, leave to introduce a bill S.No. 384) toineorporam the Washington long and Build ILIL “hill IQ uni KT" 3"!“ TIM]! It “a. ing company of the DistCol; which was read twice by its title, referred to the ComDistCol, and ordered to be printed.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introduce a bill (S.No.385) for the relief of Thomas W. Stevens which was read twice by its title, and referre to the ComClaims.
Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.386) to enlarge the public grounds surrounding the Capitol; which was read twice by its title.
Mr. TRUMBULL. As this bill has already been considered by the ComPubBldg and Grounds, I move that it be printed and placed on the Calendar. The motion was agreed to. rest mourn BILL.
Mr. HENDERSON. I move to take up Senate bill No. 285, granting lands to the State of Kansas to aid in the construction of the Kansas and Neosho Valley railroad and its extension to the Red river. The motion was agreed to.
Mr. RAMSEY. I hope the Senfrom Missouri will allow me to call up the post route bill. It can be disposed of in 3 minutes. It was interrupted on its passage yesterday by the Senfrom Michigan. but he finds on examination thatit accomlishes what he desired. I suggest, therefore, that the Senfrom Missouri allow this bill to lie over informally for 2 or 3 minutes until we pass the post route bill. It is important that it be passed early and sent to the HoRep.
Mr. HENDERSON. I have no objection if it will take only 3 minutes.
The PRESIDENT protempore. No objection being made, the bill before the Senate is laid aside, and the Senfrom Minnesota moves to take up Senate bill No. 369. The motion was agreed to; and the Senate resumed the consideration of the bill (S.No.360) to establish certain post roads. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. KANSAS AND NEOSHO VALLEY RAILROAD. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.285) granting lands to the State of Kansas to aid in the construction of the Kansas and Neo sho Valley railroad, and its extension to Red river, the pending question being on the amendment reported by the ComPubLands to the 11th section of the bill, as amended.
Mr. HENDRICKS. I do not wish to discuss it, but simply to call the attention of the Senate to the question. The 11th section of the bill is the one that proposes to extend this and other roads down through the Indian country south of the southern boundary ofKansas. proposition was to strike out the entire 11 t 1 section.
The PRESIDENT ro temporc. Thatmotion will be in order after tesection shall have been perfected.
Mr. HENDRICKS. Very well. Perhaps the amendment may just as well be adopted now, and then I shall move to strike out the whole section, which will reach the question.
The PRESIDENT proiempore. The question now is on the amendment of the ComPubLands to the 11th section.
Mr. HENDRICKS. I now move that the 11th section, as amended, be stricken out. If this motion prevails it will leave this as a road from Kansas City to the southern bound ary of Kansas. Whether the Senate will be willing to pass abill running a parallel road within a few miles of a road already provided for by a rant of lands is for further consideration. The present question is to prevent the running of any of these roads through the Indian country before the absolute right has been secured from the Indian tribes, and to leave this road upon that question just as the other roads now stand. I move to strike out all of the bill which relates to the running of the road through the Indian country.
Mr. HENDERSON. In order that the senate may understand what the proposition is, I will state that this section provides inasmuch as there are several roads running down to the southern borders of Kansas, that whichever road gets to the southern limits of Kansas 1st shall take the grant and go on to the Gulf of Mexico. Thatis all that this section does. In stead of leaving it open for various competing lines hereafter to ask for several roads through the Indian country, it provides that whatever company builds its roa down to the southern borders of Kansas 1st shall take the grant and go on to build the road to the Gulf, and that there shall be but one road built in that direction. Therefore I think it is nothing but proper that the section should stand as it is. All that we want is a road, and I do not care which of these roads builds down to the southern bor ders of Kansas 1st. I am not asking any grant of lands as a matter of favoritism to a particular road, but simply that whichever road ets to the southern boundary of Kansas 1st shall take the grant and go on with the road; and it will be equally beneficial to any company that gets there 1st.
Mr. POMEROY. In addition to what the Senfrom Missouri has said I desire to say this: the grant beyond the southern line of Kansas is simply a grant of the right of way, with the consent of the Indians. It is nota grant of land, but of the right of way with the consent of the Indian tribes, and all the tribes have made treaties consenting to it except one. The chairman of the ComIndAffrs the other do said he had examined it in its relation to the ndian tribes, and that he had no objections to the bill. It simply gives the right of way through that country to any road that will build to the southern line of the State 1st. We have tried to harmonize all the conflicting interests, and we believe we have done so. There cannot be any objection to this bill unless it is an objection to the run ning of a road in that direction. It is simply the right of way that is granted.
Mr. HENDRICKS. Before the Senate passesfrom this question I wish to say a wor. In order that Senators may understand full the proposition, it will be necessary to read the 11th section. It is a very elaborate section. There is already a road provided for, as I said some days since, from eavenworth by Lawrence to the southern line of Kansas. This bill proposes to run a road almost parallel, within a verge of from 36 miles to one mile from that road, and then to extend the right south of Kansas through the Indian country to a corporation of the State of Kansas. I propose to strike that out in relation to the Indian country.
Mr. POMEROY. It is true that they do start within 36 miles of each other, but when they run 100 miles they are 40 miles apart, as l showed the Senator the other day. From Humboldt to Fort Scott, which is 100 or 97 miles from the starting point, they are 40 miles apart; and within that distance land grants are given every where in all the States.
Mr. HENDRICKS. Senators can settle that question by turning to the map of the surve s of the public lands of Kansas furnished by the ComrGLO. If the Senator can make 6 townships 40 miles, he has got it; but the ComrGLO locates the road that is already provided for upon the map of the snr veys of the State, and the greatest distance from the Missouri line to the road already provided for is 6 townships on this map.
Mr. POMEROY. That map was made before the road was located at all. on the probable location; but when it came to be actually located, they located it at Humboldt on one road and Fort Scott on the other, and they are 40 miles a art.
Mr. HENDRI KS. Senators can examine this map for themselves. It is furnished by the ComrGLO.
Mr. CRAGIN. If I understand this amendment I am in favor of it. As I understand, it denies the right to any grant through the Indian Territory. I have ha occasion during this session to examine this subject quite fully, and I am entirely opposed to any grant through the Indian Territory until the consent of the Indians is fully obtained, and then I would grant simply the right of way. In the ComTerritor have had occasion to consult with the various representatives of the Indian tribes or nations residing in this country, and to my great surprise I have found them very intelligent, and many of them cultivated men. They are universally opposed to any railroad through this Territory uness they shall 1st give their consent. They are willing to grant the right of way, but nothing more.
Mr. POMEROY. That is precisely this bill. No grant is given until they consent.
Mr. CRAGIN. I apprehend that there is something more contemplated by this bill than simply that. I am not willing that this Territory shall lie in the way of public improvements; I am willing that there shall be a right of way granted; but if there is apurpose to obtain from these Indian tribes a grant, which I believe this bill contemplates in the 9th, 10th, and 11th sections, I am opposed to the passage of the bill.
Mr. HENDERSON. The Senator surely was not in the Chamber on Wednesday morning when I read the contemplated amendment that I intended to offer to the 8th section; but if the Senator has any fears upon that subject I will pass over the 11th section now, and take up the 8th section. I propose this amendment to that section: That the right of way through the Indian Territory. whereversuch right is now reservedor may be reservedto the U.S.by treaty with the In dinn tribes is herebygrantedto suid companyto the same extent as granted by the 6th section of this act throughthe public lands. And in all caseswhere the right of way as aforesaid through the Indian lands shall not be reserved to the Government.the said companyshall, beforeconstructingits road.procure the consent of the tribe or tribes interested which consentwith all its termsand conditionsshal be previously applrovedand indorsed by the President and filed with the SecyInterior. No damage can be done to any Indian tribe if this is adopted. Let us pass over the eleventh section and ado t this amendment.
Mr. CRAGIN. that probably will relieve much of my objection, although I should prefer that this consent should be given by treaty with the U.S., rather than to allow companies to manage to get the consent of the Indians.
Mr. HENDERSON. But then the road cannot be built until the consent is obtained by treaty, and I will state to the Senator that treaties are now pending before this body made with ever Indian tribe except one, the Cherokees, andy that the Cherokees have passed a resolution through their Legislature, not only consenting to, but requesting, the building of this road.
Mr. CRAGIN. Perhaps my remarks will not be so appropriate to this amendment. have objections to the 9th and 10th sections of this bill. The 9th section gives a grant of land through the Indian Territory whenever the Government shall obtain the title to the land there and it shall become public land. I am opposed entirely to the Government ever acquiring this land for any such purpose, because the tendoneyr of it will be to introduce white settlers into that Territory and drive the Indians from it. There are now some 80,000 Indians in that Territory and more are to be sent there. If this is designed as an entering wedge to remove those Indians from that Territory then they are to perish in this land, for that is the last resting place for and therefore I provide, by an amendment them. Then, by the 10th section of this bill, this company is authorized, with the consent of the President, to purchase lands of the Indians, another provision looking in the same direction. I believe this is an enterin wedge to a scheme for getting theIndian ion for the purposes of this corporation, and ultimately to rive the Indians from this Territory. As I understandit, Mr. President, the Indians occupying this Territory have a different title to the land from another Indians. The Chero kees, especially, when they were removed from Georgia to this Territor, were given the most solemn guarantees by the Government of the U.S. that they should forever remain there and be protected in their rights. They have an absolute fee simple to the land, with the exception that they cannot dispose of it to any parties except to the Government of the U.S. I iope, sir, that this bill will not pass unless these sections are stricken out, and unless it is so guarded that even the right of way shall not be granted until the full consent of each of these Indian nations has been given to the Government of the U.S., and not to the railroad corporation.
The PRESIDENT protempera. The question is on the amendment of the Senfrom Indiana to strike out the 11th section of the bill.
Mr. HENDRICKS called for the yeas and aegis, and they were ordered.
Mr. POMEROY. I desire to assure the senate that every precaution is contained in this bill that can be thrown around a bill, that no right of way shall be granted until the Indians assent to it. It cannot be better guarded. If it is the pleasure of Congress to grant any right of way through this country the bill cannot be better uarded in that respect than it is.
Mr. HENDRICKS. It is a proposition in round terms to allow corporations of the State of Kansas, not created by any act of conress, to extend their roads outside, beyond theIimits of the State and through the Indian country. My impression is, that these corporations, so far as they shall realize lands from the General Government, ought to be confined to the State, being corporations of the State, and that they shall not extend into the Indian country. Upon that proposition I have moved to strike out the e eventh section.
Mr. HENDERSON. In rely to what was said by the Senfrom NewHampshire, [Mr. CRAGIN] I will state to the Senate that it is the wish, as Iunderstand, of all these Indian tribes to have railroad facilities. If it is the desire of the Senate of the U.S. never to build a railroad across an Indian reservation, even with the consent of the Indians, they will vote “yea” on this amendment. If it be the belief of the Senate that under certain circumstances a railroad ought to be built across a reservation, by the consent of the Indians, they will vote against the amendment. There is not a dollar’s worth of land proposed to be given except when the Indian title shall have been entirely obtained by the U.S. But if the U.S. are going to stand back and say that because there are a few Indian tribes on the plains we shall not be permitted, even with the consent of the Indians, to build a railroad across their lands, or even when the Government has retained the right by treaty with them to do so, then of course they will vote “yea” on this amendment. Otherwise, of course, we ought to have the privilege in this case, because, as the Senfrom Kansas says, I have guarded this bill in every way that I know how. As to throwing discredit on this thing because the company is a Kansascompany, that, I suppose, wrllhave but little weight with the Senate.
Mr. GRIMES. I have heard it asserted here and Idesire to know whether the Senator concurs in that opinion that these Indians hold their lands an or a different title from the Indians on the plains.
Mr. HENDERSON. The Cherokees do, which I propose, that under no circumstances shall the road go through the Cherokee lands without the consent of the Cherokees, given by an act passed by their legislature and approved by the resident of the [IU.S and filed with the SecyInterior.
Mr. HENDERSON. It will be adopted. I suppose there will be no objection to it. I just now proposed to offer that amendment to the cighti section, and I shall do so as soon as the present amendment is disposed of. I assure Senators that if they adopt this section, and if they should not afterward adopt the amendment which I propose, to protect the right of the Indians, I will vote against the bill myself. I do not ask the Senate to do anything that is wrong.
Mr. CLARK. This argument of obtaining the consent of the Indians 1st is a little delusive. The consent may be obtained to a railroad; but how? By treaty? In whatever mode it is obtained, I have no. doubt the Government will have to pay for it, for whenever we make a treaty with an Indian to move off or do anything to land we always pay him a subsidy or a round sum of money for it; and now, when a railroad company wants a route through the Indian Territory, there will have to be a treat made or consent obtained in some way, which the Government will pay for.
Mr. POMEROY. Does not the Senator know that it is provided for in every one of these treaties but one, which is not yet ratified ?
Mr. CLARK. I know that it is provided for in some of the treaties, and I know very well. too, that railroad companies or men who act for railroad companies object to the setting aside of lands for the Indians, on the pretense that a railroad goes through that country, and thus the public good of the Indian is made to give way to the private interests of a railroad company.
Mr. CLARK. The Senator says he is not one of those men. I charge no such thing upon the Senator; I charge it upon no senator; but I know such is the fact, and I know such has been the fact this very session. I know such has been the fact in regard to his own State, if he will permit me to say it. When it is proposed to ocate an Indian tribe in his own State, on the southern border, by treaty, it is objected that a railroad grant is to be interfered with.
Mr. CLARK. Certainly the Senator made no such objection, but that does not alter the fact which I am stating. Now, I would very much rather that we should have the consent of the Indians in the 1st instance, that no authority should be 'ven until that assent is obtained and we see the conditions on which it is obtained before we undertake to do a thing of this kind. Mr. President, I think the Indian Territory should be reserved against not only the settlement of the white man, but should be reserved against the encroachments of a corporation that wants to take their land. These men are fast disappearing. They are driven from one plain to another and from one river to another. [here is a Territo down there which we have denominated the ndian Territory, where we have been gathering them together; and now you propose to open it, and let railroads run through and run over and destroy this home for the Indian. I am in favor of railroads through the country; they are the cat net works of communication which bind the differentparts of the country together; but I would not allow, by a bill of this kind, railroads to run into this Territory, which for 30, 40, or 50 years we have been holding sacred and ought now to hold sacred, as the home of the Indian. If the Indian wants the railroad, let him ask for the railroad there, and give his assent in the 1st instance.
Mr. CLARK. He may have done it in some instances, but I fear very much the influence which is brought to bear upon him in advance to crush him out of his home.
Mr. HENDRICKS. The suggestion of the Senfrom NewHampshire makes it proper for me to say that this bill provides a new mode of treating with the Indians altogether new in our policy. It provides for a negotiation by a railroad company of a treaty with the Indians, with the assent of the President. The 10th section provides “that said Kansas and Neoshe Valley Railroad Company, its successors and assigns, shall have the right to negotiate with and acquire from any Indian nation or tribe authorized by the U.S. to dispose of lands for railroad purposes, and from any other nation or tribe of ndians through whose lands said railroad may pass, subject to the approval of the POTUS.” ‘hat is a new policy altogether. It has been heretofore held that nobody could treat or trade with the Indians in regard to their lands except the Government, an I do not think it is well to depart from that policy. My proposition is simply to let this railroad company, a corporation ot the State of Kansas, run its road within the limits of the State to the extent authorized b its Legislature.
Mr. POMEROY. The Senfrom NewHampshire [Mr. CLARK] intends to be right, I 1 know, but if he will read a clause in the treaty i with the Creeks and Semine les, made on the 7th of August, 1856, he will find these words in the 20th article: Mr. " The U.S or any incorporated compan shall have the right of way for railroads or teiegrap lines through the Creek and Seminole country." Then, if he will turn to the treaty made with the Choctaws and Chickasaws, on the 22d of June, 1855, he will find these words in the 18th article: “The U.S or any incorporated company shall have the rightof way for railroads and lines of telegraph through the Chocktaw and Chickasaw country." The provision has already been made in all the treaties with one exception, and that is under consideration.
Mr. CLARK. I understand that that provision is in some of the treaties. The question being taken by yeas&nays, resulte yeas 8, nays 21; 20. So the motion to‘strike out the 11th section did not prevail.
Mr. HENDERSON. I now move to amend the 8th section by striking out all after the word “ State, ” in line 8, bein that portion of the section granting the right 0 wayt irough the Indian country, and in lieu of the words stricken out to insert the following: The right of way through the Indian Territory whereversuch right is now reservedor may hereafter be reserved to the U.S. by treatywith the Indian tribes is herebygruntedto said company to the same extent as granted by the 6th section of the actthrough the public lands and in all cases where the right of way as aforesaid through the Indian lands shall not be reservedto the Government. the said company shall beforeconstructingits road. procure the consentof the tribe or tribes interested which consent with all its terms and conditions shall be roVIousl approved andindnrsed by the President an filedvnt the SecyInterior.
Mr. HENDKICKS. I will offer one amendment which I do not propose to discuss. The language of the 1st section in the 13th and 14th lines is, “there is hereby anted to the State of Kansas for the use and benefit. of said railroad company.” As this is a new style of grantinglands, making the grant to the company in substance, I move to strike out the words “for the use and benefit of said railroad company, ” so that the grant may be to the State.
Mr. POMEROY. I should have no objection to the amendment were it not for the fact that the State of Kansas at the last session of its Legislature gave 125,000 acres of land, out of the 500,000 acres given to the State in the act of admission, to this company, and there isno other company authorized to build this line of road. If the Senator would change the phraseology IO as to make this bill rea as other bills do, making a grant for a line of railroad between certain specified points, it would be ufIicient. This grant, of course. would then go to this company, there being no other company authorized to build this line of road.
Mr. HENDRICKS. That provision is already in the bill. The bill describes the railroad route “ from the eastern terminus of the Union Pacific railroad, eastern division, at the line between Kansas and Missouri, at or near the mouth of the Kansas river on the south side thereof, southwardly through the eastern tier of counties in Kansas, ” &c., “ so as to effect a junction at the Red river with a railroad now being constructed from Galves ton to Red river.”
Mr. HENDERSON. I hope the amendment will not be made. There is no use of it at all. This company has been incorporated to build a road in Kansas, through the eastern part of Kansas down to a certain line. This bill proposes to give the alternate sections of land to that company. There are but few lands in the State, to be sure, which will go under this grant, perhaps not 5,000 acres; but the bill proposes to grant lands on the line of this roa; and if these words be stricken out the bill will be very awkward indeed. It. will provide that the land on each side of this road shall be given to Kansas, and perhaps Kansas can take it and build a road somewhere else, in another direction, away from this route, but they get the lands in consequence of this road being built, and that will leave it in the hands of the Legislature to turn the lands ovento some other company. That is all the effect it can have.
Mr. POMEROY. The morning hour is about expiring. Let us vote.
The PRESIDENT protempore. The Chair will put the question as soon as the debate terminates. p The amendment was rejected.
Mr. CRAGIN. I move to strike out. the 9th section of the bill. It will be seen by this section that here it is in contemplation that these Indian lands shall become public lands and this section makes a grant to this railroad corporation in such case. Let this bill become a law, and this corporation will go to work at once to procure a treaty from these Indians to obtain this land, and then it will go to the company. If there is no such purpose, there can be no objection to striking out the 9th section. It will remove much of my objection to the bill.
Mr. HENDERSON. I hope itwill not be done. The Indian right is sufficiently secured. You will protect. the Indian by building the railroad. Ton cannot build the railroad until the Indian gives his consent by treaty anyhow; it is utterly impossible; and after we have the lands, it only proposes then that the right to alternate sections shall attach after treaty stipulations are obtained. The Indians want these railroadsjust as much as we want them. It is just as much to the advantage of the Indian as of the white man to have these railroads and I hope the section will not be stricken out.
Mr. CRAGIN. It has come to my knowledge during the session that there have been parties about Washington here anxious for some way to get hold of these Indian lands. In the 1st place there has been a very stron effort to organizea territorial government in the territory, a sort of Indian territorial government, with a Governor and other officers appointed by the President, and men have been laboring here to secure that object; and the whole purpose has been, in my judgment, in order that they may get a foothold in the Territory to obtain the lands there. There is such a purpose.
The PRESIDENT protempera. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday. which is House bill No. 513.
Mr. HENDERSON. I liope the Senfrom Maine will give me 2 minutes to close this bill. This is the 6th morning we have had it u. I will not ask over 2 minutes.
Mr. FESSENDEN. If I yield it will be breakin in upon the rule I. have laid down.
Mr. HENDERSON. I only ask about 2 minutes. We are now about to vote.
Mr. HENDRICKS. I presume there is to be no further debate to any considerable extent on this bill. I want to dispose of it in some way or other. if it is the pleasure of the Senate to give this kind of a grant, very well; but. I should like to have it dissed of. I hope the Senfrom Maine will et it be disposed of. I suggest that the other business be laid aside informally.
The PRESIDENT protempore. The order of the day can be laid aside by common consent only, without a vote. No objection being interposed, the order of the day is laid aside.
Mr. FESSENDEN. No, sir; I cannot agree to have it. laid aside except informally for a few moments.
Mr. HENDERSON and Mr. POMEROY. That is all we ask.
Mr. FESSENDEN. If it is to go over informally for a few moments, I shall not object.
Mr. FESSENDEN. If the other hill takes Over 5 minutes, I must insist on going on with the tax bill.
The PRESIDENT protempore. Notion being made, the order of the day woiblf'ebee laid aside temporarily.
Mr. CRAGIN. I have no special purpose to defeat this bill. As I was saying. there were parties here very anxious to get a foot hold in this Territory in order to obtain these lands. I do not charge that that is the purpose'of this bill for this company; but it must e perfectly clear to every one that if this bill becomes a law it then at once becomes the interest of the company to obtain these lands under this 9th section. I am opposed to their obtaining the lands under an circumstances whatever. The Indians, as I believe, are willing to grant the right of way to these railroads. I am, for one, willing that they should grant thus much; but the moment they begin to give lands, or the Government buys these lands of them b treaty in order to give them to these railroadv corporations, that moment seals the doom of the Indian tribes and nations in that Territory, and they will be driven from there ultimately and become extinguished upon this continent. I am utterly opposed to oin anything here that shall give anything more than the simple I'ight of way through this country, and that on y with the consent of the Indian tribes.
The PRESIDENT protempore. The question is on the motion to strike out the 9th section of the bill. ll The motion was not. agreed to., The bill was reported to the Senate as amended, and the amendments were con curred in. The bill was orderengross for a 3rd reading, was read the t ird time, and passed. STEASIBOAT INSPECTION LAW. !
The PRESIDENT protempore appoi ted Mr. CHANDLER, Mr. Emirmns, and Mr. ins MXTHas the committee of conference on' the part of the Senate on the disagreeing vote s of the 2 Houses on the amendments of the senate to the bill (H.R.No. 477) further to pro‘ vide for the safety of the lives of asse olgers on board of vessels propelled in whole or in art by steam, to regulate the salaries of s imm boat inspectors, and for other purposes. PARIS UNIVERSAL EXHIBITION.
The PRESIDENT protempore appoi (“ted Mr. HARRIS, Mr. Caaonv, and Mr. Current, 5as the committee of conference on the parto; (the Senate on the disagreeing votes of the 2 Houses on the amendment of the Senate to“ who JtResolution (H.R.No. 52) to provideI. for the expenses attending the exhibition of' [be the Eroducts ofindustry of the U.S. at xposition at Paris in 1867. HOUSE BILLS REFERRED. The following bills and JtResolutions from the HoRep were severe: 'ly read twice by their titles and referred to t he ComClaims: A bill (H.R.No. 694) for the relieft of Pitcher & Hayford, and Otis Ferguson, of Bet. fast, Maine;; A bill (H.R.No. 695) for the relief of W1) liam H. Wheeler, of Bangor, Maine; A JtResolution (H.R.No. 119) for che relief of Isaac Ramsey, internalrevenue c lector for the 8th district of Ohio; and.‘ A JtResolution (H.R.No. 170) for the relief of Caroline A. Randall, administratrix and widow of Charles B. Randall, deceased. NORTHERN KANSAS RAILROAD.
The PRESIDENT ro tempore laid before the Senate the amendment of the HoRep to the bill (S.No.145) for a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph.
Mr. POMEROY. I should like to have that lie upon the table for a few moments until it can be examined. I move that it lie on the table. The motion was agreed to.
The Secretary resumed the reading of the bill, beginning with the 10th section, as follows: SEC. 10. Abife: That sectionstwo. fivo. 8, nine. ten and 12 of the not entitled “An act to amendan notentitled 'An act to provide internalrevenueto support the Government.to pay ianptperroevstedon the public debt and for othereiurpesesi June 30, 1864."approvedMarch and the same are hereby.repealed. 1865b. e. The ComFinance proposed to amend this section in line 2 by striking out the word “ten.”
Mr. FESSENDEN. There are some slight amendments thatshonld be made to that amend.ment. In line ten after the words “an act to” the words “amend an actentitled ‘An act to’ ” should be inserted; in line 33 the word “ per” should be insertedbefore “ cent;” in line 71 the word “ duty ” should be be stricken outand “ tax" inserted; and in line 81 the words “or duties” should be stricken out.
The PRESIDENTprotempera. Those corrections will be made. The question is on the amendment of the committee as thus amended. The amendment, as amended, was agreed to.
Skip Skip The amendment was agreed to. The next amendment was in line 18 to insert the words “and prussiate, ” so that the clause will read, “bic'hromate and pros siate of potash.”
Skip Skip The amendment was agreed to. The next amendment was in line 24, to strike coat the word “ and" before earthen;” and after the words “water pipes” to insert “ retort s and tiles made of clay; so that the clause will read: Brick. fire brick. draining tiles, cement, drain and saenwdetircispmcsa.deeaorftheelanya.nd stone water pipes. retorts.
Mr. FESSENDEN. In line 29, the words “and calcined” before “ ypsum” should be stricken out; so that the c nuse will read, “building stone of all kinds, includin slate, marble, free stone, and soapstone, and rock, ground gypsum.”
Mr. FESSENDEN. As the words “and calcined ” are stricken out, the word “ (Hit ” should be inserted between the words “ rock” and “ground” in the same line.
Mr. FESSENDEN. After the words “ cau d“lc wicking, ” in the 33rd line, the word chrononieters” should be inserted.
Skip Skip The amendment was agreed to. The next amendment of the committee was in line 38 the word “ sheets, ” to insert “and stamped copper bottoms;” so that the clause will read, “copper and yellow sheathing metalmt more advanced than rods or sheets, and stamped co er bottoms.”
Mr. FESSENDEN. That is a mistake. Those words should not be inserted. The amendment was rejected. The next amendment was in line 42 to strike out the words “dressed or” before the word “smoked;” and after the word “smoked” to insert “ or not oil dressed;” so that it will read, “deer skins smoked, or not 0ildressed.”
Skip Skip The amendment was agreed to. The next amendment was to insert, after line 52, the following: “India rubber springs used exclusively for railroad cars."
Skip Skip The amendment was agreed to. The next amendment was to strike out line 54, in these words: “iron bridges, and castings for iron bridges.”
Mr. HOWARD. Iihope aie Senate will words “iron bridges, and castings for iron bridges.”
Mr. FESSENDEN. I hope the Senate will concur in the amendment.)
Mr. GRIMES. I concur with the Senfrom Michigan in what he has said on this subject. I believe that this tax, if levied, would be virtually a tax a on the safety of the traveling community. ur purpose should be to encourage the railroad companies to construct such roads and such bridges as will best subserve the interests of the traveling public, and protect them from harm as they do travel. I suppose that gentlemen who have traveled over the country are aware that in some sections of the country we are obliged to resort, in a great degree and railroads ought to be compelled to resort, and should be, if I had the power to control it to iron bridges, more than it is necessary that they should resort to them in other sections of the country. In some sections the have stone abutments and stone piers. on can 0 into some other sections of the country, an there is not enough stone within 500 miles to make a single pier or abutment. What is the best substitute for it? Iron iron piles to rest upon; and they ought to be encouraged in using that kind of material in place of putting down cotton wood that decays in the course of a few months, and thereby jeopardizes the limbs and the lives of those who travel on the roads. I concur fully with the ComFinance in thvamendment that they have made following this amendment, and that is, inserting upon the free list “iron drain and sewer pipes.’ I would do what I could to encourage the corporate authorities of the various cities to protect the lives and health of their citizens by furnishing proper sanitary regulations; and the same principles that would control me in the one case would control me in the other.
Mr. FESSENDEN. AllI have to say about it is this: the committee thought that a very large manufacture like this should contribute its share of the public burdens as well as anything else. this a ver large manufacture; it re nires a great deal 0 money, and a considerable profit is obtained from it, and there should be a tax derived from it. Railroads are very much of a favored institution under the tax bill in almost all things; and therefore we thought it would be no more than right that this manufacture should pay its share of the taxes. It is, however, for the Senate to decide. It is a matter about. which the committee have no feeling. I am of opinion that the tax had better be retained.
Mr. POLAND. It seems to me quite clear that these iron railroad bridges should be free from taxation. By looking along a little further in this list it will be seen that “railroad iron and railroad iron rerolled, ” and “railroad chairs and fish plates, ” which are the apparatus for fastening the rails upon the ties, are all in the free list iron in the shape of its simplest form of manufacture. Now, these iron railroad bridges, as has been said by the honorable Senfrom Michigan, are most important to the safety of the traveling wbhc. Ver many of the most severe, disastrous, and fate railroad accidents that have happened in the country have been in consequence of the insufficiency of the bridges, the falling of the bridges; so that for the safety and welfare of the travelin community it is important that they should e encouraged to make these permanent and safe brid es. Undoubtedly it would be for the interest of the railroad companies, as a matter of economy, in the long run, that they should make their bridges of iron instead of making them of timber. But every senator knows that very many of these railroad companies are not very flush of means; they have not a great deal of money; the resort to temporary expedients, and where they can build wooden bridges, and cheap ones at that, they build them; and the result is this lack of safety to the community, upon principle, in analogy to what is containe in this bil aside from this, it seems to me to be very clear that these irorb railroad bridges ought to be exempt.
The PRESIDENT protempore. The question is on the amendment of the ComFinance. The amendment was rejected.
Mr. HOWARD. I now wish to amend that clause so as to make it more exact in its si nification. I move to insert after the wor s “ iron bridges” the words “and the parts thereof, ” and to strike out the words “castings for iron brid es, ” so that it.will read, “iron bridges and the parts thereof.”
Mr. FESSENDEN. I do not know what that would cover. I do not know what the elfec; of it would be. Why not let it stand as it is
Mr. FESSENDEN. I do not think it isfair to strike out everything connected with iron bridges, because we do not know how it may affect the residue of the bill.
Mr. HOWARD. The reason of it is this: the parts of an iron bridge must necessarily be manufactured as such before the fabric is completed, and the object of my amendment is simply to exempt those parts that have been manufactured in anticipation of being put ill. the structure from taxation.
Mr. FESSENDEN. I do not know how far that would go; whether they ought to be exempt; or how it would affect other things in the bill. The Senator has had the clause retained as it is: “iron bridges and castings for iron brid es.”
Mr. H WARD. There is about half the structure that consists of wrought iron.
Mr. FESSENDEN. Wrought iron is not exempted anywhere, and it ought not to be exempted anywhere.
Mr. HOWARD. I think the parts of iron bridges made of wrought iron ought to be exempt; but I will allow my amendment to lie over for a moment.
Mr. HOWARD. Iwill offer another amendment to come in after line 54.
Mr. FESSENDEN. I suggest that the senator had better retain his amendment for the present until the committee’s amendments are disposed of.
Mr. SPRAGUE. If the committee have no objection, I should like to insert the word ax ” after the word “ hemp, ” in the 40 9th line, so that the clause will read, “hemp, flax, and jute prepared for textile or felting purposes.” t was probably omitted by misiel e.
Mr. FESSENDEN. I think the Senator had better withhold that for the present. That is made into very much finer manufactures, and it is doubtful whether it is expedient to exempt flax. It would cover very large linen factorieswhich are doing exceedingly well now.
The PRESIDENT 'o tempera. Does the Senfrom RhdIsfifnd persist in his motion to amend the bill?
Mr. SPRAGUE. I think it was intended to be there, and I can see no possible objection to it.
Mr. FESSENDEN. It has no connection with this clause at all.
Mr. SPRAGUE.ment. The next amendment of the committee was to insert after line 54 the following: “iron drain and sewer pipes.”
Skip Skip The amendment was agreed to. The next amendment was in line 64, after the word “plugs, ” to insert “eordage, ropes, and cables made of vegetable fiber, ” so that the clause will read: Masts, spars, ship and vesselblocks, and troenail wedges, and deck plugs, cordage, ropes and cables madeof vegetablefiber.
Skip Skip The amendment was agreed to. The next amendment was in line 67, after “fountains, ” to insert “and mead, ” so as to read “medicinal and mineral waters of all kinds, sold in bottles or from fountains, and mead.”
Skip Skip The amendment was agreed to. The nc'xt amendment was to strike out lines 68 and 69, as follows: Mills and machineryfor the manufactureof sugar sirup, andmolassesfrom sorghum.imphee.beets, an corn.
Mr. FESSENDEN. I suppose that question was settled by the vote of the Senate yesterday. This being included in the 3%. provision, it should follow the same fate an be left in. The amendment was rejected. The next amendment was in line 70, after the word “ kinds, ’7 to insert “and eat, ” so as to read, “mineral coal of all kin s, and peat.”
Skip Skip The amendment was agreed to. The next amendment was in line 86 to insert the word “printing” before “ paper ” and after the word “descriptions” to stri 'e out the words “except such as is manufactured and used exclusivel for wearing apparel, ” and to insert “an tai'red paper for roofing and other purposes;” so that the clause will read: Printing paper of all descriptionsand tarred spot for roofing and other purposes: booke, maps,0 arts, and all printed matter, and book binding.
Mr. EDMUNDS. I should like to inquire I withdraw my amend of the chairman of the committee why it is that other paper beside printing paper is still subject to taxation?
Mr. FESSENDEN. It should probably hear a slight duty, and we put it on the 3%. list.
Skip Skip The amendment was agreed to. The next amendment was in line ninet one, after the word “hydrometer, ” to stri e out the words “the product of;” in line 90 two, after the word “distillation, ” to insert “or the products thereof, ” and line 90 5, after the word “hydrometer, ” to insert “provided, that such 011shall be subject to the same inspection as illuminating oil;” so that the clause Wlll read: Parafline ; paraflinc oil. not exceedingin specific gravity 36 degreesBaumc’s hydrometer, a residuum of distillation, or the products thereof: lubricating oil madefrom crude petroleum. coal, 9r shalc not exceeding in specific graviltiv36 degreesBaume’s hydrometer: Prooidq, oil shall besubjectto the same inspection Tahsailtl us muci h natin oil; crudecpetroleuina', nd crudeOil the prod uct o the 1st an Single distillation of coal. shale, asphaltum.peat, or other bitumine us substances.
Skip Skip The amendment was agreed to. The next amendment was in line 117, after the words “railroad iron, ” to insert “and fish plates.”
Skip Skip The amendment was agreed to. MrJPOMEROY. I am very glad to see that railroad iron is placed on the free list. It will be recollected tint we had a debate on the subject last year. The tariff bill of last year raised the tariff on imported railroad iron ten cents on the 100 pounds because a tax was put upon its manufacture in this country. We all acquiesced in that; but now the question occurs, if we take off the tax from the manufacture in this countr, whether we ought not also, when the tariff bil comes in, to reduce the duty thereon.
Mr. FESSENDEN. We cannot act on the tariff bill now, because it is not before us.
Mr. POMEROY. I understand that. Ionly make this remark because I shall call attention to it when the tariff bill comes in.
Mr. FESSENDEN. I presume that matter will be arranged in the tariff bill.
Mr. POMEROY. I am very glad this provision is incorporated here, but it will not make railroad iron one cent cheaper unless the tariff is amended. The manufacturers will have the benefit of no taxation, but it will not make a difference of a cent a pound in the price in the market.
Mr. FESSENDEN. The Senator’s argument will come in better on the tariff bill.
Mr. POMEROY. Iintend to make it there, and here, too. The next amendment was to strike out lines 123 and 124, as follows: Reapers, mowers, threshing machines.and‘epa raters: corn shelleis, and wooden ware. The amendment was rejected.
Mr. FESSENDEN. As that clause is remined, I move to add at the end of it “cotton and hay presses.”
Mr. FESSENDEN. After line 125 I move to insert: Residuums, the product of mineral, vegetable or animal substances rawn from stills afterdistillation.
Skip Skip The amendment was agreed to. The next amendment of the committee was t“o insert after line 133 saltpeter."
Skip Skip The amendment was agreed to. The next amendment was in line 140, after the word “ locks, “to strike out the words “or for machinery” and to insert “safes, looms, spinning machines, pumps, hot air and hot water furnaces, and sewing machines;” so that the clause Wlll read: Spindles and castingsof all descriptionsmadespecially for locks, safes. looms, spinning machines. pumps. steam engines hot air and hot water lur naces and sewing machineasn. d notsold or usedfor any other purposes and upon which a tax 15 assessed and paid on the article ot which the casting is a part.
Mr. POLAND. I move to amend the amendment of the committee by inserting after the word “safes” the word “scales.”
Mr. FESSENDEN. I should like to hear some reason for that.
Mr. POLAND. The evident object of the bill is to avoid double taxation; and so this very amendment that the committee proposC provides that “ spindles and eatings of ul de scriptions made specially forlocks, safes, looms, spinning machines, pumps, steam engines, hot air and hot water furnaces, and sewing machines, " shall be exempt.
Mr. FESSENDEN. These are articles which otherwise pay 5%. Scales are in the 3%. list, so that they do not come under this. They are not doubly taxed.
Mr. POLAND. The tax on scales is not as large as upon these articles, but
Mr. FESSENDEN. If the Senator will look at the last part of the paragraph he will see that it reads, “and upon which a tax is assessed and paid on the article of which the casting is a part.” It is intended to prevent a double tax. They pay 5%. on these particular articles; but on scales the tax is but 3%, and if scales are put in here they would have an advantage over all pther articles that are in the 3%. ist.
Mr. POLAND. It is true the double taxation is not as severe on scales as on articles that pay a tax of more than 3%. The double taxation is not as harsh upon scales as it would be where the tax is higher; but really there is about the same reason why scales should be put upon the free list as many of these articles that we have voted in, such as reapers and mowing machines. They are articles of very general and extensive use among the agricultui'ists of the country. They may be regarded as a general implement in use among farmers throughout the country, so that there is a reason why the tax upon scales has been made less than upon some of these other articles. Unless there was some difference between them the tax should have been the same upon scales as upon sewing machines and those other articles which it is said stand in the list at 5%.; so that furnishes no reason whatever.
Mr. FESSENDEN. lfthe Senator will have scales changed from the 3%. to the 5%. list, he may put “ scales” in here and put them all on an equality. I do not See why he should want an advantage of 3%. in favor of castings for scales. Let them all stand on an equal footin.
Mr. POLAND. I am not skilled enough in the manufacture of scales to know whether that would bea good trade or not. [Laughter]
Mr. FESSENDEN. It would then put them on an equality with the other things. That is
Mr. POLAND. If the chairman of the committee will allow this to pass over for a time until I can consider
Mr. FESSENDEN. The Senator can move an amendment after the committee get through.
Mr. POLAND. Well, I withdraw my amendment for the present. The amendment of the committee was agreed to. The ComFinance proposed to insert the word “ bows" after “hubs, ” in line 145, and after the word “handles, ” inline149, to add “and wooden tanks, and cisterns for crude mineral oil;” so as to make the item read: Spokes.hubs, bows, and fellocs: poles, shafts, and arms for carriages or wagons; wooden handles for plows, and for other agricultural, household and mechanical tools and implements; and pail and tub cars and handles: and wooden tanks and cisterns for crude mineral oil.
Mr. FESSENDEN. In line 145 I move to strike out “ and” before “arms, ” and after the word “arms” to insert “and wheels not ironed or finished."
Mr. HENDRICKS. I suggest to the senator that a practical workman Buggesw‘i to me that the word “unfinished” ought to be inserted after “wagons.” That qualification ought to apply to the wagon.
Mr. BROWN. Thatis another matter. us pass on this.
Mr. FESSENDEN. These are the parts in the rough which go to the comosition of car riages and wagons: “spokes, iubs, bows, and felloes; poles, shafts, arms, and wheels not ironed or finished for carriages or wagons.”
Mr. HENDRICKS. That would be near enough right, I suppose.
Mr. SHERMAN. I think “spokes, hubs, and felloes” include all the parts except the Let iron.
Mr. BROWN. All the parts are enumer ated there, but they are sometimes put together and furnished in that shape to avoid difficulty of construction where they are received.
Skip Skip The amendment was agreed to. The ComFinance proosed to amend the section in line 152 b inserting after ‘fbars" the words “ rails made and fitted for railroads.”
Mr. FESSENDEN. I wish to make an amendment to insert after “steel, ” in line 152, the words “ made from iron advanced beyond muck, bar, blooms, slabs, or loops;" so as to make the clause read: Steel madefrom iron advancedbeyondmuck, bar. blooms, slabs, or loops, iningots. burs, rails made and fitted for railroads. sheet. plate, end or Wirc. hoop skirt wire, covered or uncovered, car wheels thimhlc skeins and ipo boxes and springs, tire and axles made of steel: used exclusively for vehicles. lclars;olr locomotives; and clock springs, faces, and an S.
Mr. KIRKWOOD. I wish to ask a question of the chairman of the committee in regard to the items enumerated in the clause from line 152 to line 157 of this section. All these articles enumerated here are made of steel?
Mr. KIRKWOOD. Is a tax put upon tires and axles made of iron ‘?
Mr. KIRKWOOD. I do not find it. It struck me this covered only steel tires and axles.
Mr. FESSENDEN. I do not know that the iron wheels are exem t.
Mr. KIRKWOOD. That is what I want to come at.
Mr. FESSENDEN. There is a peculiar reason in regard to steel.
Mr. KIRKWOOD. I merely wish to understand the section.
Mr. FESSENDEN. This item is in regard to articles made of steel.
Mr. VANWINKLE. I move' to insert “fire brick” after "' soapstone” in line 159; so that the item will rea: Stoves.composedin part of cast iron and in part of sheetiron or of soapstonafire brick. er freestono. with or without cast iron or sheet iron: Provided. That the castand sheetiron shall have paid the tax or duty previously assessed thereon.
Skip Skip The amendment was agreed to. The ComFinance proosed to amend the section in line 163 by inserting “corn” afler “ beets;” so as to read, “sugar, molasses, or sirup made from beets; corn, sugar maple, or from sor ghum, or im hee.” The amendment was agreed to. The committee proposed to amend by strik‘ing out the item “sulphate of barytes” in line 165.
Mr. FESSENDEN. To thought it could pay a.tax.
Skip Skip The amendment was agreed to. The committee proposed in line 166, after “ sulphur, ” to insert flowers of Slllphur and sulphur flour.”
The PRESIDENT protempore. These words will be added, no objection being interposed. The committee proposed in line 169, after “jams.” to strike out “and;” and after "jellies" to insert “paints, oils, and s ices, ” so that if amended the item would read) Tin cansusedfor preservedmeats, fish, shell fish, fruita, vegetables, Jams, Jclhes, paints, oils, and spices.
Skip Skip The amendment was agreed to. The committee proposed to amend by inserting after line 183 the following item: Wine made of grapes, currants, or other fruits, and rhubarb.
Mr. FESSENDEN. I wish to amend by inserting at the end of the para raph, after line 186, these words: And no manufactured wire shall pay a greatertax than that imposedon number 20 wire gauge. The clause will then read: Wire madefromwire lessthan number 20 wire gauge, uponwhich a tax has been assessed and paid as wire; and no manufactured wire shall pay a greater tax than that imposed on number 20 Wiregauge.
The Secretary read the next section, as follows: SEC.12. Ari Abife: That all lists or returns requiredto be mnde monthly by any person. firm.company, corporation.orpurty whutsovcr.liable to duty or tax shall be madeon or before the 10th day of each and every month and the duty or tax assessedor duo thereonshall be certified or returned by the assessorto the collector on or beforethe last day of each and every month. And all lists or re turns required to be mnde quarterly, and all other lists or returns, for which no provision is otherwrse mnde shall be made on or hcforc the 10th day of each and everymonth in which said list or return is required to be made or succeedingthe time when the tax or duty may be dueand liable to he asressed and the tax or duty thereonshall be certified or returned as herein provided for monthly lists or returns. And the duty or tax shall be due or payable on or before the last do of each and everymonth. And in casesaid tax or duty is not paid on or before the last day of each and everymonth, the collcrtor shall proceedto collect the somein the manii crprovided bylaw; and so inuch of the 83rd section of the act to which this is an amendment is herebyrepealed; and in all casesof neglectto inuks such listsor returns orin caseoffnlse and fraudulent returns, the provisions of existing law asamendedby this act shal be applicable thereto.
Mr. FESSENDEN. I move to strike out the words “ duty or" before “tax, ” in line 3 and line 5 and wherever else they occur in that section.
The PRESIDING OFFICER, (Mr. ANTHONY.) That correction will be made. The ComFinance proposed to ameeid the section by striking out the following wor s: And in casesaidtax or duty isnotpnid onor before the last day of eachand everymonth.the collector shall proceedtocollect the same in the manner provided by law; and so much of the 83rd seqtion of the act to which this is an amendment is herebyrepealed. And in lieu thereof inserting: And in casesaid tax is not paid on or beforethe last day of eachand everymonth the collector shall add 10%. thereto: Provided, That notice of the timewhen such tax shafl be comedueand payable shall be given in such manner as shall be prescribed by the ComrIntRev and if said tax shall no. be paid‘on or before the last day of the month as aforesaid, it shall be the dutyof said collector to demand payment thereof.With 10%, additional theretoin the manner rescribedby law and if said tax and 10%. additional are tnhoetrpeaoifd, within ten days from and aftersuchdemand it shall be lawful for the collector or his deputy to make distraiiit therefor as provided by law and so much of section 83 of the act of June 30.1864a.samendedby the act of March 3. 1865. asrelatestothe time of payment and collection of tax is herebyrepealed. T he amendment was agreed to.
The Secretary next read the 13th section of the bill, as follows: SEC.13.Abife: That npo the ca rics who manufacture. for their own dispensation and salesto consumers and to physmians, the medicines compoundedaccording to the U.S or other national phiirmacopocius, or of which the full and proper formula is published in any of the dispensatories now or hitherto In. common use among physicians or appthocariea, or in any pharmaceutical Journal now issued by any incorporated colleuc of sharmacy mholl not beregarded as manufacturers uner this act. But apotheeariesand all other persons who manufacture for the dispensingand salesof others or who make and advertise any article. me dicinal or otherwise, simple or compound.with any special proprietary claim to merit or to specialad vantage in useor effect whether such claim be based on the properties.qualities. rice or any other distinctive or distinguishing characteristic. whether real or)fflGllliCll.of the articles so made and adveritnisged whether such article heor he not made accord to the authorities above cited in this section shall be regarded as manufacturers under this act. And apo the caries shall not be regarded as retail dealers in liquors in cousequenee of selling or of dispensinguupon physicians‘ [rescriptioris the Wines and spirits ot'ficinalin the U.S and other national pharmacopmiiis. either simple or compounded.in quantities not exceedinghalf a pint 0 either at anyone time. nor exceedingin aggregac cost value the sumof $30oper annum. The committee proposed to strike out after the word “ act, ” in line 19, the following words: And apotbscaries shall not. be regarded as retail dpeeanlseinrsgi.n liquors in consequenceof selling or of disupon physicians’ prescriptions. the wines and spirits officiiial in the U.S and other national pharmaeopoeiiis.either simple or compounded.in quantities not exceeding liulfa pint of either at anyone time. nor exceedingin aggregate cost value the sum of $30oper annum.
The Secretary read section 14, as follows: SEC.14. Abife: That no duty or stampshall be required for any uneoinpoundedinedi cinal drugorchemieaf.norany medicinecompounded according to the U.S or other national phar macopinia or of which the full and proper formula is published in any of the dispensatqriesnow or hith erto in common use among physiciansor apotbecaries. orin any pharmaceutical journal now issuedby any incorporated collegeof pharmacy.when not sold or olfered for sale or advertised under any other name.form or guise than that under which theymay be severally denominated andlaid downin said phar macopinias.disponsatories or journals as aforesaid; nwohricmhemdaicyinbeesmsoilxded toaonrd fcoormtphoeuunsdeeodffoarnsyapiderpseorn. son a‘ceordingto the written receipt or prescription of any physician or surgeon, But nothing in this section shall be construed to exempt from stamp duty any medicinal articles whether simple or compounded by any rule. authority or formula published or uniplaurblitsohed.whiohareput up in a style or mannersim that of patent or proprietary medicines in general and advertisedin newspapersor by public and bills for popular sale and use as having any special proprietary claim to meritnor to any pecii iar advant in mode of preparation. quality. use or effect.w ethersuch claimbereal or pretended.
Mr. FESSENDEN. In the 1stline of section 14 I move to strike out “duty or” before “stamp.” and after “stamp” to insert “tax, ” and to strike out “required for” and insert “imposed upon;” so that it will read, that no stain tax shall be imposed upon any uncempounde medicinal drug.” die.
Mr. FESSENDEN. In line 3, after the word “nor, ” I move to insert “upon.”
Skip Skip The amendment was agreed to“ The ComFinance proposed to insert " for” after “nor” in line 12.
Mr. FESSENDEN. It should be “upon” instead of “forH to correspond with the previous pmendment.
Mr. FESSENDEN. The word “duty” in line 16 should be “tax.”
The PRESIDING OFFICER. That change will be made.
Mr. FESSENDEN. The word “and ” be fiore yi“advertised, ” in line 20, should be
The Secrctary read the next. section, as follows: $30.15. Abife: That in caseany Roodsor commoditiesfor or in respect whereof any tax or duty is or shall be imposed or any materials. auttefonrsoilsr.oinr vtheessneiilis kpirnopoefrsourcinhtgeonoddesdotrocboemmmaoddeiutisees shall beremoved or shall bedepositedor concealed ionlvsauncyhpdlauctye.with intent to defraud the U.S and commood itrtiaexs.aonrd anay llpasurtethhemraetoef.raialllss.uchgoods and vessels respectively shall be utensils. everysuch forfeited: and in or rinse and in every case where any goods ancyommodities shall be forfeited under this act or other not of Congress relating to the internal roervenue.all and singular the casks. vessels, cases. Other packages whatsoever containing or which 1 have contained. such goods or commodities, respectively and every vessel boat. out. carriage or other conveyance whatsoever and all horses or other animals and all things usedin the removal or for the depositor concealment thereof.respectively shall be forfeited: and every womanwho shall remove deposit or conceal or beconcernedin remov inir.depositing or concealingany goodsor commod ities for or in respect whereof any duty or taxis or shall be imposed.with intent to defraud the U.S.of such duty or tax or any part thereof shall be liable to a fine or penalty of not exceeding 8500. “
Mr. FESSENDEN. I move to strike out or duty" after “tax” in line 3.
The PRESIDING OFFICER. That alteration will be made.
Mr. VANWIN KLE. I move to strike out ‘iduty or” before “tax” in line 7.
Mr. FESSENDEN. In line 20 'one and in line 23 I move to strike out “ duty or” before “tax.”
The Secretary read the next section, as follows: SEC.1d. Abife: That the judge of any circuitor district eourt of the U.S or any commissionerthereof. may issue it searchwar rant. authorizing any internalrevenue officer to searchany premises.if such officer shall make oath in writin that he has reason to believe and does believe.t at a fraud upon the revenuehas beenor is being comitted upon or by the useof said prem 159 3. The ComFinance reported no amendment to this section.
The Secretary read section 17 of the bill, as follows: SEC.17.Abife: That in caseany Bersonshallsell. give or purchaseorreceiveany box. arrel. bag or any vessel. package.wra per. cover or envelopeofony kind. Stamped dirandet. ormarked in any way. so as to showthat the contents or intended contents thereof have beenduly ins ccted or thatthe tax or duty thereon hasbeen pair or that any provision of the internalrevenuelaws has been compliedwith. whethersuch stamping. branding or mmaarying may have been a duly authorized act or be false and counterfeit or otherwisewithout authority of law. said box. barrel. bag.vessel.pack age. wrapper. coyer or envelope being cm ty or containing anything elsethan contentswhich were therein when said articles had been so lawfully stamped branded or marked by an officer of the revenue or falselgor fraudulently stain ed.branded. ofirftmyiirkod shall eliabletoapenalt of notlessthnn nor more than 500 ollars; and all such boxes. Barrels bags. Vessels packages.wrapu gcrs. c oyersa.ndenvelopes.with their contents shall 0 forfeited to the U.S. And any person who shall make. Manufacture or produceany box. vbealroreple.bsatagm. vessel.package.wrap or cover or enbranded or marged as above do soribed or shall stamp brand or mark the some.as hereinbefore recited shall. upon conviction thereof. be liable to penalty as before rowded in this section. And a ny person who a all violate the fore oing Krovmons of this section. with intent to deraudt e revenue or to defraud any person shall. upon conviction thereof be linble to a fine of not lessthan 81,000o.r imprisonment for not less than 6 months or both such fine and imprisonment at the discretion of the court; andlall such articles gnu? their contents shall be forfeited to the U.S.
Mr. VANWINKLE. I move to amend the section by striking out “or duty” after “tax” in line 6.
Mr. FESSENDEN. Before the word “con tents, " in line 12, the word “ the” should be inserted.
The PRESIDING OFFICER. That correction will be made. The ComFinance proposed to amend the section by striking out after “ revenue, " in line 14, the words “or falsely or fraudulently stamped, branded, or marked, ” and inserting “ such person.”
Skip Skip The amendment was agreed to. The next amendment was after “dollars, ” in line 17, to strike out the words “and all such boxes, barrels, bags, vessels. pack ages. wrappers, covers, and envelopes. with their contents, shall be forfeited to the U.S.”
Skip Skip The amendment was agreed to. The next amendment was to strike ‘out the following clause at the end of the section: And all such articles.with their contents shall be forfeited to the U.S. And in lieu thereof to insert: And all articles sold. given. purchased. received. made.manufactured. produced. branded. stopped, or marked in violation of the provisions of this section and all their contents shall be forfeited to the U.S.
The Secretary read the 18th section of the bill, as follows: Size.18.And beirfm ghrr mach d.That where any whisky. oil. tobacco or other articles of manufacture or produce.requiring brands. stamps, or marks of whatever kind to be placed thereon shall be sold upon distraint. forfeiture or other process provided by law. the same not having been branded.stamped or marked as required by law. the officer sellinii the same shall uponsalethereof.fix orcauseto beaffixed the brands.stamps or marks so required and deduct the expensethereoffrom the proceedsof such sale. The ComFinance reported no amendment to this section. Sections 19 and 20, to which no amendment was reported, were read as follows: Sec. 19. Abife: That manual labor schools and colleges shall not be required to pay aiuiinufucturer’s or special tax while the proceedsof the labor of such institutions are applied exclusively to the support and maintenanceof such institutions. Site.20.Abife: That no suitshall be brought against any collector of customs or of internalrevenue for any duty. license. special ta x or tax paid. unless such suit is brought within 6 months from the plumageof this act or Within 6 months after the payment of such duty or tax.
The Secretary read the 21st section of the bill, as follows: Sic. 21. Abife: That section 15 of the act of arch 3. 1865.entitled:‘An act to amendan act entitled ‘An act to provide internalrevenue to support.the Government.to pay interest on the public debt.andfor other purposes. ’approved June (it).1864.”be amendedby stri kin‘gout all after the enactingclause and inserting ln‘llfr‘llthere of the following: that in any port of the LU.S.in which there is more t on one collector of internalrevenue. the SecyTreasury may desig nate one of said collectorsto have char 0 of all matters relatin to the exportatiop of artic cssubicct to tax under t o lawsto provide internalrevenue; and at such ports as the SecyTreasury may deemit necessary there shall 0 an oBlecrappoints by him to superintend all matters of exportation and drawback under the direction of the collector. Whose compensation therefor shall be reseribod by the SecyTreasury. but she. I not exceed. in any case.an annual rate of $2.600e.xcepting at NewYork. wherethe compensation shall be an an nual rate of And all 0 books.papers and documentsin the bureaiiof drawbackin the respective ports. relating to the drawback of duties paid under the internalrevenuelaws shall be delivered to said collector of internalrevenue; and any collector of internalrevenue or superintendent of exportsand drawbacks shall have authority to administersuch oathsand certifyto such papers as may be necessaryunder any rules and reguations that Fiay ‘llie prescribedunder the authority herein concrre.
Mr. FESSENDEN. In line 22 of that section the word “duties” should be "taxes."
Mr. FESSENDEN. The Committe on Fi nance propose to strike out sections 25, 26, and 27, and to put them in a new draft which i will be found on pages 183, 184, and 185. Unless some senator insists on the reading of the sections stricken out, their reading may be dispensed With.
Mr. TRUMBULL. Is there no change but in phraseology?
Mr. FESSENDEN. The substance of the 3 sections i. but into one section, in a new draft. That is a l. The sections can be read if their reading is desired.
Mr. TRUMBULL. I do not wish to have them read if the committee only propose a mere change of phraseology.
The PRESIDING OFFICER. The reading the sections proposed to be stricken out will be dispensed with.
Mr. FESSENDEN. I move to add to the section just adopted these words: Any personfailing to give the notice or bondhere inbofororequired or giving a false or fraudulent no tice, shall be liable tothefineandforfeitureprovided in the last precedingsection.
Mr. FESSENDEN. Because there is a general provision in another place making “ person, wherever that word occurs, apply to irms and corporations.
Skip Skip The amendment was agreed to. The next amendment of the committee to this section was to strike out, in lines 5, 6, and 7, these words: Are manufactured: and no still, boiler or other vessel shall be usedas aforesaid in any building or on any premiseswhere beer, lager beer. ale. porter or other fermentedliquors.
Skip Skip The amendment was agreed to. The next amendment was in line 18, after “dollars, ” to strike out “and” and insert “or, ” and after “not, ” in line 19, to strike out “less than 6 months nor;” so as to read, “pay a fine of $1,000 or be imprisoned for not more than one year.”
Skip Skip The amendment was agreed to. The next amendment was after “person, ” in line 20, to strike out the words “firm or corporation.”
The PRESIDING OFFICER. That amendment is agreed to, no objection being made. The next amendment was after the word “sent, ” in line 25, to strike out the words “of the intention to send or set up the some” and insert “and by whom it is to be used.” The amendment was agree'd to. Why strike out those The next amendment was after “person, ” in line 29, to strike out “firm or corporation.”
The PRESIDING OFFICER. That correction will be made. The next amendment was in line 35 to strike out “manufactured” and insert “re inm'ed.”
The Secretary read section [29] 27 of the bill, as follows: SEC.[ ] 27.Abife:, That. ever rectifier or wholesaledealer in distilled spirits sha I enter, daily.in a book or bookskept for the purposc, under such rules and regulations as the ComrIntRev mayprescribe, the number of proof gallons of spiritspure hasedor received, of whom purchased and received, and the number of proof gallons sold or delivered: and every recti fier or wholesaledealerwhoshall neglector refuseto keep such record shall forfeit all spirits in his possession, togetherWllh the apparatus tools and im ipmlepmriesonntsmuesnetd, and be subject to a fine of 8500o. r than one yourf.oinr ntohteledsissetrheatniosnixofmthoentchosunrot.r mAonrde every rectifier shall mark with a stencil plate on each ackago of 5 gallons or moreof distilled or recri ed spirits sold by him, his nameand place of business.
Mr. FESSENDEN. After the word “mark, ” in line 13, I move to strike out the words “with a stencil plate.” The amendment. was agreed to.
Mr. FESSENDEN. In line 12 of that section I move to strike out “ComrIntRev” and insert “SecyTreasury."
Mr. VANWINKLE. In line 25 the'word “duties” should be “taxes.”
The Secretary read section [31 ] 29, as follows: Sec. 31. Abife: That general bonded warehouses for the storageof spirits or other merchandise allowed by law to be placed in bond to secure the payment of the internalrevenue tax thereon or the exportation thereof. may be establilshed under such rules and regulations and upon the execution of such bonds as the ComrIntRev may prescribe, and shall be in the immediate custody of store keepers who shall be appointed for that purpose whose compensation shall lie paid monthly to the collector of the district by the owners or proprietors of such warehouse and shall not exceed the rates which may be allowed to storekeepers of bonded warehouses established under the laws and regulations relating to customs.
Mr. FESSENDEN. In lines 6 and 7 the words “ComrIntRev” should be “SecyTreasury.”
The PRESIDING OFFICER. That change will be made, no objection being interposed. The ComFinance proposed to amend the section by adding to it the following proviso: bon Provided. That any article manufactured in 168thsts aebeltiisohneodfutnhdeeinrtethrnea 100 apt revenue ofJune 30.1864 and located in any of the Atlantic onbttaotes, maybe removed therefrom for transporta the Pacaific cucsotoamsts of the U.S. warehouse at any port on only of being exported therefrom fortho purpose and regulations. under such rules and upon the execution of such ubroynds or other security, as the SecyTreas may prescribe. ‘ilfl amendment was agreed to.
Skip Skip The amendment was agreed to. The next amendment was after the word “and, ” in line 26, to insert “said inspector.”
Skip Skip The amendment was agreed to. “ The next amendment was after the word monthly, ” in line 31, to insert “for collection."
Skip Skip The amendment was agreed to. The next amendment was in line 41 to strike out “ collector" and insert “Secretary;” so as to read, “the SecyTreasury may appoint an asst inspector.”
Skip Skip The amendment was agreed to. The next amendment was in line 54 to strike out “appoint an officer" and insert “designate a person.”
Skip Skip The amendment was agreed to. The next amendment was after “shall, ” in. line 56, to insert “during such absence ierform the duties;” and after “ ay, ” in line 57, to insert “and be paidpin the same manner.”
Skip Skip The amendment was agreed to. The next amendment was to strike'out in lines 59 and 60 the words “such amount to be deducted from the pay of the absent officer.”
Skip Skip The amendment was agreed to. The next amendment was in line 63, before “remove, ” to strike out “and” and insert "‘ or.”
The PRESIDING OFFICER. That correction will be made. The next amendment was to insert after “thereto, ” in line 67, the words “ be liable to.”
Skip Skip The amendment was agreed to. Th. e next amendment was after “penalties 77.. “ i) in line 69, to strike out imposed by this act."
The Secretary read the next secton of the bill, as follows: Sac. [33]31. Abife: That there shall be appointed in every collection by the secyTreasury. necessary. district wherethe same may be oneor more general inspectorsof spirits. who shall eachtake an oath faithfully to perform his duties. in such form as the ComrIntRev may prescribe. and who shall be entitled to receive one quarter of onecent for each and everywine gallon gauged andproved by him: and an owner. agent, or superinten ent ofany distillery or endedwarehousewho shall refuse to admit an inspector upon such premises.so far as it necessary may be for the performanceof his duties or who shall obstruct an inspectorin the performance of his duties shall forfeit and pay the sum of $500.to be recovered in other penaltiets hiemmpoasnendebryptrhoivsiadeetd. tor recovery of The ComFinance proosed to strike outiufter the word “spirits, in line 4, these words: “who shall each take an oath faithfully to perform his duties, in such form as the ComrIntRev may prescribe, and.”
Mr. FESSENDEN. Before the word “gal lon, " in line 8, I move to strike out “wine” and to insert “proof;” and after “ him” in the same line to insert, “to be paid by the owner of the spirits;H so that it Will read: Who shall be entitled toreceiveonequarter of one cperonvtefdor by each and every proof gallon gauged and spirits. him. to be paid by the owner of the dre. the pIl ESIDINGOFFICER. Those changes will be made unless there be objection.
Mr. FESSENDEN. The next section, the thirt i 4th of the House bill, or 32nd, according to our numbering, is reported to be stricken out and a new draft inserted. I think the reading of the original may be omitted. The new draft begins on page 195.
The PRESIDING OF iICEIt. The reading of the section proposed to be stricken out will be omitted. the words proposed to be inserted only will be read.
The Secretary read section [36] 34. as follows: $50. 34.Abife: That Proof spirits n l beheld and taken to be that alcoholic liiguorwhich contains one halfits volume of alcohol 0 a s ccific gravity of 7,939. $7930) at 60 degrees Fahrenheit and the tax on all spirits shall)0 lovied according to their etluivalent in proof spirits: and the SecyTreasury is hereby authorized to adopt. procure and prescribe for use. such hydroiueters.weighing and gauginginstruments.metersor other means for iisccrtziining the strengthand on antity of spirits subject to tax and to prescribe sue rules and regulations as he may deem necessary to insure a uniform and correct system of inspection weighing and ganging of spirits subjectto tax throughout the U.S. And in all sales of spirits hereafter made. where not otherwise specially agreed.a gallon shall be taken t o he a gallon of 1st proof. According to the foregoing standard set forth and declared for the'iuspectionand gauging ofspirits throughout the U.S. The ComFinance proosed to amend in line 4, after “(.7030,) by inserting “ 10,000ths, ” and after “ Fahren heit, ” in line 5. by strikin out “and the tax on all spirits shall be levied according to their equivalent in proof gpirits.”
Skip Skip The amendment was agreed to. The committee further propose to amend the section in line 14 after “all” by striking out “ sales of spirits hereafter made, ” and inserting “cases.”
Mr. FESSENDEN. That should be non-concurred in; it is a mistake. The amendment was rejected.
Skip Skip The amendment was agreed to. The committee also proposed to insert the words “the keys’7 before “ shall” in line 33.
Mr. FESSENDEN. In line 28 of that section I move to strike out “under this act” and'insert “ by law.”
The Secretary read section [38] 36, as follows: SEC. 38. Abife: That any person who shall knowingly and fraudulently useany false weights and measuresin ascertaining.weighing or measuring the quantities of grain. meal or vegetable materials. molasses or beer or other substancesto be used for distillation or who shall fraudulently make falserecordof the same or who shall destroy or tamperwith anylocksor seal which maybeplaced on any cistern.rooms or buildings by the duly autheiiled officersof the revenue shall be guilty of a felony and on connotion thereofshall be imprisoned for the termoftwo years and paya finenot exceeding $l.000 in the discretion of the court; and any person who shall use any molasses.beer or other substances.whether fermentedon the premises or clse where.for the purpose of producingspirits. beforean account of the same shal have been registered in the proper record book provided for this purpose shall forfeit and pay the sum of 81.000 for eachand everyoffenseso committed. The ComFinance proposed before “measures.” in line 3, to strike out “ and” and insert “or.”
The PRESIDING OFFICER. The correction will be made. The next amendment of the committee was in lines 9 and ten to strike out the words “be uilty of felony and, ” and to strike out “shafi” before “he, ” in line ten. The amendment. was agreed to.
Mr. VANWINKLE. I move to strike out “or.” at the end of the 4th line of that section.
The Secretary read section [39] 37, as follows: SEC. [39] 37. Abife: That on all wines. liquors or compoundsknowu or denominated asiviue.madeinimitation of sparkling wineorcham pngnc and put up in bottlesin imitation of any importedwine or with the pretenseof being imported wine or wineof foreigngrowth or manufacture. there shall belevied and paid atax of 6 dollarsper dozen bottles. Each bottle containing more than onepint and not more than one quart or 3 dollars perdozen bottles. eachbottlecontainingnotmorethan one pint: and the returns. assessment.collection and time of collection of the tax onsuch imitation wines shall be subject to the regulations of the ComrIntRev. And any person who shall will fully and knowingly sell or otfer for sale. any such wine madeafter the passageof this act. upon which the tax herein imposed has not beenpaid or which has been fraudulently evaded shall. uponconviction thereof. be subject to a penalty of S.000 or to i m prisonment not exceedingoneyear. at the discretion of the court. The ComFinance proposed to amend the section by inserting after “pint, ” in line ten, the words “ said tax to be paid by the manufacturer. owner, or person having possession thereof.”
Mr. FESSENDEN. I move to strike out in line 16 the words “passage of this act” and insert “this act takes effect.”
The Secretary read the next section, as follows: SEC.[40138.Abife: That every owner agent or superintendentofn nydistillery shall atnlltimcswhen required supply alli issistancedights, ladders.tools.staging or at or things necessaryfor inspectingthe premises.stock. tools and apparatus belongingto such person or personshavmg paid the special tax aforesaid and shall open all doors and open for examination all boxes. packages and all casks.barrels.andothervesselsnot under the control of the inspector.when required so to do by any duly authorize officer. under a penalty of $200for any refusal or neglectso to do. The ComFinance proposed to strike out after “ person, ” in line 5, the words “ or persons having paid the special tax aforesaid."
The PRESIDING OFFICER. That correction will be made. The committee also proposed to insert after “ act, ” in line 14, the words “takes effect.”.
Mr. FESSENDEN. At the end of line 20 I move to strike out the words “cut or branded” and to insert “ marked, ” and in line 22 to strike out “ this act” and insert it law ll
The PRESIDING OFFICER. Those amendments will be made.,
Mr. FESSENDEN. In line 25 I move to strike out “this act” and to insert H law H
The PRESIDING OFFICER. That amendment will be made. The ComFinance proposed to insert after “spirits, ’.’ in line 34, the words “to be assessed and collected as in case of other taxes.”
Skip Skip The amendment was agreed to. In line 37 the committee proosed to strike out “ herein " before “ provi ed;” and after “provided” to insert “ by law.”
Mr. FESSENDEN. In line 39 I move to strike out the words " under this c 1’
Mr. FESSENDEN. I move to strike out. in line 45 the words “shall be guilty of a misdemeanor, ” and to insert in lieu 0ft iem the following: 0r place any false or fraudulent mark upon any cask or package shall on conViction thereof. pay a fine of not less than 81.000 and be imprisonedfor not lessthan 2 nor morethan 5 years.
Mr. TRUMBULL. Why not limit these penalties up as well as down?
Mr. FESSENDEN. Perhaps it would be dangerons. ll
Mr. TRUMBULL. There is another clause like the one just read. I presume the chair man of the ComFinance means it. The provision is that a partyhasrhdaly1 be fined not less than $500 and imprisoned not less than 6 months, leaving it at the discretion of the court to fine him $600,000, and imprison him 99 years if he chooses. I notice in the amendment just 'effered there is a limitation both ways upon the imprisonment, but the revision as to fine is that the fine shall not. e loss than $1,000. Ought it not to be limited the other we? It is usual in laws of this kind to impose alimitation both walyns.the 17th section the same thing occurs; I had intended to call attention to it, but it escaped me when the section was read. It is pi'ovided in that section “and an person who shall violate the fore oing rovrsions of this section with intent to defrau the revenue or to defraud any person, shall, upon convictionYhereof, be liable to a fine of not less than $1,000, or imprisonment for not less than 6 months or both such fine and imprisonment, at the discretion of the court.” It should not he in the discretion of the court to impose fille and imprisonment adlibilum. Of course the committee can hardly mean to leave it in that way. The amendment just offered says a fine of not less than $1,000. Wh not say “ and not more than $5,000?” h
Mr. FESSENDEN. These are serious offenes, and I should not like to have the punishment made ver light.
Mr. TRUMBU L. It can hardly be meant to imprison a man for life.
Mr. FESSENDEN. I do not think the judges in our section of country would do that perhaps they might be more severe in the Son ator's section. If the Senator will look at the offenses and make suggestions as to what the limit eiight to be, I shall not object to any reasonable amendment.
Mr. TRUMBULL. I do not care what the limit is, but I think there should be some limit, not exceeding a certain amount. I would not leave a discretion to impose any amount of fine or any term of im risonment.
Mr. FESSENDEN. I will modify the amendment by saying “a fine of not lessthan $1,000 nor more than $5,000, and be impris oned for not less than 2 nor more than live rs.
Mr. FESSENDEN. Now I propose to go back to the 17th section, on page 175 and there make an amendment to suit the Senator’s views.
Mr. TRUMBULL. I an pose the Senfrom Maine will look this bill over again. He will find that an amendment of the 'samekind is wanted in several places where there is no lim itation on the amount to which the fine or the duration to which the imprisonment may extend. I think it would be well to put such a limitation in all cases. I 'suggest it to him for his consideration.
Mr. FESSENDEN. tion 17 so as to make it read, in lines 28, 29, and 30: A fine of net lossthan $1.(DOnor morethan $5.1DO or imprisonment for not less than 6 months nor morethan 5 years or both such 5 andimprisonment, at the discretion of the court.
Mr. FESSENDEN. In line 57, of section X[I41 ] 39, I move to strike out “fiy” and insert “ 200." so as to make the penalty there $200 instead of $50.
Mr. FESSENDEN. In line 62 I move to strike out the words “except in the 8m loy of the inspector." he amendment was agreed to. The committee proposed, in line to strike out “the same " after “forfseixitWxaan' to insert “ such cask or package, With its contents.” I move to amend seov'
Mr. FESSENDEN. Instead of adopting that amendment I move to strike out all “thereof” in after line 66 to “shall” in line 67. The words to be stricken out are “shall forfeit the same and;” so that it Will then read: Who shall knowinglg makeor useany counterfeit or spurious brand or plate upon any cask or package of distilled spirits. as aforesaid, shall be deemed guilty of a felony and on cpnViction thereof, shall pay a fine of $1,000a, nd be imprisoned for not loss than tivonor morethan 5 years.
Mr. FESSENDEN. After “years, ” in line 69, I move to insert “ and such cask or package, with its contents, shallbe forfeited to the U.S.”