Mr. CLARK. I desire simplyto say that this bill is, reported from the ComJudiciary upon a resolution introduced by the Senfrom Massachusetts. It seemed to the committee that there was a necessity for the passage of a hill of this kind, and it has been thorou hly considered by that committee.
Mr. SUMNER. Aslunderstand it, then, the bill grows out of those outrages, of which we had a report, in the Gulf Statesin Florida, in Mississippi, in Louisiana, and Texaswhere freedmen were seized and carried off and sold as slaves. Since I called the attention of the Senate to those outrages, I have received 3 or 4 other communications, which I have not with me now, for I did not anticipate that the bill would be called up today, all commu nicating additional evidence With regard to those outra es. They are going on now in Florida, an perhaps not uniiaturall, because Florida is the nearest to Cuba; an they are also oing on in Texas, and oven in Louisiana. In this wa the proclamation of emancipation is set at chance, and a new slave trade is opened. I am very grateful to the ComJudiciary for the promptitude with which they have reported this remedial measure, and I hope the Senate will pass it.
Mr. CLARK. I have said that the attention of the committee was called to this subject by the resolution of the Senfrom Massachusetts.
Mr. CLARK and by reports in the news papers and from other quarters that this traffic was iried on, and on an examination we found no sufficient protection in the statutes of the U.S. against it. There was some slight protection in the statute which regulated the coastwise slave trade. but that was icpealed at the last session and the committee could find no suitable provision, in fact no provision at all, on the statutes that would apply to this matter, and they therefore report this bill. They have no particular evidence as to how extensively this trade has been carried on, or what are the particular necessities for this measure. but there are reports of the kind that have been suggested by the Senfrom Massachusetts, and I think the Senate will see that there ought to be such abill to guard against any danger that there may be in thiway.
Skip Skip The bill was reported to the Senate without amendment, orderengross fora3rd reading, read the 3rd time, and passed. 1. A. PATTERSON.
Mr. CLARK. I ask the Senate now to proceed to the consideration of a little bill for the relief of a
Mr. Patterson, formerly an officer of the Army. The motion was agreed to; and the bill (S.No.117) for the relief of F. A. Patterson, late captain of the 3rd Virginia cavalry, was read the 2nd time, and considered as in ComWhole. It directs the SecyWar to pay Captain F. A. Patterson the full amount of ay and emoluments as a captain of the 3rd Sirginia cavalry, from the 23thoi NQYQInbqr, 1862, the date of his commission HJIDP 4 urn; 91: 21;: I. clansl 1866. f 853 by the Governor of Virginia, to the date of the muster out of his regiment.
Mr. CLARK. I am inquired of by the senator nearest me what this bill is, or what it means. Captain Patterson was commissioned by Governor Peirpoiut, of the State of Vin inia, to raise a regiment of cavalr for the nion Army. He proceeded to raise is regiment and repaired to Vinchester, where he supposed he would be mustered in, but found no iniistering odicer there, and was very soon after taken prisoner with Milroys command and carried to arebelprison and kept there 22 months, and was unable to get any ay whatever. The committee think he should he paid. It was not his fault that he was not mustered, but the fault Of the Government.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. POST ROADS.
The PRESIDING OFFICER. The question is on agreeing to these amendments, reported from the ComPostOffices an Post Roads.
Mr. DIXON. Ipropose to amend the amendments in line 30, page 7, under the head of “ Kansas, ” by striking outthe words, “From Emporin, via Neosho Rapids, ” and inserting, “Enterprise, via Ottumwa. ”
Mr. CLARK. That is an amendment in the 3rd degree, and can only be made by unanimous consent. Probably there will be no objection to it.
The PRESIDING OFFICER. That amendment will be considered as made by unanimous consent if there be no objection. It is an amendment in the 3rd degree and not strictly in order.
Mr. DIXON. There are some routes that have been omitted by the committee thatI now propose to add. On page 7, after line 32, under the head of “ Kansas, ” I move to add, “From Council Grove to Marion Center.”
The PRESIDING OFFICER. That amendment will be made if there be no objection.
Mr. DIXON. On age 8, atterlineffitysix, u“nder the head of “ own ” I move to insert, From Postville, via Lybiland and Ludlow, to Waukou, in Alamakee county.”
The PRESIDING OFFICER. By unanimous consent that amendment will be made.
Mr. DIXON. At the end of the amendment reported by the committee I move to insert “ Flichigan: From Coopersville, via Mansfield Mills, Ravenna, Slocums Grove, Whitneys Mills, and Moreland, to Squiers Ferry.”
The PRESIDING OFFICER. That amendment will be made if there be no objection. The question is now on agreeing to the amendments reported from the ComPostOfficesund Post Roads to the amendments of the House. The amendments to the amendments were agreed to. The amendments of the HoRep, as amended, were concurred in. LAND TITLES IN SanFranCISEO.
Mr. HARRIS. I move that the Senate proceed to the consideration of Senate bill No. 93. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (S.No.93) to quiet the title to certain lands within the corporate limits of the cit of SanFranciseo. It proposes to relinquis and grant all the right an title of the U.S. to the land situated within the colorate limits of the city of SanFranciseo, in tie State of California, confirmed to the city of SanFranciseo by the decree of the circuit court of the U.S. for the northern district of California, entered on the 18th of May, 1865, to the city of SanFranciseo and its successors, and to confirm the claim of the city to the 10nd, !nhpeot, however, to the reservations and exceptions designated in that decree and upon the following trusts, namely, that all the land, not heretofore granted to the city shall be disposed of and conveyed by the city to parties in its bonafide actual possession, by themselves or tenants, on the passage of this bill. in such quantities and upon such terms and conditions as the Legislature of the State of Californin may prescribe, except such mrcels us may be reserved and set apart by ordinance of the city for public uses; butthe reliiiquisliment and grant by this bill is not to interfere with or prejudice any valid adverse right or claim. if such exist, to the land or any part of it, whether derived from Spain, Mexico, or the U.S., or preclude its judicial examination and adjustment.
Skip Skip The bill was reported to theSenate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ENROLLED BILL SIGNED.
Skip Skip A message from the HoRep, by Mr. McPunnsos. its Clerk, announced that the Speaker of the House had signed the enrolled JtResolution (S.R. No. 96) authorizing an increase of the clerical force in the Post Othee Dept; which thereupon received the signature of the President protem pore of the Senate. EXECUTIVE SESSION. On motion of Mr. GRIMES, the Senate proceeded to the consideration of executive business; and after some time spent therein, the doorswere reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, February 15, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borxros. The Journal of yesterday was read and approved. POSTAGE STAMPS and STABIPED ENVELOPES.
The SPEAKER stated the 1st business in order to be the consideration of House bill No. 299, relative to the sale of. ustage stamps and stamped envelopes on ere it, reported ester day from the ComPostofficc.
Mr. WASHBURNE, of Illinois. Has the morninlionr commenced? The SPEAKER. It has.
Skip Skip The bill was or dered to be printed yesterday, but has not yet reached the House. WAR DEBT OF THE SEVERAL STATES.
Mr. SPALDING, byunanimousconsent. presented JtResolutions of the State of Ohio, relative to the assumption by the General Government of the war debt of the several States; which were referred to the select committee on the war debt of the loyal States, and ordered to be printed. ll Mr. SPALDING asked that the resolutions be read in cztenso.
Mr. HARDING, of Illinois, objected, and called for the regularorder of business. postoffice APPROPRIATION BILL.
Mr. KASSON. Is it in order, Mr. Speaker, to introduce a bill from the ComAppropriat forthepurposeothavingitprinte?
The SPEAKER. It is in order at any time.
Mr. KASSON. Then Ireport the following bill from that committee: a bill making appropriations for the service of the postoffice Dept during the fiscal year ending the 30th of June, 1867, and for other purposes and I move that it be printed and mode the special order for this day week after the morning hour.
Mr. WASHRURNE, of Illinois. I desire to ask whether there is an thing in this bill in the shape of legislation? I there is, I shall have to raise a question of order.
Mr. KASSON. I will simply say, to avoid any question about it, that in the last section, in compliance with the request of the PostMGenl, he has the privilege of transmit ting the mails by sailing vessels Where it is necessary.
Mr. WASHBURNE, of Illinois. I will reserve the right to make the point of order when the bill is reached in ComWhole.
The SPEAKER. The hillwill be considered as read a 1st and 2nd time, and referred to the ComWhole, to come up this day week after the morning hour until disposed of.
Mr. GARFIELD. I wantto withdraw some papers before the ComClaims. Mr. HARDING, of Illinois. I insist upon the regular order. I have been trying for 2 weeks to get some resolutions in, an I want to get the opportunity as soon as possible. POSTAGE STAMPS and STADIPED ENVELOPES. The House proceeded to the consideration of House bill No. 299, relative to the sale of post age stamps and stamped envelopes on credit, on which Mr. ALLEY was entitle to the floor.
Mr. KASSON. I desire to make a motion to strike out all after the 1st section, and let the bill stand on the 1st section, simply as a matter of business management of the affairs of the dept in that respect.
Mr. ALLEY. I would like to know how the bill will stand then.
Mr. KASSON. Let the 1st section be reported.
The Clerk read the 1st section, as follows: rei! Enacted by the Senate and HoRep of the U.S.A. in Congress assembled. That the PostMGen be and heishoreby, authorized. whencverinhisopinion the public servioo shall require, until the 30th day of uiic. 1863. to deposit postagestamps and stamped envelopesWith such personsas he may select, for sale. The persons with whom stamps and stamped envelopes are so deposited shrill engage to sell and circulate thesamo. under the instructions of the PostMGenl and shall give bond in such sum as the PostMGenl may direct, with one or more snrotics, conditioned for the faithful keeping of the stain s and stamped envelo cs so intrusted to them, and orthe paymentto the 0stOfficeDept, in such manner as directed by the PostMGenl, of the moneys arising from the sale thereof.
Mr. KASSON. With the permission of the Gentfrom Massachusetts, [Mr. ALLEY] Will state that as far back as 1861, and subseguently, it was found desirable to increase the acilities for the purchase of stamps in all the large cities. It was and is still desirable to autionze depositories for the purpose of sale where they can be easily obtained in each ward, and perhaps in a dozen places in each word of a city. So far as this bill will accomplish that result without cost to the Dept cannot see that there can be any obyection to the adoption of that habit of business. But this remaining section which makes it in the nature of a public office and allows compensation for it is the one thatI object to. there are parties in every part of the country, traders and shopkeepers, who would gladly have their offices made places of deposit and saleof stamps and envelopes Without charge to the Dept, because of the flow o custom it would naturally brine in. That we know to be the fact, and for that reason I propose the amendm ent.
Mr. KASSON. Will the Gentfrom Massachusetts [Mr. ALLEY] a low me to correct one misapprehension which I think he has fallen into in regard to the effect of my amendment?
Mr. KASSON. The proposed amendment accomplishes all the objects in the South which the gentleman himself desires except the one to pay the depositaries a%age on their sales. The amendment applies equally to the North and the South, and enables the PostMGenl to make deposits of stamps and take security for them as he may consider necessary and proper. If there be any neighbor hood that has no public officer that will take that much trouble to accommodate the neighborhood, I do not think they on ht to havet is facility afforded them and the amendment accomplishes the whole object of the gentleman except so far as relates to the allowance of5%. to the depositaries upon the amount of their sales.
Mr. ALLEY. Idid not misapprehend the gentleman at all, nor the force of the amend.ment, and I say that, so faras his object is concerned, in my Opinion it is unnecessary, and is not required by the Dept, and I have never heard that any section in the North is not now suiIicicntl accommodated.
Mr. WASHBUI NE, of Illinois. Will the Gentfrom Massachusetts [Mr. ALLEY] tell the House why it is proposed to allow a commission of 5%. for selling these stamps? It would fie a better business than coming to congress.
Mr. ALLE. The bill provides that 5% shall be allowed upon these stamps; but the allowance is confined to the sales in those localities and by those individuals desig nated by the PostMGenl under this bill, and where stamps cannot be obtained in the fisual mode, and it is not intended to apply anywhere else.
Mr. STEVENS. I want to know exactly what thisbillmeans. Is it notintended togive to men in the South who cannot take the oath an opportunity of selling these stem 8, and giving them 5%. for selling, because they cannot find postinasters out there to do the business who can take the oath?
Mr. ALLEY. The whole object of the bill, as I have stated over and over again is to givo the people of the South those mai facilities which they do not have now, and which they cannot have now for the reason the gentleman suggests. There is no disguise about that. I have stated to the House, and I state to the country, that this bill is not intended to provide for anyone outside of the rebel States. Now, I say for one, radical as I am, opposed as I am to the South coming back into these Halls as they desire to do, opposed as I am to that course of policy, yet so far as this bill is concerned I am for it, and for the very reason that it gives these people additional facilities that they cannot have now, the whole people, the great mass of the people, and it does no body any harm. As I said before, I believe it is framed in the interest of the Government, in the interest of freedom, and in the interest of humanity, and no narrowminded considerations shall deter me from its support.
Mr. HOOPEH, of Massachusetts. Will my colleague inform me why the people of the South have not these mail privileges which this bill proposes to give them I
Mr. A LLEY. I have stated over and over again that the South have not these mail privileges because the PostMGenl is unable to find postmasters down there who can take the out of office, or will take the oath of office and accept these Offices. Now, it will be understood, and I want the House to mark the fact, that the law requires thut every postmaster shall live within the delivery district where the postoffice is established. Under that law it is impossible to send anybody down there from the North. The must be appointed from the districts in which they reside. Now, all over the South there were before the war little isolated postoffices in the country that pay little or nothing, and it is really a favor to the Government for the incumbents to take these little offices. These are the reasons, and the chief reasons. why men will not take the oath of office. In that region there are few who can take the oath of office, and in many cases no one can be found willing to take upon themselves the responsibilities of postmasters, because the pecuniary consideration is so small. That is one of the chief reasons why it is so difficult to obtain loyal postmasters.
Mr. KELLEY. I interrupt the gentleman most unwillingly, but I feel it in duty, in behalf of the loyal people of the South, to say to him thntI think he is most grievously misinformed; that there are loyal men in every district who would most gladly take any small office or emolument from this GOVernment if public sentiment around them would permit or the Government would protect them in the exercise of their functions.
Mr. KELLEY. Ay, they can read and write. I willmention one, whose letter communicating certain facts to the Government had, who was elected to Congress by the few loyal men in his district, and who rallied the 1st rement of loyal NCarolinians and foug t through the whole war. Night before last I had a visit from a soldier who ed from Texas into NewOrleans as soon as our fia could protect him there, and who fought under Butler and Banks, and carries an honorable scar, and who has written a very clever book.
Mr. ALLEY. I really cannot yield any further.
Mr. DAWES. I would like to make an inquiry of the Gentfrom Pennsylvania.
Mr. KELLET. I will answer any inquiry if the Gentfrom Massachusetts (hit. ALLEY will yield.
Mr. DAWES. I am also personally acquainted with the loyal NCarolinian to whom the Gentfrom Pennsylvania refers, and I agree with everything he says in respect to him; that he was chosen by the loyal men of his district to represent that district in this Congress; that he fought at the head of his regiment during the whole war; that he came I 1866. 4!? 855 011here to find some reco nition of the difference between him and the rebels in NCarolina at the hands of the loyal men of this Congress and the inquiry I wish to make of the Gentfrom Pennsylvania is, whether officially as a Representative in congress, he has made any distinction between imand rebels from NCarolina.
Mr. KELLEY. Yes, sir;, yes, sir; but Ir have not made that distinction which would require me to prostrate the constitution of my counor to rostitute my office.
Mr. law S. What is the official distinction he has made?
Mr. ALLEY. I must decline to yield further. I yielded for a question, and not for a general discussion. Now, a single word in reply to the Gentfrom Pennsylvania. I do not know how it may be in regard to the statement which he has made; I presume it is so in the caseto which he alludes; I am willing to take his word for it. I only know this, that as chairman of the postoffice Committeel have received innu merable letters from all parts of the South, from loyal men, judgin from the expressions of sentiment in their etters, imploring congress to take some action in this matter, to rantthem additional facilities. In 2 or 3 instances I have received letters from the South, from men whom I have known in former ears, who are as radical and as strongly Union as the Gentfrom Pennsylvania himself, and they implored Congress to o something toward grantin them additional mail facilities. Now, Mr. Speaker, it was desiredby the House last evening that this bill should be printed that they might have it before them. to reflect upon it, and look into it, and as it has but just come from the printer, and no opportunity has been given for its examination if it is the wish of the House I am willing that it shall be post poned to a future da.
Mr. WASHBURNE, of Illinois. I suggest to the Gentfrom Massachusetts that he refer the bill to the ComWhole on the state of the Union, where we can discuss and amend it section by section.
Mr. KASSON. I hope, before the gentleman calls the previous question, he will allow an amendment to come in. I think we can vote on it now. It consists of only one section.
Mr. KELLEY. I hope the Gentfrom Massachusetts will let the bill go over for debate in some form. I want to vindicate the really loyal men of the South against the aspersions which he has cast upon them for the want of properinformation. know he would not do them wrong for the world.?
Mr. DAWES. I hope my colleague will give the Gentfrom Pennsylvania that opportunity.
Mr. KUYKENDALL. I think we may as well decide the matter now as at any other time.
Mr. ALLEY. I move that the further consideration of the bill be postponed until this day fortnight.
Mr. WASHBURNE, of Illinois. I move to refer the bill to the ComWhole on the state of the Union.
The SPEAKER. The motion to stpone takes precedence of the motion to relief.
Mr. ALLEY. I demand the previous question on my motion.
Mr. WASHBURNE, of Illinois. If that motion shall be voted down, will not a motion to refer the bill to the ComWhole on the state of the Union be in order?
The SPEAKER. It will be. The previous question exhausts itself on the motion to post ne. po Mr. LAWRENCE, of Ohio. I move to lay the bill upon the table., Mr. FI OK. I call for the yeas&nays on that motion. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negativeyeas 80, nays 108, not voting 44; So the House refused to lay the bill upon the table. The question then recurred on 2nding the demand for the previous question on the motion to postpone the bill till Thursday, March I, after the morning hour. The previous question was 2nded, and the main question ordered; and under the operation thereof the motion was agreed to. Mr. WILSON. of Iowa, mtRtv the motion to postpone was agreed to; on the table. Agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORXEY, its Secretary, informed the House that the senate had passed bills of the following titles, in which the concurrence of the House was requested: A bill (S.No.98) entitled “ An act to incor porate the Metropolitan Fire and Marine Insur ane e Company of the DistCol;” A bill (S.No.115) entitled “An act for the relief of Jane W. Nethaway;” and A bill (S.No.85) entitled “An act granting to the State of Wisconsin a donation of public lands to aid in the construction of abreakwater and harbor and shipeanal at the head of Stur geon bay, in the county of Door. in said State, to connect the waters of Green bay with Lake Michigan, in said State.” AMENDMENT OF POSTAL LAWS.
Mr. ALLEY reported. from the ComPostOffice, a bill to amend the postal laws 5, which was read a 1st and 2nd time. The question being on ordering the bill to be engrossed and read a 3rd time, "he Clerk commenced to read the bill in cztenso, but was interruted by Mr. WILSON, of owa, who said: Mr. Speaker, I desire to inquire whether this bill has been printed.
Mr. WILSON, of Iowa. Isu gest to the Gentfrom Massachusetts [Mr. ALLEY] that he had better allow the bill to bepostpone until it can be printed.
Mr. ALLEY. Well, Mr. Speaker, I will move that the bill be printed, and that it be gpstppned, like the other bill, until Thursday, are l.
The SPEAKER. I suppose the gentleman understands that if the bill be postponed until that day it may not be reached then, nor until some time after. a
Mr. ALLEY. Then let it be made a special order.
The SPEAKER. Unanimous consent is neeesSary to make it a special order. There I. j: are now 2 special orders after the morning hourthe bankrupt bill and the loan bill.
Mr. WASHBURNE, of Illinois. I object to this bill being made a special order.
Mr. ALLEY. If the House will agree to fix some other time for the consideration of the bill, I am perfectly willing; but if gentlemen desire tofush the bill aside, with no definite time fixe for its consideration, I cannot, of course consent.
Mr. LeBloND. I see that the bill proposes several very important changes in the postal laws; and I suggest to the chairman of the committee [Mr. ALLEY] that the bill be ordered to be printed, and then be recommitted, sothat it can again be brou in before the House when ever reports from this committee shall be in order.
Mr. ALLEY. The bill does propose several important changes in the law; but it is a bill which I think Will encounter no opposition. I am perfectly willing to have it printed; indeed Idesire that it shall be printed and that the House shall act understandingly upon it. lam willing to give all the opportunity for examination and discussion that anybody can desire; but I am not willing that the bill shall be pushed aside in such a way that it cannot be brought up again.
Mr. DAWES. I suggest to my colleague that he allow the bill to be recommitted, and then enter a motion to reconsider, which he can call up hereafter.
Mr. ALLEY. I cannot believe that there will be any opposition to the bill.
Mr. SCHENCK. Mr. Speaker, it is utterly impossible for members of t iis House to understand the provisions of a bill like this, consisting of many sections. unless it be before us in print; and I give notice to the gentleman that though I may stand alone, I will vote against every bill of a complicated character which is brought in in this way, and attempted to be forced through without a propero iortunity for examination by members of the Iflouse. I do not understan that the chairman of the comPostOffice desires to force this bill through in that manner. Certainly he will allow the House some o pertunity to know what we are legislziting u out; otherwise our measures cease to be the legislation of the House, and become the legislation of the committee alone.
Mr. SCHENCK. That is all we ask. It has been suggested by my colleague over the way that the gentleman more the bill be printed and recommitted. He can have an opportunity of reporting it at any future time. when the House will have the bill before it, and an opportunity of knowing what are its provisions and voting understandingly on it. I ope he will take some such course as that, and not force us to vote upon a bill of such a complicated character before we know what it is.
Mr. ALLEY. I agree entirely with the suggestion of the Gentfrom bio. I thin he is perfectly right; and I am the last man who would compe the House to vote on a bill of this character without proper consideration. I move that the bill be recommitted and ordered to be printed. The motion was agreed to.
Mr. ALLEY. I ask now to have entered a motion to reconsider.
The SPEAKER. It will be entered upon the Journal. MISCELLANEOUS APYROPRIATION BILL.
Mr. STEVENS. I move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union, to take up for consideration House bill No. 86, making additional appropriations and to supply deficiencies in the appropriations for sundry civil excases of the Government for the fiscal year ening the 30th of June, 1866, and for other purposes. It is an important bill, and the appropriations are much needed. The motion was agreed to. the House accordingly resolved itself into the ComWhole on the state of the unn, (Mr. lonnnov in the chair.)
The CHAIRMAN stated the 1st reading of the bill forinformation would be dispensed wrth, if there were no objection.
Mr. BROOKS. I object until we can know what the bill is.” ilThe Clerk proceeded with the reading of the
Mr. BROOKS. I withdraw my objection to the 1st reading of the bill for information.
The CHAIRMAN. The bill will now be read by clauses, for amendment.
The Clerk read, as follows: Survey of the coast: For thesurveyof the Atlantie and Gult coasts of the U.S. including compeusation of clvilians engagedin the work, and excludin pay and emoluments of offiversof the Army an I i av and livers and men of the Navy employ 1.
Mr. BROOKS. I observe this bill is for additional appropriations, or what, in other words, is called a deficiency bill. I rise to say that, in my o iniou, under the present heavy taxation of the people, our appropriations for the coast Survey ought to be as fewas possible, consistent with the interests of commerce. I should like to hear from the chairman of the committee whether it is not consistent with the public interest to make further reductions than is here made.
Mr. STEVENS. The committemwill find this was an appropriation for 1866. We made no appropriation last year. This bill failed betweent e 2 Houses, and the Dept has been carried on on the faith of this having passed both Houses and having only failed in consequence of an amendment. we all understand, moved by the Gentfrom Maryland, (Mr. Davis.) It is the same we passed lastycar and which failed, and is no new appropriation. fa
Mr. BROOKS. The explanation is satis ctory.
The Clerk read, as follows: For continuing the survey of the roofs, shoals, and k cys of South Florida, including compensation of civilians engagedin the work and excluding pay and emolumentsof the officers of the army and Navy and petty otherrsandmenof the Navy employed in the work, 811.
Mr. STEVENS. Although we do not need a navyyard there, ct our ships sail along that coast, and it is a dangerous coast, and of all others needs surveying.
Mr. WASHBURNE, of Illinois. If NewYork does not need this let us know it.
Mr. STEVENS. I make the point of order that the committee had passed away from the paragraph and the amendment is not in order.
The CHAIRMAN. The Chair sustains the point of order, and rules the amendment out.
The Clerk read, as follows: For mates and scamens wages. repairs. supplies, and incidental expensesof 43 lightvessels, 8130. 91775.
Mr. DARLING. I move to strike out the last 3 words “ 75 cents.” Mr. Chairman, I would like to know from the Gentfrom Pennsylvania whether this provides for lighthouse keepers in the southern States; and if so, whether they are required to take the oath of allegiance before they are in ducted into office.
Mr. STEVENS. This bill was provided before the war ended. It is not based upon any appropriation for the southern States exceptin a few instances.
The Clerk read as follows: For rebuildimz outerrange light at Cedar Point, Bandmky hay. Ohio. $10.000.
Mr. SPALDING. I move to strike out "ten" and insert “ 20.” Since this bill was reported, the principal engineer of the LichtHouse Bureau has come to me and satisfied me we have made a mistake in reference to the estimate; that the estimate was for $20,000 instead of $10,000; and that the former sum is imperatively neces Bary.
Mr. STEVENS. I have not been able to blur the gentleman. otty of in the wprk,
Mr. SPALDING. I call the attention of the chairman of the committee to the fact that since this bill was reported, the engineer of the LightHouse Bureau has come to me and stated that there is a mistake in the estimate that the original estimate was $20,000 instead of $10,000; and that the board wish it restored to $20,000, because their estimate shows that. the lighthouse cannot be built for less than that sum.
Mr. STEVENS. Will my colleague on the committee turn to the estimate 2
Mr. SPALDING. I cannot do it. I only rely on the statement of the engineer, Mr. Poe, that he was specially directed by Admiral Shu brick to have this correction made.
Mr. STEVENS. I have no doubt that what the gentleman states is correct, but I do not know where to find the justification of an increase on the record.
Mr. SPALDING. The mistake may have been in the manuscript that was sent to the printer. He says it was made $220,000and not $10,000.
Mr. STEVENS. I leave it to the House. I only say that the committee would not feel justified in agreeing to that, because we have no record which requires more than $10,000.
Mr. DAVIS. I beg leave to suggest to the Gentfrom Ohio to amend so that the appropriation shall be $20,000, or so much thereof as shall be necessary.
Mr. SPALDING. I accept that modification. I do not wantany more than is necessary.
Skip Skip The question being taken on the amendm ent, it was agreed to.
Mr. SLOAN. I move to strike out lines 180 and 180 one, as follows: For completion of the Dubuque, Iowa, customhouse. $16,000. I would inquire of the chairman of the committee ifthere is any necessity for building such houses?
Mr. KASSON. The customhouse is just about completed, so far that it is now occupied not merely for a customhouse, but for a postoffice and courtroom and this was the estimate made last year and accepted by both branches of Congress for the purpose of completing the roofand details of the building. to make it comfortable for all the branches of the Government.
Mr. STEVENS. I am bound to say that since this estimate was made last year the Secretary has written as a letter, in which he asks that we appropriate at least 85,000 more for the purpose of comlcting all that work. I move, therefore, to may o it $20,000instead of$15,000.
Mr. SLOAN. I believe I am entitled to the floor.
Mr. SLOAN. It seems to be conceded that there is no need whatever for a customhouse there. There are no foreign goods entered there, I believe; and if that is so, this appropriation for a customhouse evidently should be stricken out of the bill. If it is proper to make an appropriation for completing the postoffice in the city of Dubuque, that proposition ought to be presented to the house and voted upon. If it is the policy of the Government to erect 10st office liuildings at places of the size of nbuque, there are many other towns equal to Dubuque, some in my own State, that would like appropriations for the same purpose.
Mr. STEVENS. This building is very nearly completed. It has been in proress some time, and it embraces both customhouse and postoffice.
Mr. SLOAN. In answerto the chairman of the committee Iwill say that ifthere is noneed whatever of a customhouse at Dubuque aclause should be reported authorizing the Government to sell the building and utting the money into the Treasury, instead o making further appropriations for the completion of abuildin which it is conceded that the Government as no earthly use for, at least for the purpose for which this appropriation Is to be made and I take If there is any objection 4 it to be very doubhful policy for the Government to complete these buildings for the purpose of postoffices. It is establishing aprinciple which will become very expensive, i carv ried out, and we build ost Officesin every town in the country of the size of Dubu ne.
Mr. WASHBURNE, of Illinois. If this were a new proposition to build a customhouse, I should be decidedly opposed to it, as I believe the ComCommerce of the House has reported against all of these propositions. Butt is isa building which hasa ready been erected. not only for a customhouse, 01 which there is not much need, but also for 8 postoffice and a U.S. court, as I understand. 15,000 dollars were asked for at the last session of Congress to complete this building. I suppose that that will be a sufficient sum, and lptrust it will be found sufficient. I merely rose to move as an amendment to add after the words “customhousc” the words “post office and U.S. court room. ”
Mr. ALLISON. In answer to the Gentfrom Wisconsin, [Mr. Sl. o. ] I will say that thishuilding is almost completed as a postoffice and saves the Government an annual rent of at least 1500 dollars for that purpose. lhe U.S. court for the north ern district of Iowa is held at Dubu no, and the courtroom is in this building. T ic Office of the clerk of the district court is also in this building, and there is room for the office of the surveyor general. There will thus be a saving to the Government of a large amount of money annually in the way of rents; and this appropriation is certainly necessary now to complete the building, which has cost the Government at least 150,000 dollars in former years. I think it would be very unwise polic to undertake to sell the building. as propose by the Gentfrom Wisconsin. If that policy is undertaken, we might extend it to other cities, a little larger perhaps than Dubuque, yet having no more use for this class of public buildings.
Skip Skip The question was taken on the amendment proposed by Mr. Wssnnunss, of Illinois, and it was agreed to. The question was then taken on
Mr. SLOANS motion to strike out the entire clause; and it was disagreed to.
Mr. ASHBURNE, of Illinois. Imove to strike out the following clause: For paymentofclnims due for the constructing and furnising the Baltimore courthouse. $109. o(X). I desire some information in regard to this item. It is a very large sum, and 1 should like to know what part of the appropriation is for constructing the Baltimore courthouse, and what proportion is for furnishing it. I have understood that the furniture placed in that courthouse has been of a most extravagant character, and cost a very large sum. I hope we shall have some information on the subject.
Mr. STEVENS. I think the estimates do not separate the items, and therefore I am entirely unable to give the information the gentleman seeks. They are clubbed together in the estimates.
Mr. WASHBURNE, of Illinois. I think the committee ought to have some information in regard to what the contract price was for the building and furnishing of this courthouse. how it was built and how this demand comes here. I do not understand it at all. We are asked to appropriate $109,000 on very meager information.
Mr. STEVENS. Thisis the amountthnt was due at the timethis appropriation was called for during the last Congress. This sum was act I withdraw my amend nally due under contracts made before that time.
Mr. WASHBURNE, of Illinois. I think my friendfrom Pennsylvania is mistaken in iegard to this bill, because there are certainly some items in this bill that were not in the bill of the last Congress.
Mr. STEVENS. This appropriation is for an amount that was due year. This is one of the items of the old bi. It is to carry out contracts made under a former law.
Mr. WASHBUltNE, of Illinois. I think we had better strike it outand let it go to the senate. We may be able to get more information on the subject there. I will withdraw my amendment, however, and merely say one word in regard to the furnishing of this courthouse. I was told at the Inte prior Dept that they went on, withoutany authority of law whatever, and furnished the courthouse in a most extravagant manner, and the Interior Dept refused to pay for it; and now they come here and ask for this very In sumof money. fit. J. L. THOMAS. I do not know anything about the particular items in this appropriation. I know, however, one thing. that most of those articles that were furnished for the construction of the new courthouse in Bal timore were furnished by men in NewYork and in the eastern States. I do not think any citizens of Baltimore have any interest in this apprloicpricaotniotnra. ctor for building the courthouse was a man, I think, from Brooklyn, in the State of NewYorka man who I understand has built courthouses elsewhere, and whois a man of great integrity and honesty. I agree with the Gentfrom Illinois [Mr. wASHBURNE] that there was perhaps a great deal of useless expense in relation to the inside work of that courtroom; but. the courthouse was accepted by the Interior Dept as constructed by the man with whom the contract was made by the Government. At. least that is my understanding of it.
Mr. wASHBURNE, of Illinois. What was the expense of the furniture for furnishing that Baltimore courthouse?
Mr. J. L. THOMAS. I do not know. I have stated that I did not know anything about any of the items which go to make up this appropriation; and I did not know until I was Just now called upon that this appropriation was in the deficiency bill. I do not mow what are the items that go to make up this appropriation. nor who were the contractors. suppose that the chairman of the ComAppropriat [Mr. Srnvsss] can inform the House what are the items that go to make up this gross amount.
The CHAIRMAN. The Gentfrom Illinois [Mr. wASHBURNE] proposes to withdraw his amendment. Objection was made.
Mr. WASHBURNE, of Illinois. Then I must ask a new count.
The CHAIRMAN. As there has been some debate since the last count was taken, the Chair will regard the question upon striking out the appropriation for the Baltimore court case as one just offered and open to debate.
Mr. STEVENS. I desiretosa that I think the Gentfrom Illinois [Mr. Vnsnnunun] is mistaken in regard to the Dept of the Interior. That Dept has recommended, as will be found on page 6 of the estimates, this very appropriation, and ask it to be made in order to enable them to pay a debt contracted.
Mr. HARDING, of Illinois. Did the Dept expend this money without the authority of law and without any appropriation I
Mr. STEVENS. No, sir; authority was given, and a contract was made under that authority; and this is the amount due under that contract.
Mr. HARDING, of Illinois and no appropriation has been made to pay the contract?
Mr. STEVENS. No appropriation has been made to finish it.
Mr. HARDING, of Illinois. Does the Dept have discretionary power to make such a courthouse as they lease?
Mr. STEVENS. The Dept report as that the contract was made and executed; and this is the amount due on that contract.
Mr. HARDING, of Illinois. How was the Dept authorized to make the contract?
Mr. HILL. I desire to ascertain from the chairman of the ComAppropriat [Mr. Stevens] whether this courthouse was built and the furniture supplied under a contract? I did not distinctly understand whether the contract to which he referred embraced both the building and the furniture, or whether the building was erected under a contract, and the furniture supplied without a contract.
Mr. STEVENS. We have no information except what we get from the Dept. The Dept informs us that this amount is due from the Government to the contractors, and we have reported it accordingly. Whether the appropriation shall be, made or not is for the House to determine.
Mr. IVASHBURNE, of Illinois. I am not mistaken as to what the Asst SecyInterior told me in regard to this very appropriation; that they went on without any authority of law whatever and bought this furniture, and the deartrnent refused to pay for it; they had no fun out of which to pay for it. What I protest against here, and always Vrotestngainst, is the contracting of debts bra Dept or by anyone in the name of the government without any authority of law. It is very true that the Interior Dept has recOmmended us to pay this; but it is in our discretion whether we will sanction this sort of thing. I am opposed to it.
Mr. HILL. I am decidedly in favor of carrying out strictly and religiously all the contracts of the Government. But if any part of this expenditure has not been incurred pursuant to a contract entered into by the Government, I think that it is but right that the House should know what are the circumstances under which the indebtedness has arisen, before appropriating this large amount of money or that reason I think the amendment isaproperone.
Mr. J. L. THOMAS. I will state for the information of this House, that this courthouse has not only been built and all this furniture placed in it, but for some months past it has been used by the U.S. Government for the U.S. district and circuit courts. The lower floor is furnished for the use of the U.S. marshals and the U.S. district attorneys, together with all the other offices of the U.S., with the exception of the postoffice and the customhouse, in that distric. Now, it apears to me, that inasmuch as the SecyInterior has accepted this courthouse With all the furniture and apurtenance s therein, accordin to the contract, it is nothing more than rightt at the contractor should be paid. The citizens of Baltimore are not particularly interestedin this, for we have our courthouse built and all the furniture in it. The only question now is about paying for it.
Mr. HILL. Iunderstand from the gentleman that lie regards it as a correct principle that the SecyInterior may, by the acceptance of any work or material, bind congress to pay for it. I desire to know whether am correct in my understanding.
Mr. J. L. THOMAS. No, sir; the gentleman has not understood me correctly. What I mean to say is this: that where the SecyInterior, or any other officer of the Government as high in position as he is, accepts a contract, the presumption here is that every thing done by him has been done in strict accordance with law. I do not go behind the acts of the SecyInterior or any other officer of this Government occupyin as high an official position as he does. If the SecyInterior accepted that courthouse, as the chairman of the committee states, it is presumable that he did not accept it contrary to the provisions of existing law, or contrary to the contract which was entered into at the time that the courthouse was built. Now, somebody must be paid for the work which has been done. The courthouse has been built; and, according to my information, as I have stated, not only was it built by men from the North, but the turniture was provided by them. I maintain that these men ought to be paid.
Mr. HILL. I think that I was correct in in understanding of the gentlemans views. At. a 1 events, I differ from him in this: I den that an otheer of this Government, whether high or low, can appropriate funds from the Treasury without authority of law.I approve of the timehonored)HnCIple that appropriations of money should e made by Ceiigiess, the legislative Dept of the Government, not by the executive or any other Dept. Hence; I insist that the fact that the SecyInterior or any pther officer has accepted certain materials or certain work, does not impose upon Congress any sort. of obligation to pay one dollar of the expense incurred, “unless it has been incurred in pursuance oflaw.
Mr. STEVENS. Iiet me ask the Gentfrom Indiana [Mr. HILL] a question. Suppose that some person should furnish him a horse, for which e did not contract, but which he acceted and used and kept, would he not considerhimself bound to pay for it?
Mr. HILL. If I accepted it and used Iit should doubtless consider myself bound as an individual to pay for it. But the point which I make is that teSecyNterior has no authority to bind Congress by contracting without the authority of Congress, if that is the case, for any material or work or anything of the kind.
Mr. KASSON. I simply wish to state what I understand to be the position of this case. The construction of this courthouse was authorized by law. Appropriations were made in, the usual wa for its construction and for furnishing it. hose appropriations have proved in sufficient. The work is done; the proprt is being used and worn out, so far as it is “ sonal property, by the Government. The SecyInterior, the only responsible part whom we know, has adjusted those claims, with the aid of the proper accounting otheer, and he reports them now to Congressas amounting to this sum. The only ground of the opposition to the “pres ent appropriation is that the Gentfrom Illinois says that a subordinate officer of the Dept, in personal conversation with him, has stated that the property (referring, as I understand, only to the furniture) was contracted for without the prior direction of the SecyInterior. We have no letter; we have no report; we have simply the statement of one of our colleagues resting upon the statement, not in writing, o another man, and he a subordinate in the Dept; and we are asked to accept this, in Opposition to the express declaration of the head of the Dept that the U.S. owes this much money for property which it is now usin. If this committee should permit the unautfienticated statementsof course I intend no impeachment of the verbal statements of unyhody; mean officially unauthenticated statements, to override officially authenticated statements, it would be of course a rather bad precedent to adopt.
Mr. WASHBURNE, of Illinois. I desire to ask the Gentfrom Iowa [Mr. KASSON] what officially authenticated statement he has from the SecyInterior in regard to this matter, exec t a statement of the gross amount which is diie. I undertake to say that if the consideration of this bill be postponed until tomorrow, I will produce the evidence to support every statement that I have made, and to show that this appropriation is without authority of law.
Mr. KASSON. I wantto vindicate in statement. The authority is the same upon which we make u all the bills which are madi: up by order of the case in the committee, the official au thenticated reports of the proper Depts concentrated at the Treasury Dept, an reported in conformity to law to this Dept, and perfectly responsible in CVO? particular. Among them is found an item or the payment of claims for furnishing and for the construction of the Baltimore postoffice building. It is thus authenticated to the committee; the amount given showing its adiustment, ; and is recommended officially and regularly to us. Personally I do not care what the committee does with it. I should be glad, however, if the House would act upon a rule which could be relied u on.
Mr. HILL. I desire to answer the Gentfrom Pennsylvania, [Mr. Stevens] which I did not have an opportunity to do before. I understood the gentleinan to ask me whether, if a horse should be put in my possession, and I should appropriate it to my own use. I would refuse to pay for it. Do I understand him correctly?
Mr. HILL. While I very cheerfully answer that I should not refuse to pay for it, I desire to know whether he regards this as an analo ous case.
Mr. HILL. I understand him to say, then, that the SecyInterior has power, without authority of law, or pursuant to contract, by accepting and making use of property to bind Congress to pay for it. In this proposition, sir, I do not concur. I think there is no analogy between the case supposed in the gentleman s question and the case under consideration. In the case supposed, I would act as an individual, and upon my own responsi bility, and would be liable as an individual. But the power of disbursing, as well as raising, revenue belongs to Congress, and I do not understand that the SecyInterior has been constituted its agent, even. Hence no act of his in taking possession of property can bind Congress to pay for it, and the analogy ciline the xist.
Mr. STEVENS. The U.S. authorities are now using the building.
Mr. HILL. Has the SecyInte prior the authority to bind Congress in this way? such has not been my opinion, and therefore I have o used this appropriation.
Mr. ALE. I beg leave to inquire whether, if the SecyInterior has this authority to bind Congress how many other Officers of the Government have the same authority? Let us know how many agents of the Government have the right to bind Congress to pay whatever debts they may choose to incur.
Mr. STEVENS. There was a law authorizing the construction of this buildinv, and partial appropriations have been may e and expended. he contract is executed and this is for a deficiency.
Mr. HALE. Will the gentleman allow me to ask him whether the law authorizing the contract also authorized the payment of more money than was appropriate I
Mr. STEVENS. esometimes appropriate for the commencement of a work, some times for its continuation, and sometimes for its completion. Both branches of Congress made this appropriation at the last session, and it only failed on account of a diflbrence on another subject.
Mr. J. L. THOMAS. I will state another fact. This contract was made before the war, and hence was made upon a gold basis; but in spite of the war, and in spite of the depreciation of our currency, the contractor went to work and fulfilled his contract. He has completed the building and furnished it, and the Government of the U.S. had possession of it 6 months a o. At the beginning of the war there was hard y anything done except that the foundation was built.
Mr. WASHBURNE, of Illinois. What is I the name of the contractor?
Mr. J. L. THOMAS. the gentleman will find on inquiry at the Dept of the Inte prior that tename of the contractor was
Mr. Osborne, from Brooklyn, or Rochester, NewYork, I do not know which. The date of the contract I do not remember, but. it was some time in 1858 or 1859, perhaps 1860. It was just before the breaking out of the war. I now the law was passed during the time J. Morrison Harris was a member of Congress from the city of Baltimore. The contract was entered into under the administration of Mr. Buchanan. The amendment was rejected.
Mr. DRIGGS. I move to strike out the following: For continuaion of the north wing of the Traasury extension. 230.
The CHAIRMAN. The amendment is not in order, as the paragraph has been passed. Each paragraph stands as a section for the purpose of amendment, and it is not in order to go back to a paragraph which has been passed.
The Clerk read, as follows: For payment of claims due for the repair of Government warehousesand onstruction of wharves, Staten Island. NewYorkt o,000
Mr. WASHBURNE, of Illinois. I should like to have some information in regard to this item, as it is one of many I do not understand. I think this is extremely exceptionable. What is this indebtedness contracted for? I know persons representing the city of NewYork are here clamoring for new quarantine grounds.
Mr. DARLING. I think there was no provision made for the erection of a building for the storage of goods from infected vessels, and this is for that purpose.
Mr. WASHBUltNE, of Illinois. If the gentleman will permit me, his h othesis is contradicted by tevery language of the paragraph itself: For payment of claimsduofor therepair of Governmentwarehouses and constructionofwhsrves. Staten Island, NewYork, $29,000. What I protest against is our voting away these large sums of money without any tull exlanation of them. Now, I would like to know by what authority these repairs were made, and what they were before I am called upon to vote for this appropriation. It seems they do sire to give up all these works, and if so, before we appropriate this money I want toknow what it is tor.
Mr. DARLING. I suppose the ComAppropriat have investigated this matter, as it is a part of their duty to investigate all such matters before they come into the House with a report asking for appropriations. If they have not done their duty, then we are not prepared to vote upon their recommendations. But concluding that the have done their duty, I am prepared to vote or any a pro, v riation asked for by the committee uness I have some personal knowledge that it would be wrong so to vote.
Mr. BERGEN. I think I can enlighten the Gentfrom Illinois [Mr. Wasununxn] in relation to these repairs at Staten Island. I have noticed a large number of shops built there for the purpose of storing cotton which the Government have captured and stored there. It is necessary to protect it from the weather and preserve it, and that I presume explains the repairs of the buildings. A fire occurred there some 2 or 3 years ago and it may have become necessary to expeu something onthe wharves so as to enable them to land cotton and store it.
Mr. RADFORD. I rise to ask the chairman of the committee to give the reasons why this appropriation is aske. I think he can satisfy the House upon the subject. I would like the gentleman to state upon what the committee base their action.
Mr. STEVENS. It is impossible for me to hear what the gentleman inquires about, but I take it for granted it is in regard to the reason for this appropriation. 1f the Gentfrom NewYork on my right, [Mr. ARLING] had not so quickly interposed and delivered a short lecture in regard to the ComAppropriatI should have answered the inquiry efore. I did rise to answer it, but inasmuch as the 2 gentlemen from NewYork Mr. Dinniivo an Mr. TABEB] have explaine the matter so satisfactorily, I hardly thought it worth while to say a word. I will, however, as the Gentfrom NewYork seems to suppose thata compliment to the committee was necessary, say a word. The Government own warehouses at the place spoken of, an they own a wharf which was necessary for th r use. It became necessary to repair them. Last year the Government asked an appropriation as a deficiency to make up for these repairs of warehousesal ready built and in use, and which were necessary for the Government use. The ComAppropriat last year, of which I was chairman, agreed without any ditheulty that these buildings, having been repaired and the money being due, it ought to be paid. We have now repeated what has been passed, as I said before, by both Houses of Congress. The money not having been paid, and having remained a car longer unpaid than it would but for the nu ortunate failure of that bill, which we all of us recollect, we now insert the appropriation in this bill. As a matter of course it is indifferent to the committee whether it is stricken out or not, except as we are bound to ask to have it paid, the Government being in debted for the repairs.
Skip Skip The question being taken on the amendment to strike out the item, it was not agreed to.
Mr. WASHBURNE, of Illinois. I move to strike out lines 201, and 202, as follows: For error in compensation of one messenger, at $1,000 and 2 asstsat $840each, 40 dollars.
Skip Skip The question being taken on striking out this item, it was not agreed to.
The Clerk read the following clause: For refnrnishinl and repairing Presidents House, Mr. WASHBURNE, of Illinois. I would inquire if we have not already passed a separate bill appropriating 30 or 40,000 dollars or this very purpose.
Mr. UPSON. I would inquire of the gentleman if there was no public officer whose duty it was to see that this property was protected?
Mr. STEVENS. here was a steward appointed by the late President, but it turned out that he was not a responsible person. He was appointed by Mr. Lincoln himself, and it was his duty to take care of the property. The ComAppropriat, under these circumstances, have prepared a bill making the steward responsible to the Government, and requiring him to give such security as will prevent anything of this nd in the future.
Mr. NIBLACK. Iwou inquire if the missing spoons are the same that Mr. Ogle talked about a few years ago? [Laughter]
Mr. STEVENS. Yes, they are the same spoons. They are the gold spoons that were purchased, I think, by Mr. Van Buren, at great expense, and I may say that out of a large number of spoons, forks, and knives, which were very valuable, but one or 2 would be left out of 2 dozen; and all that has been done has been to furnish samples to the persons in NewYork who furnish these things, and they are being replaced, not to the extent that Mr. Van Buren had, but as nearly as the present humble and economical President deems necessary. I can say to the committee that nothing more is asked by the President and his fami y than is absolute necessary to make the house decent.
Mr. STEVENS. They left a sample or 2, because they did not want to make them get an entirely different set. I have understood that some of these things arewell, it is no matter where they are. No amendment being offered, The Clerk proceeded with the readin of the bill, until the following clause was rea: puFbolire asntanbulaels. rewpaatiersropfipethse. peaavpeitmole. nwtsa. taenrdeloostehtesr, walks within the Capitol square. broken lass and locks, and for the protection of the building and kccping the main approachesto it unincumbered. in addition to old material sold, $8,000.
Mr. SCHENCK. I move to amend by inserting after the clause just read the following: For removinq the iinsightl double railing or fence erectedacrosst ieold Hall of the HoRep in the Capitol, 81(1).
Mr. STEVENS. I hope the gentleman will modify his amendment so as to include “the monsters.” [lauighter]
Mr. SCHENCK. I have been watching this bill carefully for some time, as it was read, in order to find an Opportunity to offer this amendment. By a very general concurrence of sentiment in the last Congress an appropriation was made for the removal of that popular and strange structure across the old Hall of the HoRep. But in consequence of the failure of the miscellaneous appropriation bill of last session, or from some other cause, the appropriation failed. I propose to renew the proposition at this time, an in this Congress. this not necessary that I should describe that which members here see every day. The architect of this Capitol, whose acquaintance I have not the honor of enjoying. may be a man of exceedingly good taste, at if that be an indication of his capability and quality in that respect, then I have very much mistaken what constitutes good taste. There is a railing across that Hall, which, by previous legislation, had been appropriated as a gallery of statuary, a railing so clumsy, so rough, so high, that it seems in every sense to defeat the very object for which the old Hall, with all its former agree able and sacred associations, was set apart.
Mr. STEVENS. Does the gentleman complain of the height of that railing?
Mr. SCHENCK. I do co lain of the height. A man of ordinary stature like myself may be able to reach up and put his nose, or even his chin, on the top of the railing. My friendfrom Pennsylvania [Mr. STEVENS] may be able to do better than that; but he is taller than some of his peers. His colleague near me, [Mr. ONsini.] I think would have to look through the bars. The Gentfrom Illinois, representing the Chicago district, [Mr. Wsxrwoarn]. no doubt can look entirely over it, and stand there and look with admiring sympathy upon the female for ui, his comuser in size at least, [Laughter] which is standing upon a pedestal there.
Mr. STEVENS. Is not that high railing necessary to keep that female from breaking out? lioud Laughter]
Mr. ClIENCK. My friendfrom Pennsylvania [Mr. STEVENS] has suggested that I mod ify my amendment so as to require the removal of the monster erected there, which, I suppose, is that female figure. I will leave him to move that amendment. But I will say that that, too, is an instance of no very great good taste upon the part of the architect, or the ComrPubBldg, who had that prototy e of the colossal statue upon the top of the ome put there for public admiration, as passers come and go through that Hall.
Mr. VSPAliDING. Will the gentleman accept a modification ofhis amendment, so as to include “ and other nuisances in that Hall?” There are quite a number of them there besides that fence.
Mr. SCHENCK. I have no objection to that being ordered. But for the present I wish to make a remark about “ the monster, ” as it is termed. I do not propose to criticise anything about it except the absence of the cap of liberty on the head of that figure. I suppose gentlemen know very well that it was for the purpose of yielding to the prejudices of a certain cffersou Davis that that was taken 05"and the helmet or crown put upon her head. But that statue, whatever it may have on its head, is certainly out of place there. I had supposed that every principle of art required that a colossal statue should be elevated a sufficient distance to make it have some appearance of natural size. But. this strange creature is brought down to within the near vision of every passerby, thus converting the statue of George Vashington, on the other side of the Hall, into a mere fom Thumb in comparisen.
Mr. RICE, of Maine. N ill the Gentfrom Ohio [Mr. SCHEXCK] yield to me that I may make a statement in vindication of certain parties?
Mr. RICE, of Maine. I aim ly wish to say, in vindication of the present are itect in charge of the Capitol. that he is not the gentleman who ordered that huge fence to be put up. I think we all concur in the opinion that that fence should be removed; an I will say, for the information of the Gentfrom Ohio and the House, that the present architect is now prearing to take that fence away and put another in its place. This amendment consequently will be of no advantage, because the matter Will be attended to without it. The architect concurs with the gentlemen of this House in the opinion that a fence of that character in such apace is a flagrant outrage upon good taste and propriety. No a prqpriation is necessary for the removal of t atence, because the expense will come out of the fund for the Ca itol extension.
Mr. SCHENCK. I am veryg adto have that explanation, so far as it oes, in vindication of the architect; but in rep y Iwonld remark that in the last Congress the assurance was given to this House that that fence would be removed before Congress should again assemble.
Mr. RICE, of Maine. But we have now another architect. The gentleman who had that fenc. but up is no longer connected with the Capitol: and the Gentfrom Ohio may rest assured Mr. SCHENCK. I would prefer to “make assurance doubly sure” by requiring to be done that which no principle of good taste or sense of propriety has yet succeeded in bringin about. I must therefore insist on my ameniment, though I am willing to reduce the amount to 5 or ten dollars. All that I desire is that we shall embody in this bill an indication of the judgment and the wish of Congress on this subject. My friendfrom Illinois [Mr. Wasnncnxs] suggests that that railing, being upon either side of a path leading from this end of the Ca itol to the other, ought to be preserved for t to benefit of ambitious gentlemen who desireto go from this House to the Senate; and I suppose he intended to express his entire sympa thy with me in my failure to effect that object. I wish to console him as well as myself by saying that, whatever may have been his experionce, it has been ascertained that a straightfor ward path is not the best by which to reach the Senate; and perhaps on that account it might be better that some change should be made in the direction given to that railing. Perhaps if the fence were made so low that one could ride upon it, and be “on the fence" occasionally, it would be an advantage to aspirants to senatorialhonors. [Laughter] Ishall notbemoved from my purpose by any suggestion of the Gentfrom Illinois on that point. In his interest as well as my own. Is all adhere to the proposition that the bill be so amended as to exress the judgment of this House unmistak ably to the architect or whoever else may have control of this matter, that that fence must be taken away.
Mr. RICE, of Maine. I have no objection to that.
Mr. WASHBURNE, of Illinois. I move to amend the amendment of the Gentfrom Ohio by adding to it the following: and that all standsfor the sale or display of any articleswhateverin any of the entrancesto the house be removed.
Mr. RICE, of MaineHon. J. H. RICE. Chairmanof the (bmmilleeon Public Baitilimm and Grounds, HoRep U.S.
Mr. RICE, of Maine. It is ascertained that all the persons occupying the halls and corridors on the House side of the Capitol do so under the written permission of the Speaker of this House, and as the Speaker has the control of the matter, I do not think it exactly right for us to take the question thus summarily into our hands. I think we should permit these persons to remain so long as they have the permission of the Speaker to do so. I think, so far as some of them are concerned, it. would be well to have them removed. Perhaps the great hunter from the Rocky mountains, who is out in the corridor, with his scalps and Indian curiosities, might well be put inside of the iron railing. [Laughter]
Mr. COLFAX, (Speaker.) Mr. Chairman, I wish to say one word, as in name has been brought into connection with this matter. When Ientered upon the discharge of my dutiesasPresiding Officer of this House, I found it had been the usage for those who occupied the position of Presiding Officer, in each branch of Congress, to allow a number of stands in the halls and corridors. My own judgment was strongly against the anting of any such permission. At 1st I dec ined absolutely, but members of Congress cameto me rotestingthat certain parties who had been a lowed to occupy particular places under previous Speakers should not now be torned out. I disliked to set up my own judgment against what. had been the previous usage and I went over to the Senate end of the Capitol to ascertain what was the cOndition of affairs there, and found that the President of the Senate had consented to the establishment of various stands there, so that, rejecting some, I granted permission to others at this end. At this session, the permission which had been granted to some was renewed. It is difficult to draw the line, if any are allowed at all. One is allowed to sell expla nations of the bronze doors illustrating the life of Columbus. It is difficult to say no, because a great many persons would like to obtain them. Members will see how difficult it is to draw the line of distinction. I should prefer Congress would order all to be removed from this floor of the Capitol. My own idea is whatever permission is granted should be for the lower floor. Then, if persons choose to go down upon the lower floor, through which is a communication from one end of the Capitol to the other, let them go down there and purchase whatever they may desire from these stands. As the usage had been on therpart of my pred ecessors to grant permission or these stands, asI have already said, I reluctantly granted them myself.
Mr. STEVENS. I will say, in justice to the Speaker, that. there are fewer of these stands now than there have ever been before. They are an accommodation, it would seem, to some of the members, and perhaps they ought not to be disturbed.
Mr. RICE, of Maine. These stands are certainly in the way, and I think most of them should be removed. I do not think there would be an objection to their removal on the part of the ease. I believe if we luvs the matter under the control of the Speaker, as heretofore, with a simple expression of our opinion on this question, it will accomplish the result we all have in view.” I will refer to a single instance, and that i1s in regard to the stdnd where refreshments are i sold. I think its effect on the small boys the pages about this Houseis bad. They are constantly in the way, and the passage is bein blocked u. I think all such stands should beremove. Now, in regard to the model of the figure which is upon the top of the dome, every one must concede that it is in a bad place in the old Hall. No one can object to its removal. The ComrPubBldg says it was only placed there temporarily. But I suggest that the crest be taken from the head of the figure, and that something in accordance with the design of Mr. Crawfor himself be put in its stead. The history of the matter is interesting. There was a long correspondence between the artist and JeffersonDavis on the subject. The 1st design of the artist was to at a wreath upon the head of the figure, but that Mr. Davis objected to. Then he proposed to put a liberty cap upon it, and that Mr. Davis objected to because it was the historical emblem of a freed slave and he said ought not to be there. I would have the present monstrous crest taken 08, for as you look at the figure upon the dome of the Capitol coming up toward it. it looks precisely like a donkey 5 head. [Laughter] Let us take oi? the donkeys head and put in its place the liberty cap as the artist intended.
A MEMBER. Is it a donkeys or a darkeys head? [Laughter].
Mr. STEVENS. I also suggest she be provided with hoops, for she looks awfully as she is. [Laughter]
Mr. JOHNSON. I move to amend by adding the following: and especially that last and most egregious humbug, the woolly horse, with the horns and the bears paw.
The CHAIRMAN. The amendment is not in order.
Mr. SCHENCK. Ihope the gentleman will amend so as to provide for the removal of the stands from this floor in consequence of the suggestion of the Speaker, who anticipated in his explanation what I was myself going to prepose.
Mr. STEVENS. I must insist that this is new legislation altogether.
Mr. WASHBURNE, of Illinois. The gentleman is not quite so sharp as some of his friends. It is too late to make the objection.
Mr. STEVENS. It is not too late; it is just.
Mr. GARFIELD. I suggest that we simply require that at these stands where they sell they shall use fresh lard instead of rancid. [Laughter]
Mr. SCHENCK. If the Gentfrom Pennsylvania [Mr. Srnvnxs] will allow me, I would like to make a single remark.
Mr. SCHENCK. This may seem to be friv olous to the chairman of the committee; it seems to me, however, that it is worth a little consideration.
Mr. STEVENS. I pass the frivolity over to the Gentfrom Illinois, [Mr. WashBurn]
Mr. STEVENS. I move that the committee use.
Mr. MORRILL. I ask my friend to with draw the motion.
Mr. MORRILL. I hope, sir, that the committee will not. leave this subject until they have taken decided action. Congress having taken upon itself the control of this building for its own use, I ask upon what authority any officer of the Government will take it upon himselfto appropriate it for other purposes? and in addlLlOIl to the removal of all these stands, which I regard as not only an inconvenience to the members of this House, but as a disgrace, because they clog up and interfere with the in ress and egress of members, I hope that all oft ese things, including the woolly horse and this huge monster thatis behind the rail, will be removed. It is apparent that the large plaster east of the statue of Liberty is not beautiful in itself where it stands. Bein too high up, it destroys the beauty of that o d Hall. Therefore I hope it will be excluded.
Mr. STEVENS. I move that the committee rise for the or ose of closing debate.
Mr. WASIH URNE, ofIllinois. I think by unanimous consent we can agree to close the general debate withoufil going into the House.
Mr. STEVENS. I ope we shall do that by unanimous consent. It will not cut 08 the 5 minutes debate.
Mr. STEVENS. Then move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Ponsaov reported that the ComWhole on the state of the Union had, according to order, had under consideration the state of the Union ener ally, and particularly bill of the House o. 86, making additional appropriations and to supply deficiencies in the appropriations for sun dry civil expenses of the Government for the fiscal year ending the 30th of June, 1866, and for other purposes, and had come to no conclusion thereon. CLOSE or DEBATE.
Mr. STEVENS. I move to close the general debate in the ComWhole on the suite of the Union on the deficiency bill in on. 1866. F 861 minute after the committee shall resume its consideration. The motion was agreed to.
Mr. STEVENS. I now move to close all debate on the pending paragraph of the bill in;one minute. The motion was agreed to. ENROLLBD BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled an act authorizing an increase of the clerical force in the postoffice Dept; when the Speaker signed the same. EVENING SESSION.
Mr. STEVENS. One or 2 gentlemen desire to make speeches tonight, and Iwill therefore move that the House take a recess from halfpast 4 oclock until half ast 7, and that the evening session be so ely for debate on the Presidents message; no action to be taken. The motion was agreed t6.
Mr. STEVENS. I now move that the rules be suspended, and the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to. So the rules were suspended; and the House accordingly resolved itself into the ComWhhole on the state of the Union, (Mr. Ponsnov in the chair) and resumed the consideration of the special order, being. THE DEFICIENCY BILL.
The CHAIRMAN. Did the Gentfrom Ohio [Mr. Sensx ex] accept the amendment proposed by his colleague, Mr. SPALDING?]
Mr. SCHENCK. Ididnotunderstandelearly what it was. I think it was met by the proposition made by the Gentfrom ine is, [Mr. Wastintn. vi:. 3r,
Mr. SPALDIN. My amendment is supplied by the amendment to the amendment now pending, and I will not press it.
Skip Skip The question was taken on the amendment to the amendment offered by Mr. wssnaunxs, of Illinois, and it was agreed to. The question recurred on Mr. Sonsn exs. amendment as amended.
Mr. SCHENCK. I modify my amendment so as to make the appropriation ten dollars instead of $100, as I understand the change can be made without expense. The amendment as amended was agreed to.
Mr. INGERSOLL. I offer the following amendment, to come in at the point in the bill that we have now reached:. For the removal of the crest from the head of the goddessof Liberty on the dome of the Capitol. $500, or as much thereof as may be necessary.
Mr. SPALDING. I would ask the Gentfrom Illinois if he refers to the statue in the Hall or to the one on. the dome?
Mr. INGERSOLL. I mean the one on the to of the dome. Mr. RICE, of Maine. Iwill state to the Gentfrom Illinois, [Mr. Ixosnsoi. n] in regard to the removal of that crest, that that question was considered, and an estimate made as to. the cost of craming it, when the stagings were up; and it was estimated that $7, 500 was the least for which it could be accomplished and I undertake tosay that it would now cost at least $25,000 to remove that crest from the head of the figure and at on another.
Mr. STEVENS. this is all out of order, I think. It is new levislation.
The CHAIRMAIil. The Chair sustains the point of order of the Gentfrom Pennsylvania, [Mr. SrsVENS] and rules the amendment of the Gentfrom Illinois [Mr. IN osnsoul to be out of order.
The Clerk continued the reading of the bill to the close of the following paragraph: For fitting flzg rooms in the basement, under the courtroom o a SupremeCourt, for a consultation room for the court, 85.000.
Mr. BOUTWELL. I move to amend by i inserting after the clause just read the follow mg: For alterations and repairs of the courthouse in the city of Boston, 85,000.
Mr. WASHBURNE, of Illinois. I raise the point of order that this amendment contemplates new legislation, and is therefore out of order.
The CHAIRMAN. The Chair sustains the point of order. The following clause was then read: For annual repairs of the Presidents House and furniture, improvemontofgrounds, purchascofplants gr garden, and contingentexpensesincident thereto,
Mr. INGERSOLL. I move to amend by inserting after the clause just read the following, being one of a series of amendments which I will send to the Clerks desk: For sewerin 4updabalf street, in front I" 51125866116011 betweenMissouriavenueand the oandl,
Mr. STEVENS. I think that had better be left out of this bill; it is out of order.
Mr. STEVENS. I think the sewer is very much out of order. [Laughter]
The CHAIRMAN., The Chair sustains the point of order, unless there is a law nuthorizin the work for which the appropriation is aske.
Mr. INGERSOLL. [were is a law for it. MLWASHBURNE, of Illinois. Then find it.
Mr. INGERSOLL. I propose to find it. I do not know of a better time to offer these amendments than to this deficiency bill.
Mr. GRINNELL. I rise to a hestion of order, that this is clearly out of order,
The CHAIRMAN. lhe Chair decides the amendment to be in order if there is a law for the appropriation.
Mr. H GERSOLL. There has been expended the sum of about 70,000 dollars for paving and improving the public streets, avenues, and reservations of this city; those which lie contiguous to the public reservations and public grounds. The appropriation asked for in this amendment is authorized bylaw, and has been authorized by law. The money has been advanced by the city for the reason that the fund which had been provided by congress had been exhausted. [his money has conexpended by the authorities of the city of Washin ton in payment of these improvements. An there are other appropriations asked for in the list plf allnendments which I have sent to the Clerks es. They have all been thoroughly considered by the ComDistCol: the accounts presented by the city to pay which this appropriation is asked have been examined; every voucher and every item of the expenditure have been examined, and the ComDistCol have instructed me to ask that this money be appropriated to reimburse the city of Washington for the money it has expended under acts of congress authorizin these improvements.
Mr. STEVENS. I understand this to be a claim of the city of Washington. There is no act lot Congress authorizing the city to do this wor.
Mr. INGERSOLL. I did not say there ever was. missioner of Public Buildings by the city, and this appropriation is to reimburse him.
Mr. QiSSON. As the r835 has been stated, I wish to speak upon that point a moment, to show that on previous occasions the decision of the Chair has been that any amendment is in order n on an appropriation bill in ComWhole which is designed to carry on or complete works authorized by some previous law, of which I regard the one under consideration to be one, and in that point of view I suppose this amendment is in order.
The CHAIRMAN. The Chair will hold it to be in order if there is a previous law for it.
Mr. wASHBURNE, of Illinois. I ask for the law and I suggest to my colleague [Mr. The money has been furnished the Com; l Ixcnasoim] that this is not the properplace " for his amendment, but that as he is chairman of the ComDistCol he can bring in his little matters in a bill from that committee.
Mr. INGERSOLL. I think this is the properplace for it. g V
Mr. WASHBURNE, of Illinois. I think these things should not be let in here.
Mr. INGERSOLL. I know my colleague, [Mr. Wasnamssq wants to let in all that should be let in. am as strict in those matters as he can be, yet I am in favor of this Government paying every cent it ought to pay, and not one cent more. I want this Congress to make appropriationsftp discharge all the claims againstt e Government, just as an individual would do, and nothing more. Now, in 1820, Congress passed a law providing for the sale of certain lots that were donated to the U.S. Government by the original proprietors of the city of Washington. More than 10,000 lots were given to the Government by this city. By an act passed May 15, 1820, Congress prowded that the money arising from the sale of these lots should be expended for the improvement of the streets and ayenues around the public grounds. In 1864 an act was passed decibrin that the Government of theIC U.S. Siould pay its equitable proportion of all these improve merits of the avenues and streets runningaround the public grounds. Tge fund arising from the sale of those 10,000 lots donated to the General Government has been exhausted, and in view of its exhaustion Congress, in 1864, passed an act, the 3rd section of which provides “ That in all casesin which the streets, avenues or alleys of the said my gas: through or by pay of the property of the U.S. the ComrPubBldg shall pay to the duly authorised officer of the cororation t 9 just groportion of the expenselncurr in improving snc avenue, ltroet, or alley which the said property beam to the wholb cost thereof, to be ascertainedin the some manner as the same is apportioned among the individual proprietors of the property improved thereby.” [Here the hammer fell.]
Mr. WASHBURNE, of Illinois. The Chair man, as I understand, hasruled that this amendment is out of order.
The CHAIRMAN. The Clerk will read the rule applicable to this question.
The Clerk read, as follows: “No appropriation shall bere ortedin such general appropriation bills, or be in or or as an amendment thereto. for any expenditure not previously authOrized by law, unlessin continuation of appropriations for such public works and objectsas are already in progress, and for the contingenciesfor carrying on the several Depts of the Government.”
The CHAIRMAN. The Clerk will also read the law cited by the Gentfrom Illinois.
The Clerk read the 3rd section of the act of 1864, as quoted in the remarks of Mr. Ix GERSOLL.
The CHAIRMAN. The Chair decides that the amendment is in order, as an appropriation under the law of 1864 to improve the streets in front of the public grounds.
Mr. WASHBURNE, of Illinois. I desire to inquire what obligation rests upon Congress, an or that act o 1864, to make this appropriation?
Mr. INGERSOLL. If time be allowed me, I will read the various acts of Congress relating to this question. I
Mr. WASHBURNE, of Illinois. I hope that my colleague will not undertake to introduce his budget into this bill. I trust that he will withdraw his amendment.
Mr. INGEBSOLL. N o, sir;I will not with draw it.
Mr. WASHBURNE, of Illinois. ThenI hope the House will vote it down. Let the gentleman report these propositions from the committee or the DistCol when that committee shall be called.
Mr. INGERSOLL. If this committee do not desire to act honorably and fairl they will reject this amendment; but if they desire that the Government shall pay its just debts undo: existing laws, than they will adopt it.
The CHAIRMAN. The time of the Gentfrom Illinois has expired.
Mr. ROLLINS. I move to amend the amendment by striking out the last word. I yield the floor to the Gentfrom Illinois, [MLingERSOLL.
Mr. INGERSOLL. Idesire to read the section of the act of 1820, to which I have referred.
Mr. SPALDING. Will the gentleman yield to me for a moment?
Mr. SPALDING. I appeal to the gentleman to report these appropriations in a bi l from the ComDistCol, and then we will vote for them., Mr. INGERSOLL. Is it not just as easy to consider them now?
Mr. SPALDING. It is not. It only confuses this bill.
Mr. INGERSOLL. If I thought that it confused this bill, I do not know but that I would brin in a separate bill but I do not see why the case cannot consider this subject as Well now as at any future time. Now, Mr. Chairman, I desire to show that this amendment simply proposes to make provision for the payment of what is justly charge able to the Government. The 15th section of the act of May 15, 1820, provides: “That the comrPubBldgs or other person appointed to superintend the U.S. disbursementsin the city of Washington shall reimburse to the said cororation a just proportion of any expensewhich mayIicrcafter e incurred in laying open, paving. Orotherwise improying anyofthpstroots or avenuesin front of or adjoming to, or which may pass through or between. any of the public s uares or reservations. which proportion shall be ster mined by a comparison of the length of the front or fronts of the said squaresor reservationsof the U.S. on any such street or avenue with the whole extent of the 2 sides thereof; and he shall cause the curbstones to besetandfootwaysto be paved on thesidoorsidesofanysuch stroetor avenue. when ever the said corporation shall by law direct such improvemsnts to be madeby the proprietors of the lots on the oppositeside of any sue street or avenue or adjacent to any such squareor reservation; and shall causethe footwaysto be paved and the curbstonesto be set in front of nnylot or lots belongingto the U.S. when the like improvements shall be or dered by the corporation in front of the lots adjoining or squaresadjacent thereto; and he shall defray the expensesdirected by this sectionout of angvmon eysarising from the sale of lots in the city of ash in ton belonging to the U.S., and from no ot or fund.”
Mr. STEVENS. I thought it was only $1,000. All the items, of which the amendment now offered is one, amount to some 69,000 dollars.
Mr. STEVENS. Then I hope this will be allowed to come in separately, so that we may be enabled to consider it properly. Let it not be brought in this way, but let it come regularly from the gentlemans committee.
Mr. INGERSOLL. That which was offered and under consideration was the 1st item and was for $1,000.
Mr. STEVENS. That is whatimean. Does not the gentleman mean to follow it up with the other s?
Mr. STEVENS. I want the members to understand, then, we sre to appropriate $70,000 under this one amendment.
Mr. INGERSQLL. Let me say that I would be glad to have it offered and discussed as one amendment. I would be glad if the gentleman would allow me to do so, so that the question may now be discussed. I believe that the rights of the people of the city of Washington are as sacred as the rights of the people of the city of Baltimore. We appropriated $109,000 a little while ago to reim urse the contractor of the Baltimore postoffice building. 609,000 dollars have been expended on these improvements on F street, 4andahalf street, and Missouriavenue. These permanent improvements of this city have been made and the money has been expended, and it is necessary that we should reimburse it. Here is the report of the Commissioner, and the report of the ComDistCol, which sustain the amendment I have offered. The reportommendation alter investigation made by one of of the Commissioner specifies every item of the account, the amount of work done and the value of it, and the location in which it has been done. Here the hammer fell.].
Mr. BALDWIN. I must oppose the amendment. There can be no doubt, sir, that the sum here proposed under the act of 1864 has actually been incurred by the city by virtue of that act, but the trouble is as to the act itself. I do not know what were the influences which secured the passage of that act, but it is very certain that it is an act under which deficiencies of this kind will constantly occur, and perhaps to a very great amount, unless it be modified or repealed. It gives a very large charter to Washington city to tax the Government whenever it leases and to any amount. 11under the authority of that act this has occurred 1 wish to bring the attention of the committee and of gentlemen to the fact that larger amounts than this may come next year or the year afterward, and so long as that act exists. I think, therefore, we should take into consideration whether the act itself should not be modified or repealed.
Mr. WASHBURNE, of Illinois. The Gentfrom Ohio, [Mr. SCHEXCK] is slightly mistaken in regard to that matter, because the House gives a certain number of days. when asked for by the ComDistCol, to consider their business, and we go into ComWhole and consider their business seriatim.
Mr. SCHENCK. I am aware of that. So the House gives certain days to private bills and other purposes, but those special days are almost always set aside.
Mr. WASHBURNE, of Illinois. Never. I have never known the time when the DistCol did not have a full share of the time.
Mr. DAVIS. I renew it. I wish to say, from some little experience on the ComDistCol, that my friendfrom Illinois [Mr. Wasnnvnss] is in error in respect to the time which has generally been awarded to that committee. I served on it"two ears, and I know it was with the greatest difiicu ty we were able to get a day asSigned to begin with and then when it came it was very difficult to get 3 bills through this House; and most of the hills which were passed were presented by the courtesy of the House upon leave and while on the floor, allow me to say that I believe it is due to the Government itself, to its character for honorable and fair dealing, that we should recognize the claims which exist against us by the cit of Washington, and which have been incurre under congressional legislation. I know no reason why, if we are able to do justice, we should not be willing to do it., We certainly have authorized expenditures for the improvement of this capital. I believe that no question arises that the DistCol is not in the Union. That we have settled, at least, and therefore I think we may legislate as if this was, and is to continue to be, the capital of a great Republic, and we should make it worthy of the national character. I withdraw the amendment.
Mr. INGERSOLL. I renew it. We have been in session now for 2 months and over, and I am satisfied, if the committee see proper to disregard the recommendation of the ComDistCol with regard to this matter, they would disregard it i we should brin in a special bill at some future time and am satisfied that we can never get that bill reported from that committee and go into ComWhole in time to get an appropriation through congress. I do not know how long we shall continue in sessionwhether thirt, 60, or 90 daysbut if the cholera shou (1 come at the end of 30 or 40 days, I should move to adjourn. I want this appropriation made because it isjust and authorized bylaw, and I hope the committee will consider it now and pay the money that has actually been expended on or authority of low Iwithdraw the amendment to the amendment.
Skip Skip The question was taken on the amendment of Mr. sosnsom, and it was agreed wayes 64 noes 30.
Mr. INGERSOLL. I propose now to offer all these items for the DistCol as one amendment.
Mr. WASHBURNE. of Illinois. I shall demand a separate vote on each proposition.
Mr. ING RSOLL. Very well]; then let us have them voted on separately. I offer the following amendment:. For having and graveling 17th street in giioaiotooi) the residents groundsand down to canal, Mr. WASHBURNEfof Illinois. I am opposed to that amendment for the reason, into 1866. 863. 1st place, that it has no business in this bill; take to say that the money was expended ten and in the 2nd place, because we are asked to appropriate $70,000 for matters about which we literally know nothin. There are no reports on this matter, an we do not know how much the Government is entitled to ay in any case. We are called upon to vote by indly this Vast sum of money to the city of Washington. If you look through this bill you will see the appropriations it contains for this city. I ask gentlemen to look at these appropriations be ore they vote away the money of their constitquents. Here is an apiropriation of $85,000 for lighting the cities oi Vashinvton and George town. We are no more calle upon to light the city of Georgetown than to light the city of Galena. In votin away these sums of money we are adding to the burdens of our constituents, and I for one protest against it.
Mr. KASSON. desire to correct one statement the gentleman has made. There is no appropriation in this bill for lighting the city of Georgetown at all. By referrin to that clause he will find that it is for ligiting the biidre on High street, a part of which is in Wasington and a part in Georgetown, and there will probably be an eXpense for the lighting of one lamp on the Georgetown side of the bridge. a
Mr. WASHBURNE, of Illinois. The Gentfrom Iowa is a member of the ComAppropriat, and he ought to know that this is an appropriation for lighting Bridge and High streets, Georgetown.
Mr. iisssoiv. The bridge on High street, I think.
Mr. WASHBURNE, of Illinois. No, sir; Bridge and High streets, Georgetown, are to be lighted at the public expense.
Mr. INGERSOLL. That is a matter that does not interest me. Ithas nothing to do with my amendment, and I do not propose to have this appropriation which I ask in behalf of the DistCol prejudiced by any appropriations reported in the bill by the Committee, on Appropriations. I have this to say in reply to my colleague, that this appropriation of $1,000 asked for has been authorized by law, and the SecyInterior reports in favor ofit. The amendment is offere by the direction of the ComDistCol, and the ComrPubBldg is in favor of allowing this amount, because he has examined the claim and found it just.
Mr. RADFORD. I desire to ask the Gentfrom Illinois whether the money has been lpent?
Mr. INGERSOLL. By the authority of the act of Congress of May 5, 1864.
Mr. RADFORD. Will the gentleman read the law to which he refers?
Mr. INGERSOLL. I have read it once, but I will read it again if the gentleman desires it, or I will hand it to him.
Mr. RADFORD. Just as the gentleman pleases. I only desire to vote understandingly.
Mr. INGERSOLL. I will read it, then. It is "as follows: That in all casesin which the streets, avenues, or alleys of the said city passthrough or by any of the proportv of the U.S. the ComrPubBldg shall pay to the duly authorized of flcer of the corporation a just proportion of the expense incurred inimproving such avenue. street, or alloy which said property ears to the whole cost thereof, to be ascertainedin the same manner as the lame is apportioned among the individual proprie tors of the property improved thereby. "
Mr. WASHBURNE, of Illinois. I desire to ask my colleague when this money was expended by the city?
Mr. INGERSOLL. Idid notsaythatitwas exended by the city at all. Mr. WASHBURNE, of Illinois. When was It expended byanybody?
Mr. WASHBURNE, of Illinois. I under years ago and that it is a stale claim.
Mr. INGERSOLL. It isnot a stale claim; I deny it. The money was not expended ten years a o.
Mr. HADFORD. Will the gentleman tell us when it was expended?
Mr. INGERSOLL. I will turn to the accounts. Let me explain this matter to the committee; but I cannot very well do it in 5 minutes.
Mr. WASHBURNE, of Illinois. That was the very reason why I tried to persuade my colleague to let it go over until the ComDistCol have awhole day, when we will hear him for an hour with pleasure.
Mr. INGERSOLL. If that is the only objection my colleague has, I am glad to know it. I thought he was on the economy side of the question, but it seems now it is amatter of time. [Here the hammer fell.]
Mr. SPALDING. I desire to ask for information, whether some of these expenditures were not made before the law was passed I
Mr. SPALDING. Were not some of the expenditures made before the law of 1864 was passed?
The CHAIRMAN. Debate is exhausted on the amendment.
Mr. INGERSOLL. I should like to have a little time to explain the amendment.
Mr. ORTH. [move to amend the amendment by striking out the last word ofit; and I yield my time to the Gentfrom Illinois, [Mr. INGIBSOLIh]
Mr. INGERSOLL. I thank my friend for ielding to me. By the act of 1820, which I have read, the Government of the U.S. took upon itself to pay its equitable proportion of the expenseOf the improvements made by the direction of the city authorities on the streets which pass by or are contiguous to the public reservations and avenues.
Mr. SPALDING. Then the present item of expenditure does not come under the law of 18la?
Mr. INGERSOLL. No, sir. Under the act of 1820 a certain fund was appropriated by the Government to pay for these improvements. That fund was realized from the sale of lots which were given to the Government of the U.S. by the original proprietors of this city. In 1852 or 1853that fund was exhausted. Aquarter of a million of dollars had been realized in that way and had been exended. At least $100,000 had been expende upon building the Presidential Mansion, and for other purposes of public improvement in this city. There were lots left for sale, but there was no fund to pay for the improvements which were continually being made, according to the law. In 1861 or 1862 the ComrPubBldg sold some more of the lots, the last of them, I believe. That fund was expended as far as it went. A portion of these claims run back as far as 1854.
Mr. SPALDING. Are any of them in the hands of private parties?
Mr. SPALDING. Why have not former committees of this House reported in favor of such an appropriation as this?
Mr. STEVENS. Was this work done in 1854 or 1855? Ifso, wh should not this claim go to the ComClaims?
Mr. DAVIS. I wish to ask the gentleman a single question. For what amount did those lots sell? What amount was aid into the Treasu of the U.S. from the proceeds o that sale?
Mr. INGERSOLL. Over a quarter of a million dollars.
Mr. STEVENS. I understand this amendment is put upon the ground of cleansing the city so as to prevent the cholera from coming here. Now, it may be very proper to pass this, for it is an old rotten claim which has been festering since 1855; and if we do not get rid of it soon, the cholera will certainly attack us. [Laughter]
Mr. INGERSOLL. I do not care upon what grounds the Gentfrom Pennsylvania
Mr. STEVENS puts it, I put it upon the ground of justice; and so does the ComDistCol. If Congress does not see fit to shall have discharged my duty.
Mr. DAVIS. If I now understand the question properly, it seems that the Government owning these lots, by donation from the original proprietors. undertook to improve them, and to pay for that improvement out of funds arising from the sale of a portion of the lots.
Mr. DAVIS. It was for that reason that I addressed the inquiry to the chairman of the committee, and now I desire to know whether he can inform us what amount has been expended from the fund thus created by the sale of the lots; whether there is in the Treasury today any money belonging properly to the fund arising from the sale of those lands.
Mr. ING IRSOLL. In reply, I will state that not a single dollar of the money arising from the sale of those lots remains in the Treasury. But nothing like the whole of that amount was ever paid for improving the streets.
Mr. DAVIS. What I desire to know is, whether there is remaining to the credit of this fund any art of the sum arising from the sale of these ots. If the Government has appropriated that money to other uses, then it certainly does not rest with us to say that we will not recognize the equity created by the original arrangement and by the sale of the property. If the Government received the money, honorably and honestly to pay it accord in to the terms of the contract.
Mr. SCOFIELD. I desire to ask the Gentfrom Illinois whether this claim was ever presented before.
Mr. SCOFIELD. Why has it not been presented?
Mr. INGERSOLL. Well, I never inquired. It is immaterial about that. The facts are as I state them. I now desire to add a word or 2 in reply to the inquiry of the Gentfrom NewYork, “[Mr. DAVIS.] As have stated, a quarter of a million dollars has been realized and has gone into the Treasury of the U.S. by reason of the sale of these lots which were donated to the Government of the U.S.; and more than $100000 of that money was appropriated to building the Executive Mansion. of the city of Washington had had appropriated for its encfit all the money that has arisen Here the hammer fell.]
Mr. STEVENS. I more that the committee rise to to this talk.
Mr. INGERSOLE The Gentfrom Pennsylvania, I submit, has no right to speak about " sto in this talk.”
Mr. STEVENS. Well, I withdraw the motion.
Mr. ORTH. I withdraw my amendment to the amendment.
Mr. CONKLING. I move to amend the amendment by adding thereto the following: I Provided that no payment shall be and audited as to legality and amount by the proper officer of the Treasury.,
Mr. INGERSOLL. I have no objection whatever to that amendment; I am willing that it shall o iv to all these appropriations.
Mr. CSHKLING. I want to be sure to apply it to everything that relates to the city of ashington. If there is any case in which we ought not to make doubtful appropriations it is the case of the city of Washington. For one, from motives both of economy and selfrespect, I think it not worth while to overdo appropriations for Washington. We and onr constituents get little in return, except the impositions to which all comers are subjected in this city. For one I mean to vote against apopriations for this city in every case in which can justify myself in doing so, and in addition to that, I would like to be sure that the properauditing officer shall scrutinize every item before it is at. p
Mr. INGERSOLL. I agree with the gentleman in his last proposition, that every item should be scrutinize before it is paid. I accept his amendment as a modication of mine. he question being 0n the amendment of Mr.isonasom. as modified, The committee divided; and there were ayes 28. noes 38; no quorum voting.
The CHAIRMAN ordered tellers; and appointed Messrs. Isennsou and Srnvsss. The committee again divided; and the tellers reportedayes 35, noes 67. of the amendment was rejected.
Mr. INGEESOLL. I move the following amendment: Paving carrisway of 9th street west, from 13 street to Pennsyvania avenue, 82, 58216.
Mr. STEVENS. I make the point of order that that is an old claim, and ought to be referred to the ComClaims. It is certainly not in Order to this bill.
The CHAIRMAN. The Chair supposed when the 1st amendment was offered it. was underthe act of 1864, which was read. It appears that these are appropriations made by the common council of ashington city some ten years ago, and the Chair rules the amendment to be out of order. It may be a claim against this Government, but it is not. in order to an appropriation bill.
Mr. INGERSOLL. These are based upon acts of Congress prior to the act of 1864; but for the present I will confine myself to those under the act of 1864. I move the following, under that act: For the improvement of 14thstreet. across Ohio avenue, across Pennsylvania avenue and in front of the reservationsouthside of avenue in front of Franklin square, and acrossVermont and Massachusetts avenues, 1,145 feet, $9, 918.
Mr. INGEltSOLL. It was done last sum mer, under the act of 1864.
Mr. STEVENS. We are making appropriations for the DistCol, when they are recommended. I make the point. of order that the amendment is not in order to this bill.
The CHAIRMAN. The Chair sustains the point of order, as this expenditure was made, not under an act of Congress, but under an act of the common council of Washington.
Mr. INGERSOLL. Let me refer to the acts of congress.
The CHAIRMAN. The gentleman can do so by unanimous consent. Objection was made.
Mr. INGERSOLL. All the other amendments I proposed to offer rest upon the same basis.
Mr. CONKLING. I move to add the following to the amendment which has been adopted: Provided. No paymentshall bemadeon account of any appropriations herein contained to reimburse the city of Washington for improvementsheretofore constructedin front of or through the public grounds until the items have been properly examined and audited asto legality and amount. by the properofli cers of the Treasury. The amendment was agreed to.
The Clerk read, as follows: Forannualropairsof the presidentsHouseandfur niture, improvement of grounds. purchase of plants for garden, and contmgentexpensesincident thereto.
Mr. RICE, of Maine. I move to strike that out. We have alread appropriated $40,000 for the repair of the white House, and I think we can disense with this amount.
Mr. STEVEN S. This is for the usual repairs. It is for the improvement of the grounds, purchase of lants, kc.
Mr. STEVENS. It is different from furnish in the house. Mr. SCHENCK. We have already passed an appropriation, as follows: To enable the CommissionerofPubiic Buildings to properly refnrni shand repair the Presidents House. in conformlt With his estimate. 46,000t. he old furniture tobedisposedof under the irection of the SecyInterior. Now, we propose another for annual repairs. Annual, month, or daily repairs, if necessary, ought to be may e and paid for, but we ought to see that the same work is not paid for a 2nd time under another name.
Mr. KASSON. The object will be accomplished by striking out the words “annual repairs oft e, ” leaving the balance of the section, as something will be required to keep the grounds in repair.
Mr. KASSON. Make it $3,000. The amendment was then stated, as follows: For improvement of grounds, purchasoof plants for again and contingent expenses incident thereto,
Mr. RICE, of Maine. 2000 dollars, I sai. The amendment making the sum $2,000was agreed to.
Mr. wASHBURNE, of Illinois. I desire to call attention to the amount of appropriation for gas for Washington and Georgetown: For lightin the capitol and Presidents House. the publicgroun saroundthem, and aroundtho exccutive offices, and Pennsylvania avenue. Bridge and High streets in Georgetown. 4andahnlf street Scv oath and 12th streets across the Mall, nd illary: land avenue west, and 6th streetsouth.,000. Now, I desire to propound this question to I accept that, leaving the committee, whether it is right to vote this vast sum to light these 2 cities? I am willing enough to vote a reasonable sum to light the Capitol, the Presidents House, Pennsylvania avenue, and 4andahalf street. Therefore I move to strike out “Bridge and Hi In streets in Georgetown, 7th and 20th streets across the Mall, and Maryland avenue west, and 6th street south, $85,000, ” and make the appropriation $50.000.
Mr. KASSON. Before that is put I ought to say that the committee have deemed it better to kee the streets that are traversed by memberso Congress lighted at nightaccording to the custom of many years past, for there is not a particle of change in that respect in this bill than to have robberies, thefts, and murder! committed in the dark in those streets. It is simpl a (huestion of safety. The city is not requir to o it, and it is the customary expend iture that has been adopted by Congress from year to year according to existing rules. Of course, the Eouse may strike it out if it sees fit. There is no possible feeling on the part of the committee.
Mr. WASHBURNE, of Illinois. I would like to know what public buildings or property are to be protected on High and Bridge streets, Georgetown.
Mr. KASSON. I have only to say that this portion of the expenditure is one that has been regarded as belonging to the U.S. Government. asdistinct from the citysportion.
Mr. WASHBURNE, of Illinois. le U.S. Government has nothing in George town.
Mr. KASSON. Officers of the Government have resided and now reside in both cities, and it is a system adopted by previous Congresses, having been regarded as properexpenditure to be borne by the Government.
Mr. WASHBURNE, of Illinois. Ihopethere will be astop to it. These gas companies came in and got an enormous increase of their rates, and we are trying them now about twice as much as we move eretofore paid.
Mr. SCHENCK. Before the vote is taken I propose to amend theoriginal clause by inserting the words “ G street, west of 18th street.” It is a very respectable street, for I live in it, but it is as dar as Erebus. It is a wellbuilt street, and light is very much needed in it, especially if one should be out late at night, going home in the small hours of the morning.
Mr. ONEILL. Includealso 13th street west, between E and F.
Mr. SCHENCK. I have no objection, for I knowthatjustas my locality needs to be lighted for the benefit of gentlemen who are calle out at night on public business, it is still more essential to my friendfrom Pennsylvania that his district should be lighted.
Mr. RADFOED. Where does the Gentfrom Pennsylvania reside? If it is his district I he c it will be added.
Mr. SCHENCK. We pay enormously for gas in this city, those who occupy houses, and the Government a s its proportion, and yet the city is not well lighted. A though the gas is good as far as it goes, yet the city is poorly lighted in many parts of it and while I am 11 on this subject I want to state a fact which I are say is generally known to members of Congress who are confined upon committees and otherwise kept out late at night. There is a practice existing in this city, as in some other towns, of relying upon the moon, whether it shines or not, on certain nights in the month. But" there is another unusual practiceI have found here, of putting out all the lights. retaining only those on one or 2 of the principal avenues, at one oclock in the morning. Now, I happen to have seen this thing done once or twice. I have seen the lamplighter aboutone oclock, ora little before, with his ladder going from post to post extinguishing lights in a number of streets, no matter how intensely dark it might be, just as if it were a notification to burglars who suspend their work till a certain hour in the morning, 1866. or; 865 “ Now, as you will not be troubledb. the po lice, on need not be by gaslights either.” I should like to know from the gentlemen who have charge of this matter why, when we appropriate money for gas in Washington, the lamps are continually extin uished at that hour, and most of the streets cit during the latter part of the night in utter darkness.
Mr. KASSON. I will say in reply, as one member of the ComAppropriat, that if on do not appropriate money enoug to pay or the gas accor in to the rates that on have yourselves established, you must be ch in the dark. If you will appropriate for the amount of gas consumed and direct that the lamps be ke thghted all night, then the s company wilFfurnish the gas and keep the amps burning. That was the information of the ComAppropriat, and this amount was fixed upon wi reference to that aims.
Mr. CONKLING. What is the difficulty in the Government paying like any other consumer for the gas actually consumed in the public business by the public authorities?
Mr. STEVENS. That is the way they do payinro. W
Mr. CONKLING. According to this appropriation? This provides for extending the gas p1 es.
Mr. STEVENS. This provides for the gas consumed by the Government at a little less than the rate other consumers pay.
Mr. CONKLING. What use is made by the public authorities of gas on these streets in Georgetown?
Mr. STEVENS. The Government owns the property up at the Circle, and owns the bridge too; and e Government has always lighted those streets.”
Mr. WASHBURNE, of Illinois. High street is halfu mile from the bridge.
Skip Skip The question was taken onMr. Sonss exs amendment, and it was disagreed to.
Mr. KASSON. In order to refer to a former law, I move to strike out the last 3 words of the clause. It will be found that in 1864and this appropriation was intended for 1865 and 1866wc appropriated $63, 500 for lighting these identi ca grounds, avenues, and streets; and if Gentlemen will go back to former laws, they will find that we have done it habitually. In consequence of the increase in the price of gas authorized by the last Congress, an additional amount is required in the appropriation for this year. There is not a sing e appropriation here for lighting any new street, avenue, or ound.
Mr. WASHBURNE, of Illinois. We are required now to appropriate $22,000 more than we did last year. 8y adopting my amendment we shall keep the appropriation down to the proei sum.
Mr. KASSON. The increase in the appropriations is in consequence of the action Congress in authorizing an increase in the price of gas, owing to the increased rice of coal.
Mr. WASHBURNE, ofI line is. There was no necessity for it; itwas only by lobbying that it was got through Congress.
Mr. KASSO. I withdraw my amendment. The question was then taken on
Mr. Wnsn Bunsss amendment, and it was agreed to.
Mr. RANDALL, of Pennsylvania. I think this proviso is an attempt at new legislation in an appropiiation bill for an extension of a cororation which is not warranted, and therefore is out of order.
The CHAIRMAN. The objection of the Gentfrom Pennsylvania [Mr. RANDALL] would have been good if taken in time; but it is made too late.
Mr. RANDALL, of Pennsylvania. Then I hope the House will vote to strike out this proviso, for it is clearly out of order.
Mr. DAVIS. I recollect when, during the last session of Congress, the law was so altered as to increase the amonnt of compensation which this gas company was to receive. From the knowledge which I then had, and from all the information I have since obtained, I think that the change in the law was entirely just and I will add to that a statement I have received from responsible parties that the losses sustained by that company before relief was obtained were so great that today they are in debted more than $70,000, which they have not the means to pay.
Mr. WASHBURNE, of Illinois. For what can the stock be now bou ht?
Mr. DAVIS. I do not now, I never owned a share of it, and never had any interest in it. There was some stock owned by orphans which was, sold before the law of last session was passed, and it was sold for 50%. of its cost, although it was the only stock the orphans had. The sold it, because they despaired of an relief being afforded by Congress. but I do object to this proviso in this bill, for I doubt whether there is any propriety in Congress adding to the chartered powers of a corioration in an appropriation bi l. he amendment of Mr. SCHENGE was then adopted.
Mr. RICE, of Maine. I moveto amend the clause relating to takin up and relaving the brick pavements near the Var and Navy Depts, by insertin after the word “ relay in, ” the words “wit stone flagging.” The amendment was agreed to.
Mr. DAVIS. I desire to ask the chairman of the ComAppropriat a question in relation to the paragrnp 1 making an appropriation to enable the SecyInterior to pay the expenses of transporting convicts to State prisons. Under what law was the SecyInterior authorized to select places elsewhere than the prison at Albany, NewYork?.
Mr. STEVENS. He has the right to select any prison. He has found Albany to be the best place and he sends them there., Mr. WASHBURNE, of Illinois. I move to strike out the lines 250, 251, and 252 of this bill in relation to collections of certain expeditions. I do not see why it should require $4000 to preserve these collections. They are already in a good state of preservation, and if they, are minerals they will not
Mr. STEVENS. This isa provision which we were to have made a year ago, when they were putting these collections in order. It is not for a future but for apnst expenditure. It was supposed, to be important that these collectious should be reserved, and I should be very sorry to have the House strike this out. The motion to strike out was not agreed to.
Mr. KASSON. I am instructed by the COKE mittee to move the following amendment to come after line 352: offieoof AttyGen: For deficiencyin ugasropriationsfor salariesin not of March 8, 1865. $3. For deficiencies in appropriations for contingent. x crises, $1500 or pay of 2 temporary clerks from January 1 to June so. I“. $1. 200.
Mr. WASHBURNE, of Illinois. I would like to know how these deficiencies happened. What right had they to expend this money without authority of law?
Mr. KASSOI. The act referred to in the amendment was passed after the regular appropriations for the year had been made. In consequence of the increase of business, that act increased the salary of the Asst AttyGen and certain clerks allowed to the Dept. This appropriation is necessary to carry out that law. The amendment was agreed to.
Mr. GRINNELL. I move to amend by inserting after line 378, on page 17, the following: Provided. That in the purchaseof carpets for any of the public buildings or officesunder ayappro priations herein prowded, they shall be o domestic manufacture. Mr. Chairman, I think that we have gone far enough in the purchase of foreign carpets forour public buildings and Offices. Ye have bought ullyenouvh of such carpets for this Chamber. It is time ihat we should manifest some dispositionto encoura in this respect American manufactures. I believe that we should now declare by our legislation that American carpets are good enough for the servants of the people to tread upon. It seems to me that we 5 onld. long ago have inaugurated a reform in this respect.
Mr. KASSON. I have only to say that in reporting the appropriation embraced in this paragraph, it was not the intention of the ComAppropriat to include anything for carpets; and ll am afraid that this proviso, if adopted, will occasion a necessity for an additional item in a deficiency bill next year.
Mr. GRINNELL. I have only to say, in reply to my colleague, that the bil does inention carpets; and therefore the amendment is prtif erl
Mr. KASSON. As an amendment to the precedin para raphs of the bill, it would be out of order. supposed that it was offeredas an amendment to t 15paragraph.
The CHAIRMAN. It is onlyiii order as an amendment to the pending paragraph.
Mr. GRINNELL. I had the sanction of the chairman of the Comappropriat in presenting this amendment, and I supposed that of course it was in order.
The CHAIRMAN. The Chair sustains the amendment as an amendment to the pending paragraph. Does the gentleman insist upon the amendment?
Skip Skip On agreeing to the amendment, there were, 1 1 on a divisionayes 30, noes 34; no quorum. voting. The CHAIRMAN, under the rule, ordered" tellers; and appointed Mr. Gawain, and Mr. WASHBURNE of Illinois. The committee divided; and the tellers reportedayes 52, noes 40. So the amendment was agreed to.
Mr. SPALDING. I move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Pounaov reported that the ComWhole on the state of the Union had had under consideration the Union generally, and particularly the bill (H.R.No. 86) making additional appropriations and to supply deficiencies in the appropriations for sundry civil expenses of the provernment for the fiscal year ending the 30th of June, 1866, and for other purposes, and had come to moon clusion thereon. The hour of half past 4 oclock p. m. having arrived, the House, agreeably to order, took a recess until half past 7 oclock p. m. EVENING SESSION. The House reassembled at half past 7 o clock. m., Mr. Romans occupying the chair as Spea or protemporc. The House, a eeabl to order, resumed, as in ComWhole, the consideration of the Presidents annual message. RECONSTRUCTION.
@@@IN SENATE SENATE. FRIDAY, February 16, 1866. Pra er by Rev. WILLIAM ADAMS, D. D., of NewYork. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The PRESIDENT protempera laid before the Senate a communication from the AttyGen, transmitting, inanswer toa resolution of the Senate of Januar 17, information relative to the case of the U.S. or The city of SanFranciseo; which was ordered to lie on the table, and be printed.
Mr. FOOT. In pursuanceof the concurrent resolutions of the 2 Houses of Congress adopted on the 12th instant, the chairmen of the JtCommee of arrangements on the me morial exercises of the late POTUS, Abraham Lincoln, have placed a certified copy of said concurrent resolutions in the hands of Hon. George Baneroft, and have requested Of him a copy of his address on the occasion referred to for publication, as will apear from the following correspondence whiche i move be read, laid upon the table, an printe.
The PRESIDENT protempera. The letters will be read, if there be no objection.
The Secretary read, as follows: Tn! CAPITOL. WABHNGTON. Febnmru 13, 1866. Sin: We have the honor to present to you an official copy of 2 concurrent resolutions adopted by the Senate and HoRep on the lZt instant, expressln gtho than n of comrrcssfor the n propriate memorial address delivered by you on to ifc and servicesof Abraham Lincoln. late POTUS and instructin us to request from you a copy of the addressfor publicstion. Havmg shared the highgratification of beans! the address. wetake pleusurc. in accordance with the second of the concurrent resolutions. in requesting you to furnish a copy of the addressfor publication. We have the honor to be. with Very great respect, your obedient servants, SOLOMON FOOT. innaw on tlwpart of the Senate, E. B. WASHHIRNIL (Tb –airman on the pod qf the horn. To Hon. Gnosus Biscaorr. Wassrsoros, D. o., February 14. 1866. Gssrnnns: I have receivedyour letter ofyostor day and a copy of the 2 concurrent. resolutions of congress to whichyourefer, The thanks of the Senate and HoRep. for the performanceof the duty assilgnc me I value as every distinguished honor, and shall cheerfully furnish a copy of the adIdress for publication. remain, gentlemen, very Imcflrcly yours, GEORGE BANCBOFT. Hon. SQLOIOI Foor, Chairmanon the part of the Senate. Hon. E. B. Wnusuaxs, Chairmanonthepart of the home. REPORTS OF COMMITTEES.
Mr. CLARK, from the ComClaims, to whom was referred the report of the Court of Claims in favor of the claim Of Sarah Weed, reported adversel thereon. Mr. ANTHOL Y, from the ComClaims, to whom was referred the petition of Jerome B. Pillow, praing for compensation for cotton alleged to have been taken and appropriated by the officer in command of the U.S. forces at Helena, Arkansas, on or about the 12th of July, 1862, submitted an adverse report; which was ordered to be printed.
Mr. MORRILL from the ComDistCol, to whom was referred a bill (S.No.90) enlargin the powers of the levy court of the county of ashington, in the DistCol, reported it with an amendm ent.
Mr. KIRKWOOD, from the ComPubLands, to whom was referred a bill (S.No.37) making agrant of lands in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in Arkansas, reported it with amendments.
Mr. CHANDLER, from the ComCommerce, to whom was referred the bill (H.R.No. 184) to authorize the sale of marine hospitals and revenue cutters, reported it without amendment. THOMAS P. WILSON.
Mr. CHANDLER. The ComCommerce, to whom was referred the petition of Thomas F. Wilson, U.S. consul at Bahia, Brazil, praying for compensation for losses sustained by him in consequence of his being compelled to abandon the consulate by the action of the Brazilian Government, have directed me to report a bill for his relief, and I will ask the unanimous consent of the Senate to consider the bill at this time. It will lead to no discussion, and I can explain it in one moment. By unanimous consent, the bill (S.No.146 for the reliefof Thomas F. Wilson, late U.S. consul at Bahia, Brazil, was read twice by its title, and considered as in ComWhole. It directs the SecyTreasury to pay him $1,500 in full compensation for the loss of his personal effects in consequence of bein compelled to abandon his consulate and residence at the time of the cap ture of the pirate Florida at Bahia.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a3rd readin, and was read the 3rd time.
Mr. ARRIS. I should like to hear some exlanation of this bill.
Mr. CHANDLER. I will give an exlanation if any Senator desires it. This Mr. ilson was consul at Bahia at the time the irate Florida was cut out by the Wachusett. H; was on board the Wachusett when the ca ture took place, and in conse nence of the achusett being fired upon by the brazilian fleet, he was carried out to sea, and that night a mob assembled and destroyed his residence, his library, his personal effects, and his clothing, all of which amounted to some 15 or 1700 dollars. He has never been able to return to recoveranything. The ComCommerce deem its fair and just and equitable claim on the Government, and have recommended the sssage of the bill.
Mr. GRIS. It occurs to me thatthis bill had better have a little further consideration. If we attemptto pay for the destruction of property of citizens of this country done by mobs, we may find ourselves compelled to pay a great deal o money from the publicTreasury. This may be simply the entering wedge by which we shall part With a lar o slice of the public money.
Mr. CHANDLE. I submitto the Senfrom Iowa that this is the only case of the kind that ever has occurred, or that probabl ever will occur. This is the only pirate Floriathat was ever cut out of a foreign port and taken 03 the high seas while she was destroying our ship ing by millions of dollars. This consul proved himself to be brave, ener etic, active, prompt, the man for the place. e did his whole duty in my judgment. I was notgoing tosa a wor in explanation of it, because the bil almost explains itself, and I hoped it would pass unan imously. I hope now that it will.
Mr. GRIMES. Is there any report accompanying this bill?
The PRESIDENT protempore There is no written report, the Chair understands.
Mr. GRIMES. It seems to me, when we are oing to establish a precedent as important as this may be, that we should have at least awrit ten report, so that the specific facts may be put upon the record that we may know when we are to depart from it in the future and when we ought in strictness to adhere to it. I do not like to vote in favor of the passage of such a bill as this. I do not know whatt e particular facts are. I understand the genera facts as stated by the Senfrom Michigan. Those general facts might compel us to ay for the estruction done by mobs in Wasington or Baltimore or NewYork or elsewhere.
Mr. CLARK. I think the Senate should be very careful indeed before they establish a precedent like this. It is said by the Senfrom Michigan that this is probably the only case of the kind that will ever occur, but I think that I could state to him a great many analogous cases. Let me state to him one now. A woman in the vicinity of Norfolk had a place called Ocean View, 3 or 4 years ago, at the time Nor folk was taken. She gave to the Union commander very important information which led to the capture of Norfolk. The next day or 2 the rebe s burned her house down and destroyed the house and everything there was in it, and she was turned out of doors with 6 little children. She makes her application now to Congress to pay for that property which the rebels destroyed. That was but an armed mob. Can we do it? The committee would be very lad to see the ground on which they can go, But they have not been able to discover it. They are considering anxiously whether they can or not. It seems to me that is an analogous case. I think we had better not set such a recedent as this hastily. There may be merit in it, but before we pass this bill and make a precedent, let us be sure that we ct upon a ground upon which we can stand an which will coveral these cases. I do not know that I shall be opposed to this bill in the end, but we certainly o want a little more time for consideration in regard to it. I hope it will not pass at the present time, and I suggest to the senator that he had better let it be over.
Mr. CHANDLER. I do not desire to press it if Senators wish to examine it. I think it is a perfectly clear case. I will let it lie over.
The PRESIDENT protempore The bill will be laid aside. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.147) to modif the act entitled “An act to prevent the sprea of foreign diseases among the cattle of the U.S.;” which was read twice by its title, and referred to the ComCommerce.
Mr. DIXON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.148) to prevent the perversion of the mails to fraudulent and illegal purposes; which was read twice by its title.
Mr. DIXON. This bill involves some questions which will ultimately require legal a revision and examination of the ComJudiciary, but I nobvmove that it be referred to the ComPostOffices, and that the bill, with certain papers which I present with it, be printed. The motion was agreed to.
Mr. TRUMBULL asked, and by unanimous consent obtained leave to introuce a JtResolution (S.R. No. 31) manifesting the sense of Congress toward the officers and seamen of the vessels, and others, engaged in the rescue of the officers and soldiers of the Army, the passengers, and the officers and crew of the steams i SanFranciseo from perishing with the wrec of that vessel; which was read twice by its title, and referred to the ComMilAffrs . MARY C. HAMILTON.
Mr. LANE, of Indiana. There are 2 or 3 pension hills which can be passed without the slightest opposition in 5 minutes, and they may as well be disposed of. I move to take u Senate bill No. 66, for the relief of Mary CI.) Hamilton. The motion was agreed to; and the bill (S.No.66) grantin a pension to Mary C. Ham. ilton, was considered as in ComWhole. Itproposes to direct the SecyInteriorto placethenameof mrs. Mary C. Hamilton on the pension rolls, at the same rate of pension allowed her under the not passed for her benefit, and approved June 3, 1858, payment to commence from and after the expiration of the term created by that act, and to continue for and during the term of her natural life.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. SARAH FITZGIBBON.
Mr. LANE, of Indiana. I now move that the Senate take up the bill No. 82. The motion was agreed to; and the hill (S.No.82) granting a pension to Sarah Fitz by ban was read a 2nd time, and considere as in ComWhole. Its purpose is to direct the SecyInterior to place the nameof sarah Fitzgibbon, widow of T omas C. Fitzgibbon, late major of the 14thMichigan volunteer infantry, upon the pension rolls, at 25 dollars permonth from the lat day of May, 1865, subject to the limitations and restrictions now imposed by existing pension laws.
Skip Skip The bill was reported to the Senate without amendment, ordered to be engrossed for a 3rd reading, and was read the3rd time, and passed. PENSIONS TO ARTIFI CEBS.
Mr. LANE, of Indiana; Ine w move to take up Senate bill No. 116., The motion was agreed to; and the bill (S.No.116) to extend the benefit of the pension laws to artificers was read the 2nd time, and considered as in ComWhole. It provides that all persons either mustered or detailed as artificers in any branch of the service of the U.S shall be placed upon the pension rolls, under the same limitations and requirements as privates now are under the present pension lawseight dollars permonth.
Skip Skip The bill was reported to the Senate without amendment. I
Mr. FESSENDEN. should like to have that explained.
Mr. ANE, of Indiana. The object is just this: the ComrPension has deter mined by a decision that artificers in the service are not entitled to pensions. This bill only provides that those who are mustered in as soldiers or artificers and are afterward detailed and killed in the service shall be ent. tled to onsions. Under the law as it existed hereto ore, an artillery regiment was entitled to, for instance, a blacksmith, who was called an artificer; and if he is killed in service, this bill embraces him. That is the whole of it.
Mr. DOOLITTLE. Was he a soldier? 1866. 875
Mr. LANE, of Indiana. He must be an enlisted soldier before the bill can a ply to him.
Mr. FESSENDEN. I should li e to have the bill read again. The Secretary again read it.
Mr. HOWE. I should like to inquire of the chairman of the ComPensions whether there is any objection to amending the bill by inserting “wagoners” after “artificers. ”
Mr. LANE, of Indiana. Yes, sir, there is eat objection. wa oners are not mustered into the service as soldiers at all5 they are in under contract, and we thought we could not provide for wagoners. We had that question up. These are soldiers mustered or etailed as artificers; they fall within the spirit of the law but not within its letter, and we think they ought to be embraced, but we think great objection would apply to making wagoners pensioners. They were in under contract, and were not soldiers.
Mr. HOWE. I think they Were enlisted under the act of 1861. The act provides for enlisting them, one to each company, I think, as wa oners. They are subject to the same discip us the same obligations as other privates, and receive the same pay, I think, but I am not certain aboutthe pay. The Commissioner has expressed to me precisely the same opinion about wagoners as is now stated to be his opinion as to artificers.
Mr. LANE, of Indiana. The committee had the whole subject under consideration, and thoughtjt better not to embarrass this bill by any provision on that point. The committee thought this bill was clear as far as it went, and ought not to be embarrassed with other questions. Wagoners stand in a different relation from artificers. The quartermasters dept has been in the habit of hiring 100s of we oners who ran all these risks and were not soldiers. There may have been some soldiers who were detailed as wagoners, and rob ably they ought to be embraced, but am clearly of opinion that any provision on that subject should not be attached to this bill. As far as the bill goes it raises no new question under the pension laws.
Mr. HOWE. But do I not understand that this bill provides for artificers enlisted and not detailed?
Mr. HOWE. Now, if “wagoners” he inserted in this bill after the word “artificers, ” it would not cover the case of wagoners who are employed by uartermasters on wages, but it would only app y to enlisted wagoners.
Mr. LANE, of Indiana. I do not know that there would be any objection to that, but I should prefer to have the committee look into the matter, because they once determined ainst includin wagoners, and I should not 1i e to decide the question in the Senate on the mere (iferin of an amendment here.
Mr. FESSENDEN. The principle hasal ways been against allowing pensions for services not strictly military, and if we once depart from this principle there is no knowing where we should end. It may be that these persons come under some military division. If so, there would perhaps be no objection to including them within the pension laws; but the proposition ought to be very carefully examine. If we once begin to give pensions to any class not strictly military, there is no knowing where it will end.
Mr. HOWE. But the Senator will allow me to say that Congress has already made these services strictly military, because it has provided for enlisting one wagoner to each company.
Mr. FESSENDEN. But I should like to have the matter examined by a committee, that we may see exactly how the case stands.
Mr. HOWE. It is so much more convenient to include the case in this bill, that I wish the Senfrom Indiana would take it into consideration.
Mr. LANE, of Indiana. There were a few enlisted men detailed as wagoners from spe pual regiments during the war, but to every one such there were 20 who were never detailed at all, but simplyhired by the quartermasters Dept. I think we ought to have a separate bill if we intend to include wagoners.
Mr. HOWE. The Senator does not understand me. I am only talking of those who were enlisted and mustered in as wagoners, instead of bein mustered in as privates.
Mr. LANE, of Indiana. I should greatly prefer to have the committee look into the whole matter, and brin in a bill to cover the case, if it is to be provided for, because to insert the term of “ wagoners” here may perhaps include 40,000 persons empioyed (Iming the war.
Mr. HOWE. It will cover just one to each company.
Mr. LANE, of Indiana. One in each company of infantry was enlisted under a certain aw, but in addition to that the quartermasters have been in the habit of hiring as many wag oners as they chose, for transportation. Why make a distinction?
Mr. HOWE. I am trying to make the senator understand that if the word wagoners is introduced here it will only cover the cases of those who are enlisted and mustered. It would not cover the case of wagoners employed by the uartermasters Dept. The law provide for enlisting one wagoner to each company. They have been enlisted and have been mustered; but the ComrPension holds thainasmuch as wagoners are not named specifical y in the pension laws, therefore he cannot grant them pensions; But they are subject to the same discipline, subject to the same exposures, to the same accidents, and to the same sufferings, and incur the same disa bilities as private soldiers, and they have the same claim on the gratitude and support of the Government. However, I cannot hope to force this amendment on the bill against the o posi,tion of the chairman of the committee. 7 wish he would consent to allow the bill to lie over that this question may be considered. I am satisfied that if he did consider it, he would consent to put in here the provision that I have suggre. stLeAd. NE, of Indiana. In order to make this matter a little more certain, I move to amend the bill by inserting in the 3rd line, before the word “detailed, ” the words “havingdbeen mustered shall have been, ” so as to rea: All persons either mustered or having been mus tered shall have been detailed as artificers, kc.
Skip Skip The amendment was agreed to. Skip Skip The bill was orderengross for a 3rd reading, and was read the time and passed. ADJOURNMENT to MONDAY. On motion of Mr. TRUMBULL, it was Ordered. That when the Senate adjourns today, it be to meeton Monday next. COURT OF CLAIMS.
Mr. TRUMBULL. I move to take up the bill in reference to the Court of Claims, which was under discussion the other day. The motion was agreed to; and the consideration of the hill (S.No.33) in relation to the Court of Claims was resumed as in ComWhole. The bill was reperted to the Senate, and or dered to be engrossed for a 3rd reading; it was read the 3rd time, and passed. JAMES BAWDIN. On motion of
Mr. HARRIS, the bill (S.No.142) for the relief of James Bawdin was read the 2nd time, and considered as in ComWhole. On payment to the U.S. of $1 25 peracre therefor, it is provided that the ComrGLO Office shall cause a patent to be issued to James Bawdin for that tract of land lying and being at Ele Harbor, on Lake Superior, situate upona the north part of section number 6, in township number 58 nortlhili of range number 30 west, in theSault Ste. arie land district, State of Michigan, containing about 6 and 54/100ths acres of land, being all that part of the lands known as the lighthouse reservation at Eagle Harbor, which lies east of the dotted line marked “S. 86 45 E. 12. 76 chains, ” as shown on the plat of “ Bawdins survey” of the reservation in the office of the ComrGLO, except so much of the lands as may be required for the use of a road 4 rods wide, from the light, house across the 6 and 5400ths acres to the waters of the harbor, as the same is now laid out and used for that purpose. The act, however, is only to be construed to be a relinquishment of the title of the U.S and is not to interfere with the rights of 3rd persons.
Mr. HARRIS. Since this bill was reported I have ascertained that the petitioner has died. I move therefore to amend the bill byinserting before the name of the party the words “the heirs of.”
Skip Skip The amendment was agreed to. the billwas reported to the Senate as amended, and the amendment was concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. Its title was amended to read, “Abill or the relief of the heirs of J ames Bawdin, INTERNATIONAL OCEAN TELEGRAPH. On motion of
Mr. SHERMAN. I think that this is too important a bill to be passed at this time when the morning hour is just expiring. I male that it be ost oned. he RESIDING 0mCER, (Mr. PolIROf in the chair.) It is the dut of the Chair to announce that the morning our has expired, and to call u the special order for one oclock.
Mr. CHANDLER. I suggest that the vote be taken on this bill. “
Mr. SHERMAN. I want to read the bill; it proposes to remit duties and to give an exclusive right to certain individuals.
Mr. CHANDLER. Do I understand the Senator as desiring further time for exami nation?
Mr. CHANDLER. Very Well; let the bill go over. APPORTIONMENT of REPRESENTATION.
The PRESIDING OFFICER. The special order is the JtResolution (H.R.No. 51) proposing to amend the constitution of the U.S. upon which the Senfrom Indiana is entitled to the floor.
Mr. FESSENDEN. Allow me to ask the Senator if he heard the explanation which I gave?
Mr. HENDRICKS. I did, and I am going to speak of that. This is an extraordinary committee to consider just one question, and that is the question whether the southern States ought to be represented in this Hall and in the Hal at the other end of the Ca itol. That committee has not been authorize by the Senate and HoRep to inquire into any other subject, as I said. Upon that subject they may report by bill or otherwise. How is it t at, passing from that subject, the committee has reported 2 amendmentsto the constitution 11 n subjects not referred to them?
Mr. FESS NDE. The Senator is very much mistaken. Allow me to explain; I do not wish to interrupt the Senator except to explain. The committce did not take that view of its powers. To be sure, by the original res ululinn under which the JtCommee was appointed, the limitation was precisely as the Senator oxproasesit; but it was a JtCommee, and the HoRep proferred the resolutions originally offered by one of my colleagues [Mr. BLAINE] to that committee. Now, sir, it is a wellestablished prin ciile in business here, that however a committee maybe raised it can report upon any subject that is referred to it, for that is a new commission, so to speak; and that subject being Specifically referre to the committee they understood that it was their duty to report upon it; and it being aJtCommee, and each House making its reference, the committee supposed, and I as an individual supposed, that it was properor at least competent for the committee to report to either branch; and it was thought best to make the report at the same time to both branches. That is a quasition as to the right or duty of the committee under the reference, which might be decided if there was any occasion to decide it. I make this on lanation to show what view the committee o 15 took of it. As to the other rert which was made of a JtResolution, a low me to so that it was made 5 cifically the duty of the committee to inquire into and report upon that subject by a resolution which was offered by the Senfrom Missouri, [Mr. Bnowx]and which was adopted by the Senate.
Mr. HENDRICKS. Mr. President, I understood the facts precisely as the Senator has stated them; and if this were a committee of the Senate, or exclusively a committee of the House, his view of the subject would. be right perhaps; but I suggest to him that if committee of this body are to consider of the business of this body alone, has a defined jurisdiction, and the body inadvertently refers to that committee some subject that does not come within that jurisdiction, it is the custom of the committee without consideration of the subject to report it back to this body that it may go to the appropriate committee. But, Mr. president, this is not a committee of the Senate; it is not a committee of the House; it is a committee to represent both bodies upon a subject common to 0th, not a subject over which there should be the separate action of the 2 bodies, and therefore the House cannotadd to the jurisdiction of a JtCommee, nor can the Senate alone add to the jurisdiction. It being a committee representing both bodies, origi nated by a JtResolution and its jurisdiction defined, that jurisdiction can only be enlarged by aJtResolution.
Mr. FESSENDEN. The practice of the Senate is the other way every day. Take the case of the JtcomLibrary. Matters are referred by each body to the Library Committee which are entirely outside of the Library itself, or anything connected with it; but being referred by each House to that committee, which is aJtCommee, a report is made by bill or otherwise to enchbrnnch. I have been a member of that committee, and know this to be the everyday practice.
Mr. HENDRICKS. If that be the every. day practice of the Senate, to which propositiondo not a rec.
Mr. FESSENDEN. it is the fact at any rate.
Mr. LANE, of Indiana. Does my colleague want an answer now?
Mr. ANTHONY. Will the Senator allow me a moment?
Mr. ANTHONY. I make it a rule never to interrupt a Senator, and I would not now interrupt the Senator if I did not know he was the most goodnatured member of the whole bod. Ml. EELaNuDghRteInCe S. I am much obliged to the Senator.
Mr. ANTHONY. I do not propose to go into the argument at this time, but I wrsh to say that there never has been a time since I have been familiar with public atfairs when the protection on manufactured articles was so small, when the duty upon the forei article compared with the excise duty upon tedomestic article was so small asitis todny. On many manufactures the excise dutyis lar er than the importdutics.
Mr. HENDRICKS. The Senators proposition upon its face may be so; I have not examined during this session the details of the revenue laws; but the importer pays his tax in gold and the manufacturer pays his in paper. aking the schedule, I have no doubt the proposition of the Senator is true as to some articles, but takin the whole of the manufacturing interest of the count, I think it is not true.
Mr. ANTHON. I will say further, and it is the last time I shall presume on the induI gence of the Senator, that the manufacturer pays the excise dutyin aper, but he pays it at the time when he manu actures the article. The importer pays the duty in gold, but he puts his goods into warehouse and pays the duty at the time that is most convenient to him and most embarrassin to the domestic producer.
Mr. HENLRICKS. I do not think there is any point in the remark of the Senator. I think the manufacturer pays his tax when he puts his goods upon the market. Is that not so?
Mr. HENDRICKS. Does he pay his tax before he desiresto sell his goods?
Mr. ANTHONY. He does in some cases, not before he desires to sell them, but before he can sell them.
Mr. HENDRICKS. Very true. I say when he proposes to put his goods upon the market he pays his tax, and the importer when he proposes to put his goods upon the market pays his tax.
Mr. ANTHONY. The manufacturer pays his tax before he puts his goods on the market. He has to pay his tax as e manufactures the goods, eve month.
Mr. HENDRICKS. Of course he has to ay his tax before he puts his goods in market, because he cannot sel until he pays his tax, nor can the importer sell his goods until he pays his duties. He cannot take them out of the bonded warehouse until he pays his duties.
Mr. SPRAGUE. Permit me to state that there are manufacturers in this country who have paid their tax a year prior to the time they sold their goods; that there are cases where there have been 5 or 6 taxes paid to the Government on domestic goods 6 or 7 months prior to the time the manufacturers sold them. That is common, and ktlown to the manufacturing and business interests all over the country.
The PRESIDING 0FFICER, (MI. POMEROY in the chair.) Order must be preserved in the llcries.
Mr. LANE, of Indiana. Will my colleague permi me a moment?
Mr. LANE, of Indiana. Is not the power of the State to prescribe conditions precisely the some in regard to all citizens, whether white or black?
Mr. HENDRICKS. That is not the quwtion I am discussin. It has not been a question in dispute whet r the State had control of the elective franchise. It is absolute and perfect, and the exercise of it in the State of Indiana is in regard towhite peolo. We so that when a foreigner comes to Indiana, after he has been in this country 12 months and in the State a certain length of time, he shall vote, because the people see fit to say so; and they could, in the exercise of their power, have said 3 years instead of one. I do not dispute that the State has the control of the entire question. I believe I have answered my colleague. My colleague in support of his proposition that we must allow all men to vote, reads from Kent, that the colored people when manumitted become citizens, and I read the rest of the sentence, that they become citizens under such disabilities as the State may choose to prescribe. The difference between my colleague and m self is this: that I think the State as the right, she may at her pleasure discriminate when she comes to give 1 e elective franchise, between the white men and the colored men, and I am in favor of the discrimination as she has made it.
Mr. YATES. I wish to address this question to the Senfrom Indiana: whether, if I, as a citizen of Illinois, shall remove to Indiana and make my domicile there, there is any power in the Legislature of the State of Indiana to disfranchise me entirel? I admit that it can impose qualificationso residence; but is there power in the Legislature of the State of In jana to disqualify me entirelv, to exclude me from the franchise forever? That is the question.
Mr. HENDRICKS. Mr. President, if the distinguished Senfrom Illinois should ever come to the State of Indiana, I have no doubt that he will be treated by the people of the State with all the courtesy that his high position in the country rearms, and which c is entitled to. I do not t link there would be any disposition in exercising the powers of the State to disfranchise an white man.
Mr. WADE. But snp ose the State governments stood intact; then how came the power in the President? Suppose his doctrine is true; that the State governments already existed as soon as eace was established.
Mr. HENDRIKS. I am not sure that the President ever said that the State governments already stood in their properposition. I rather think that the Senator has used a word that the President did not.
Mr. WADE. I will ask the Senator what his doctrine is upon that subject.
Mr. HENDRICKS. I thought you referred to the opinion of a more important person. I misunderstood the Senator.?
Mr. WADE. Because it would not do for the POTUS to set upprovisional governors in Indiana, Ohio, or any other State that had not seceded. Why is it that he has the power to do itin these southern States if they occupied the same position when the war was over as they did before?
Mr. HENDRICKS. It is very clear that the President cannot appoint a governor in Indiana nor in Ohio, because those States are in a perfect state of organization. A war has not disturbed the State organization. But I the President holds, and if it I think it is true, t a Stateas a State cannot cease to exist. There may be a government de facio for 4 years, an when the government de jure returns it is established, and it then simply wants the organization, the machinery, and for the temporary purpose of enabling the people to act, the president furnishes them a provisional governor. Under this power I think the President was justified in a pointing these governors, to enablethe people to fully organize and set in motion the State governments and place the States in all respects in properrelation to the Federal Government.
Mr. HOWE. Will the Senator allow me to ask him a single question, if it is not going to embarrass him?
Mr. HENDRICKS. Certainly. If I find it is embarrassing, I shall npt answer it.
Mr. HOWE. Upon this point I have been extremely anxious to have some Senator explain what necessity there was for reorganizing what the Senator calls the government of one of those States. Take the State of SCarolina. What was the matter with the government of that State that it had to be reorganized? She having n Governor and her judges, having all the officers belonging to the government or a State, what was the necessity for reorganizing it? h
Mr. HOWE. The Senator does not quite touch the point. What I want to know of the Senator is, what necessity there was for setting aside, for instance, Governor Maginth. who was elected by the people of SCarolina, I do not recollect in what year, perhaps in 1863 or 1864, and authorizin the same people to elect a new Governor? as the Senator any reason forsilig that the people who elected Mr. Orr to lie Governor of SCarolina in 1865 were dissatisfied with the election which they had made a short time before of Mr. Macrath. If they were not dissatisfied, where was the necessity for the President to authorize the same people who had elected Magrath to elect anew governor?
Mr. HENDRICKS. That is not precisel upon the point I am discussing; but I shal attempt to answer the Senator. Governor may grath was a part of the political movement establishin asouthein confederac.
Mr. HOWE. Now, what was he guilt, the name given to the crime which that involved him in, and what was the legal punishment for it?
Mr. HENDRICKS. I am not discussing that question. That question the Senator knows very well goes before the courts. I might ask the Senator whether there can be treason after belligerenc is recognized; butIam not going to be calle off, and it is not fair, allow me to say, to try to divert a Senfrom his argument by asking him something that may be regarded as sharp. It has nothing to do with the question.
Mr. HENDRICKS. I will. not be interrupted further. Whether Governor may rath was a traitor or not has nothing to do with the question as to whether the constitution of north arolina is now valid. I am always willing and very well pleased to have Senators interrupt me in the few remarks I occasionally make, but I want it to be upon the subject I am discussing. That is fair to me; it is fair to the subject.
Mr. CLARK. Will the Senator allow me to interrupt him right upon the point, if I understand it?
Mr. HENDRICKS. Certainly., Mr. CLARK. I understand tcSenator to say that though the act of the President appointing provisional governors might not have any special validity, yet when the people of a State acted upon it by electing a legislature and Governor, it would be a valid act of the people. I want to inquire how it was that after the people had elected o. Governor in some of these States and elected a Legislature, the President still, in defiance of what the people in those States had done, kept the provisional governor in power and refused to recognize tlhe Legislature until they had done certain t inws.
Mr. HENDRICKS. That is not the question I am discussing either, Mr. President.
Mr. CLARK. Then I misapprehended the question.
Mr. HENDRICKS. The Senator did misapprehend the question. If the POTUS attempted to control the acltion of the Legislature where the Legislature was fully organized, and after the people had elected their Governor pursuant to his plan, it was an act which he was not justified, in my judgment, in doing under the circumstances.
Mr. HENDRICKS. It is; nothing but an opinion. No doubt he thought whatever he did was right. I say the President had a right to do what was necessary to be done to place the people, in their disor ganized condition, in a position to continue the State of NCarolina as a State and place it in properrelations with the U.S. Then the States had to be placed in properrelations to the Federal Government, and the President has attempted to do that. NowI do not care about the Senator answering now, but at his leisureI will ask the Senfrom Wisconsin this question: if the President could not confer an legal power upon the provisional governor, an the provisional governor without any legal authority called a convention, and the people responded, by electing delegates and the delegates made a constitution which the people indorsed, is that not avalid constitution? Mr. HOWE. I should like to answer the question now, if the Senator would prefer it.
Mr. HENDRICKS. Very well; 1 have no objection.
Mr. HOWE. If that was aStatein which that thing was done like the State of Ohio and the State of NewYork, where the people have prescribed in their organic acts when and how their constitutions may be altered, and the POTUS had interfered, and in defiance of the revisions of their organic act had summoned the people, or a partl of the people, to form a new constitution, and set up a new government overthrowing the ex:l istin one, I should say it was utterly illegal, hat is my answer. utter y void, and revolutionary. That is what I should say if SCarolina was such a State as these. I do not say these acts are to be characterized in that way, because I say SCarolina was not a State.
Mr. HENDRICKS. The Senator is known to us all as quite as clearheaded a gentleman as we could find anywhere, and it is astonishing that it requires so many “ ifs” to answer a straight question.
Mr. SHERMAN. I would like to ask the honorable Senator a single questionwhether hcthiuks it is an unreasonable demand for us, who arethe victors in the contest, to so to them that wcnre willing to letthem come bac into the Union on precisely an equal footing with our selves, man for man, woman for woman, child focchild. All we proposeto an to them is, that if by their law the will exclu e from all political power a race who have aided us, we Will not allow them to exercise political power for that race. That, as I understand it, is the whole question. Now, I ask the honorable Senator to say whether he thinks that is a hard condition to impose on them in coming back into the Union 1 I
Mr. HOWARD. I ask the Senfrom Indiana what measure it is for which I have voted or spoken that he refers to. I certainly presented a resolution in this body recommening respectfully to the POTUS that he should put JeffersonDavis and others upon trial, not for treason, but for the crime of assassinating the late POTUS, becausethe SecyWar in an official report made to the President states expressly that he stands in that Dept charged with the crime of inciting that assassination. Now, I. they know the war? sir, I ask the Senfrom Indiana whetherhe " would or would not, if it were in his power, put JeffersonDavis and his accomplices upon trial for that atrocious crime;t. nd if he would not, upon what ound it is that he has the assurance to charge other honorable men on this floor with thirsting for blood, more blood, a cry that is too ridiculous to receive any further answer.
Mr. HENDRICKS. It the Senfrom Michigan is throu hIwill answer him. If I were an officer of the Government upon whom the responsibilit of deciding the question was thrown by the aws, and there was evidence before me that JeffersonDavis had been uilt of the offense of which the Senator spetfits, should certainly order him to be put upon trial, if I had the authority so toorder, be ore some court that had jurisdiction of the case; and if I am now discussing the v, thought. l the penalty was death, found by a court having;jurisdiction. I should feel it my dut, and as E pleasant a duty of that sort as the ow could, impose, to see that the penalty was executed.
Mr. HOWARD. Upon What ground, then, does he charge other Senators who have supported the measure to which I have referred with merely thirsting for more blood? If that ishis opinion; if he is willing to take blood, and would take it with pleasure, as he says he would, upon what ground does he make it a matter of reproach against others here that they would do the something?
Mr. HENDRICKS. The Senator has used one word that is not for the Senate, and if he were twice as old as he iIs would throw it back to him. He asks upon whatgrounds I have the assurance to say a thing. Sir, I do whatever I think is right here, and in respect to it the senator cannot use the word “ assurance.” [Applause in the galleries] He is not entitled to do so. [Renewed applause] Do not let him dictate to me. I have treated this subject fairly, and if he does not want to be included among the Senators who have asked for blood I exclude him from that category. I have made my remarks now to my colleague; I have been discussing my colleacues proposition, which I read and I will ren it. strain. The question which my colleague asked it! his argument, and which he answered for himself, was this: “But. Mr. President. Gentlemen ask us, when shall the States be restored? ot by my vote until all these constitutional guarantees are placed utterly beyond all recall: not until the lending traitors in this rebellion shall have been punished and shall have met. the felons doom.” The fclons doom is death, and this Union is not to be restored until that work is donel
Mr. LANE, oflndiana. Will my colleague pardonme for interrupting him for a moment?
Mr. LANE, of Indiana. My colleague surely does not intend to represent me as asking for the blood of the sefclons, except by a trial. I have never for a moment entertained such a I have no doubt whatever that a military commission has full authority to try them but without trial and without conviction, I should demand the blood of no man.
Mr. CHANDLER. MI: Presi cut, the Senfrom Indiana has arraigned me upon an old indictment for having written a certain letter in 1861. It is not the 1st time that I have been arraigned on that indictment of “blood letting.” I was 1st arraigned for it upon this floor by the traitor John C. Breckinrige, and I answered the traitor John C. Breckinridge, and after I gave him his answer he went out into the rebel ranks and fought against our flag. I was nrrai ned by another Senfrom Kentucky, and vother traitors upon this floor. I expect to be arraigned again. I wrote the letter, and Istand by the letter; and what was in it? What was the position of the country when that letter was written? The Democratic party, as an organization, had arrayed itself against this Governmenta Democratic traitor in the presidential chair and a Democratic traitor in every Dept of this Government, Democratic traitors preaching treason n on this floor and preaching treason in the Hall) of the other House, Democratic traitors in your Army and in your Navy, Democratic traitors controlling every branch of this Government. Your flag was fired upon, and there was no response. The Democratic party had ordained that this Government should be overthrown, and I, a Senfrom the State of Michigan, wrote to the Governor of that State, ” Unless you are prepared to shed blood for the preservation of this great Government, the Government is overthrown.” That is all there was to that letter. That I said, and that I say again, and I tell that Senator if he is prepared to go down in history with the Democratic traitors who then cooperated with him, I am prepared to go down on that “ bloodletting” letter and I stand by the record as then made. [Applause in the galleries.]
The PRESIDING OFFICER, (Mr. Poursor in the chair.) Order!
Mr. CHANDLER. What was the condition of the country when that letter was written? Sir, you had a band of Democratic traitors or auized in this town as the National Rifles drilling every night to Overthrow this Government by a mob. You had the Democratic traitor Buchanan in command ofyour navyard, where all your munitions of war were store. You had the Democratic traitor RobtELee in your War Dept at that very moment and new I am to be arrai ned here as a bloodthirst individual because whien these Democratic trai tors stood here in these Halls and proclaimed that this Government was overthrown, that the would not live with us in any event; because wrote to the Governor of my State that unless he was preared to shed blood for the reservation of tiis Government it was overt rown, now I am to be arraigned as oing down to be remembered in history! Ies, sir, I shall be remembered, and I am roud of the record. May it stand, and stand as ong as this Government stands. When that Senator and the men who coliperated with him shall have gone down to eternal infamy my record will be brilliant. [Applause in the galleries.]
The PRESIDING OFFICER. Will the senator suspend his remarks? The Chair has repeatedly called the galleries to order; and if applause or any demonstration of this kind be reeated, he will feel it his duty to clear the ga leries.
Mr. CHANDLER. I will take a future oc casion to respond to this bloodletting accusation. I did not expect to make any remarks this afternoon. I have risen merely on the spur of the occasion; but at some future day I shall ask the indulgence of the Senate to go on With this subject.
Mr. HOWE. If the Senfrom Illinpis will permit me to say a word, not interfering with the right of the Senfrom Illinois the floor, but simply to make an explanation of j a little matter that occurred during the remarks of the Senfrom Indiana.
Mr. YATES. I yield the floor for that purpose.
Mr. NESMITH. I ask my friendfrom Illinois to give wa to a motion to adjourn.
Mr. CONNESS. I wish to suggest that there is special reason for a short executive session, an I hope we shall be allowed to have one.
Mr. NESMITH. I withdraw my motion for that purpose. EXECUTIVE SESSION.
Mr. CONNESS. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FiuDAY, February 16, 1866. The House met at 12 oclock in. Prayer by Rev. Zacnsman Rams. The Journal of yesterday was read and approved. PRINTING or BILLS. On motion of
Mr. WILSON, of Iowa, it was ordered that bills of the following titles, here tofore referred to the ComJudiciary, be ordered to be printed: A bill (H.R.No. 141) to amend an act entitled “An not further to provide for the collection of duties on imports, ” A bill (H.R.No. 170) to amend the judicial system of the U.S.; and A bill (H.R.No. 289) to prescribe an oath for public officers and members of the bar, and for other purposes. PARIS INDUSTRIAL EXPOSITION.
Mr. BANKS, from the ComForAffrs, presented a communication from the SecyState, inclosing a dispatch of the American minister at Belgium upon the action of that Government in relation to the Industrial Exposition at Paris in 1867; which was laid upon the table, and ordered to be printed. WAR DEBT OF THE SEVERAL STATES.
Mr. GARFIELD, by unanimous consent, presented JtResolutions of the State of Ohio, relative to the assumtion by the General Government of the war debt of the several States.
The SPEAKER. That JtResolution was presented yesterday and referred.
Mr. GARFIELD. I thought it was objected to.
The SPEAKER. Only the reading of the resolution in ezlenro was objected to.
Mr. GARFIELD. Then I withdraw the JtResolution.
Mr. BLAINE, from the select committee on the war debt of the loyal States. reported back a bill to reimburse the loyal States for advances made and debts centracted in support of the war for the preservation of the nion in an amended form, and moved that it be recom initted. with accompanying papers, and ordered to be printed. The motion was agreed to. NEWYORK CONTESTED ELECTION.?
Mr. DAWES, by unanimous consent, presented certain papers in the NewYork contestedelection case of Dodgcvs. Brooks; which were referred to the ComElections. AUTHENTICATION OF CLAIMS.
Mr. LONGYEAR, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComInvalidPens be instructed to inquire into the expedicncy of so amending section threo of the not entitled “An act pleplementary toannot entitled An actto grant pensionsapprovedJuly 14, 1862a. pprovedJuly 4. 1 " so as to allow declarations to bemadeand testimony taken before officers duly qualified to administer oaths without. going before a court of record or some cflicor thercof having custody of the seal, in caseof physical disability of the claimant to go beforesuch court or officer. OETIYSBURG NATIONAL MONUMENT.
Mr. FERRY, by unanimous consent, introduced a bill to exempt the Gettysburg National Monument from duties and excises; which was read a 1st and 2nd time, and referred to the ComWays&Means. RECIPROCITY TREATY.
Mr. HUBBARD, of WestVirginia, by unan imous consent, presented JtResolutions of the Legislature of WestVirginia opposing the renewal of the reciprocity treaty with England, and askin that the duty on coal coming into the U.S. from the British Provinces or elsewhere, shall not be less than 2 dollars perton; which were referred to the ComWays&Means, and ordered to be printed. GEORGE llI. FAY and NAHUM PAY.
Mr. BIDWELL, by unanimous consent, introduced a bill for the relief of George M. Fay and Nahum Fay; which was read a 1st and 2nd time, and referred to the ComClaims. CHARTER OF WASHINGTON CITY.
Mr. BALDWIN, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComDistCol consider the expediency of repealin or amending the notapproved May 5, 1861. to amen an actto incorporatethe inhabitantsof Washington, and report by bill or otherwise. LINCOLN MEMORIAL. Mr. WASHBURNE, of Illinois. I rise to submit a privileged report. In pursuance of the concurrent resolutions of the 2 Houses of Congress on the 12th of Feb ruary instant, the chairmen of the JtCommee of arrangements on the memorial exer cises of the late POTUS, Abraham Lincoln, have placed a certified copy of said concurrent resolutions in the hands of Hon. George Baneroft, and have requested of him a copy of his address ontheoccason referred to for publication. as will apwearfrom the following correspondence, which I move be read, and that it lie on the table, and be printed.
The Clerk read, as follows: Tar. CAPITOL, WASHINGTON, February 13. 1866. Sia: We have the honor to presentto you an official copyof twoconcurrentresolutionsnxlopxted by the Senate and HoRep on toMt in stant, expressin the thankspf Congressfortheappro priate memoria addressdelivered by you on the life and servicesof Abraham Lincoln. late POTUS, and instructin “8 to requestfrom you a copy of the addressfor publication. Having shared the high gratification ofhenrmir the address. we take pleasure. in accordancewith the 2nd of the concurrent resolutions. iu requestingyou to furnish a cop of the addressfor publication. We have the ionor to be, with very great respect. your obedient servants. SOLOMON FOOT. Chaimmnon l nport of the Senate. E. B. WASHBURNE Chairman on the part of theyou“. To Hon. George. ucaoir. Wssmsoros. D. (1., February 14. 1866. Gtsrunlss: I have receivedyour letter of yesterday and a copy of the 2 conrurrent resolutions of Congressto which you refer. The thanks of the senateand HoRep for the performance of the duty nssi nedme I value asavery distinguished honor, and Is iall cheerfully furnish a copy of the address for publication. I remain. gentlemen, very sincerelyyours. GEORGE BANEROFL Hon. Soaoiios Foote. Chairman onlhc part of theSank. Hon. E. B. WASHBURNE, Chairman on the part of the House. The motion was agreed to.
Mr. WASHBURNE, of Illinois, moved that 20,000 extra copies of the oration and correspondence be printed for the use of the House.
The SPEAKER stated that the motion, under the law, would be referred to the ComPrintg.
Mr. ROGERS. I ask the Gentfrom Illinois whether he will allow the Dred Scott decision to be printed with it.
Mr. WASHBURNE, of Illinois. No, sir; I do not think that ought to be extended.
Mr. ROGERS. It IS a contest between the Supreme Court and Mr. Baneroft, and I would like the people to have both sides.
Mr. ASHBURNE, of Illinois. That has been decided and )nssed upon finally.
Mr. WEN IWORTH. The Dred Scott decision has gone with its author.
Skip Skip LEAVE OF ABSENCE GRANTED. Mr. ORTH moved that leave of absence be granted to his colleague, Mr. Hii. i., for ten days. There was no objection; and it was ordered accordingly. 1866. 887 BOOKS.
Mr. LAFFIN, from the ComPrintg, by unanimous consent, submitted the followmg resolution: Resolved, That there be published for the useof the membersof this House, by W. ll. 5:. Morrison, of Washington, 1000 copics of the book entitled “Memorial Record of the ations Tribute to Abraham Lincoln.” and published togetherwith the addressof Hon. GeorgeBaneroft delivered February 12, 1866:said publication to be in strict conforinit wi thsectiontive of net of Congress passed August 1. 1806which provides as follows: “If any books shall hereafterbeorderedto and re ceived by members of Congress, the price paid for the sameshall bededucted from the compensation herein be for heo provided That rstuhcihsmsheamllbneorotremxteemndbetors: books orderedto be printed by the Public Printer during; the Congressfor which said membershall be eleeted.
Mr. LAFLIN. This resolution has 2 obJects: 1st, that the publishers of the book in question may be enabled to ascertain how man of the members of this House desire the publication of this book at their private expense; 2nd, that the publishers of all books may be thus publicly informed that without repealing an act of Congress passed in 1856, it is not Within the power of the House to order for the use of its members any books, except at the private exease of members. Those of the members t rat desire the publication of this book at their privateexpense will of course vote in the affirmative; those that are opposed to it Will vote in the negative. I may state here that this has no reference whatever to the resolution that has just been introduced by the distinguished Gentfrom Illinois, [Mr. Wasnnea. i]
Mr. U SON. I would ask the gentleman whether this is reported for the 1st time, or on reference to the committee.
Mr. LAFLIN. It is in answer to a resolution of the Gentfrom Pennsylvania [Mr. Srnvess] which was referred to the ComPrintg. I move the previous question on the adoption of this resolution.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. AItDING, of Illinois. I call for the yeas&nays on the adoption of this resolution. The yeas&nays were not ordered. Mr. HARDING, of Illinois. Icall for tellers. Tellers were not ordered. The questionbeing taken on the adoption of the resolution, it was not agreed to. Mr. DAWES. mtRtv the House disagreed to the resolution, on the table. Agreed to.
Mr. UPSON. I rise to a question of privilege. I move that the House take up the contested election case inthestate of pennsylvania, Coffroth vs. Koontz.
Skip Skip LEAVE OF ABSENCE. Mr. DAVIS. With the permission of the Gentfrom Michigan, I ask leave of absence for 3 or 4 days. No objection being made, leave of absence was granted. PAYMENT FOR CAVALRY HORSES.
Mr. BROM WELL. I ask the Gentfrom Michigan to allow me to offer a resolution.
Mr. UPSON. I yield for the last time to the Gentfrom Illinois.
Mr. BROMWELL. resolution: Ruoliied, That the ComMilAffrs be instructed to inquire into the expediency of providing by law for the paymentto non-commissioned officers. musicians, and privntes who served in the volunteer cavalr service during the late warifor horsesfurnished y them to he Governmept and lost without fault of the soldier, particularly in the following cases: int, in cases in which during forced march, or treat or retracted on: ement, orskirmishinz, horses have ecu overcome y exorcuo and exhaustioSnec and, hinave easdeiesidniwnhciocnhsheoqruseenshcaev. Ebeen captured by the enemy without fault of the soldier, an when an agedin t a line of his duty. hlrd. ip cases in which horses were ordered by “mdm oflioorsto beshotor otherwisedestroyed I offer the following on account of intirmitios caused by overexerciseand exhaustion in necessary andproper service., and that said committee have leave to report by bill or otherwise.
Mr. THORNTON. I desire to make a suggestion to my colleague. This same subject was referred by a resolution heretofore introduced to the ComMilAffrs and reported back to the House and y referred to the ComClaims. The subject embraced in this resolution is now under consideration by the ComClaims, and I suggest to my colleague that he had bettersend his resolution to that committee.
Mr. BROMWELL. I will modify my resolution so as to refer the question to the committee of Claims. The resolution, as modified, was agreed to.
Mr. SCHENCK. I desire to say to the Gentfrom Michigan that I hold in my hand a number of petitions referred improperly to the ComMilAffrs. [hey ought to go to the appropriate committees, to be reported on when the committees are called, and ask him to permit me to have them referred to the proper committees.
Mr. HIPSON. I will yield for that purpose. AMENDMENT TO PENSION LAWS. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consi oration of a petition for increase of pension of soldiers who have lost an arm or a leg; and the same was referred to the comInvalidPens. CLEMENT REEVES. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consideration of the petition of Clement Reeves for compensation for damages on account of the appropriation to its own use by the Government of the U.S. of a part of his land lying on the Delaware river, and the erection thereon of a fortification; and the same was referred to the ComClaims. WOUNDED SOLDIERS. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consideration of the petition of wounded soldiers, praying for increased pension; and the same was referred to the ComInvalidPens. GEORGE P. REMSBERG. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consideration of the petition of George P. Remsberg asking compensation for received by his son at irederick, Mariyniuarnieds; and the same was referred to the ComInvalidPens. PINSIONS TO SOLDIERS OF WAR OF 1812. On motion of
Mr. SCHENCK, the ComMilAffrs was discharged from the further consideration of the remonstrance of Samuel Lake, of Buffalo, NewYork, against the passage of an act granting pensions to sel diers of the war of 1812; and ) the same was referred to the ComRevPensions. PAYMENT OF COMMUTATION MONEY.
Mr. SCHENCK. I hold in my hand the petitions of John Marsh, Abraham Olger, and others, praying the refunding of commutation money paid by them respectively under the commutation law, which were referred to the ComMilAffr. It has since been discovered that the only difficulty is that the parties have not made properproof, and that the matter could be settled at the dept if they would amend the papers. therefore move that the committee be discharged from the further consideration of the petitions, and that the parties have leave to withdraw the papehres. motion was agreed to.
Mr. UPSON. I now yield for a moment to the Gentfrom Ohio, [Mr. Lswaesend and then I will yield to the Gentfrom NewYork, [Mr. VANHonN] and after that I Will yield no further. RAILROAD ACCIDENTS.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduceda bill to punish for throwing trains from railroad tracks; which was read a 1st and 2nd time, and referred to the ComJudiciary. PUNISHMENT or LAncnNiEs, ETC.
Mr. LAWRENCE, of Ohio, also by unanimous consent introduced a bill to punish lar cenies and robberies of the securities and other choses in action belonging to the U.S. which was read a 1st and 2nd time, an referred to the ComJudiciary. U.S. REVENUE COURTS.
Mr. LAWRENCE, of Ohio, also, by unanimous consent, introduced a bill to establish U.S. revenue courts, and for other purposes; which was read a 1st and 2nd time, and referred to the ComJudiciary. DESCENDANTS or Josnrii SHERMAN. On motion of
Mr. VANHORN, of NewYork, the ComRevClaims was discharged from the further consideration of the petition and papers of the descendants of Joseph Sherman and the officers of the RhdIsland infantry during the Revolution, and leave was granted for the withdrawal of the same from the files of the House. PENNSYLVANIA CONTESTED ELECTION.
Mr. UPSON. I now call up the report of the ComElections in the caseo Alexander H. Coffroth and illiani H. Ioontz of the 16th congressional district of Pennsylvama. The followmg are the resolutions reported by the committee: Resolved. That Alexander H. Cotlroth, upon the certificatesand papersrelatipg to the election in the 16th congressionaldistrict of the State of Pennsylvania, has the pnmafricic right to the vacant sent from that district and is entitled to take the oath of 0500 and pecupy it sent in this llouse as the Reprepentativein Congressfrom said district. Withoutpra udice to theright of William H. Koontz. claiming to have beenduly electedthereto, to contesthis right to said scat upon the merits. Resolved, That William H. Koontz. desiring to contest the right of Hon. Alexandrr lI. Coifroth to a seatin this House as a Representative from the 16th district of the State of Pennsylvania, be and he is. required to serveupon the raid Coffroth, within 15 days after the passageofthis resolution. it particular statement of the grounds of said contest and that the said CoEroth be, and he is liereb, required to serveupon the said Koontz his answer there towithin 15 days thereafter, and that both parties be allowed 60days next after theserviecof said answer to take testimonyin support of their scveral allegations and denials, notice cfintent ion to examinewit nessesto be given to the oppositeparty at. least 5 days before their exainination. but neither party to have notice of taking testimonywithin less than 5 ays between the closeof takinav it at one place and itscommence mentatanother, but in all other respects tlho manner prescribed in the act of February 19,
Mr. PAINE. I understand the gentleman to say that the minority of the committee have omitted to refer to that law in their report.
Mr. UPSON. No, sir; Isaidthat the minority of the committee had perhaps inadvertently omitted to refer to it in this connection.
Mr. PAINE. I be pardon of the gentleman; it is especially referred to in their report.
Mr. SCOFIELD. I wish to inquire of the gentleman if in obtaining that result the sol ieis votes are not entirely thrown out
Mr. UPSON. nothing appears on the face of the returns to show t at, but they are not entirely thrown out; there are soldiers votes here. f1 may be permitted to go on now and anticipate the course of my argument, I think I can show that there are soldiers votes counted in these returns from every county.
Mr. SCOFIELD. What I mean to ask is whether, ifthe soldiers votes had been counted, the majority would not have been in favor of Mr. Koontz? By excluding a large portion of the soldiers vote they make 93 majority for Coffroth.
Mr. RIGGS. My colleague will let me interru t him for a moment. I understand from his argument he settles these facts: that Mr. Cofffot i has a majority of the votes certified to by a majority of the judges of election, that he has the certificate signc by the properOfficers, and that a majority of the ComElections has reported in his favor.
Mr. UPSON. these are the facts. He has the returns of the county boards and the return and certificate of the district board in his favor.
Mr. STEVENS. I want to know who has a majority of votes upon any certificate, because there is no legal certificate. If the committee take all the votes filed and in their possession, who has the majority?. Lt
Mr. UPSON. That depends upon many things.
Mr. STEVENS. Who has a majority of all the votes before the committee?
Mr. UPSON. If the gentleman wishes to know who has a majority of the legally returned votes, that is another thing.
Mr. STEVEh S. 1 do not wantto know about legal returns in a primafacic ease. I want to know who has a majority of all the votes returned.
Mr. UPSON. I will read to the gentleman the decision of the court of Pennsylvania on that subject. So far as the returns can be considered on this investigation there is nothing outside of the certified returns.
Mr. STEVENS. The gentleman does not understand me.
Mr. UPSON. I say that a paperpurporting to be a return with the names o no legal oificers signed to it is no return.
Mr. STEVENS. Are certain votes attached to it?
Mr. UPSON. I So not know that there is any e l ertos ow it.
Mr. STEVENS. That is a question on the contest.
Mr. UPSON. A primafacie case is what appears on the papers certified by properoth eers. We are not investigating the case on its merit, and do not know what the result would be after hearing evidence on a contest.
Mr. PAINE. The gentleman has said, in reply to a question by his colleague from Michigan, [1th. aieus] that Mr. Cotfroth had the certificate of the lawful board. had a majority of the Votes, and had a majority of the ComElections. Now, I will begin with the committee. He had 5 out of the 9 members constituting that committee. The names sigpled to the majority report are these: CHARLES rsoir, H. L. Dawns, Penres BAX ; lllt, S. S. MARSHALL, Wm“! Bureau; and l the names signed to the minority report are these: HALBERT E. Russ, J. W. McCLiine , S. Sumnansnnsn, G. W. Scorisu). If the gentleman says that he has shown that Mr. Coffroth had a majority of the votes it is merely a matter of opinion as to what he has done and what he has failed to do, and the House must wait until the other side has been heard. If he says that the certificate for Mr. Cof froth is the certificate of the lawful board, that is what we deny. If he says the return of Mr. Coffroth came from the lawful board and his certificate entitles him to a seat, that is what the minority of the committee firmly and conscientiously believe to be incorrect.
Mr. UPSON. My colleague asked me what I claimed, and I replied that I claimed certain things. Of course I expect to hear the argument of the gentleman who represents the ini nority, and of course the House will listen to him with pleasure. In my answer to the question proponnded by my colleague, whether I claime such a state of things as he suggested, I replied that I did. But I did not intend to preclude the Gentfrom expressing a different view or say that I considered it as decided beyond a peradventure so that nobody could answer it otherwise and I answered it as I thought it satisfactorily appeared to the minds of a majority of the committee.
Mr. SCOFIELD. I would inquire if the gentleman considers he has answered the question of my colleague in this particular, and I am going to repeat pretty nearl the same question. I all the returns from the different precincts at home as well as from the boys that voted in the field certified after some fashion or other as legal votes, and unquestioned as such before usif all those votes were added up, would it not make a majority of some 60 or 70 for Mr. Koontz?
Mr. UPSON. I will answer that in the language of Justice Ludlow.
Mr. SCOFIELD. I would rather have the language of my honest friendfrom Michigan than that of any judiic, because he was there and hel edto count those very votes that were referre to us in committee and ifiny friend cannot tell us without the circumlocution of an authority, there is no book that can enlighten us on the subject. I ask, if by counting all these returns, you do not make a majority of 60 or 70 for Mr. Koontz? Vhether they are legal and to be counted or not is another. question.
Mr. U SON. I counted the votes with the gentleman in committee, and made out, in counting by a standard which I consider legal, that Mr. Coffroth had a majority on the face of the opera.
Mr. SCOFIELD. I desire to have the gentleman to say whether, if we counted all the returns, Mr. Koontz would not have a majority, not according to legality, but according to arithmetic.
Mr. UPSON. I will take the very position assumed by the minority in their report in relation to the soldiers votes, and will say that there are no returns here sufficient to give a majorit vto Mr. Koontz.
Mr. UPSON. No returns. If the gentleman will investigate the papers he will find that there are no formal returns, no returns on which to make out a majorit for Mr. Koontz. Now, I call attention to the decision of the courts of Pennsylvania on this subject, and I refer to the case of Lawrence vs. Knight, 4 Philadelphia Reports, p. 366: “The act of Assembly castsupon the prothonotary of the court the duty of certity ins returns. He must send the returns to the return judges. That respon sibility, we haveover and over againsaid. restedupon him, and he must notsimply itsa ministerial officer, having no right to reject are turn regular upon its face, and unless it is regular it is no return. ”
Mr. STEVENS. I do not care about the returns. It" the votes are here that isprima facie evidence.
Mr. DAWES. Suppose they are brought in my [ p[oacrkeett. he hammer fell.]
Mr. PAINE. The gentleman has been interruted a great deal; I move that his time be inde nitely extended. No objection being made, the gentleman was allowed to proceed accordingly.
Mr. PAINE. coWmips1. whole of that section?
Mr. PAINE. In the minority report an alternative statement is made. It is shown that to adopt the rule which the minerity of the committee are inclined to consider the true one, the result would bein favor of Mr. Koontz. Adopting the other rule, that you are to look not only to what are technically called the returns. but also to the tallylists, pollbooks, and the certificates accompanyin them, under that rule also Mr. Koontz is entit edto his seat.
Mr. SCOFIELD. I wish to in nire of the gentleman whether in the law to which he reers there is not a provision that no informalities in the holding of the elections by the soldiers in the camps shall be allowed to defeat their purpose; that their votes shall be counted and the returns received, notwithstanding an informality. If the gentleman admits that such is the fact, then, considering this strong provision of the Legislature, designed to protect the soldiers againSt the consequences of any errors which they, unaccustomed to such duties, might commit in reference to the formalities of the elections, I ask the gentleman this question: if he cannot, for the sake of securing the rights of our patriotic soldiers, consent to waive any informalities orderrors which their returns may exhibit. why is he so extraordinarily liberal in waiving all the informalities of these return judges at ome? The gentleman has been arguing for an hour to show that there were root informalities in the action of the return in ges. Yet he is willin to waive all those informalities when they would o erute against Mr. Coffroth, while he is not willing to waive some little informalities in the returns of the soldiers vote, although the act of Assembly under which the soldiers in the field voted declares expressly that no informality shall invalidate their action.
Mr. UPSON. l have not been arguing on formalities. I have been statin what I consider to be the law as enuncinte by the attygen of Pennsylvania and by the courts of that State; and I maintain that admitting the fact that certain officers who were in the minority did not do their duty does not invali date the action of the majority and that the ilactiqn of the latter is to be regarded as perfectly ea. ut, air, the Gentfrom Pennsylvania [Mr. Scorinui] has not correctly cited the language of the law of that State in reference to the soldiers vote. Its language is, ” no more informality, ” not “ no in ormality.” There is a vast difference between the (phraseology of the act and the phraseolo cite by the gentleman.
Mr. SCO"IELD. here is not much difference between the 2 phrases.
Mr. PAINE. Iwis to ask the gentleman whether the provision of the law of Pennsylvania, which I am about to read, does not apply to the election held in this case as well as to all other elections, whether held at home or in the field: “It shall not be lawful for said judges or clerks. in casting up the votes which shall appear tb have been given. asshownby the certificatesunderthe 76th and 77 thsectionsof this act. to omit or reicct any part thereof. Except Whtlt plltlheppmion of said judges. such certificate is sodefectiveas to prevent the some from being understoodandeom puted in adding together the number of votes.” I wish also to ask the gentleman whether the law which applies only to electrons in the field does not contain this provision: “No more informality in the manner of carrying out or executing any of the provisionsof this acts liul invalidate any election held under the same or authorise the return thereof to be reJectedor setaside. "
Mr. UPSON. The 1st section which the Gentfrom Wisconsin [Mr. PAIXlI] has noted is a part of the general election law of Pennsylvania. The 2nd is a provision of the soldiers voting law. The question which the gentleman asks is substantial y the same as that just propounded by my friendfrom Pennsylvania. 1f the gentlemen had allowed me to go on I should have reached the point which they suggest.
Mr. llIAYER. Will the gentleman yield to me for a moment?
Mr. THAYER. The gentleman has referred, I believe, to an instance in which 2 compa nies voted together, and the return is certified, I think he said, by the officers of the 2 comanics. I desire to ask the gentleman whether, in that case the pollbooks and tallylists oc companying the return showed the respective companies to which the voters were returned as having belonged.
Mr. UPSON. The return is printed in the report; and I cannot answer the gentleman without referring to that document.
Mr. THAYElt. The question is very mate rial as regards the particular case which the gentleman puts. I the pollbooks ond tally lists accompanying the return show that every man who voted belonged either to company B or company G and also show to which of those companies each voter belonged, and if the commanding officers certify to that return, it seems to me to furnish so complete a guarantee against any possible fraud in the return that such a case would clearly come within the sav in clause of the act of Assembly, which provides that no informality shall deprive the soldiers of their votes. It was with this view that I addressed my inquiry to the gentleman.
Mr. DAWES. Suppose this to have been just so; suppose this to have been as intimated y my friendfrom Pennsylvania, and it goes before the return judges, the liberal statute of Pennsylvania says that the return judges shall not reject any return for mere informality, if in their opinion, (I call his attention particularly to this, if in their opinion it is so for formal that they can ascertain the facts, or something to that effect. Suppose the return judges were of the opinion that this return he has suggested was so far informal that they could not accept it, and suppose they made a mistake. I suppose if my friend and I had been those return Judges we would have thought differently; but suppose these return judges thought it was so informal that they made a certificate without taking it in, what I want to ask is, whether when that certificate comes up and we are not asked to go back, but only to consider a primafacie case, we ought to go back of that certificate?
Mr. SCOlslELD. There is no provision that in the opinion of these judges they shall invalidate any election
Mr. DAWES. The law in another place expressly says what I have stated.
Mr. THAYER. I inquire for information in regard to the point. made by the Gentfrom Michigan on the theory that toHouse might be able, in consequence of the fact apparent on the returns so or held by both parties in this case, to go behind those original returns and inspect the papers in possession of the committee, which contain the original returns upon which the board acted.
Mr. PSON. Perhaps the in air was properenough at the time. If Iqhntl been permitted to go on I would have analyzed the whole law and would have referred to all these points without any inquiry ontfhe partsf any book. setting forth in words gentleman. If the Gentfrom Wisconsin will permit me, I will say that the law he 1st noted has been in existence since 1839 and flint under that law the decision was made to which I have referred in the Philadelphia reports. I wish to call his attention to the fact that the prothonotnry or the district judges have to determine the identity or genuineness of any aperbefore them.
Mr. IEJAINE. I wish to correct an evident misunderstanding of the law of Pennsylvania, not on the port of the gentleman, but on the part of others. The law allows soldiers from 200 companies to vote at the some pre. cinct. Indeed, the members of n 1,000 cempanics may vote at one precinct, provided they are not organized companies. lliat we say is, there is nothing on the face of the return to warrant, but everything to negative, the conclusion that these were 2 organized companies; and we assume it as clear that they were 2 detachments, and could vote at one place. Will the gentleman point out anything which contrai dicls it?
Mr. SHELLABARGER. Vill the gentleman yield a moment?
Mr. SHELLABARGER. They all voted, as they had a right to do, for member of congress, and they were certified to have so voted; and in making the returns they returned the names to the proper county. properly certified the entire aggregate vote for Congress to a single county. Now, I ask is that a reason why their votes should be disregarded?
Mr. SHELLABARGER. I will answer my colleague on the committee when myturn comes.
Mr. THAYER. I wish to ask the gentleman whether he considers that return invalidated by the fact that the 2 companies of the 13oighth regiment voted at the same poll, provided that there are accompanying papers to show that every man who voted had a right to vote and I will ask the gentleman, whether, if there were representatives from half a dozen companies, he considers it would be necessary to have a separate return for every man who happened to be there from a different company.
Mr. UPSO. Where they voted under the exceptional clause of the law that would be so stated in the return; and I will answer the gentleman by propounding another question. Suppose that the voters from 2 different wards or election precincts in the city of Philadelphia should vote in one election precinct, would the gentleman call that legal? I wish he would answer it, yes or no.
Mr. THAYER. I answerdhat that would clearly be illegal. But I conceive that there is a great distinction between an election held at home and an election held by soldiers in the field. The 2 cases are not at all dnalo gous; and it is because they are not analo ous that the Legislature put in that clause, which protected their rights from being destroyed by want of compliance with immaterial formali ties.
Mr. UPSON. I would like to inquire whether e 1866. 895 there is any question raised as to the identity of any of the papers submitted by either party.
Mr. PAINE). I will answer the gent eman as I proceed in the case. There is no dispute as to the Governors proclamation; there is no dispute that the return of the Cotfroth district board was prepared by the men who appear to have signed it and presented to the Governor; there is no dispute that the return of the Koontz district board was prepared and sent or presented to the Governor by those who appear to have signed it; there is no disute that the County board returns of Franklin, ul; ton, and Somerset, were signed by all the judges whose names appear to be attached thereto, or that they are all properand correct returns. But when we came to the county 1board returns of Adams and Bedford counties, it was insisted on the one hand that the papers which were signed by the alleged majorities of the judges of those 2 boards were lawful and correct returns, and on the other hand that the returns made by the alleged minorities of these 2 boards actually included the whole legal soldiers vote, and were therefore better than the 2 majority returns of Adams and Bedford counties, which did not include these soldiers returns which should have been included, and were therefore utterly and absolutely void.
Mr. UPSON. The gentleman does not an swer my question. It is as to the identity and genuineness of the papers.
Mr. PAINE. I have answered it. It was admitted on all sides that these papers were signed by those whose names purported to be attached to them. But their official character was disputed, and the main object of this investigation was to determine the legality of those returns.
Mr. STEVENS. Having the several returns with the certified number of votes, what authority have we, on the primafacie case, to inquire into the legality of these votes?
Mr. PAINE. That brings me to the next question which I was about to consider. There were presented to the Governor as a basis of his proclamation under the law of Pennsylvania, and there has been presented to this House, as the basis for a primafacie claim on the part of each of these parties. 2 papers which purport to be district board returns for that congressional district, of which, to speak more strictly, one. urports to be such a return and the other to e a return for 4 of the 5 counties of the district. One of these shows that Mr. Koontz received a majority of all the votes cast in that district, an was therefore legally elected. The other shows that Mr. Cof froth received a majority of the votes cast in 4 counties of that district, and is therefore declared to be elected. Mr. Speaker, I will show that this return in favor o Mr. Coffroth is on its face a nullity. I will show that the return of Mr. Koontz is upon its face absolutely perfect. I will also 5 ow before I conclude that of the 4 men who signed the district board return in favor of Mr. Cotiroth, only 2 had the shadow of a right to sit in that board, the opinion of the AttyGen of the State of Pennsylvania and the majority of the committee to the contrary notwithstanding. I shall show that of those 2 who had the shadow of a right to sit in that board, neither had a right that can he admitted without the gravest doubt by this House.
Mr. SPALDING. I desire to ask my friendfrom Wisconsin a question, to enable me to form my own judgment. On page 2 of the report of the committee I find a paragraph in these words: "Aided by the light thus thrown upon the case, the committee were unanimously of opinion that the persons signing the said return in favor of Mr. Koontz were not the legally constituted board of return judges f r said district, and had no lawful authority to me c any such return and that the 4 orsonssigning thp said return in favor of Mr. Cof roth were a maiprity of the legal return Judges and the only lawful card.” Now, I want to know if the gentleman controverts that passage in the report? My vote will turn very much on this fact.
Mr. PAINE. When the gentleman speaks of “that passage in the report, ” I take it he does not mean a passage in the views of the minorit.
Mr. SPALDING. I want to know if you dispute that am raph.
Mr. PAINE. The statement the gentleman has read is found in the majority report. In reply, I will read a passage from the minority report, which is found about the middle of page 17 of the riuted reports.
Mr. SPALDING. Will the gentleman an swer my question? Does he controvert the paragraph I have read?
Mr. AINE. Of course we controvert it; of course we deny it. The committee were not only not unanimous in that opinion, but every one of the 4 members who signed the mine irty report disputes it. Iwill read the an swer we are made; referring to Adams and Bedford counties, we say: “Neither these returns nor the judges who bore them had any place in either of the district boa.” and again, on page 19: “Looking behind the return of the district board. we find. as the AttyGen did. that the district judgesof Adams and Be ford countieswere selected y majorities of their respectivecount boards: and we also find. what the AttyGen had no occasion to inquire into. that the returns borne by those Judges werenullities, and that therefore neit ier the returnsnor theirhcarcra had any place in the board. "
Mr. DAWES. I would like to ask my friendfrom Wisconsin 11question.
Mr. DAWES. I wish to ask himif he holds that the board which signed what is called the Koontz return was a legal board.
Mr. PAINE. I hold that it was an illegal board.
Mr. DAWES. Then I would ask my friend if that was not also the opinionof his associates who signed the minority report.
Mr. PAINE. Perhaps I did not quite understand the gentlemans question.
Mr. DAWES. I ask my friend if he is of the opinion now that the board that signed what is called the Koontz return was a legal board.
Mr. PAINE. I am not; I amof the opinion that it was an illegal one.
Mr. DAWES. Was that the opinion of his associates of the minority?
Mr. DAWES. Then I think the report of the committee is true when they say that the committee were unanimously of the opinion that it was an illegal board. I think my friendfrom WiscOnsin must have misundersbood the question of the Gentfrom Ohio, Mr. SPALD no] I understand him now to a mit, speaking for the 4 minority members of the committee, that the Koontz board was an illegal board as it was constituted there. That certainly was the opinion of the majority of the committee, and if it was the opinion of the mine irtyalso, that makes it as nearly a unanimous Opinion as well might be.
Mr. PAINE. I am sorry the Gentfrom Massachusetts did not listen more carefully to the paragraph the Gentfrom Ohio read. It contains 2 statements. The 1st is that the committee were unanimously of the opinion that the Koontz board was illegal; and the 2nd is that they were unanimous in the opinion that the Coffroth board was legal.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FOBNEY, its Secretary. informed the House that the senate had passed bills of the following titles; in which he had been directed to ask the concurrence of the House, namely: Senate bill (No. 33) in relation to the Court of Claims; Senate bill (No. 66) granting a pension to Mary C. Hamilton; Senate bill (No. 82) granting a pension to Sarah Fitzgibbon; Senate bill (No. 116) to extend the benefit of the pension law to artificers; and Senate bill (No. 142) for the relief of the heirs of James Bawdin. ORDER OF PROCEEDINE TOMORROW.
Mr. STEVENS. I will take this occasion to interrupt the business under consideration for a momentto submit a motion which I think should be decided now. Several gentlemen, I understand, desire to make speeches upon the general subject of the Presidents message. I would suggest that the House now a rec to meet tomorrow for debate only on theilresidents message.
Mr. STEVENS. Some members say meet at ten oclock. Those who desire to speak 0ught to govern that.
The SPEAKER. The 1st part of the proposition of the Gentfrom Pennsylvania [Mr. Srsvsss] in reference to restricting the session of tomorrow to debate only, can be decided by the vote of the inajority. The 2nd part, in relation to meeting at ten oclock, will require unanimous consent.
Skip Skip The question was taken upon devoting tomorrow to debate only upon the Presidents message; and it was agreed to.
Mr. STEVENS. I now move that the House meet tomorrow at ten oclock a.m., as some gentlemen who desire to speak seem willing to run the risk of having an audience at that time.
Mr. BROOKS. On behalf of the reporters of the Globe, whom we are working almost to death, I must object to that proposition. I want them to have a little rest.
Mr. STEVENS. Ohl ifthe gentleman makes it a question of humanity, [laughter] I will withdraw the motion. PENNSYLVANIA CONTESTEDELECTIONAGAIN.
Mr. STEVENS. I desire to make a remark to the Gentfrom Wisconsin, [Mr. PAlNE.] As I understand from this discussion, the question of the legality of these boards is now in question. By the law of Pennsylvania the elec tron judges, not the board, make out the returns and send them to the boards. The boards under our law have no authority to judge of anything in regard to the votes, either their legality or anything else; they have only to add them up. Now, I would ask, why are we discussing this question of the legality of these returns by the card, if the returns made by these election judge are here in any shape so that we can act upon them? "
Mr. DAWES. Ifm friendfrom Pennsylvania [Mr. Srevsss] hadlistened patiently to the Gentfrom Michigan, [Mr. Ursox] and the Gentfrom Wisconsin, [Mr. Puma] he would understand why they are doing it.
Mr. STEVENS. I want to get at the marrow of the thin, without so much bone.
Mr. DAWES. It is this: it is because the majority of the committee believe that one part is illegal, and the minority of the committee believe the other art is illegal.
Mr. STEVEN. Does it make a particle of difference whether they are legal or illegal? If we have the vote sent up her, what difference does it make?
Mr. UPSON. If there is no office in which to deosit the returns, how could the district oar obtain any returns for Somerset county by adjournin over??
Mr. PAIN. I am now speaking of the cer tificates given by the 2 district boards to the respective contestants. Does the gentleman ask me about those or something else?
Mr. UISON. I was in uiring about the returns of the county board of judges to the district board.
Mr. PAINE. I was not speaking of those. The certificate of the district boardisgiven to the successful candidate.
Mr. GARFIELD. I ask unanimous consent that the gentlemans time be extended indefinitely. No objection was made.
Mr. PAINE. I thank the House, and will not trespass uponits time more than ten minutes longer. It is urged that inasmuch as the vote of Som erset county would not affect the result, the return of the Cotfroth district board ought to be held as conclusive in reward to the other 4 counties, for otherwise
Mr. UPSON. I am informed that 2 or 3 gentleinen wish to so a few words upon this subject who have left the House in the be mf that no vote would be taken today. They wish to be heard briefly before the vote is taken on Monday. I suggest, therefore, that the mat;ter be postponed until after the morning hour on Monday, unless, indeed, there is a general desire to have the vote taken now.
Mr. WASHBURNE, of Illinois. I think we should take no vote toda, as I know several Gentlemen have left the all with the understandinv that no vote would be taken tonight.
Mr. STEVENS. I heard several gentlemen sayhthey expected no vote would be taken to; m t. Mr. UPSON. Then I move that the further consideration of the subject be postponed until Monday next after the morning hour. The motion was agreed to. CALIFORNIA LAND TITLES. On motion of
Mr. BIDWELL, by unanimous consent, bill of the Senate, No. 93, to quiet the titles to certain lands within the corporatelimits of the city of SanFranciseo, was taken from the Speakers table, read a 1st and 2nd. time, and referred to the ComPubLands.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. FORNEY, its Secretary, informing the House that that body had concurred in the amendments of the House to the amendments of the Senate to House bill No. 61, to establish certain post roads; and also notifyin the House that that body had passed bills Oft o following titles; in which he was directed to ask the concurrence of the House: An act (S.No.93) to quiet title to certain lands within the corporate limits of SanFranciseo; An act (S. No.132) to prevent and punish kidnapping; and An act (S.No.117) for the relief of F. A. Patterson, late a captain of the 3rd Virginia cavalry. CONSTITUTIONal AMENDMENT.
Mr. ORTH. I ask the unanimous consent of the House to offer the following resolution: Received, That the committee onreconstructionbe instructed to inquire into the expediency of reporting to this House an amendmentto the constitution providing that no person who hold any office, civil or military. in the socallod confederacy shall ever be eligible to hold any office of honor. trust or profit under the Government.
Mr. LeBloND. I object. MEDICAL STATISTICS.
Mr. TAYLOR, by unanimous consent, offered the following resolution; which was read, considered, and agreed to: Resolved That the ComAppropriat be, and is hereby, requestedto inquire intot c or o dicncy and utility of making sue an appropriation aswil enable the SurgeonGeneralof the U. S., to compile from the reports and other facts and sta tistics within his flossession, a medical and ear ical history of therebe ion; and to report by bill or otherwise.
Mr. WASHBURNE, of Illinois. I call for the regular order of business. ALBERT NETINS.
The SPEAKER. The morning hour having commenced, "the House resumes the consideration of the bill reported on Friday last from the Committee on fiivalid Pensions, and pending when the morning hour expired on that do, for the relief of Albert Nevins. The bill was read. It provides that the name of Albert Nevins, late a private in company K, 92nd regiment NewYork volunteers, shall be placed upon the list of pensioners at the rate of25 dollars permonth, in lieu of 8 dollars permonth heretofore allowed him, to commence from the passage of this act.
Skip Skip The report was read. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. VANAERNAM mtRtv the bill was passed; upon the table. Agreed to. n66. vein sssssrssmms etc;nE CLERK TO SERGEANTATARMS.
Mr. ANDERSON. I ask unanimous consent to submit the following resolution, and ask that it be referred to the Committee of Accounts: Recolved, That the SergeantatArms beauthorized to employ an additional clerk in his ofice.
Mr. FINCK. I object. PENSIONS IN CIVIL SERVICE.
Mr. HARDING, of Illinois, by unanimous consent introduced a JtResolution relative to pensions in the civil service; which was read a rat and 2nd time, and referred to the comInvalidPens.
Mr. BANKS. I ask the unanimous consent of the House to proceed to the consideration of the private bills on the Speakers table for reference to their appropriate committees.
Mr. WASHBURNE, of Illinois. With the condition that they shall not be brought back by a motion to reconsider. “
Mr. BANKS. Certainly. No objection was made, and the House proceeded to the consideration of private bills upon the Speakers table. J. B. RITTENHOUSE. A bill (S.No.80) for the relicfofJ. B. Ritten house, fleet paymaster of the Pacific squadron was then taken from the Speakers table, rea a 1st and 2nd time, and referred to the ComNavAffrs. JANE W. NETHAWAY. A bill (S.No.115) for the relief ofJane W. Nethaway was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComInvalidPens. F. A. PATTERSON. A bill (S.No.117) for the relief of F. A. Pat terson, late captain of the 3rd Virginia cavalry, was taken from the S cakers table, read a 1st and 2nd time, an referred to the ComMilAffrs. MARY C. HAMILTON. A bill. (S.No.56) granting a pension to Mary C. Hamilton was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComInvalidPens. HEIRS OF JAMES BAWDIN. A bill (S.No.142) for the relief of the heirs of James Bawdin was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPubLands. SARAH FITZGIBBON. A bill (S.No.82) granting a pension to Sarah Fitzgibbon was taken from theSpeakers table, read a 1st and 2nd time, and referred to the ComInvalidPens. MINERALS OF THE U.S.
Mr. BANKS. There is on the Speakers table aJtResolution of the Senate in relation to the exhibition of specimens of the minerals of the U.S., which I ask to have taken up and referred to the ComMining. v The title of the JtResolution was reported as follows:JtResolution (S.No.27) for the exhibition of gold, silver and other minerals, the product of the U.S. the JtResolution was read a 1st and 2nd time. lie
Mr. WASHBURNE, of Illinois. Let it be rea. The JtResolution was read at length. It authorizes the SecyInterior to set apart in the Patent Office building such s ace as may be spared for the arrangement an exhibition, in proper cases, of such specimens of gold, silver, and other minerals as may be contributed for the purpose by citizens of the U.S.; the s eeimens to be considered as deposits, to be uly receited for, and to remain the preperty of the epositors, and subject to their orders.
Mr. BANKS. I move that this JtResolution be referred to the ComMines, and Mining. The motion was agreed to. BEWERAGE IN WASHINGTON.
Mr. INGERSOLL, by unanimous consent, introduced a bill to esta lisha uniform system of sewerage in the city of Washin ton, and for other purposes, which was read a 1st and 2nd time, referred to the ComDistCol, and ordered to be printed. “AGON ROAD TO MONTANA, ETC.
Mr. HUBBARD, of Iowa, by unanimous consent, submitted the following resolution: Resolved. That the SecyInterior he directed to communicateto the HoRep the report of coloncl JamesA. Sawyers, an or "mtendqnto the whon road from Niobrara to irginia City, madein 865. of his explorations. survey and location of said road and also the report of W. W. Brookins, superintendent of the waizon road from the western line of Minnesota to Montana, showing his exploration and surveys.
The SPEAKER. This being a call for executive information, unanimous consent is necessary for its consideration on this day. There being no objection, the resolution was considered and agreed to. JUDICIAL PROCEEDINGS.
Mr.000K. I ask unanimous consent to report abill from the ComJudiciary, simply that it may be printed and recommitted. It is a bill to amend an act entitled “ An act relative to habeascorpus and regulating judicial proceedings in certain cases, approved March3, 1863.
Mr. HARDING, of Kentucky. I ask that the bill be read. The bill was read in extenso.
The SPEAKER. Is there objection to the reporting of the bill for the purpose indicated? Mr. HARDING, of Kentucky. I object.
Mr. WILSON, of Iowa. This bill is pending before the ComJudiciary; and the only design now is to have it printed, in order that it may be in the possession of members of the House. other wme it must be rerted without being printed. Mr. HARDING, ot Kentucky. Let the bill take there ular course. it is ameasure which is designe to rob the State courts of their rightful jurisdiction; and I do not see why we should make any departure from the regular order for the purpose of facilitating its passage.
Mr. WILSON, of Iowa. If the Gentfrom Kentucky desires it, the motion to recommit can be adopted, with the understanding that the bill shall not be brought back by a motion to reconsider. In that may the bill will occupy the same position that it now does.
Mr. SMITH. I trust that my colleague will withdraw his objection.
Mr. HARDHG, of Kc itucky. Does the gentleman see anything in the hi I to admire 1
Mr. SMITH. I do see in it a great deal to admire.
Mr. HARDING, of Kentucky. I do not. The SPEA KER. Does the Gentfrom Kentucky insist on his objection?
The SPEAKER. Then the order for the printing of the bill cannot be made at this time. EXPORTATION OF ARMS TO MEXICO. Mr. McKEE, by unanimous consent, submitted the following resolution: Rmloed, That the President be requestedto communicate to the House, if not inconsistent with the public intercst. any correspondenceor other informntion in possessionof the State Dept. in regard to General Order No. 17, issuedby the commanderof the dept of California. dated SanFranciseo, ctohci11. 1865, instructing the U.S. officers commanding the districts of Arizona and southern California to under no arms or munitions of war tobo exportedover the frontier; and whether this discrimination isa breach of our neautrality toward our sister republic of Mexico: and whetherthe Government has taken any action in the premises.
The SPEAKER. This being a call for executive information, unanimous consent is necessary for its consideration on this day.
Mr. BANKS. I object; and I move that the resolution be referred to the ComForAffrs.
Mr. McKEE. I consent to that. The motion of Mr. Blisxs was agreed to. INTERNALREVENUE. HMr. SPALDING. I ask unanimous consent to introduce the following resolution: Resolved. That the ComWays&Means he directed to inquire into the expediency and practability of assessing the major part of our internal duties upon distilled spirits. tobacco, and cotton, and dispensmiz With thosewhich niTcci our small domes twier itnm igii. nufacturesand the validity of instruments of Mr. ROSS. I object. SWAMP and evsartownn LANDS.
Mr. HARDING of Illinois, by unanimous consent, introduced a bill to amend an act entitled “Au act for the relief of purchasers and locaters of swamp and overflowed lauds, ” approved March 2, 1855; which was read a 1st and 2nd time, and referred to the ComPubLands. STENEGRAPIERS FOR FEDERAL COURTS.
Mr. WILSON, of Iowa, by unanimous consent, introduced a bill to authorize the appointment of stenegraphers in certain courts of the U.S.; which was read a 1st and 2nd time and referred to the ComJudiciary. The bill authorizes the judges of the district court of the U.S. for the southern district of NewYork, of the circuit court of the U.S. for the southern district of NewYork, and of the district and circuit courts for the eastern district of NewYork, to appoint stenegraphers for said courts, as follows: one stenegrapher each for“ the district and circuit courts for the southern district, and one for the district and circuit courts for the eastern district jointly. It is made the duty of the steneg raphers so appointed to take full stenegraphic notes of all proceedings of trials had in said courts, and to make a transcript of such notes whenever the judge may so direct; and also to furnish a copy to any party to a suit who may demand the same upon payment of the fees allowed for such copy. lhe bill also provides for the compensation of such stenegraphers and then, on motion of Mr. RADFORD, (at 4 oclock p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, February 17, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borsrox. The Journal of yesterday was read and approved. Passinssrs MESSAGE.
The SPEAKER stated, under the order of the House, no business was in order exec t debate as in the ComWhole on the state of the Union on the Presidents niesszi e, on which the Gentfrom Illinois [I Mr. COOK] was entitled to the floor. itncoxsruccrios.
Mr. SHELLABARGER. There is a class of opinion in this House, which I will say is not my own opinion, for Ia ee with the positiontaken by the Gentfrom Illinois, there is a class of opinion here like this: although it is true, as indicated in the decision in the case of Luther vs. Borden, that the political Dept of the Government is to determine when a loyal State government or a republican State government is established in a State and decide which of 2 contending governments is the government of a State, yet under the act of 1795 the political Dept of the Government, to wit, Congress of the U.S., has dele gated the power to make that determination or recognition to the POTUS, and that, therefore, as it is delegated By Congress to the President under the actof1795, it is competent for the President in the exercise and execution of that powerto make that recognition; that the presiout has in fact made that reco nition; that in that way, through the dele the powers derived under the act of 1795, he as recognized those States in such a way as to be binding 11 on Congress. I should like to hear the gent emans views as to this class of opinions.
Mr. LAWRENCE, of Ohio, obtained the floor but yielded to Mr. BROOMALL, who said: Mr. Speaker, I ask the Clerk to read some resolutions which I propose to offer when I have the opportunit; but I wish today to have the benefit of the crit icism of the Gentfrom Ohio.
The Clerk read, as follows: Revolted, 1. Thatin the languageof the proclamation of the President of May 29, 136. 5“. the rebellion hich was wagedby a portion of the people of the U.S. againsttheproperly constituted authorities of the Government thereof in the mostviolent and revolting form. but whose organized and armed forceshave now been almost entirely overcome. has in its revolutionary progress deprive the people” of most of the States in which it was organized of all civil government.” 2. fhat whenever the peopleof any Statcare thus "deprived of all civil government, ” itjccoines the duty of Congress, by appropriate legislation, to enable them to organize a State government and in the language of the constitution to guaranty to such State a RFG. "
Mr. LAWRENCE, of Ohio. The resolutions proposed by the distinguished Gentfrom enusylvania [Mr. BROOMALL] declare the fact and the constitutional law upon which rests the true theory of reconstruction. As a further basis for the remarks I design to make I also present resolutions which may be read for in ormation.
The Clerk read, as follows: Resolvui, That it is the delibsrate sense of this House that the condition of the rebel States fully justifies the President in maintaining the suspensionof the writ of habeascorpus in those states. Remloed. Thut it is the deliberate sense of this House tgat the condition of the rebel States fully justifies topresident in maintaining military possessionand control thereof and that the President is entitled to the thanks of the nation for employing the wnr power for the protection of Union citizensand the freedmen in those states.
Mr. PLANTS. 1? an the pleasure of the guaranty to every State in this, House to adjourn now, or if some other gentleman desires to s ak at this time, Iwill yield the floor. I am mtliZr too hoarse to speak now without great inconvenience to myself.
Mr. GRINNELL. I will move that the Y House now adjourn. The motion was eed to; and accordingly (at 3 oclock on 15 minutes p. m.) the House adjourned till Monday next.
@@@IN SENATE SENATE. Monnar, February 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved. CREDENTIALS PRESENTED. Mr. WADE presented the credentials ofHon. Jonu SHERMAN, chosen as Senator by the Legislature of the State of Ohio for the term of 6 years, commencing on the 4th da of March, 1867; which were ordered to be p need on the files of the Senate.
Mr. FESSENDEN, it was Ordered. That the petition of Daniel Winslow. with the accompanying papers on the files of the Senate. be referr to the minittoo on Claims. On motion of
Mr. LANE, of Kansas, it was chOarrdgeerded. That the comTerritories bodisfrom the further consideration of a petition of citizens of Houston. Texas, mafia! for t 10 construction of a railroad across the udiau Territory. i from thesouth line of Kansas to the Red river; and lbiiifiriotulz. preferred to the ComPacREPORTS OF COMMITTEES.
Mr. TRUMBULL. The ComJudiciary, to whom were referred various petitions praying for such an amendment of the constitution of the U.S. as will forever prohibit any State from making any distinction in civil rights and privileges among citizens of the U.S. on account of race, color, or descent, have instructed me to report them back, as that subject is under consideration, and has been acted on by the Senate; and to ask that the committee be discharged, and that the petitions lie on the table. The report was agreed to. Mr. TRUMBULL, from the ComJudiciary, to whom was referred the petition of Mrs. M. J. Dixon, of Alexandria, irginia, praing to have certain property which has been solt under the law for the colection of direct taxes restored to her, or the avails of it, asked to be discharged from its further consideration, and that it be referred to the ComClaims; which was agreed to.
Mr. TRUMBULL. The ComJudiciary, to whom was referred the petition of Preston Starritt, formerly a messenger in the Senate. praying for compensation which heal leges has been illegally Withheld from him, have instructed me to report it back accompanied by a resolution. I ask that it be acted upon at this time if there be no objection. It is an old matter, and the resolution will explain itself. There being no objection, the resolution was considered and agreed to, as follows: Resolved. That PrestonStarritf. a former mcssengci of the Senate, having beenpaid the sumofs so50. in pursuanceofa resolutionof the Senate adopted March 2, 1865, being in full for his services to Dotumber17. 1861whenhis office was vacated is not entitled toany further compensation.
Mr. CLARK, from the ComJudiciary to whom was referred aJtResolution (. Mr. No. 17) giving the consent of congress to the transfer of the counties of Berke ey and Jefferson to the State of WestVirginia, reported it with an amendment. i Mr. POMEROY, from the ComPubLands, to whom was referred a bill (S.No.126) grantin lands to aidin the construction of a railroad and telegraph line from the city of Plaecrville, in the State of California, to the most feasible point of intersection with the Pacific railroad, in the State of Nevada, reported it with amendments. o also, from the same committee, to whom was referred a bill (S.No.133) granting lands to aid in the construction of a railroad and tel e rapli line from the waters of the bay of SanFranciseo Humboldt bay, in the State of California, reported it with amendments. He also, from thesame committee, to whom was referred a bill (S.No.140) to grant the right of way to the Humboldt Canal Company through the public lands of the U.S., reported it without amendment.
Mr. WILLIAMS, from the ComClaims, to whom were referred the papers in relation to the claim of John Egenolf, submitted an adverse report; which was ordered to be printed.
Mr. NESMITH, from the ComMilAffrs , to whom was referred a bill (S.No.105) to rant the right of way to the Cascade Railroad ompany through a military reserve in Washington Territory, reported it without amendment. Mr. STEWART, from the ComJudiciary, to whom was referred a bill (S.No.107) to provide for a term of the district court for the district of Minnesota to be held at the city of Wine na, in said district, reported it without amendment. I
Mr. NORTON, from the ComClaims, to whom was referred the petition of Theodor G. Eiswald. submitted a report, so companied by a bill (S.No.150) for the relief of Theodor G. Eiswald. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. NYE, from the ComTerritor, to whom the subject was referred, reported a bill (S.No.155) concernin the oundaries of the State of Nevada; which was. read, and passed to a 2nd reading. BILLS INTRODUCED.
Mr. FESSENDEN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.149) for the relief of Daniel Winslow; which was read twice by its title, and referred to the ComClaims.
Mr. LANE, of Indiana, asked, and by unanimous consent obtained, leave to introduce a bill (S.No.151) for the relief of George B. Simpson; which was read twice by its title, and referred to the ComPatents and the Patent office.
Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill S.No. 152) to grant the right of way through the public domain for the construction of hig ways and canals and ditches for mining, agricultural and manufacturing purposes; which was read twice by its title, and referred to the comPubLands.
Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.163) granting certain lands to the State of lllin nesota to aid in the improvement of navigation of the Zambro river in said State; which was read twice by its title, and referred to the comPubLands.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S.No.154) concerning national banks in certain States and Territories; which was read twice by its title, and referred to the ComFinance.
Mr. NORTON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.166) making additional grant of lands to the State of Minnesota in aternate sections to aid in the construction of a railroad in said State; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. DISBANDMENT OP MILITIA.
Mr. WILSON asked, and by unanimous consent obtained, leave to introuce a JtResolution (S. It. No. 32) to disband the militia forces in certain States, and to prohibit their reprganization; which was read twice by its title.
Mr. WILSON. 1 would simply say, Mr. President, that these men were once disarmed when General Lee and General Johnstonand the other rebel generals surrendered. They are the some men. They have been organized again and arm. but in their hands, and they are just as loyal an lawabiding now as they were when they were confederate soldiers. There is one unbroken chain of testimony from all people that are loyal to this country, that the greatest outrages are perpetrated by armed men who go up and down the country searching houses, disarming people, committin out rages of every kind and description. "here cannot be any doubt about that. The generals commanding in these Depts all understand it, and let me say to the Senator that there is in the rebel States today scarcely an officer of the U.S. who is not of one opinion about all these acts.
Mr. SAU LSBURY. Will the Senator allow me to ask him a question?
Mr. SAULSBURY. Has the Congress of the U.S. the power to disarm the militia of the State of Massachusetts?
Mr. WILSON. I am not prepared to answer that question. JeffersonDavis maintained here some years ago that the militia was a part of the Army of the U.S.
Mr. SAULSBURY. I do not regard him as a uthority.
Mr. WILSON. The Senator will find that that was the doctrine laid down by that distinguished chief of the rebellion. I will say to that Senator that I believe this Congress has power to disarm ruffians or traitors, or men who are committing outrages against law or the rights of men on our common humanity. I have no doubt of our right to prevent the organization in the rebel States of any militia force, or any other force, until we define what it shall be. To motion to print the JtResolution and refer it to the omrnittee on Military Alfnirs t and the Militia was agreed to. THOMAS 1. WILSON.
Mr. CHANDLER. I move to postpone all prior orders and take up for consideration senate bill No.146. The motion was agreed to, and the Senate resumed the consideration of the bill (S.No.146 for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil; the question being on its passage.
Mr. GRIMES. I move that that bill be recommitted to the ComCommerce, with a view to having areport submitted.
Mr. CHANDLER. Before the question is put on that motion, Iask that the petition of the claimant be read; all the facts stated in it have been verified before the committee.
The Secretary read the petition, as follows: To the Senate and HoRep of the U.S. in Congress assembles: The petition of the undersignedrespectfully show elh, that during the eurs 1862, 1863, and 1861he was ie i thel service of the U.S. as consulat Bahia, IllZl. That during that time the ort of Bahia was the rendezvous of the irates A abama, Georgia, and Florida for the sout Atlantic. where they met their tenders and supplx ships and landed prisonerscap tured on boardo inerioan merchant vessel having at one time landed over 100 destitutepersonson his hands. That by reason of the visits of these pirates and their consortsto that port, additional duties and increasedexpenseswere imposed upon him not incident to the consulate in a time o pence. That the salary. which was fixed at the sum of $1,50operan nuni. was inadequateto the increasedduties and expenses of the consulate rowing out of the state of war in which the U.S. was then involved. hat at the time the pirate Florida camei nto that harbor, in repairedon board the U.S. steam sloopofwar Wachusett, which was 1ing in port at the time, and advisedand participate in the capture of the Girate in the port o Bahia: and that alter the pirate had surrenderedto the Wachusott the brazilian orts and vasselsof –war opened fire on the Wachusett and drovethat vesseLoutofport. which prevented him from landin, and compelled him to abandon the consulate. toilet or with residence which contained his household furniture. library, o othing, and personal effectst, hegreater art of which he has not been able to recover, and he as thereby sustained a loss of about 1500 dollars. of thereforepm 5 for the passageof an act affording him relief for the above losses. THOMAS F. WILSON.
Mr. FESSENDEN. The Senfrom Iowa will excuse me for inte osing, but I must ask whether the JtResolution for the amendment of the constitution is not now before the Senate. APPORTIONMENT of REPRESENTATION.
The PRESIDENT protempore The morning hour having expired, it is the duty of the Chair to call up the unfinished business of Friday last, which is the JtResolution (H.R.No. 51) proposing to amend the constitution of the U.S., upon which the Senfrom Illinois [Mr. YATESl is entitled to the floor.
Mr. HOWARD. Be ore the Senfrom Illinois proceeds, I wish to present an amendment to the resolution under discussion, and to ask that it be printed for the information of the Senate. The proposed amendment was received informally, and ordered to be printed.
Mr. SUMNER. I should like to hear that amendment read.
The Secretary read the proposed amendm ent, which was to strike out all after the word “taxed” in the 12th line of the resolution and to insert the following: and the right of voting for electors of President and VEEP for membersof the HoRep on for mombors of the most numerous branch of the State Legislature , is hereby granted to the followin classes of Generations of African desceu citizens of t. o U.S., namely, all males of the age of 21 years who have during the late troubles been duly enrolled in the Army or Navy of the U.S.: laisllhm, Farleensochf, liokreSapgaenaisbhlelatongreuadge and write the Enzinalcs of like roingehtin the possession and enjoyment in their own of property. real or persona], of the value of 8250;all such person who have been domiciled in the properelectiondistrict for at least 6 months next before an election at which they claim to vote; but no such personto be allowed to vote who is of unsound mind, a pan or or under conviction of an infamous crime. An Congress shall, in default of State laws necessaryto carry into effectthis provision, have full gpwterso to do by legislation applicable to all the a cs.
Mr. YATES of Illinois addressed the Senate. speech will be published in the Appendix. Speech entitled Apportionment of Representation. February 19, 1866. The Senate having under consideration the JtResolution (H.R.No.51) proposing to amend the Constitution of the U.S. Mr. YATES said: Mr. Passrnssr: I send to the desk to be read Senate bill No. 106, which I introduced on the 29th January last, and in favor of which Ipro pose to speak today.
The Secretary read the following bill: A bill to protect citizens of the U.S.in their civil and political rights. Whereas the Constitution of the U.S. abolishes slaveryin all the States and Territories of the U.S., wherebyall constitutions, laws, or regulations of any State or Territory in aid of slavery or growingout of the same are null and void and whereas. by virtueof saidabolitionof slavery.al men in all the Statesand Territories a roCIKHBDS, entitled taall the rightsand privileges of OlljZeDS. ulJjeColnly to the legal disabilities applicable to white persons; and whereas, also, it is expressly provided that conirress shall have power to enforcq by appropriate legislation the aforesaid powor abolishing slavery. which cannot be done without protecting cl citizens against all restrictions. penalties or deprivations of right resulting from slavery, an securing to them alltheir GI lland political rights, including the elective franchise: Therefore, BO 1! much 11 by the Senate and HoRep of the U.S.A.in Congress assembled. That no Stateor Territory of the U.S shall by any constitution, law or other regulation whatever. heretofore in force or hereafter to be adopted make or enforce or in any manner recognize any distinction between citizens of the U.S or of any State or Territory onaccount of race or color or condition and that hereafter all citizens. without distinction nfrnce, color, or condition, shall be protectedin the full and equal enjoyment and exercise of all their civil and no itical rights, including the right of sulffage.
The PRESIDING OFFICER, (fir. Doour ran in the chair.) The interruption has been so frequent of late in the gallery that the Chair feels called upon to enforce the (fider of the Senate and to direct that the galleries be cleared. The Sergeant at Arins will clear the gallery on the right of the Chair. The Sergeant at Arms proceeded to execute the orders of the Presiding Officer.
Mr. GUTHRIE. I think the applause was an inadvertence on the part of the galleries, and I would be very gla if the Chair, on re consideration, would reverse its order. I will almost pledge myself for the galleries that the disturbance will not be repeated.?
The PRESIDING OFFICER. The Chair will submit the question to the Senate whether the order to clear the galleries shall be reversed or not. The questionbeing put, the order was reversed.
The PRESIDING OFFICER. The Chair understood the suggestion of the Senfrom, Kentucky to be that the order madeby the Chair be reversed with the express understanding that if there is any repetition of the disturbance in the galleries the order will hereafter be strictly enforced.
Mr. GUTHRIE. That is my understand in, and I hope it will never take place a ain.
The PRESIDING OFFICER. The C air, therefore, under the direction of the Senate, will withdraw the order to clear the galleries, with that understanding.
Mr. SAULSBURY. While the honorable Senator is on this point, will he allow me to puta question to him?
Mr. SAULSBURY. [hider the re stering law of the State of Maryland more an 1/2 of the former voters of that State are excluded from the right of suffrage, althoughthey have never been convicted of any crime. Many of the most prominent citizens of the State, who have never been convicted of crime, or suspected by any fair minded man of having been guilty of crime, are excluded from the right of voting. Are those men, more than 1/2 the former voters of the State, who are now excluded from voting in that State, citizens, or are the not?
Mr. SAULSlKURY. Had the State of Maryland the right to enact that law? That is my question.
Mr. TRUMBULL. I understand that the Senfrom Pennsylvania desires the floor on the question now under consideration.
Mr. TRUMBULL. The floor being awarded to the Senator, I move to lay this subject aside and make it the special order for tomorrow at no oclock. Y The motion was agreed to.
Skip Skip MESSAGE FROMTTHE PRESIDENT. During Mr. Yatess speech the following message was received from the POTUS, by the hands of
Mr. Ronnivr Jonnson, his Secretary:, Mr. President, I am directed by the POTUS to inform the Senate that he approved and signed, on the 11th in stant, the bill (S.No.96) authorizing an increase of the clerica force in the postoffice Dept. I am further directed by the POTUS to return to the Senate, in which it originated, the bill (S.No.60) entitled “An act to amend an act entitled An act to establish a Bureaufor the Relief of Freedmen, Refugees, and Abandoned Lands, ” with his objecations thereto in Writing. ranunnnivs BUREAU VETO MESSAGE.
Mr. TRUMBULL. I now ask for the reading of the message from the President, return inty a bill with his objections.
The President protempore. The message will be read.
Mr. SUMNER. Let the wholegallery Ibe cleared.
The PRESIDENT protempore All portions of the galleries where disturbances were made will be cleared, if those portions can be discriminated; otherwise, the wholegalleries will be cleared.
Mr. TRUMBULL. I suppose the bill which has been returned by the President is now before the Senate.
The PRESIDENTprotem ore. Order must be restored by 1st clearingt e galleries before public business can be proceeded with.
Mr. SHERMAN. I suggest whether, at this late period of the days session, it is worthwhile to clear the galleries.
Mr. TRUMBULL. I will state to the Senfrom Ohio that this is a repetition of the disturbance this afternoon. lhere was one disturbance in the gallery in the early part of the day, and notice was distinctly given that if it was reeated the galleries would be cleared. The public business of the country cannot be transacted if we are to be disturbed by the noise of the galleries; and after having given them notice, if the galleries will persist in making disturbance, I see no other way but to enforce the rule and clear them.
The PRESIDENT protempera. The Chair will have the galleries cleared, unless otherwise directed by the Senate.
Mr. TRUMBULL. I be e only that portion will be cleared that create the disturbance. The SergeantatArms, in pursuance of the order of the President protempura, proceeded to clear the western portion of the galleries.
Mr. LANE, of Kansas. It is now almost 4 oclock, and there is a necessity for a brief executive session. [“No.” “No. ”] Do you, gentlemen, expect to have a vote 11 on this bill to night? “Certainly. ”] I shal certainly desire to have the message printed 1st.
The PRESIDEL protemfiiore. This bill having been returned by the POTUS with his objections, it becomes the dot of the Senate, this being the House in which the bill originated, to enter the objections at large upon their Journal and to proceed to reconsider the bill passed by them. It is the impression of the C air that no vote of reconsideration is required, but the Senate roeeed to reconsider the hill, and the question is taken whether the Senate will pass the bill, the objections of the President to the contrar notwithstanding, without an formal vote o reconsideration. The tguestion therefore is, Shall the bill pass notwi standing the objections of the President?
Mr. LANE of Kansas. I now move that the message of the President, only a portion of which I have heard, being absent from the Chamber a part of the time, be printed for the use of the Senatez and that the vote on this bill be stponed until tomorrow at one oclock. It is but respectful to the President that that be done.
Mr. GRIMES. Is the motion susceptible of division?
The PRESIDENT protempore The Chair thinks it is.
Mr. GRIMES. If so, I call for a division of the motion, so that the question shall 1st be put upon griutin the message. I am perfectly satisfie that that shall be adopted; but let us proceed to the consideration of the bill new. I call for a division of the motion.
The PRESIDENT protempore Then the question will 1st be on printing the message.
Mr. LANE, of Kansas. I desire to so but one word. This is a message from the POTUS, elected by the party holding the majority of this Senate. I am very anxious, so far as I am concerned, to preserve the unanimity, the union of the loyal party of the U.S., the Republican Union party. I am anxious to read this message. I o not know what the custom of Congress has been, but my recollection is that heretofore these messages have been printed and that the vote has been taken after temessage was laid upon the tables of Senators. I therefore be e that this message will be printed, and that tevote will be 0st oned until tomorrow.
Mr. edUGALL. I desire to say that the POTUS is recognized, I think, by this body as such, and he has sent to us a message which has been delivered within the past hour. He has with rest care and eat courtesy asked the consideration of this ghily on this question, and I do not think there is an one of the members of this body who woul, out of common respect to the President of the Republic, undertake to discuss it now until he had the opportunity of consideration. I think it wouldbe a rudeness to him, and if rudeness is intended, let it be asserted.
The PRESIDENT protempore The motion is upon the motion of the Senator Kansas printed. The motion was a eed to.
The President protem are. The residue of the motion is, that the urther consideration of this bill be postponed until tomorrow at one oclock.
Mr. LANE, of Kansas. On that motion I ask for the yeas&nays. The yeas&nays were ordered. The Secretary proceeded to call the roll. Mr. POLAN when Mr. Foors name was called) said: I deSire to state that my colleague is detained by sickness and unable to be here. The result was announcedyeas 17, nays 28. ABSENT 5. So the motion was not agreed to.
The PRESIDENT protempore. The bill is before the Senate, an the question is, Shall the bill pass, the objections of the President not witMhsr. tanLdAin}g.?E, of Kansas. I move that the Senate do now adjourn, and on the motion I call for the yeas&nays. The yeas&nays were ordered; and being taken, resultedyeas 19, nays 25; ABSENT 6. So the Senate refused toadjourn.
Mr. LANE, of Kansas. There are several Senators absent, and I think it but just to them that they should have an opportunity to be present when the vote is taken on this bill. I cannot consent, as long as I can postpone this question by the rules of the Senate, to have a vote upon it tonight. I therefore move that the further consideration of the bill be ost poned until tomorrow at 2 oclock, an on that motion I demand the yeas&nays. The yeas&nays were ordered; and being taken, resultedyeas 17, nays 29; ABSENT. 4. So the motion was not agreed to.
Mr. DAVIS. If think that the majority of the Senate ought, 1n propriety and magnanimity, to postpone the conSideration of this question until tomorrow. The honorable Senfrom Illinois who introduced the bill
Mr. SHERMAN. Will the honorable senator. from Kentucky give way to me for a moment?
Mr. SHERMAN. Mr. President, before submitting a motion, I haVe aword to say, with the consent of the Senfrom Kentucky. I have, voted twice against the postlponement of this Iquestion until tomorrow. am prepared to give my vote upon it tonight; but when Seu ators here say they desire time to read so important a document as this, the time to consider and reflect upon the importance of the vote they are about to cast, I think it a very hard thing for us to refuse an adjournment.
Mr. LANE, of Kansas. I was not present when a portion of the message was read).
Mr. SHERMAN. The honorable Senfrom Kansas, who is certainly a true friend to the cause in which we are engaged, says he has not heard this message. It seems to me it is rather hard to press a vote tonight, especially when the ordinary time of adjournment has arrived. I think a few hours sober reflection will not do any of us any harm. It is manifest that to attempt to force a vote on this bill to night would probably exhaust the strength ofal of us. I0not believe it is possible to obtain a vote tonight. If 4/5ths of the senate were in favor of it, they could not pass it tonight even againsta minority of 2 or 3. Now, when the proposition is made by one of our own politica friends to postpone this matter by an adjournment, so that it may come up tomorrow as unfinished business, think we ought notto den the motion. Itherefore move that the Senate o now adjourn. This question, as I understand, will come up as the unfinished business tomorrow and will overrule the special order.
The PRESIDENT protempore. That is the rule of the Senate.
Mr. SHERMAN. So that this bill will come up at one oclock tomorrow and be the ponding question. I therefore move that the Senate do now adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Moron, February 19, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borsros. The Journal of Saturday last was read and aproved.
The SPEAKER. The 1st business in order is the calling of the States and Territories for the introduction of bills on leave, to be referred to the appropriate committees, and not to be brought iiac into the House by motions to reconsider, beginning with the State of Maine. 8 HOURS LABOR A DAY.
Mr. ROGERS introduced a bill constituting 8 hours a days work for all laborers, work men, and mechanics employed by or in behalf of the Government of the U.S.
Mr. BANKS. Let it be reported. The bill was accordingly read. It constitutes 8 hours a days wor for all laborers work men, and mechanics employed by the U.S., and repeals all acts inconsistent there Wit. The bill was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed. TAXATION OF GOVERNMENT BONDS.
Mr. ROGERS also introduced a bill repealing all acts of Congress exempting Government bonds and securities from Federal, municipal or State taxation; which was read a 1st an 2nd time.
Mr. ROGERS. Would it he proper to refer that to the ComJudiciary? The SPEAKER. A question of taxation goes to the ComWays&Means unless a motion is made to refer it otherwise.
Mr. WENTWORTH. I move to refer it to the ComJudiciary. The ComWays&Means do not want it. The motion was agreed to; and the bill was accordingly referred to the ComJudiciary, and ordered to be printed. nOUNTIEs to VOLUNTEERS.
Mr. ROGERS also introduced a bill to pay a bountyto the volunteers of 1861 and 1862 equal to the highest bounty paid to the volunteers of 1863 and 1864, equalizing the bounty according to the time of service, &c.; which was read a 1st and 2nd time, referred to the ComMilAffrs, and ordered to be printed. CHAUNCEY B. SABINE and PETER W. GRAY.
Mr. RAYMOND introduced a bill for the relief of Chauncey B. Sabine and Peter W. Gray, of Harris county, Texas; which was read a 1st and 2nd time, and referred to the ComJudiciary. HOSPITALS and BARRACKS IN THE SOUTH.
Mr. SPALDING submitted the following JtResolution; which was read a 1st and 2nd time, and referred to the ComMilAffrs: Receivedby the Senate and HoRep, de. That the SecyWar he, and is hereby, authorized toiransmit to anvbencvolent institution designatedby the Governorsin anyone of the southern States in which temporary encampments, bur ruanctkcsd., and hospitals of the U.S. may be sit the materials of which said enciiinpnients, barracks and hospitals were constructed, whcnever, in his judgment. the interests of the U.S. will not he prejudiced thereby: Provided. That no one transfer as aforesaid shall exceedin value the sum of 85,000. RIVER and HARBOR IMPROVEMENTS.
Mr. BUCKLAND introduced a bill makiu appropriations for improving the harbors o Saudusky city, Huron, and Vermillion, and the navigation of the Sandusky river and head bf Sandiisky bay" which was read a 1st and 2nd time, an referred to the ComCommerce. BOUNTIES TO 100 DAYS, MEN.
Mr. CLARKE, of Ohio, introduced a bill to give a bounty in land to the Officers and soldiers Of the 100 days men; which was read a 1st and 2nd time, and referred to the ComMilAffrs. CONSTITUTIONal AMENDMENT.
Mr. McKEE introduced the followmg JtResolution; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed: Resolvedbythe Senate and HoRep, djc" That the following amendmentto the Constitution be, proposed to the several State Legislatures. ratified by thrce 4ths of the several States, shall be valid to all intents and purposes as a part of the constitution: ARTICLE. No person shall be qualified or shall hold the office of President or VEEP, Senator or Representative in the national Congress, or any of lice now held underappointment truin the POTUS, and foqllllllli! the confirmation of the Senate, who has beenor shall hereafterbe engagedin any armedeon spiracy or rebellion u must the Government of the U.S., or who asbold or shall herealterhold any office, cither civil or military, under any protended government or copspiracyset up within the some, or who has voluntarily aided, orwho shall here after voluntarily aid, abet, or encourageany cons iiacy or rebellion against the Government ot the U.S. HOSPITAL AT JEFFERSONVILLE.
Mr. FARQUHAR introduced a JtResolution confirming the transfer of the U.S. hospital at Jeffersonvillc, Indiana, to the State of Indiana as a donation for the benefit of Indiana soldiers and seamen disabled in the service of the U.S.; which was read a 1st and 2nd time, and referred to the ComMilAffrs. ILLEGAL ARRESTS and PROSECUTIONS.
Mr. MOULTON introduced a bill for the protection of persons against illecal arrests and prosecutions for acts done under authority of Government or military authority; which was read a 1st and 2nd time, and, referred to the ComJudiciary. CONSTITUTIONal AMENDMENTS.
Mr. BROMWELL introduced a JtResolution declaratory of the right of amending the Federal constitution.
Mr. ELDRIDGE. Let the JtResolution be read. It was read as follows: Resolved by the Senate and HoRep of the U.S. in Congress assembled, That the totesof this Union which did not renounce their allegiance to the Federal Governmentduring the late rebellion, butstood together maintaining the same in the faceof the enem through a war waized against the Union for the superversion of the Federal Constitution, are the only States clothed With legal power l o consider and decide upon amendments to that Constitution; and that States which did, by their Legislatures. call conventions for the purpose of expressly denying llllOZlllIlC( totho Federal constitution and Government and did bysuchconventipns ordain denial of such allegrapec; and did. by their convantions, Legislatures, Judiciarics, executives and peopleturn over their State governments and powers. civil and military, to another and distinct nationality soughtto be created, for the purpose of waging war against this Government; and did abrogate all State governmentas States of this Union and did abdicate all government asin and of this Union; and did by their organizationsand people wagewar againstthis Government and people until overthrown by force: and who are not now by their military power in the field against our armies, because force and means fail them to make further war: and whose people claim their lives as public enemies conquered in battle, are incompetent at law, and have no right in conscience to vote upon any amendment of the Federal constitution, or other mse act so as to affect the rights ofloal States, until 1st restored to full power in this nion by Congress; but that when any amendmentshall be proposedby congress and ratified by the Legislatures of 3/4ths of the loyal and recognize States. the same shall betaken and held thereafter as part of the constitution of the U.S. foral purposes.
Mr. ELDRIDGE. I move to lay the JtResolution on the table.
The SPEAKER. It is not in order, under this call, to move to lay the JtResolution on the table. The gentleman can object to granting leave for its introduction, and that question will be decided by a vote of the House.
Mr. ELDRIDGE. I object to leave being granted to introduce the JtResolution.
Skip Skip The question was taken; and upon a division there wereayes 78, noes 21. So leave was granted; and the JtResolution was received, read a 1st and 2nd time, and referred to the ComJudiciary. SUITS AGAINST LOYAL MEN.
Mr. COOK introduced a bill to amend an act entitled “An act relating to habeascorpus and regulating judicial proceedingsin certain cases, ” apgroved March 3, 1863; whichwas read a 1st on 2nd time, referred to the ComJudiciary, and ordered to be printed. PENSIONS IN CIVIL SERVICE.
Mr. HARDING, of Illinois, introduced a JtResolution relative to pensions in civil service; which was read a 1st and 2nd time, and referred to the ComInvalidPens. RAILROAD unassun HATES.
Mr. HARDING, of Illinois, also introduced a bill to amend an act to provide internalrevenue to support the Government, approved June 3, 1864, as amended March 3, 1665, respecting railroad fares and rates; which was read a rat and 2nd time, referred to the ComWays&Means, and ordered to be printed. DUTY 0N PRINTING PAPER.
Mr. INGERSOLL introduced a JtResolution reducin the duty on printing paperan sized, and used for books and newspapers exclusively; which was read a 1st an 2nd time and referred to the ComWays and cans. PAYMASTEBS IN THE U.S. ARMY.
Mr. ASHLEY, of Ohio, introduceda bill for the relief of paymasters in the Array of the U.S.; which was read a 1st and sec 0nd time, and referred to the ComMilAffrs. REIMBURSEMENT or MISSOURI.
Mr. LOAN introduced a bill to reimburse the State of Missourifor moneys expended for the U.S.; which was read a 1st and 2nd time, referred to the select committee on war debts of loyal States, and ordered to be printed. EMIGRATION FROM EUROPE to MICHIGAN.
Mr. FERRY introduced a bill for a grant of lands to aid and encourage emigration from EurOpe to the upperpeninsula of Michigan; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. Q IOWA and MISSOURIRAILROAD.
Mr. WILSON, of Iowa introduced a bill ranting land to the lows and MissouriState Line tailroad company, and for other purposes which was read a 1st and 2nd time, referre to the ComPacificRR, and ordered to be printed. BRIDGE acaoss THE MISSISSIPPI.
Mr. WILSON, of Iowa, also introduced abill to authorize the Kcokuk and Hamilton Missis sippi Bridge Company to construct and operate a railroad, wagon, and foot bridge across the Mississippi river and to declare the same a military road and post road; which was read a 1st and 2nd time, and referred to the comPostOffice. SIOUX INDIAN DEPREDATIONS.
Mr. HUBBARD, of Iowa, introduced a bill for the relief of citizens of Iowa for damages sustained by reason of depredations and injuries by certain bands of Sioux Indians; which was read a 1st and 2nd tlmte, and referred to the ComIndAffrs. RECLAMATION OF SWAMP LANDS.
Mr. COBB introduced a bill to amend an act entitled “An act to extend the provisions of an not entitled An act to enable the State of Arkansas and other States, to reclaim the swamp lands within their limits, to Minnesota and Oregon, and forother purposes, ” approved March 12, 1860; which was reads. 1st and sec, end time, and referred to the ComPubLands. TRADE ON THE CANADIAN FRONTIER.
Mr. PAIN E introduced a bill to regulate the foreign and coasting trade on the northern, northwestern, and northeastern frontiers, and for other purposes; which was read a 1st and 2nd time, and referred to the ComCommerce. POST ROADS IN CALIFORNIA.
Mr. BIDWELL introduced abill to establish certain post roads in the State of California which was read a 1st and 2nd time an referred to the comPostOffice. DONATIONS OF PUBLIC LANDS.
Mr. McRUER introduced a bill to confirm to the State of California, and purchasers under her laws, selections of land made in part satisfaction of the various acts of donation by congress; which was read a 1st and 2ndtime, referred to the ComPubLands, and ordered to be printed. RAILROAD LAND GRANT IO MINNESOTA.
Mr. WINDOM introduced a bill making an additional grant of lands to the State of minnesota, in alternate sections, to aid in the con; struction of a railroad in said State; which was read a 1st and 2nd time, and referred to the Committee on, Public Lands. A. MORRISON.
Mr. HENDERSON introduced a bill to in demnify A. Morrison for ropeity destroyed by Indians; which was readla 1st and 2nd time, and referred to the ComIndAffrs. PACIFIC RAILROAD.
Mr. ASHLEY, of Nevada, introduced a bill to donate public lands for certain purposes to the parties therein named; which was read a 1st and 2nd time, and referred to the ComPacificRR. WAGON ROAD IN UTAH.
Mr. ASHLEY, of Nevada, also introduced a bill authorizing a wagon road in the Territory of Utah; which was read a 1st and 2nd time, and referred to the ComRds&canals. CAPITOL BUILDING IN NEV MEXICO.
Mr. CHAVES introduced a bill to priate the sum of $30,000 for the comapeptrioon of the capitol in the Territory of New ll Mexico which was read a 1st and 2nd time, and referred to the ComTerritor. NEWMEXICO and ARIZONA.
Mr. CHAVES also introduced a bill for the relief of the inhabitants of towns and villages in the Territories of NewMexico and Arizona which was read a 1st and 2nd time, an referred to the ComPubLands. PORTS OF ENTRY.
Mr. DENNY introduced a bill to change the location of the ports of entry for the Puget sound collection district; which was read a 1st and 2nd time, and referred to the ComCommerce. INDIAN SUPERINTENDENT FOR COLORADO.
Mr. BRADFORD introduced a bill in relation to the office of superintendent of Indian affairs in Coloradopterritory; which was read a 1st and 2nd time, and referred to the ComIndAffrsi PUBLIC BUILDINGS IN COLORADO.
Mr. BRADFORD also introduced a bill to provide for the construction of public buildings in Colorado territory; which was read a 1st and 2nd time, and referred to the ComTerritor. SALARY O!" JlDtlllS IN COLORADO.
Mr. BRADFORD also introduced a bill to increase the salary of the judges of the supreme court of Coloradopterritory; which was read a 1st and 2nd time, and referred to the ComTerritor. PUBLIC BUILDINGS IN BROOKLYN.
Mr. J. HUMPHREY introduced a JtResolution to appoint a commission to select a site for a building for a postoffice and courthouse in the city of Brooklyn, State of NewYork; which was read a 1st and 2nd time, and referred to the ComPostOffice. INTERNALREVENUE.
Mr. SMITH introduced a bill to amend the 6th paragraph of section 79 of an act to provide internalrevenue, &c., approved March, 1865; which was read a 1st on 2nd time, and referred to the ComWays&Means.
The SPEAKER stated the next business in order to be the call of States and Territories for bills and resolutions in an inverse order, commencing with the Territory of Montana. PONISHMBNT OF REBELS.
Mr. HENDERSON submitted the followmg resolutions, on which he demanded the previous question: l. Resolved That it is the senspofthis Houseall just raingdhts righteous Governments are intended not to confer and privileges uponthosubjectsthereof. but to secure to each and every indivulual the full, free, and untrainmcled exercise andODJOYHJQDoIf. all those rights which God has bestowedupon him. 2. Reloloed. That the safety, happiness and pros perilyof the people require that yustan adequate penalties be annexed tqthe violation of law. on that those penalties be inflicted upon transgressors, not for the purpose of retaliation or revenge, at toinsure subordination and o edieucc. Resolved further , That we will stand by; and sustain the President in executingtholaws oft o U.S. upon a suflieient number of leading rebels in cutii of the Stateslately in insurrection against the national Government to vindicate the maicsty of the law. to sustain the confidenceof loyal people, and warn tue refractory for all time to come. The previous question was not 2nded.
Mr. ltANDIsGEE stated he rose to debate the resolutions. The resolutions went over under the rule. IOWA and MISSOURISTATE LINE RAILROAD.
Mr. KASSON presented JtResolution and memorial of the State of Iowa. asking congress for a grant of lands to aid in the construction of the Iowa and MissouriState Line Railroad; which were referred to the ComPacificRR, and ordered to be tinted.
Mr. GRINNELL presented a similar resolution; which had a ike reference. IKECHROCITY TREATY.
Mr. KASSON presented the memorial of the American Free Trade League in reference to the reciprocity treat; which was referred to the Committee of ays and Means. RECONSTRUCTION.
Mr. LONGYEAR submitted the following, on which he demanded the previous question: Rmmlved. That in the language of the proclamation of the President of May 29. 1865. “the rebellion which was waged by aportion of the people of the U.S. uzmnst the properly constituted authorities oi the Government thereof in the most violent and revolting form but whose organized and armed forces have now been almost entirely over come. has in its revolutionary grpgrm deprived the people" of the States in which it was organised"of all civil government.” Resolved. That whenever the peoplo of on State are thus “deprived of all civil government, it be comes the duty of Congress. by appropriate legislation. toenablethemto organize a State government and in the language of the constitution to guaranty to such State it RFG. Resolved further that the the deliberate senseof thiilHouse President oinndmitiaoinntoaiinthineg rebel States fully justifles the balm" emin in of the writ of those States. Ifwmfvei. That it is the deliberatesenscofthis House the i presid the on condition ntonfiutihnesrrmobileit]a State of suslelysjsuiostnilius the trol thereof and that the President and conis entitled to the thanks of the nation for employing the war power tor the protectionof Union citirens and the freedmen in those states.
Skip Skip The previous question was 2nded. Mr. LeBloND demanded the yeas and nys. The yeas and as s were ordered. Mr. BROOMAL. Iask for a separate vote on the 1st resolution. Mr. LAWRENCE, of Ohio, I ask a separate vote on all of the resolutions. The main question was ordered. Mr. LEB 0ND; I do not ask for the yeas&nays on each resolution, but on the entire proposition. Mr. ELD RIDGE. I make the point of order that, afler the yeas and nnys were ordered, it was not in order to call for a division. The SPEAKER. The rule provuies that any member may call for a division of a question susceptible of a division, before the main question is ordered. Mr. BROOMALL, and Mr. LAWRENCE of Ohio, withdrew the demand for a (liviSion. Mr. FINCK moved that the resolutions be laid upon the table. Mr. LEBLOND demanded the yeas&nays. The ees&nayswere ordered. Mr. AYMOND. I Wish to say, before demandin a divisionMr. WILSON, of Iowa. I object to debate. The question was taken; and it was decided in the negativeyeas 29, nays 119, not voting 34; So the resolutions were not laid upon the table. Pending the rollcall, Mr. LOAN stated that his colleague, Mr. BLOW, was detained from the Houseby sickness.
Mr. RAYMOND. I desire to ask a question. I will not trespass one minute.
Mr. RAYMOND. Then I call for a division. I wished to ask a question which I thought might obviate the necessity of a division. h
Mr. WILSON, of Iowa. Well, I will hear t at.
Mr. LeBloN D. I object unless the gentlemen ou the other side permit us on this side to offer our reasons wh we vote against some of these resolutiOns. am perfectly willing to extend the courtesy to the gentlemen on the other side if it is only extended to us on this 51 c.
Mr. RAYMOND. If the gentleman will allow me to state my question, perhaps he will withdraw his objection.
Mr. LeBloN D. I have no doubt the gentleman has good reason for his action, but I insist upon the objection unless it is understood that we have the some courtesy extended to this side. Chanler, Dawson.
Mr. RAYMOND. I then ask to have a separate vote taken on the 1st 2 resolutions.
Mr. WENTWORTH. I will ask a separate vote on each one of them. I
Mr. LAWRENCE, of Ohio. demand the yeas&nays on the 1st.
Mr. KASSON. Mr. Speaker, has not the mornin hour exired?
The SPEAKER. The morning hour has expired, but the previous question has been 2nded and the main question is now being Ht. p
Mr. RANDALL, of Pennsylvania. I raise the question whether the last resolution is not susceptible of division; it states 2 distinct propositions, and I call for a division of it.
The SPEAKER. The Chair thinks it is. The yeas&nayswere ordered on the adoption of the 1st resolution.
Mr. SMITH. I raise the question of order whether these resolutions should not go, under the rule, to the ComReconstruction.
The SPEAKER. The Chair has examined that question, and is of opinion that they would not go to that committee. But the point oforder comes too late now after the previous question has been 2nded, and the main question or dered. The question was upon agreeing to the 1st resolution, which was as follows: Rerolord, That in the language of the proclamation of the President of May 29, 186). “the rebellion which was waged by a portion of tbepeople of the U.S. ngainsttheproperl constituted auihob ilics of the Government thereu in the most violent and revoltink form, but whose organized and armed forceshave now been almost entirel overcome. has in its revolutionary progress deprive the people" of the Statesin which it wasorganized" ofal civil government.”
Skip Skip The question was taken; and it was decided in the a rmativeycas 102, nays 86, not voting 44; So the 1st resolution was adopted. The question was then upon agreeing to the 2nd resolution, as follows: Rmlnezl, That whenever the people of any State are thus “deprived of all civil governinpnt, it he comes the duty of Congress. by up iropriate Iefillrlntion. to enable them to organize a tuto government, and in the language of the constitution to guaranty to such State a RFG. Mr. STEVENS. I call for the yeas&nays. The yeas and nnys were ordered. The question being taken on agreeing to the 2nd resolution, it was decided in the flillllm ativeyens 104, nays 33, not voting 45;. . So the 2nd resolution was adopted. The question was then upon agreeing to the 3rd resolution,
The Clerk Read as follows: Evolved. That it is the deliberate sense of this ous cthat the condition of the rebel States fully Juptines the President in maintainin the suspension 01the writ of habeaacorpusin those totes.
Skip Skip Mr. FINCK. I demand the yeas&nays. The yous&nays were ordered. The question being taken on agreeing to the resolution, it was decided in the affirmative yeas 120, nays 26, not voting 86; So the 3rd resolution was adopted. During the rollcull, Mr. OllTH said that his colleague, Mr. DU noxr, was detained from his seat in consequence ol serious illness. The 4th resolution was agmn
The Clerk read, as follows: thIatet enlwd. That it is the deliberate senseofthis House illGCUlidliiOllof the rebel States fully justifies the Ircsident in maintaining military possessionand control thereof and that the President is entitled to the thiinksoftho nation for employing the war power fine rththoesepSrotatetecstion of Union citizensand the freedmen
Mr. RANDALL, of pennsylvania, demanded a division of the resolution. The question was upon arreeing to the 1st clause of the resolution, as follows:. Retained. That it is the deliberatesenseof thisHouse that the condition of the rebel States fully justifies the President in maintaining military possessionand control thereof.
Skip Skip Mr. ASHLEY, of Ohio, called for the yeas nud iinys. The yeasnnd nnys were ordered. The question was taken; and it was decided GDISODF in the affirmativeyeas 117, nays 23, not voting 42; So the 1st branch of the resolution Was agreed to. After the rollcall was concluded Mr. DONNELLY said: I would have voted in favor of this branch of the resolution ifI had been in my seat when m name was called. The question recurre upon agreeing to the last branch of the resolution, as follows: and that the President is entitled to the thanks of the nation for emp lqying the war power for the retcction of Union citizens and the “reedmenin those States.
Skip Skip Mr. BANKS called the yeas&nays. The yeas&nays were ordered. The question was taken, and it was decided in the otiirmativeyeas 134, nays 8, not voting 40; So the last branch of the resolution was agreed to. Mr. UPSON mtRtv the various votes by which the House agreed to the several resolutions; upon the table. Agreed to. MONEYS FROM REBEL STATES.
The SPEAKER laidrbefore the House a communication from the SecyTrew 1! ury, transmitting, in compliance with the resolution of the House of February 7, 1865, a tab ular statement of the moneys paid into the Treasury since April I, 1865, to date, by the States lately in rebellion; which was laid upon the table, and ordered to be printed. REPORT ON COMMERCIAL RELATIONS.
Mr. LAFLIN, from the ComPrintg, submitted the following resolution, upon which he called the previous question: Relolved. Thus 550 extra copies of thy report on the commercial role of the U.S. printed for Wthitehuse foreign nations for be year 1865 be of the State Dept.
Skip Skip The previous question was 2nded, and the main question ordered; and, under the operation thereof the resolution wesn ced to.
Mr. WASHBURNE, of Illinois. [more to reconsider the vote on agreeing to the resolution just adopted. I make this motion for the purpose of asking a question of the Gentfrom NewYork, Mr. Luann] I observe that teresolution provides only for the printing of a certain number of copies of the report on commercial relations for the use of the State Dept. The resolution which I introduced provided for the printing of the usual number o extra copies for the use of members of the House. I would like the gentleman to state wh the resolution, as reported, does not provide or furnishing any copies of this document to the House. So far as I am individually concerned, I am not particular. about having any copies printed for the use of the House; at I do not see why the number ecified in the resolution should be printed for teuse of the State Dept, while none are printed for this House.
Mr. LAFLIN. Mr. Speaker, of every doc ument ordered to be printed by the House 1550 copies are required bylaw to be printed. That is the regular number. In addition to that, the lawprovides for printing extra copies of certain documents. By the law it is provided that of the reports of the Secy on the commercial relations of the U.S. with foreign countries there shall be printed 2000 copies forSenators, 3000 for Representatives, and 450 for the State Dept. But, sir, the State Dept desires for its own use, inasmuch as there are 900 officials who require this work. 1,000 copies. In order to meet the deficiency the committee have reported in favor of printing 550 extra copies for the State Dept; making 1000 copies. The matter now stands in this way: there will be printed for the use of the members of this House 3000 copies, and for the use of the State Dept 1000 on ice.
Mr. wASHBURNE. of Illinois. That explanation is entirely satisfactory. I now move that my motion to reconsider be laid on the table. The motion was agreed to. MEMORIAL ADDRESS OF Mr. DANEROFT.
Mr. LAF LIN, from the ComPrintg, also reported the following resolution, upon which he called the previous question: Resolved. That there be printed for the useofrncm hersof this House 20,000 extra copiesof the memorial addressof Hon. George Baneroft. niid th o proceediussthereon. on the death of the late President Lincoln. delivered before the 2 Houses of Congressand their invited guests. on the 12thinstant.
Mr. ROGERS. I move to amend by adding " the Dred Scott decision.”
The SPEAKER. That motion is not in order at this time.
Skip Skip The previous question was 2nded, and the main question ordered, which was upon agreeing to the resolution. The question being taken, there were, on a divisionayes 71, noes 18. So the resolution was agreed to. Mr. LAFLIN mtRtv agreeing to the resolution; on the table. agreed to. INTERCONTINENTAL TELEGRAPH.
Mr. BANKS. Iask the leave of the House to present a JtResolution relatingto the completion of telegraphic communication between the western and eastern continents. It is important that the coming season should be appropriated to this work; I therefore propose to ask the consideration of this resolution at the present time. I ask that it may be read for the information of the House.
The Clerk read the point resolution. It recites in the preamble e provisions of the act of July 1, 1864, on the same subject, authorizing the SecyNo to detail avessel to assist in surveys and sounings, layin down submarine cable, transporting materia s connected therewith, and generall afford such assistance as may he deems best calcu lated to secure a successful prosecution of the enterprise. The reamble further recites that the emperor o Russia, for the purpose of cooperating withthe Government oft ie U.S. under the act of 1864, has ordered a steam corvette, the Vuriay, of 2,156x tons burden, 17 uns, and 306 men, to be placed subject to the orders of the tele raph company; and that the company intend during the ensuing summer to lay the submarine cable required at Behrings straits, the cable and the material for the entire line being nowin transit, and the vessels of the company, 7 in number, being ready at SanFranciseo and Vancouver, and requiriu immediate cooperation on the part of the U.S. in conformity with the not referred to. The resolution, therefore, authorizes and requires the SecyNavy to detail one steam vessel from the squadron of the Pacific station to assist in making surveys and soundings in that art of the Pacific coast both of America an Asia where it is proposed to establish said telegraph, in laying the submarine cable, in transporting materials connected therewith, and generally to afford such assistance as may be best calculated to secure the success of the enter rise and to carry out the purposes of the act of guly 1, 1864, entitled “ An act to encourage and facilitate telegraphie communication between the eastern an western continents. ”
Mr. WASHBURNE, of Illinois. The Gentfrom Massachusetts does not propose to act upon that now without further conSideration.,
Mr. BANKS. Of course I desire it to be considered now.
Mr. WASHBURNE, of Illinois. I do not propose to legislate for the benefit of a tele graph or any other company in this wayto put our Navy under its orders.
Mr. BANKS. The resolution is nearly a transcript of the 2nd section of the act of 1864, except that this requires the SecyNavy to furnish this vessel, instead of lacing it at his discretion, as the act of 1864 id. We were at war with the insurgent States. If action is to be taken, it should be disposed of eurkv this season. If the House is not disposed to ecide the question today, let it be introduced, so it shall take its place next after the Pennsylvania contestedelection case.
Mr. BANKS. I move, then, that the rules be suspended.
Mr. BROOKS. I wish to ask a question in reply to a remark of the Gentfrom Illinois. What difference is there whether this U U.S. vessel shall idly cruise off the coast of California or be ordered to the discharge of this service?
Mr. WASHBURNE, of Illinois. I have good reason for my objection. It would cost a great deal more to send out a vessel for this purpose than to keep one cruising there. I am opposed to directing the SecyNavy to put a naval vessel at the disposal of any company, telegraph or otherwise.
Mr. STEVENS. Mr. Speaker, one word. Last year we authorized the SecyNavy to send one of our ships to the Puciic: coast to aid this company in the great enters prise of laing this most important line of tel egraph. The Russian Government at once ordered one of its vessels to attend the layin down of the line so far as its coast went. t went further, and ordered one of its vessels to cob erate with the vessel which we authorized, as that Government said, that the 2 fla s of Russia and the U.S. might ming e in the execution of this great work. Our order is still out; but some clerk in the Navy Dept says, notwithstanding that objectis plain upon its face, et it does not usethe word “re quired, ” but the word “authorized, ” in the ordinary way, and it will not grant it. I he e we will allow the legitimate construction of the act to be carried out. We have a vast number of vessels now doing nothin.
Mr. WASHBURNE, of Hline is. This is to amend the act of last Congress?
Mr. STEVENS. This is to any required instead of authorized.
Mr. WASHBURNE, of Illinois. I hope the House will not agree to it.
Mr. BANKS. Pending the motion to suspend the rules, I ask the Gentfrom Illinois to allow me to make a single sn stion.
Mr. WASHBURNE of Illinois. Widen the rules are suspended and it comes in we can then discuss it on both sides.
Skip Skip The House divided; and there wereayes 97, noes 9. So the rules were suspended. The JtResolution was read a 1st and 2nd time.
Mr. BANKS. Mr. Speaker, I desire to make a single suggestion in reply to the Gentfrom Illinois. This is one of the grandest enter rises of the age; and all that is asked of the U.S. is that our Government shall furnish a vessel to carry the flag of our country during the operation of laying the submarine telegraph line. There are 200,000 miles of tel egraph in Europe and Asia, and 100,000 miles here, making 300,000 miles. It is necessaryto connect these lines by a submarine cable at Behrings straits. This great line is completed except about 2500 miles, 12 or 1500 miles in Asia and ten or 1200 on the American side. It will probably be completed this summer, certainly in 1867. It is an American enterprise. Mr. Collins is the author of the cute rise is a nathre of NewYork and a citizen of NewBork; and colonel Bulkley, with whom I served 3 years in the Army of the U.S., the engineer charged with the execution of the work, is a citizen of NewYork. He is one of the most patriotic, courageous, and capable men I have nown, and has few if an superiors in this country as atelegraphic engineer. In his hands it is certain to be successful. The enterprise will be completed this summer, at the farthest in 1867. The SecyNavy will through this enterprise be able at any moment to communicate with his vessels at any naval station upon the face of the earth. All we ask is he shall allow the flu of the U.S. to attend our engineers an wdrkmen in the completion of the work. The Emperor ofRussia has given his whole heart to the success of the enterprise, and has voluntarily granted the use of a 1st cluss vesselofwar, as stated in the preamble; the British Government has granted everything required; and the U.S. Government has given everything except that which we now ask. I demand the previous question.
Mr. RICE, of Massachusetts. Will the gentleman yield?
Mr. RICE, of Massachusetts. If I understand the resolution correctly, I think it limits the vessels that may be detailed for this service to the Pacific squadron. I would inquire whether my colleague knows that there is a suitable vessel there, and suggest whether it would not be expedient to enlarge the scope of the resolution sufficientlyto send a properves scl fitted for this work from any quarter.
Mr. BANKS. I understood there were vessels proper for this service on the Pacific side. I have no objection, however, to modifying the resolution by addin after the words “Pacific squadron” the wor s “or elsewhere. "
Mr. WASHBURNE, of Illinois. I ask the gentleman to withdraw the previous question or a moment.
Mr. BANKS. I do not wish to open a General debate; if the gentleman wants to make a suggestion I will Withdraw it.
Mr. WASHBURNE, of Illinois. I wish to make this suggestion in reply to the Gentfrom Massachusetts. This is a corporation which has been established for the purpose of building these telegraph lines. It is entirely a private matter. on ress at the last session placed this matter at e discretion of the SecyNavy, and in the exercise of. a very wise judgment, in my opinion, he declined to allow any vessel to be appropriated to this use. Now this corporation comes here and asks Congress to direct the SecyNavy to place this vessel at its disposal, and the people of the U.S. are now asked to pay the expenses which this telegraph company should itself pay. That is just what it amounts to. It is suggested that it is not going to cost any more to have this vessel go upon this exiedition than it would to have it lie idle. hat sag estion cannot be sustained. I make the preiction that we shall involve this Government in an expense of $50,000 bylthe passage of this JtResolution. If the House is are pared to do this, it may do so; for one am opposed to it.
Mr. BROOKS. Will the Gentfrom Massachusetts yield to me for 2 or 3 words only?
Mr. BROOKS. This not a mere corporation. If it were I would not vote for it on that ground. The Government and the world are to act through the agency of this telegraph. It is a great act of civilization. It is stretching out the American continent to the Old World through the only successful route, and above all it is the only means of reaching the only European Power that is favorable to the people of the U.S. it is indispensably necessa, therefore, situated as we are with regard to hmnce and England, forthwith by telegraph to connect ourselves with Russia, our only friend in Euro e. h
Mr. BANKS. I have only a word more to say, and then I shall call the previous question. This is not strictl private enterprise. It is one in which the whole world is interested. It is true that it is effected through the agency of a corporation, as man other great works are, but it is sustained an will succeed through the assistance of Governments. If the Navy Dept of this country has no interest in such a question as this, the people have. It puts us in communication With 500 million people the Russians and Chinese who are friendly to us, and who are the only friends we have in the Old World and in effecting communication with these friendly nations we dwarf in the future whatever of the European Powers that are hostile to us. Upon that consideration alone this cute rise is one of purely public character, and should be so regarde by every member of this House. I call the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. The question was then taken on agreeing to the amendment to add after the words “ Pacific station, ” the words “or elsewhere, ” and it was agreed to. The JtResolution was then orderengross for a 3rd readin; and being engrossed, it was read the 3rd time. he question then was on the passage of the JtResolution. Mr. BANKS. I demand the previous question on the passage. The previous question was 2nded, and the main question ordered; and under the operation thereof the JtResolution was passed. Mr. BANKS. mtRtv the resolution was passed; a on the table. Agreed to. MEXICAN LOAN.
Mr. SCHENCK. I ask unanimous consent to haye the followmg resolution considered at this time: Resolved. That the President be requestedto conmittee. to this House, at as early a day as praeticable. if in his opinion not incompatible With the public interests, any correspondence or other information in his possessionor on file in the State Dept having relation to anysteps. taken by the republican Government of Mexico directed to the ol n loan in the U.S. for the purpose of procuring mcaii tso sustain that republic in its cffortto maintain its independence.
Mr. RADFORD. I object. incons TAX 0s UNiisimmn MEN.
Mr. HUBBARD, of Connecticut, by unanimous consent, submitted the followin resolution; which was read, considered, an agreed Resolved, That tho ComWays&Means be Instructed to inquire into the exped encyof making such an amendmentto the internalrevenue law aswill notallow the same amount of examtion from taxatien to a single man as to a househoder and a man having a family, and that they be permitted to report by bill or otherwise. NAVYYARD IN CONNECTICUT
Mr. BRANDEGEE. I ask unanimous consent to submit the following resolution to be considered at this time: Resolved, That the ComNavAffrs be instructed to inquire into the advantagesof a siteof fered to the Government upon theriverlhames, near NewLondon, Connecticut, for naval purposes, and to report upon the expediencyof acceptingthesamefor the purpose of establishing thqreat a navyyard or naval station for the construction, repair, or layin up in ordinary ironclad or other naval vessels, wi leave to report by bill or otherwise.
Mr. J. M. HUMPHREY. I am instructed by the ComCommerce to report a bill to amend an act entitled “An act to prevent the spread of foreign diseases among the cattle of the U.S., ” approved December 18, 1865, and ask for its consideration at this time.
Mr. RADFORD. Let the bill be read. The bill was read at length. The 1st section provides that the act to irevent the spread of foreign diseases among the cattle of the U.S., approved ecember 18, 1865, be amended so as to provide that the importation of neat cattle and of hides of neat cattle from any foreign country into the U.S shall be prohibited; provided that the operation of this act, or an part thereof, may be suspended as to any orcigu country or countries, or any parts of such country or countries, when ever the SecyTreasury shall officially determine and give public notice thereof that such importation will not tend to the introduction or spread of contagious or infectious disease among the cattle of the U.S.; and the SecyTreasury is authorized and empowered, and it shall be his duty to make all the necessary orders and regulations to carry this law into effect or to suspend the same as therein provided, and to send copies thereof to the proper officers in the U.S., and to sue officers or agents of the U.S. in foreign countries as he shall judge necessary. e 2nd section provides that the POTUS, whenever in his judgment the importation of neat cattle and of ides of neat cattle may be made without danger of the introduction or spread of any contagious or infectious disease among the cattle of the U.S., may by proclamation declare the revisions of this act to be ine perative, and the same shall be afterward ine perative and of no effet, from and after th irty days from the date of said proclamation. Section 3 provides that any person convicted of an unlawful violation of any provision of this act shall be punished by a fine not exceeding $500, or by imprisonment not exceeding one year, or by botii such fine and imprisonment, in the discretion of the court. o objection was made to the introduction of the bill.
Skip Skip The bill was then read a 1st and 2nd time, and orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time, and passed. Mr. M. HUMPHREY mtRtv the bill was passed; upon the table. Agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. LAWRENCE, of Pennsylvania. I ask leave of absence for my colleague, Mr. Minute, for several days. Leave was accordingly granted. The SPEAKER. I am reuested to ask leave of absence for Mr. Li: LOND for 2 weeks. Leave was accordingly granted. PAY OF OFFICERS IMPROPEBLY DISMISSED.
Mr. ECKLEY, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComMilAfiifl be requestedto inquire into the expediencyof providing for paymentand allowanceto meritorious otll cerswho, while in service during tbewarof the rebellion were summarily dismissed without trial and reinstated upon propershowing said payment and allowance to cover the period rem their dismissal until their restoration: and that they report by bill or otherWise. CONTESTEDELECTION CASE.
Mr. DAWES presented, from the ComElections, a report on the contested election case of Washburn vs. Voorhees, accompanied with the following resolutions, which were read: Resolved, That Hon. Daniel W. Voorhecs is not on titled to asent in this Houseasa Representative from the 7th district of Indiana in the 39th 55523::(1, That Henry D. Washburn is entitled to a seatin this House as a Representative from the sev enth congressional district of Indiana. in the 39th Congress. The report, with the accompanying resolutions, was laid on the table, and ordered to be printed.
Mr. DAWES. I desire to state that this report will, I suppose, be printed and ready for the perusal of members tomorrow. I wish to call it up for action on Wednesday, inasmuch as there will probabl be no session of the House on Thursday, the 22d, and the business of the committee is such that they cannot attend to the matter on Friday. I be e that members will, by reading the report, relieve the committee of any necessity for consuming the time of the House in extended discussion. I shall be glad to have the action of the House upon the question without much debate. PENNSYLVANIA CONTESTED ELECTION.
Mr. UPSON. I rise to a question of privilege, and call u the resolutions reported by the majority oft to ComElections on the contestedelection case from the 16th congressional district of Pennsylvania. My collea no on the committee, the Gentfrom Ohio, [Mr. SHELLABARGER] desires to address the House. I give notice that when he shall have closed I shall call the lprevious question, unless some gentleman shal desire to reply to im.
Mr. STEVENS. I hope the gentleman will give me about ten minutes.
Mr. UPSON. Certainly. The following are the resolutions reported by the majority of the committee: Resolved, That Alexander B. Colfroth, upo n the certificatesand papersrelating to the election in the 16th conirressional district ctthe State of Penn galivnania. has the prime amorig at to the vacant scat that district, and is entitled to take the oath of officeand occupya seat in this House as the Representative in congressfrom said 0istrict. without preludice to the rightot William H. Koontz. claiming to have beenduly elected. thereto, to contesthis right to said seatupon the merits. Resolved, That William H. Koonts. desiring tocon. test the right of Hon. Alexander ll. Cotirothto a seat in this House as a Representativefrom the 16th l dreisqturiicret dof the State of Pennsylvania, be, and he is, to serve upon the said Collroth, within 15days after the passageof this resolution. a particulnr statemento the groundsof said contest, and that thesnid Colfrpthbe, and he is hereb. requiredto serve upon the said Koontz hisanswertheretowithin 15 days thereafter, and that both parties beal lowed 60 days next after theserviceof saidanswer to take testimonyin support of their severalallegations and denials motice ofintention to examinewit nessesto be “ llto the opposite party at least 5 days by prot cir examination. but neither party to we no cc of taking testimony within lgs t on 5 ays between the close of tuition:it at one place and its comnicncenicntatanothpr. but in all other respects:5 tlhe manner prescribed in the act of February 19, The pending question was upon the motion of
Mr. PAINE to amend the resolutions submitted by the majority of the committee, by striking out all after the worr “ resolved, ” and inserting in lieu thereof the following: That William H. Koontz has the prime fricieright to a seat in this House its a Representative of the 16th congressionaldistrict of the State of Pennsy vanui. Reaoloed, That Alexander H. Coliroth, desiring to contestthe right of William ll. Koontz to a seat ns Representative of the 16th congressional district, be required to serve upon the said Koontz, wtloitnh. ina fipfatertencu days after the adoption of this resolu contest; and that ths etatement of the grounds of said upon the sa saidKooiitz be required toserved Coffrothhis answer thereto within 56 daysthereafter: and that bothparties be allowed days next after the service of said answer to take testimonyi iisup crt of their several allegations suddenials; rioticeso proposed examinations of with pessestobegiven at least v 9 days beforesuchexaminations: no such examipatipn to be commenced at one place before the expiration of 5daysfrom the cone usion ef the last examination at another place: such examinationsto beregulatedin allother r by ects the provisions of the act of February 19, 185.
Mr. 1la[W 01. 21.). Will the gentleman state why they did not count that one county?
Mr. SHELLABARGER. Certainly I will in the course of my remarks. They did not count one county, namely, Somerset. That fact is shown by their own return. They say so on the face of the paper. They say in their return to the SecyState that they have not counted Somerset. Now, sir, is that return good for anything in law? The law says that they shall count all the votes cast. They say that they did not count Somerset. Will you say that that is such a return as concludes Congress? Look, as I said a moment ago, at the consequences of that. There are live counties in my district. 4 of those counties give me say 6,000 majority; but one, to wit, the county in which Columbus is situated, Franklin, has changed the result in one post election. Now, sun ose that by sickness, by accident, by a brige being swept away, or by some other unavoidable event, that county has not sent in its returns to the nlace of meeting where the returns are counte. The returns of the other 4 counties are counted, leaving out Frank lin, and I am declared elected; whereas if the county of Franklin had been counted, it would have changed the result and then it is ravely said to the HoRep that the papers are conclusive upon Congress. Why, sir, it seems to me simply preposterous and that brings me to the question suggested by my colleague on the committee, why Som erset county was not counted. The majority of the committee have referredto that in what seems to me to be a very singular argument. It was not counted, it is said, because the gentleman who represented that county absented himself. He was notified to attend and did not attend, and a majority of the committee use this expression: “It is now claimed on behalf of Mr. Koontzjthat thi. svoluntary neglectofduty onthepnrt ofhis friend. the return judge of Snxnersclcounty, shall be madeto retlound to his benefit, and that he shall in fact be pluepdlinnabetterposition than u saidJudgehaddone is tu y. “
Mr. RADFORD. I want to ask him whether or not it appears, from the report of the committee, that the gentleman who absented himself was in town at that time, and that he was afriend of Mr. Koontz.
Mr. SHELLABARGER. I take the statement I have just read from the report as true, that he was a political friend of Mr. Koontz; and I take it he was in town. I consider that it makes no conceivable dilierenee as to what was the duty of the board, nor as to the inva lidity of their action after they had excluded this county from their count. Now, suppose we assume that it is possible for Mr. Koontz and the return Officer 1dr Som erset county to confederate together, if you pleasea thing that is not claimed in this casesto absent themselves and deprive the board of the presence. of that return. Will any gentleman in this House now get up and say that that will change the result of an election in any congressional district? Dare any gentleman here maintain that the fault of an bod in failing to bring inacounty shall be hed to change the resultotan election by the people? Is the choice of the people to be defeated in order to punish the judge of Somerset for confederating to not bring it in? I reply to my friends of themnjority of this committee, the law knows no friend of Mr. Koontz in this official duty which the return judge of Somer set has to pass upon and to discharge. I say that the law recognizes no such relation as that in the discharge of this offieial duty, and to punish Mr. Koontz and his friend will not defeat the election of the people.
Mr. RADFORD. will not interrupt the gentleman again ifhe will answer me one question. In regardto the returns which that n Gentfrom Somerset county had in his poc at, if the candidate had gone in on that count on that day what would have been the result?
Mr. SHELLABARGER. But the trouble with the conclusion to which my friend seeks to arrive is just this: that that board had. previous to the meeting, been guilty, if not of conspiracy, as has been charged, to defeat the c mice of the people, at least had been guilty of a gross violation of the law, and had fixed up the returns of 2 counties in such a way as to commitat leasta fraud against Mr. Koontz.
Mr. DAWES. Will the Gentfrom Ohio yield to me for a moment?
Mr. DAWES. I want to give my colleague on the committee [Mr. Sunlilannnonn] an opportunity to answer this point right here. lie says that the district judges who composed that board had been guilty, previous to that, of what he calls a cons iracy.
Mr. SHELLABA GER. I did not say that. I said that had been charged.
Mr. DAWES. Very well; it is charged that they had been guilty of a conspiracy in fixing up the returns. I suggestto him now, as a lawyer to sayin allfairnessif thatis notu question of tact to be proved on evidence in the trial of the case on its merits, and not in the trial of a case on the prima fuczc evidence? I would like to hear him answer that question.
Mr. DAWES. My friend does not quite understand me. I understood our duty to be to look at the papers without evidence. What my friend has stated here is a charge made on one side and denied on the other. The only manner in which the committee or anybody else could ascertain whether that charge was false or true was by hearingevideuce. But my friend and his colleagues, the minority of the committee, assume that the charge made as a justification for this man is true, while the majorit of the committee do not assume it to be eit or true or false, but say that it is an issue of fact, upon which testimony should be taken on the one side and on the other; and as the truth may turn out on the merits of the case, so we ought to find.
Mr. JOHNSON. I have not had an opportunity of knowing anything about this case except from the rumors we have heard. I desire to inquire whether Judge Black a peared as counsel before the Committee of Elgctions.
Mr. JOHNSON. I inquire whether it is not known to the gentleman, as a member of that committee, as well as to other members of the committee, that that opinion which comes from Judge Black is a newspa r article, written for the benefit of his frien and relative Mr. Koontz I
Mr. SHELLABARGER. I read it because it is good sense. I will say, whether it comes from Judge Black or not, it is right; and I read it because it was right and not because it is authority.
Mr. SCOFIELD. Allowme to so thatwns a legal opinion given by Judge Blac, written by him on this particular case and signed by him and sent to the committee.
Mr. RANDALL, of Pennsylvania and let me add, for which no doubt he was well paid.
Mr. SHELLABAHGEH. Iyiehl to my colleague on the committee, [Mr. Scornlam]
Mr. SCOFIELD. I wish to say to my colleague from Pennsylvania further in answer to that question that Judge Black, in connection with one on this floor, said he had given it a great deal of time and consideration, and it was an opinion he was willing to stand by as applicable to all cases coming up under the law of Pennsylvania and for all time.
Mr. DAWES. Did he also tell my colleague on the committee how much he got for it?
Mr. SCOFIELD. No, sir. Iwill say, fun thermore, that I am politically hostile to Judge Black. Everybody] in our State, Democrat and republican, who as practiced under him as judge of the supreme court will say he is as pure:1 man as the chairman of the ComElections, and he is as pure o. man, in my judgment, as we have.
Mr. DAWES. Allow me to sayIdid not mean to say it would be anything but pure on the part of Judge Black to take a retainer and pay for a professional opinion. My friend has been in the profession long enough to know that I did not impute anything against his honesty for takingla retainer and pay forwriting an opinion in be an" of a client and appearing before the committee to advocate it.
Mr. DAWES. The gentleman will not put an insinuation into my mouth in order to an swer it.
Mr. STEVENS. I so pose when he asked if that opinion was not the result of a fee, he meant to insinuate that lawyers taking a fee would give a legal opinion different from their sound judgment of the law, or else that question has no significance.
Mr. DAWES. I made no such insinuation. The Gentfrom Pennsylvania [Mr. Brn vexsf is too clearheaded to have supposed I did. But it is as good a way to answer a point as any and the Gentfrom Pennsylvania knows it better than anybody else in this Houseto put words into a mans mouth and then answer the words he has put in.
Mr. DAWES. The gentleman knows that I meant this: that attorneys that appear before committees to advocate the cause of their clients advocate it in the best way they can; and it; is no more proper to bring into this House theo inion o? Judge Black, prepared to be presente before the committee in support of the claim of his client, and say that it is an independent opinion of a judge than it is to bring in an opinion of the counsel on the other side which was broughtto match it. It is precisely the same thing.
Mr. RADFORD. I want to ask the Gentfrom Pennsylvania [Mr. SCOFIELD] one question.
Mr. SHELLABARGER. I thinkIbad better decline. There will be plenty of time after I get through.
Mr. SHELLABARGER. I it is such an accommodation to the gentleman, I will yield.
Mr. RADFOBD. I desire to ask my asso ciate on the committee [Mr. SCOFIELD] whether in his own judgment he believes that opinion of Judge Black to be an honest one, upon the information he has given to others.
Mr. SHELLABARGER. Now, Mr. Speaker, the House that has done me the favor of listening to me will hear me witness that I introduced this extract from Judge Black with the careful statement that he was counsel for Mr. Koontz, and I adopted it not as authority, but as a better way of expressing my own ideas than I would perhaps be able to find. Now, the point I have attained is this; 4 men have met at Chumbersbur to count the vote of the 16th district. Before coming there they have, in what Judge Black calls a revolutionary proceeding, rejected enough soldiers votes so that if Somerset should come in with the others, the man whom they desired to elect, as indicated by their rejection of the soldiers votes, would still be elected although Somerset came in. Now, then, my colleague, must not get up and say to me that had Somerset come in it would not have changed the result; because the wrong is in the fact that they have been guilty of this revolutionary conduct before they met there, and have put themselves in a position where they have no right under the law of Pennsylvania to make a count. But sir, they may well meet there now, having excluded enough votes to change the result with Somerset in arbitrarily in violation of lawthey may well invite Somerset to come in and serve a notice on her to come " Won t you come in to my parlor, says the spider to the fly. Ive the prettiest little parlor that you ever did spy.” That is Shakespeare. [Laughter.]
Mr. RADFORD. Does the law require them to meet there? [Laughter]
Mr. UPSON. Do I understand the gentleman to say that I did not answer that question?
Mr. UPSON. I ask the gentleman if the nestion was not repeated by the Gentfrom Pennsylvania[Mr. SCOFIELD] on my right here and i I did not answer that by counting all the legal returns
Mr. Koontz was not now entitled to the seat, and Mr. Coffroth was?
Mr. SHELLABARGER. That answer was not given at the time I was listening to the question of the Gentfrom Pennsylvania, [Mr. Sravsss.]
Mr. SCOFIELD. Iunderstood my colleague on the committee (Mr. Ursosj to put in the words “legal returns. ”
Mr. UPSON. I go further, and say that if the gentleman will take all the returns now he cannot, by any sort of arithmetic, give a majority to Mr. Koontz.
Mr. STEVENS. The Gentfrom Michigan[Mr. UPSON] must mean the returns made by the board; he cannot mean anything else. If he will take the returns made by the primary ofieers he will find that they give a majority of 68 votes for Mr. Koontz. He therefore must be mistaken in that matter.
Skip Skip Mr. UPSON. I demand the previous question. The previous question was 2nded, and the main question ordered.
The SPEAKER. The Gentfrom Michigan, who reported the resolutionfrom the committee of elections, is under the rules entitled to one hour to close the debate.
Mr. UPSON. I yield ten minutesof my time to my friendfrom NewYork, [Mr. HOTCHKISS]
Mr. PAINE. The gentleman has entirely misunderstood that point of the report. It is true that the return which is made for this county does embrace more men than are shown to have voted from that county for Be Representative in Congress. But when you loo to the other counties of which the gentleman has been speaking, you find that enough men there voted to make out the entire congressional vote. It is not true, however, that in allowing these votes to be counted in this case you have all of them counted for Mr. Koontz. On the other hand, the distribution as between Mr. Koontz and Mr. Coffroth is made in that aggre the return which is before us and if you look at the return which the gentleman is now speaking of you will find that there is a blank for the word “Representative.” Return is made for Representative, blank, showing that on the part of the officers of the election there was a ailure to send to the proper place the return for Representative. It is not true that there is no reference made at all to a Representative vote in that return.
Mr. HOTCHKISS. Iam surprised that a gentleman who has labored so long in this committeeas that gentleman has and of his ability. too, should so mistake his own report. The page to which I refer shows that every one of these 37 votes is allowed to Mr. Koontz to make out his majority of 32 in one case, and of 14 in the other. I refer to pace 18 of the report, and if I am incorrect I will sit down and never speak a in in this House.
Mr. HOTCHKISS. Will the gentleman hear me through 7 Now I state further, that in going back to the barracks to count the votes for Fulton county the gentleman includes all the votes cast for Fulton county, namely, 87, whereas 5 officers certify that 17 of these votes were Democratic votes. Now, how do they get along with that? They take all the Democratic votes cast there, and undertake to say that they were a part of this discrepancy of 87. Now, take the paperitself and give it all its force, and no law yer can s ell out of it sufficient to make a case.
Mr. STEVENS. Will the gentleman answer me this question? In making the count does. he allow the whole 58 votes? I
Mr. HOTCHKISS. On page 18 of the report Mr. Koontz is allowed 56 votes.
Mr. HOTCHKISS. Some say 66 votes and some say 58 votes. They allowed Mr. Codroth 29 votes, which is the number of Democratic votes cast at Barracks No. 1 in this cit. They allow Mr. Koontz the 56 votes, which include these 37 votes.
Mr. STEVENS. What I meant to ask is this: does the gentleman add up those 56 votes with the others?
Mr. HOTCHKISS. The minority of the committee
Mr. STEVENS. I am asking about what the gentleman does in the statement he says he has so careffill made.
Mr. HOTC KISS. I have not said that I had carefully made any statement. I said that I had carefully examined the statement made by the minority of the committee; and that statement had no foundation in the facts upon which the minority say they rely. [Here the hammer fell.]
Mr. UPSON. I will now yield ten minutes of my time to the Gentfrom Pennsylvania, [Mr. Srsvsssj
Mr. UPSON., Idesire to ask the gentleman where he finds any return from Fulton county certifying that they voted for a Representative in Congress.
Mr. STEVENS. They do not return from Fulton county the 37 votes ashaving been cast for on body, because they had returned them all be ore in the Bedford count retprn.
Mr. UPSON. They certifie from Bedford county that only 46 voted. Now, I desire to know how the gentleman finds that the others voted.
Mr. STEVENS. I have just referred to the document. But I will read it from page 41 of the report: “Pollbook of the election held on Tuesday. the 11thday of October. in the your 1864b. y the electorsof Hartford county. in the State of, sUuflnllnfiye!d svi taio nnioaifn. The President ialilt"athryes U.S. rt, ahned rebqepini g unable to attend any company poll or other properlace of election: this election in held at Barrack o. 1. Soldiers Rest. Washington city. DistCol. Which place the snid electors. Be in present. have selectedfor opening a poll for the sol election and certify heroin:., "David Bellman. William Brother and John H. Alters. bei nrthenand thereduly electedin esof the said election and Burton A. CmlllTand osiah. anderson beineduly appointedelerks nfsaid election and being all severally nffirmed according to the our catccherewith returned.” Theii below are given the “ number and names of the electors voting at the said election, and their county, city, borough, township, ward, or precinct of residence.” After that list, we tind "Tallypapers or list of votesfor each person voted for at the said election by the uuulilied voterwtDed ferd county. State of Pennsylvania, for Representative in the HoRep in the Congress of the U.S. 16th district. "For Congress. William H. Koontii had 58 votes: A. H. Coffroth had 29votes.” Now I say that, taking this as true, you cannot makc out that Mr. Coffroth was elected; it is impossdilc. But the gentleman says that the tallypapers show that there were not that many votes by 37
Mr. UPSON. The gentlemanreuds from the tallypapers.
Mr. STEVENS. What do you call this? “For Conness. William H. Koontz had 68votes: A. H. Coffroth had 2) votes.”
Mr. UPSON. Will the ca ition of that paper?
Mr. STEVENS. I have already read it I will read it again. It is in these words: “Tallypapers or list of votesfor eachpersonvoted for at the said election by the qualified voters of Bed ford county. State of Pennsylvania. for Representative in the HoRep in the Congress ot"ihc U.S. 16th district. A. IFI. Or Coffroth W. 29il votes. H". Koontz had 58votes: Now, taking that to be true, does it not elect Mr. Koontz? The gentleman says, however. that the tally papers do not agree with. that return. But that is all explained when we find that those 37 votes from Fulton county are not included in the return from that county, but are included in the Bedford county return. I maintain, sir, that. on the face of the papers you cannot count out Mr. Koontz; and if you o into the merits of the question, everybody, I believe, admits that the merits are with him. This question may seem to some gentlemen to be a small matter; but in view of thickcom in events, one vote may prove to be of great vs. no here.
Mr. SPALDING. Mr. Speaker, I know the impatience of the House to come to a vote on this question, and I am not far from members in that impatience; but I desire to say, on readin these several reports and listening at tentive y to the arguments proand con, my mind is brought to the conclusion that the majority of the committee are right under the resolution of this House in giving the mafacic case to Mr. Coffroth and when say that, Iliope I will not be considered as actuated by any partisan interest or feeling. I regard the resolution under which this committee has acted as being of some import; and what was it, sir? They were instructed to inquire into the primafacic right to a seat. in this House, and then afterward to provide for a contest upon the merits. Now, Iappeal to an wellinformed man in this House if my frien s of the mine r it have not uniformly put the claims of Mr. Koontz on the merits of the case and not upon the prima, facic evidence as the committee have done. One word in regard to the papers presented to this committee, and I shall be very brief. It seems that the proclamation of the Governor of Pennsylvania was wanting in regard to this 16th district, and why? Because the cortificate of the election judges for the district in which this election was held Was defective in this, that the county of Somerset was not returned and represented. Wh was not the county of Somerset returned an represented, because in the absence of the proclamation of the Governorwe must get the next best evidence in regard to this primafacic right? The next best evidence would bathe certificate of this district board. We have here produced the opinion of the AttyGen of the State gentleman read the l; but of Pennsylvania. saying that the 4 district judges who certified in favor of Mr. Coftroth were all qualified to act, and that the 5 men who certified in favor of his opponent. Mr. Koontz. were notlegally constitutedjudgesfor that purpose.
Mr. SHELLABARGER. I ask the gentleman to yield to me for a single word.
Mr. STEVENS. Who was in the bargain that led him to give that vote?
Mr. SPALDING. I am party to no bargain here either with the Gentfrom Pennsylvania [Mr. Stevens] or anybody else.
Mr. UPSON. I yield to the Gentfrom Massachusetts [Mr. Dawns] a few minutes.
Mr. UPSON. I now yield 5 minutes of my time to my colleague upon the committee from Pennsylvania, [Mr. Scorinin.]
Mr. SCOFIELD. I am astonished, Mr. Speaker, to hear the Gentfrom Massachusetts [Mr. Dawns] claimlhat Mr. Coifroth has the papers, even if Mr. Koontz has the votes. I was astonished to hear my friendfrom NewYork [Mr. Horcmuss] take the same ground.
Mr. HOTCHKISS. I desire, with the gentlemans permission, to say one word by way of exlanation. Mr. SCOFIELD. I have only 5 minutes, and I cannot yield. Sir, I deny that Mr. Coffroth has the papers. When the election day closed in Pennsylvania and the 3 Officers whose duty it was counted the votes, and made a written memorandum, signing their names to itwhen such a count was made and si ned, not only of the home vote but of the soldiers voteit must be conceded by every candid man that, as shown by the papers referred to the committee, Mr. Koontz had a majority of 68. The man who denies this greatly mistakes, in my judgment, the facts of the case:
Mr. UPSON. I desire to inquire of my friend whether the tubular statement made up by the minority of the committee does not give Mr. Koontz a majority of only 32. That being the fact, by what process does the gentleman now make the majority for Mr. hoontz more than double that number?
Mr. SCOEIELD. Upon one hypothesis his majorit is 32; but counting some votes which are omitted from that summing up, his majority is 68. Now, sir, as there was a majority for Mr. Koontz on tln night of the election, when the votes had all concounted, why has he not received a certificate? Because, when the board, whose simple duty it was to add u the votes, and to do nothing else, met in Be ford county and Adams county, the Democrats said, “We will not count the votes, we will not add up the returns that come from the soldiers in the field;” “ while the Republicans said We will add up those votes.” So the boar divided. There was the point of departure. Henceforth there never was a proper adding up of all the votes by a full board. The republicans added all the votes, includin the soldiers vote; the Democrats added all the votes, including a portion of the soldiers vote. Therefore we nowhere had a legal addition of all the votes. We had the summing up of the votes made by the judges in each election precinct. These various precinct returns were referred by this House to the ComElections. That committee added them up. No board had ever summed them up. One portion of the board hadaddedto etheraportion of the votes; anotherportion oft eboar had added together the whole of the votes. But the minority of the ComElections added them all together, making a majority of 68 for Mr. Koontz. [Here the hammer fell.]
Mr. UPSON. I now yield to my colleague, [Mr. Daioos] who wishes one minute.
Mr. DRIGGS. Mr. Speaker, the gentlemen from Pennsylvania [Mr. Sconsu) has expressed his surprise t gentlemen taking the opposite view from that adopted by him should say.” Though Mr. Koontz has the votes, Mr. Coilroth has the papers.” I was equally surprised when m friendfrom Pennsylvania [Mr. lE)E. S]put is advocacy of the claims o Mr. Koontz upon the ground that we may, in View of events which are coming on. realize the value of one vote. Sir, I want to vote right on this question; and I will vote in the manner which believe to be right, regardless of consequences. I believe that the votes, honestly counted, are in favor of Mr. Coffroth; and for that reason I shall vote to give him the seat.
Mr. UPSO. Ine w yield for a few moments to my friendfrom Connecticut, [ML Hunnsnn.
Mr. HUBBARD, of Connecticut. Mr. Speaker, I wish to give the views which will centrol my vote on this occasion, and perad venture may control the votes of others. I agree that we should not have any partisan feeling. This isamere question of prima facie right to a seat upon this floor between 2 contestants. The majority of the committee have justly reported in avor of Mr. Cofffoth as having that primafacie right. As I understand the minority I cannot vote with them, because they have passed over the question which was submitted to them and upon which the majority have made their report; that is, who has a primafacie right to a seat upon this floor. I iave confidence in the ComElections, but I have more confidence in the report of the majority than in the report of the minority, for I believe that in the multitude of counselors there is safety. [Lau hter and applause] Mr. Speaker, all who are upon this floor know very well we cannot take up an election case here, consider it carefull, and come to a correct conclusion on the subject. We are all appointed by you, members of committees. We have submitted this to the ComElections. They have considered it carefully. They have had all the evidencebefore them. They come in and make a report and they make that report upon their oaths. I have confidence in that report, and shall vote in accordance with it. [Ap lause.].
Mr. UPSOlN. I do not think the House needs any further discussion of this subject; and I therefore yield the floor, that the vote may be taken.
The SPEAKER stated the 1st question in order to be on the following resolutions, offered as an amendment by the minority of the committee: 1. Resolved That Willinm H. Koootl hasthepnma [new right to a seatin this House. as a Representa tire of the 16th congressional district of the State of Pennsylvania. 2Ileoolved. hat Alexander 11. Coffrotii. diring to contest the right of William H. Koontz to a seat as a re Representative of the 16th congressional district. o required to serveupon the said Koontz. within 15 days after the adoption of this resolu tcioonnt. eastp; particular statement of the rounds of said and that the said Koontzghe required to isnerfvifeteuepnondathyes tshaeidre Coffroth and tahnastwbeor the praerttoiewsith be allowed 60 days next after the serviceof said an swer to take testimony in support of their several allocations and denials; notices of proposed examinations of witnesses to be given at least 5 days before such examinations: no such examination to be commenced at one place beforethe expiration of live daysfrom the conclusionof the last examination at another place: such examinations to be regulated in all other respectsby the provisions of the act of February 19. 1851.
Mr. SLOAN. Is it in order to move to refer the whole subject back to the committee with instructions?
The SPEAKER. It is not in order, as the main question has been ordered.
Skip Skip Mr. SLOAN. mtRtv the main question was ordered. Mr. UPSON. on the table. Agreed to. Mr. PAIN E demanded the yeas&nays on the resolution. The yeas&nays were ordered. The question was taken; and it was decided in the negativeyeas 68, nay: 82, not voting 42; So the resolutions were rejected. During the vote, Mr. GLOSSBRENNER stated that his colleague, Mr. Dawsolv, was paired With Mr. donnelLY, of Minnesota. The vote was then announced as above recorded.
The Clerk Read The question then recurred on the followmg: Buolced. That Al exanderH. Coffroth, uppn the cer tificates and papers relating to the election in the 16the congressional district of the State of Pennsylvania. has the prima [now right to the vacant seat from that district and is entitled to take the oath of officei indoccupy a seat in this llouse as the Representative in Congressfrprnsaid district. Without prepdieeto the right of William H. Koontl. claiming to avo been duly elected thereto. to contest his right to said seatu on the merits. Resolved. That will iam H. Koontz desiringtocon test the right of Hon. Alexandpr H. liroth to asset in this House as aRepresentative frpm the 16th district of the State of Pennsylvania. be. apd he is, required to serve upon the said Coffroth. Within 15 days after the passageof this resolution, a particular statement of the groundsof said contest and that the said Coffrotlibe and he is hereby required to serveupon the said Koontz his answer theretowithin 15 days thereafter and that both parties be allowed 60 daysnext after the serviceof saidanswer to take testimony in support of their several allegations and denials, notice of intention to examine witnemesto be given to thp opposite party at least 5 days before their examination. but neither party to give notice of taking testimony within less t aysbetween the close oftaking it at one place and its commencementat another. But in all other respects instihe manner prescribedin the not of February 19.
Mr. WENTWORTH. If the 1st resolution fails, does not this resolution go back to the pepple and let them fight it out there? ie SPEAKER. The Chair cannot answer that question. The resolutions were adopted.
Mr. UPSON mtRtv the resolutions were adopted; upon the Pablo. Agreed to.
Mr. COFFROTH presented himself at the Speakers desk and was duly qualified. BANKRUPT BILL.
The SPEAKER stated that the next business in order was House bill No. 7, to establish auniform system of bankrupte throughout the U.S., upon which Jancnzs had the floor.
Mr. MORRILL. I move that the special order now ending be postponed until the next special order is disposed of, which is the loan bill. I do this with the assent of the Gentfrom RhdIsland, [Ma Jsircirns]
Mr. JENCKES. The bankrupt bill will then come up next, after the loan bill is disposed of. The motion was agreed to.
Mr. THAYER. I move that the House do now adjourn. The motion was agreed to; and thereupon (at 4 oclock and 50 minutes p. m.) the House adjourned.
@@@IN SENATE SENATE. TUESDAY, February 20, 1866. Prayer by the Chaplain. Rev. E. H. GMT. The Journal of yesterday wasread and approved.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsnson, its Clerk, announced that the HoRep had passed the following bill and JOllll. resolution. in which it renested the concurrence of the Senate: Ahill (H.R.No. 268) for the relief of Albert Nevins; and A JtResolution (H.R.No. 75) to encour age and facilitate telegraphic communication between the western and eastern continents.
Mr. GUTHRIE, from the ComFinance, to whom the subject was referred, reported a bill (S.No.158 to facilitate the settlement of the accounts of the Treasurer of the U.S., and to secure certain moneys to the people of the U.S., or to the persons to whom they are due and who are entitled to receive the same; which was read, and passed to a 2nd reading. PAPERS wITHDRAWN. On motion of
Mr. POLAND, it was Ordered That the ctition and other aers in relation to the caseof t in ship Niva bewifhiffawnfrom the files of the Senate.
Mr. MCDOUGALL submitted the following resolution: Ileaolnod, That the papers relating to the claim of Dakin, Moody. Gilbert i Secor be permitted to be withdrawn from the files and referred to the Court of Claims.
Mr. CLARK. I think those papers should be examined; it should be known to the senate what they are before they are sentto the Court of Claims.
Mr. MCDOUGALL. It is important that they should be withdrawn today. They were referred a year ago to the Naval Committee and have been remaining there, and a question of limitation may arise. The Naval ommittee never acted upon them.
Mr. CLARK. It is possible that we might give the Court of Claims jurisdiction where they have it not new, by a resolution of that kind. I would prefer that the papers go to some committee to be examined before they are sent to the Court of Claims. Then, if it is proper, they can be sent to the Court of Claims. hi)r. MCDOUGALL. The Senator would not wish to have the statute of limitations bar the claim.
Mr. CLARK. I am not speaking articu liirly of the statute oflimitations, but this resolution may give jurisdiction as to a class of claims of which the court would not have jurisdiction under the law.
Mr. MCDOUGALL. Then I make the proposition to withdraw them without reference to the Court of Claims. That will not be objected to, I suppose.
Mr. CLARK. I have no objection to their being withdrawn from the files, if there has been no adverse report.
Mr. MCDOUGA L. There has been no adverse report, and I modify the resolution so as to simply withdraw the (papers from the files. The resolution, as mo ified, was agreed to. DIPLOMATIC GALLERY.
Mr. CHANDLER. I offer the following resolution, and ask immediate action: Resolved. That the diplomatic gallery be open to the wives and families of Senators.
Mr. GRIMES. Let that resolution lie over.
The PRESIDENT protempore Objection being made, it lies over. CONDITION or rnr. SOUTHERN srXTizs.
Mr. WILSON submitted the following resolution: Resolved. That the ComReconstruction be directed to llitlllilt! into and report how far th estates lately in rebel lon. orany of them, have complied With the terms proposed by the President as conditions precedent to their resumption of practical relations with the U.S. which terms and conditions were as follows. namely: 1. That the several State constitutions should be amendedby the insertion of a provision abolishing slavery. 2. That thescveral State conventions should declare null and void the ordinances of secession and the laws and decrees of the confederaey. 3. That the several State Legislatures should ratify the amendment to the Federal constitution abolishing slavery. 4. That the rebel debt, State and confederate. should be reradiated. 5. That civil rights should be secured by laws applicable alike to whites and blacks.
The PRESIDENT protempore o Does the Senator ask for the present consideration of the resolution?
The PRESIDENT protempore Is there any objection to the present consideration of the resolution?
Mr. SUMNER. There can be no objection that I am aware ofto the passage of that resolution, as it is addressed to one ofonr committees, and is in the nature of a resolution of inquiry; but I would remind the Senate that it is now some 6 weeks, if not 2 months ago since the Senate passed a resolution addressed to the POTUS calling upon him for precisely that information. The President has in his hands, or he ought to have, copies of all the correspondence between himself, telegraphic or otherwise, and the soealled governors of those States. The object of the resolution adopted by the Senate was to call upon the preSident to supply copies of that correspondence, and also of all the acts, organic or legislative, by any pretended bodies called legislaures in those States in)ursuance of the correspondence of the President. For some reason unknown to me, that call of the Senate has not yet been answered by the President. As the information is in his hands, and not in the hands of a committee of this body, I think it better, perhaps, that the Senate repeat this call once more upon the President, looking to him for the information which better than any other person he canssupply. At the same time, as I have already said, I see no objection to addressing this inquiry to a committee of this body. That committee, if it sees fit, I resume, may put itselfin communication with the President, or by original inquiries of its own it may try to ascertain what we desire; but the most direct way is by calling upon the Presidenthimself for this information. Iy colleague says we have done it. I hope, then, that the President may still listen to the call of the Senate and communicate this needed information. It is essential in determining the duties of Congress at this important moment. The resolution was considered by unanimous consent, and agreed to. CHINA GRASS.
Mr. SPRAGUE. I submit the following resolution: Resolved That the ComAg in yestigate the subject of procuring seedand cultivating t 9: China grass, ” as set forth in the letter of Mr. WHHRIH H. Richards, and in the sampleaccompanying this resolution. I desire, Mr. President, to direct the attention of the industrial interests of the country to another source of wealth, and I desire that the paperwhich I now present containing the sample and letter referred to in the resolution, may accompany the resolution to the committee. The resolution was considered by unanimous consent, and agreed to. PRESIDENTIAL TERM.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce a JtResolution S.R. No. 33) proposing an amendment to the constitution of the U.S.; which was read twice by its title., Mr. BROVN and Mr. SUMNER. Let it be read at length. The Score proceeded to read it.
Mr. SUMNER. Let the proposed amendment be read, and not the introductory part of the article.
The Secretary read the proposed constitutional amendment, as follows: ARTICLE. The citecutive power shall bevestedin a POTUSA. He shall hold his officeduring the term of 4 years, and shall not again be eligible to that officeduring the term of his natural life. In caseof the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the saidoffice, the sameshall devolve on the VEEP, who shall not again be eligible to the office of President pt the U.S. during the term ofliis natural life. WheneverCongress may by law provule for the case of removal. death. resignation or inability both of the President and VEEP, (lLtldllnl what officer shall then not as President. such eflicer shall not again be eligible to the office of plflFldenbll the U.S. during the term of his natural life.
Mr. CRESWELL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.157) to protect children of African descent from being enslaved in violation of the constitution of the U.S.; which was read twice by its title.
Mr. SUMNER. I should like to have that bill read at length.
Mr. CRESWELL. I ask the reference of this bill to the ComJudiciary, It was so referred. FBEEDMENS BUREAU VETO MESSAGE.
The PRESIDENT protempore The unfinished business of yesterday is the bill returned by the POTUS, with his objections to its passage, it bein Senate bill No. 60, to amend an act entitle “An act to establish o. Bureau for the Relief of Freedmen and Refugees, ” and for other purposes; and the question is: Shall the bill pass, the objections of the POTUS notwithstanding?.
Mr. COWVAN. If the Senator will allow me
The PRESIDING OFFICER, (Mr. CLARK in the chair.) Does the Senfrom Illinois yield ithe floor to the Senfrom Pennsylvania
Mr. TRUMBULL. If it is a simple question, I do; but if asicctli, I prefer not at t iis hour.
Mr. COVAL. I do not intend to make a speech, but I wish merely to ask, why not cite the President fairly?,
Mr. COWAN. What does he say with regard to the reason why these States were not represented here during the rebellion?
Mr. TRUMBULL. I will read it. I wish the country to have the full benefit of the message. Certainl the whole country will read it. I could ain nothing by suppressing any portion of it. did read this sentence: "The original act was necessarily passed in the absenceof the States chiefly to be affected. because their people were then contumaciously engaged in the reellion.” I read that before. Does the Senator desire me to read further?
Mr. TRUMBULL. I read that before. The Senator could not have observed it. But, sir, although the States “ contuinaciously an aged in the rebellion, ” the President states a so in the same connection that each State is entitled to representation, and he insists that taxation and representation go together. The rebel States are surely no more entitled to representation before they have set up governments recognized as loyal than when contumaciously engaged in the rebellion, and no such recognition has yet taken place. Ia ree that they are States. I have never argue that question. I have never though there was any great practical importance in the question about which so much has been said, whether these States were in the Union or out of the Union. My view of it is this: they are and have been in the Union for national purposes; we have a right to establish postoffices there; we have a right to appoint our customhouse officera there we have a right to establish courts there. Iior national purposes they are States of the Union. What is their condition for State purposes? For State purposes, as State organizations, they were at one time certainly no part of the nion. Wh? because the set up an organization hostile to the Union. very officer in the State of SCarolina, for instance, took an oath of allegiance to a government which had been set up in opposition to the Union. Now, while occupying that condition the State could not be represented here. Because in order to be Represented there must be a State organization. There was no State organization in SCarolina for 3 or 4 years none that we recognized. The State was there for national purposes; so far as the Federal Government lJegislated we held it in the Union; we kept it by our laws; we kept it by our arms; but that State by its own action destroyed its State organization, through which alone it could be re presented in the national councils.
Mr. COWAN. If the Senator will allow, mc
Mr. TRUMBULL. I shall be through with this point in a moment, and will then give way.
Mr. COWAN. I wish to ask one question on this point.
Mr. COWAN. I ask by what rule the rebel is to be treated after he submitsby what law?
Mr. TRUMBULL. He is to be hung, ” he is a bi rebel; [Great applause in the galleries]
THe presDING FFICER. he Chair will state to the occupants of the alleries that it depends upon themselves whet ier they will stay here or not. Another infringement of the rule will compel the Chair to direct that the gal leries be cleared. It must not be repeated.
Mr. TRUMBULL. Now, sir, in order to have representation in congress, there must be a State legislature. The State Legislature of SCarolina, for illustration, was a disloyal Legislature at war with the U.S. It could not elect Senators. It was not a Legislature vested with any such authority. The State government was overthrown. Now, what. has happened? Another State government it is said is set up. Is it. the old State government? Not at all. It is not the old constitution of SCarolina which is in force, but a new one. It is not a restoration of the old State organization. It is the construction of a new State government.
Mr. COWAN. Mr. President, Iliad intended to rely at length to the argument of the honorabi; chairman of the ComJudiciary f upon the objections of the POTUS to the bill under discussion. I am, however; perfectly willing, if the vote can be taken this evening, to waive that reply, apd let the speech to which we have listened with so much pleasure go to the country along With the message, and let the people determine, as they will have to do in eir lprimary assemblies, whether this species of legislntion is to be arrested here, or whether it is to continue in full current as it has been commenced.
The PRESIDENT protampon. The question is, Shall the bill pass, the objections of the POTUS notwithstanding? and the question must be taken by yeas and us s by the provisions of the constitution. The Secretary proceeded to call the roll. Mr. POLAND, (when Mr. Foors name was called.) I am desired by my colleague to state that he is confined to his room by sickness. If he were present he would vote for the bill. The call was concluded, and resulted as follows: YEAS 30. NAYS. ABSENT 2.
The PRESIDENT protempera. On this question the yeas are 30 and the nays are 18. 2/3rds of the members present not having voted for the bill, it is not a law. [Great applause in portions of the galleries and hisses in other portions, the disturance being confined to the gentlemifiis galleries.] Ihc Sergeant atArnis will clear the galleries and will arrest any person making a disturbance. he SergeantatArms proceeded to execute v the order of the President protemporc, and cleared the western galleries.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had passed a bill (H. It. No. 821) to amend an not entitled “An act to prevent the s read of foreign diseases among the cattle of the U.S., ” approved December 18, 1865; in which it requested the concurrence of the Senate. EXECUTIVE SESSION.
Mr. DOOLITTLE. I move that the Senate do now adjourn. The question being declared not to be agree
Mr. RIDDLE. I call for the yeas&nays. The yeas&nays were ordered.
Mr. CRESWELL. Will my friendfrom Wisconsin withdraw his motion? I desire to have a short executive session if it meet with the aproval of the Senate.
Mr. OOLITTLE. If it is regarded as importantto have an executive session, I have no objection; and I withdraw my motion in order that the sense of the Senate may be tested on that question.
The PRESIDENT protempore The motion to adjourn can be Withdrawn only by unan imous consent, the eas&nays having been ordered upon it. o objection being made, the motion is withdrawn.
Mr. CRESWELL. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tussnsv, February 20, 1866 The House met at 12 o clock m. Prayer by the Chaplain, Rev. C. B. Bornres. The Journal of; yesterday was read. CORRECTION or THE JOURNAL.
Mr. BANKS. I rise to a privileged question. I move to amend the Journal. I notice that in reference to the JtResolution relating to tel egraphic communication, it is stated that it was reported from the ComForAffrs. That is an error. It was not submitted to that committee.
Mr. WASHBURUE, of Illinois. That is what the House understood; I certainly so understood it.
Mr. BANKS. It was not so stated; and I ask to have the Journal corrected in that respect.
The SPEAKER. The Clerk entered it as coming from the ComForAffrs and the Chair so understood it. The J ourna will be cokected. DISTILLED SPIRITS.
Mr. HOOPER. Iain instructed unanimousl by the ComWays&Means to as leave to report the following resolution: Resolved, That it is the senseof is Housethat it is inexpedientto make any change the exciseduty on distilled spirits.
Mr. STEVENS. Mr. Spegker, Ireport from the JtCommee of 15, who have leave to report at any time, the following concurrent resolution:, Concurrent resolutionconcerning the insurrectionary (put, the motion was to. Be it resolvedby the HoRep, (the Senate concurring) That in order to close agitation upon a question which seemslikely todisturb the action oft o Government, as well asto quiet the uncertainty which is agitating the minds of thogeoplo of the 11 States which have been declare to be in insurrection, no Senator or Representative shall be admitted into either branch of Congressfrom any of said Sta s until Congress shall have declared such State on tled to such representation.
Mr. GRIDER. Will the gentleman allow me to offer a minority report?
Mr. STEVENS. I do not see any objection to hearing it read.
Mr. ROGERS. I ask to be heard in opposition to the resolution.
The SPEAKER. the GentfromPennsylvania Mr. STEVENS] is entitled to the floor.
Mr. SpVENS. I have onlyhgiven way to the Gentfrom Kentucky, [Mr. Guinea] The Clerk commenced reading the minority report, as follows: The minority of the ComReconstruction on the part of the House beg lenveto report thatsuid committeehave directed an inquiry to o made as to the condition and loyalty of the State of Tennessee. There has been a large amount of ovidence tuken. some part of it conclucing to show that at some localities occasionally there have been someirr ularities and temporary disaffegtion:yet the main treetion and weight of the testimony are ample and conclusive to show that the Great body of the people in said Stateare not only loyal and willing. but anxious to have and maintain iiniicuble. sincere and patriotic relations with the General Government. such being the state of the facts and inasmuchas under the censusof 1860 Congresspasseda law which wasup proved in 1863fixing the ratio and apportioning to Tennessee and all the other Stutes representation zandmasmuehus Tennessee disavowing insurrectionary purposes or dl S loyalty. has, under the laws and organic law of said State. regularly elected her members andSeaatprsto the Congressof the U.S. in conformity to the laws and constitution of the U.S.
Mr. WASHBURNE, of Illinois. I rise to a question. of order. That is no minority report on this subject.
Mr. STEVENS. Itisnot; and if I had known what was in it I should not have been Willing to have it received.
The SPEAKER. The gentleman can Withdraw his consent at any time he pleases.
Mr. ELDRIDGE. I raise the question of Order that the reading of the report having been commenced without objection it is now too late to object.
The SPEAKER. The Chair overrules the point of order. The floor is in possession of the Gentfrom Pennsylvania, who has yielded to the Gentfrom Kentucky.
Mr. GRIDER. I ask the Gentfrom Pennsylvania [Mr. STEVENS] to allow the resolution to be read at. all events.
Mr. BANKS. I hope the paperwill be read through.
Mr. STEVENS. If it will have no effect upon my right Iwill waive any objection.
The SPEAKER. The gentleman does not lose his right to the floor.
Mr. STEVENS. I have no objection, inas much as it seems to be as eech of my friend.
Mr. GRIDER. Certain y, I am very much obliged to the gentleman. The Clerk raid the remainder of the report, as follows: and said membersare here asking admission and inasmuch as the House by the constitution is the:j judgeof the election returns and qualifications of its members. "considering these factsand principles, we offerthe following resolution. to wit: Resolved. that the State of Tennesseeis entitled to representationin the 39th Congress and the Representatives elected from and by said State are hereby admitted to take their seats therein upon being qualified by oath accordingto law.
Mr. STEVENS. Having heard that paperread, I object. Now, Mr. Speaker, having heard that speech, which isingenious, from my friend Mr. GRIDER. The gentleman says that having heard the report he objects. Objects to what?
Mr. STEVENS. I was sayin that, having heard a speech upon that side of the question, and not intending to make any speech upon this side, as I hope our friends all understand a question which has a Stated, not this body only, butotherportionso the community, [pro pose to ask for the question. I think I may say without impropriety that until yesterday there was an earnest investigation into the condition of Tennessee, to see whether, by not of Congress, we could admit that State to a co dition of representation here, and adm its members to their seats here; but since k 51 day there has arisen a state of things which the committee deem puts it out of their power to proceed further without surrendering a great principle; without the loss of all their dignity; without surrendering the rights of this body to the usurpation of. another power. I call the previous question.
Mr. ELDRIDGE. I desire to ask the gentleman a question. [Shouts of “ Orderl”]
Mr. STEVENS. After the question is taken I will yield to any gentleman.
Mr. ROGERS. Iho c this resolution will not be driven through under the gag law. [Loud shouts of“ Orderl”]
Mr. ELDRH)GE. I rise to a point oforder. [Renewed shouts of “ Order!”]
The SPEAKER. The Gentfrom Wise consin rises to a question of order, and will state it.
Mr. ELDRIDGE. I submit that the committee of 15 have not a right to report their proceedings by piecemeal in this manner; that they should make their final report; and that the House ought not to receive a report from them until the do make a final report.
The SPEAKER. The Chair overrules the point of order. The committee are authorized to, report at any time, and to make such por ti s of their report as they please at an time.
Mr. GRIDEIl). I rise to a privilege question. I up cal to the courtesy of the Gentfrom Pennsylvania to allow me to make one or 2 statements.
The SPEAKER. That is not a privileged question.
Mr. GRIDER. I make an appeal to the Gentfrom Pennsylvania.
Mr. STEVENS. There are earthquakes around us, and I tremble;I dare not yield.
Mr. GRIDER. I ask to be heard on this proposition, and that it be ost oned and printed. [Shouts of “ Order Orderl”]
The SPEAKER. The Gentfrom Kentucky is not in order.
Mr. ROGERS. I ask the Gentfrom Pennsylvania to yield to me for a question. [Cries of “ Orderl”]
Mr. STEVENS. Not until after the vote is ta on.
Mr. ROGERS. Will he not allow me to be heard? [Loud shouts of “Order!”] This is law. Renewed shouts of “Order!”]
Mr. STEVENS. I ask that theresolution be again read. The resolution was again reported.
Mr. RANDALL, of Iennsyvania. I rise to a question of order: that this House has no constitutional power to dismember the Union, and no authority in law to destroy the rights of, the States.”
The SPEAKER. That is not a point of order. A point. of order can only arise under parliamentary law.
Skip Skip Mr. FINCK. I move to lay the resolution reported by the committee upon the table, and upon that motion I demand the yeas&nays. Mr. STEVENS. The vote has not yet been taken on 2nding the previous question. The SPEAKER. The motion to in on the table takes precedence of the deman for the previous question. 7 The yeas and an s were ordered. Mr. ELDRIDGE. Irise to a privileged moltion. I move that the House do now adjourn. Mr. RANDALL, of Pennsylvania. I call for the yeas&nays on that motion. The question was taken upon ordering the yeas an nays upon the motion to adjourn; and there were, upon a division ayes 25, noes 110. Before the result of the vote was announced, Mr. ELDRIDGE demanded tellers. Tellers were ordered; and Messrs. ELDRIDGE and STEVENS were apoiuted. The House again Sivided; and the tellers reportedayes 31; noes not counted. of the yeas&nays were ordered. The question was then taken; and it was decided in the negativeyeas 82, nays 121, not voting 30; So the motion to adjourn was not agreed to. The question recurred upon the motion of
Mr. FINCK to lay the concurrent resolution on the table; upon which motion the yeas and na s had been ordered. Mr. FINCK. I move that when the House adjourns today, it be to meet on Friday next and upon that motion I call the yeas&nays. Mr. WASHRURNE, of Illinois. I demand tellers on ordering the dyeas and Tellers were ordere 118?.; and Mr. INCK, and Mr. Witsasuarrn of Illinois, were appointed. The House divided; and the tellers reported ayes 30, noes not counted. Sothe yeas and an s were ordered. Mr. JOHNSON. ask to be excused from voting on this question. Mr. ANCOI A and on that I call for the ess&nays.
The SPEAKER. The Chair, in conformity with the decisions of the Speaker during the 37th and 38th Congresses, declines to entertain a motion to excuse a member from voting on motions to adjourn or to adjourn over. The ground for that decision is very evident; for by calling the yeas&nays on such motions it might be in the power of one 5th of the members present to prevent a majority of the House from ever adjourning, or at least delay the adjournment for on unreasonable period.
Mr. ELDRIDGE. Iappealfrom the decison of the Chair.
The SPEAKER. The Chair declines to entertain the appeal, on the same ground thathe refuses to entertain the motion to be excused from votin. Gentlemen will find precedents for this decision of the Chair in the proceedings of the 37th and 38th congresses.
Mr. JOHNSON. I differ [Cries of “ Orderl” and much confusion]
The SPEAKER. It should always be in the power of the majority of the House to adjourn whenever they 5 all see fit. But. if gentlemen can ask to be excused from voting on a motion to adjourn, and demand the 1ylens&nays upon it, or take an appeal from the decision of the Chair refusing to entertain such motion, and demand the ess&nays on the apeal, then one 5th of the House could preventt e majority from adjourning, and this could of course be prolonged for hours.
Mr. ELDRIDGE. This is not a motion to adjourn, but a motion to fix the time to which the House willadjourn.
The SPEAKER. It is a cognate motion, equally privileged, and one that takes prece dence of the motion to adjourn.
Mr. ELDRIDGE. Would a motion to take. a recess be in order?
Skip Skip Mr. ELDRIDGE. I move a call of the House. The SPEAKER. The previous question not having been 2nded, the Chair is of opinion that the gentleman has a right to move a call of the House at this time. . Mr. ELDRIDGE and on that motion I call the yeas and liars. Mr. WASHBURNE, of Illinois. I demand tellers on ordering the yeas and uays. Tellers were ordered; and Mr. LAWRENCE, of Ohio and Mr. ELDRIDOE. were appointed. The House divided; and the tellers reportedayes 30, noes not counted. So theycas and says were ordered.
Mr. JOHNSON. I ask to be excused from votin on this important question oi ordering a cal of the House.
The SPEAKER. The Chair declines to entertain that request during the pendency of the motion to adjourn, upon the same ground on which he has already decided not to entertain a similar request.
The SPEAKER. The Chair declines to entertain the appeal. He has already stated thereasou. In echning to entertain an appeal under these circumstances, on account of the pendency of the motion to adjourn, the Speaker Of course renders himself liable to the future censure of the House if his conduct should he disapproved; but the precedents are all in favor of the Chairs action.
Skip Skip The question was taken; and it was decided in the necativeyeas 28, nays 129, not voting 31; So a call of the House was not ordered. During the call of the roll, Mr. WASHBUKN, of Massachusetts, said: I desire to state that my colleagu, Mr. ALLEY, has paired with the Gentfrom Pennsylvania, Mr. JOHNSON. Mr. JOHNSON. I ain reminded by the Gentfrom Massachusetts [Mr. wASHBURN] that his colleague. Mr. ALLEY, has left the House with the understanding that he had paired with me. My recollection of the conversation between that gentleman and myself is thatI declined to pair with him upon questions requiring a 2/3rds vote and pupon contested election cases, but 1 agreed that as to all matters generally in which the “ nigger" was considered to be the great point, I would pair with him. Although our agreement was not clinched by any formal contracts,
Mr. ALLEY. I am in eforrned. has gonegome with the understand in I have stated; and therefore Idecline to I appeal from that decis vo won this question, considering this one of questions that could be” the biggest “ni oer” hrongligt up. gt,
Skip Skip The result of the vote was announced as above stated. The question then recurred on the motion that. when the House adjourns, it adjoum to meet on Friday next. Mr. ELDRIDGE. mtRtv the House refused to order acall of the House; and on that motion I demand the yeas&nays. Mr. FINCK. on the table.
The SPEAKER. Unless the Gentfrom Wisconsin [Mr. ELDIHDGE] can point to some instance in parliamentary history in which a motion has been entertained to reconsider a vote on orderinga call of the House. the Chair must rule his motion out of order. A call of the House can always be renewed after other business has been transacted or other motions have intervened, except when a motion to adjouin is pending. But the Chair is not informed of any case in which a motion to reconsider a vote upon ordering a call of the House has ever been entertained. If the Gentfrom Wisconsin can pointto any par iameninry precedent in support of his motion, the Chair will be glad to be informed of it.
Mr. ELDRIDGE. Icannot referthe Speaker to any precedent; but I can conceive no reason why my motion cannot be entertained, as I voted with the majority of the House.
The SPEAKER. The same reason that would a ply in reference to a motion to adjourn applies in this case. The gentleman certainl would not move to recansidera vote by which i the House had refused to adjourn, because the motion to adjourn could be renewed. The Chair therefore declines to entertain the gentlemans motion to reconsider the vote bywhich the House refused to order a call of the House. The ending question is on the motion that when the case adjourns, it adjourn to meet on Frida next.
Skip Skip Mr. ELDRIDGE. I move that when the House adjourns today, it adjourn to meet on Thursday next; and on that motion I demand the yeas&nays. Mr. CONKLING. Is there not already one privileged motion pending? The SPEAKER. One is an amendment to the other. Mr. WASHBURNE, of Illinois, demanded tellers on the yeas&nays. Tellers were ordered; and Messrs. GARFIELD and CHANLER were appointed. The House divided; and the tellers reported ayes 29, more than one 5th of those present. 80 the yeas&nays were ordered. The question was taken; and it was decided in the necativeyeas 13, nays 132, not voting 88; So the motion was disagreed to. The question recurred on the motion to l adjourn until Friday next. Mr. CHANLER. I move that when the House udjourns today. it adjourn to meet on Thursday next at 2 oclock p. m. The SPEAKER. That can only be done by unanimous consent. Mr. FlNCK. I move that the House do now adjourn. Mr. ELDRIDGE. I demand the yeas&nays. Mr. GARFIELD. I demand tellers on the yeas&nays. Tellers were ordered; and Messrs. ALLISON and Rear. were appointed. The House divided; and the tellers reported ayes 28, more than one 5th of those resent. So the css and nnys were ordered. The SBEAKER. The motion to adjourn over has priority of the motion to adjournMr. ELDRIDGE. I move that there be a call of the House.
The SPEAKER. The Chair cannot entertain the motion: and for the information of the House will have read the decision of Speaker Linn Boyd, in 1834, which was nlIirmed by a large majority.
The Clerk read, as follows::“Ihc SPEAKER decided the motion out of order. Mr. Isiiaizi. isuni;i:. jr. moved a call of the House. "ThoSrnaxlndeeidsdobootion tobeoiitoforder on the ground that the House have. since the demon for the previous question which is still pending. re fuseda call and t creby indicated a fixed purposeto vote on the main question without a call. “From the decismnof the Chair Mr. ISRAEL WASH nuns. jr. appealed: pending which Mr. Wniaznnn moved the appeal he laid upon the table: and the question bein: put on the latter motion. it wasda cided in the allirinativeyeas 118. uays 73. "
Mr. ELDltIDG E. l respectfully appeal from that decision of the Chair.
The SPEAKER. For the reason already assigned. that such dilatory motions would prevent a majority of the House from adjourning when it desired to, the Chair cannot entertain the motion.
Mr. ROSS. Is it in order to move to go into ComWhole on the loan bill?
The SPEAKER. It is not duringr the pond enc of the motion to adjourn. h Mr. ELDRIDGE. i ill it be in order to request the Gentfrom Pennsylvania to withdraw his motion for the previous question for debate? If he will allow debate we will withdraw all opposition on this side and go on with the business.
Mr. STEVENS. It is simply the return of the rebels oflSGl. Isat 3oighthours under this kind of a fight once, and 1 mm no objection to a little o it now. I am ready to sit for fort hours. ll
Mr. ELDRIDGE. I appeal to the Gentfrom Pennsylvania to [lCries of “Orderl”] "
Skip Skip The question Was then taken on the motion to adjourn to meet on Friday next; and it was decidedin the nevativeyeas 24, nays 121, not voting 38; So the motion was not agreed to. The SPEAKER. The question recurs on the motion that the House do now adjourn. Mr. CHANLER. I move that when the House adjourn, it adjourns to meet on Thursday next. Mr. FINCK. I demand the yeas&nays on that motion. Mr. GARFIELD.ing the yeas&nays. lellers were ordered; and Messrs. Hoorsa and NIBLACK were appointed. The House divided; and the tellers reported ayes 31, noes not counted. So the yeas&nays were ordered. The question was then taken on the motion to adjourn to meet on Thursday next; and it was decided in the negativeyeas 18, noes 115, not voting 50; So the motion was not agreed to.
Mr. CHANLER. Will it be in order now, withoutdisturbing the motion before the House, to have a memorial read?
Mr. CHANLER. It is an interesting me morial.
The SPEAKER. The question recurs on the motion that the House o now adjourn.
Mr. CHANLER. If it be in order to amend, I move that the House adjourn to meet on riday next.
The SPEAKER. That motion has been decided in the negative by yeas&nays.
Mr. CHANLER. Would it be in order to take a recess for the purpose of allowing my friendfrom Illinois[Mr. Ross] to introduce his friend. the General upon the floor?
The SPEAKER. It would, by unanimous consent.
Skip Skip The question was taken on the motion to adjourn; and it was decided in the ne ative yeas 22, nays 111, not voting 50. So the House refused to adjourn. The question recurred on the motion to lay the concurrent resolution upon the table. Mr. JOHNSON. I ask leave to be excused from voting upon that question as I am already paired. Mr. ELDRIDGE. I call for the yeas and an s on excusing the gentleman. Mr. PLANTS. I rise to a question of order. The gentleman says that he has aired off on this question, and he is not entitle to vote upon it in that case.
The SPEAKER. The gentleman can however. ask to be excused, although he has already notified the House that he did notiiitend to vote.
Mr. STEVENS. Let us excuse him by common consent.
Mr. JOHNSON. There is no law on the subject of pairs, and I ask to be excused from votin. Thg SPEAKER. The gentleman risks to be excused from voting. He has already stated that he intends not to vote, being paired.
Skip Skip Mr. ELDRIDGE. I call for tellers on the yeas and nays. Tellers were ordered; and Messrs. BOYER and ltomnxs were a pointed. The House divided; and the tellers reported ayes 2!), noes 111. So the yeas&nays were ordered. The question was taken; and it was decided in the affirmativeyeas 83, uays 51, not voting 49; So Mr. Jouusox was eicused from voting. Mr. CHANLE it. I move that when the House fianrns it adjourn to meet on Friday next; a on that motion I demand the yeas&nays. Mr. Mr. GARFIELD. yeas&nays. Tellers were ordered; and Mr. CHAMJZR and Mr. GARFIELD were appointed.: The House divided; and the tellers reported ayes 25, noes not counted. So the yeas and nnys were ordered. The question was taken and it was decided in the negativeyeas 24, nays 113, not voting 46; So the motion was not agreed to. Mr. CHANLER. I move that the House now adjourn and upon that motion I demand the yeas&nays. INDIANA CONTESTED ELECTION.
Mr. MARSHALL. I rise ton privileged question. On esterday the majority of the ommittee of lections presented a report in the case of Washburn vs. Eoorhees, of the State of Indiana. I was not in my seat. at the time that report was made. I now ask leave to present a report from the minority of that committee, and ask that it be laid on the table, and printed.
The SPEAKER. That can be done only by unanimous consent at this time.
Mr. MARSHALL. May I ask why it cannot be received now?
The SPEAKER. A motion to adjourn is now pending.
Mr. MARSHALL. I ask unanimous consent. It will take no time.
Mr. MARSHALL. May I ask the reason of the objection I
Mr. SPALDING. I object to any business until the subject is disposed of which we now have underconsideration.
Mr. MARSHALL. If the Gentfrom OhioEMT. SPALDING] will crmit me to make a statement, I think he wi withdraw his objection.
Mr. WASHBURNE, of Illinois. I will not object to the report being received. but I object to any statement being made in regard to the case.
Mr. MARSHALL. I do not desire to make an statement about the case.
Mr. DAWES. I hepe the Gentfrom Ohio [Mr. SPALDING] will withdraw his objection, and allow the report of the minority to be receiVed and ordered to be printed.
Mr. SPALDING. Very well; I will with draw my objection. The report was received, laid upon the table, and ordered to be printed. CORRECTION OF THE JOURNAL.
Mr. MARSHALL. I rise to another privileged question. Ou yesterday, when the elec I call for tellers on the Strouse. Tiiber. John L. Thomas. Van Aernnni.tion. the ComWhole on the state ofthe question case from Pennsylvania was under consideration, I was in my seat and voted to sustain the report of the majority of the committee. I iind myself reported in the Globe of this morning as not voting, and I resume the Journal is to the same effect. I esiro to have my name recorded in the affirmative. The Journal was ordered to be corrected accordingly.
RECONSTRUCTION AGAIN. The House resumed the consideration of the concurrent resolution reported this morning fiom the JtComReconstruction.
Mr. ELDRIDGE. I move to reconsider the vote by which the House excused the nth: maii from Pennsylvania [Mr. Jormsos] from voting.,
Skip Skip The SPEAKER. The motion to reconsider will be entered. but it cannot be voted upon at this time. The pending question is upon the motion to adjourn, npon which the Gentfrom NewYork [Mr. Crisirnsn] has emanded the eas and no 8. Mr. WASHBHRNE, of Illinois. I call for tellers on orderizg the yeas&nays. Tellers were o cred; and Messrs. PRICE and TAYLOR were appointed. The House divided; and the tellers reported ayes 30, noes not counted. So the yeas&nays were ordered. The question was taken; and it was decided in the ne ativeyeas 23, nays 101, not voting 69; So the House refused to adjourn. Mr. CHANLER. I rise to aprivileged mo I move that the House resolve itself into Union; and upon that motion I call the yeas and uays.
The SPEAKER. That motion would be in order if the previousquestion were not pending. Mr. Clli NLER. I understand that the motion to go into the ComWhole on the state of the Union is in order also time.
The SPEAKER. The pendency of the pre. vious question and a motion to. lay on the table would render the motion to go into the ComWhole out of order untilthose I. questions were decided.
Mr. SMITH. I ask unanimous consent to make a personal explanation.
Mr. ASHBUltNE, of Illinois. I object. Let the gentleman wait till this question is set
Mr. SMITH. I ask the Gentfrom Illinois to withdraw his objection. I desire to before the House and the country a matter that concerns me as well as my friends.
The SPEAKER. Is there objection tothe, ton. Trowbridgc. UfisonNan A criimn. Burt Van. Wi Micki53. Gentfrom Kentucky [Mr. SMITH] making a personal exilannlion?
The SPEAKER. Objection is made. The pending question is upon the motion of the Gentfrom Wisconsin Mr. ELDRIDGE] to reconsider the vote by which the House excused the Gentfrom Pennsylvania [Mr. JOHXSON from votin.
Mr. SpITH. I ask llie Gentfrom Pennsylvania, [Mr. BROOMALL] whether he knows anything about the subject which I desire to bring before the House.
Mr. BROOMALL. I do not; but I, want to have a vote on this resolution.
Mr. SMITH. Mr. Speaker, allow me to say that it is very likely, from what has taken place here, that we shall not reach a vote for an our or 2 at least; and I can make in a few minutes the explanation I desire to make. The explanation onght to go before the country in conjunction WILTI the newspaper article which I hold in my hand and which contains papersonal reflection upon me and my friends.
Mr. SPALDH G. I object. The pending question being upon the motion of Mr. Emmine n to reconsider the vote by which the House excused Mr. JOHNSON from voting,
Mr. ELDRIDGE demanded the yeas and on s.
Mr. FINCK. I rise to a privileged motion. I move that the House take a recess till half past 7 oclock.
The SPEAKER. That motion would be in order if it were to take a recess from half past 4 till half past 7. There is a resolution of the House that the House will take a recess daily at half ast 4 oclock p. m. till half ast 7, unIess otherwise ordered. But the House has ordered that to be suspended until otherwise ordered, and it is not now in operation.
Mr. FINCK. I rise to another privileged motion. 1 move that when the House adjourns it adjourn till thursda next.
Skip Skip The SPEAKER. hat motion is in order. Mr. CHANLER. On that motion I demand the one and no s. Mr. WILSOI, of Iowa, demanded tellers. Tellers were ordered; and Messrs. Wilson, of Iowa and Rooms were The House divided appointed.; and etellers reported ayes 28, more than 1/5th those present. So the yea s&nays were ordered. The question was taken; and it was decided in the ne ativeyeas 26, nays 104, not voting 53; So the motion was disagreed to.
Mr. SMITH. I move that the Gentfrom Pennsylvania [Mr. Joinisox] be excused from voting for the rest of the session.
The SPEAKER. The Chair cannot entertain that motion.
The SPEAKER. Because it would be too OXICHSIVGB
Skip Skip The SPEAKER. The Chair thinks not. The question recurred, on the motion to reconsider. Mr. ELDRIDGE demanded the yeos&nays. Mr. SPALDING demanded tellers. Tellers were ordered; and Messrs. DWING and BROOKS were a pointed. The House divide; and the tellers reported ayes 29, more than one 5th of those present. So the yeas&nays were ordered. Mr. ELDRIDGE moved that there be a call of the House, and demanded the yeas&nays. Mr. SPALDING demanded tellers. Tellers were not ordered. The eas&nays were ordered. Mr. HANLER. I move to be excused from voting on the ending question. Mr. ELDR DGE demanded the yeas&nays.”, Mr. SPALDING demanded tellers. Tellers were ordered; and Messrs. Wasn nunxs of Illinois, and BOYER were appointed. The House divided; and the tellers reported ayes 26, more that one 5th ol those present., So the yeas&nays were ordered.
Mr. WASHBURNE, of Illinois. I rise to a question of order. The Gentfrom Pennsylvania [Mr. Jonxsos] ins stated that he was Eired with the Gentfrom Massachusetts, Is an appeal from that Mr. ALLEY] and yet he has voted on ordering the yeas&nays.
The SPEAKER. That is a question the gentleman must decide for himself. The Gentfrom Pennsylvania has the legal right to vote even if he is paired; but the Chair will state that when he votes on the yeas&nays his vote offsets fo 1 who diiIer from him.
Mr. JOHNSObll. M pair did not extend to this question. I will explain, if allowed. Objection was made“.
Mr. NIBLACK. I move to be excused from voting on this question. The SPEAlaSR. For the last 12 years the decisions have been uniform with that of Speaker Linn Boyd, in the celebrated Nebraska bill contest, thnta motion cannot be entertained to excuse a member on a motion to excuse.
Skip Skip The question was taken on the motion to excuse the Gentfrom NewYork, [Mr. CHANLER;] and it was decided in the ne ntive yeas 10, nays 110, not voting 63; So the motion was disagreed to.
Mr. SMITH. I rise to a personal explanation.
The SPEAKER. The Gentfrom Kentucky asks unanimous consent to make papersona exlanation.
Mr. SMITH. I would like to ask the Gentfrom Pennsylvania why he objects to my making a personal explanation.
Mr. BROOMALL. I want a vote on the resolution.
Mr. SMITH. Let it come in as a sort of episode, as a relief.).
Mr. CHANLER. For all for the yeas and navs on excusing the gentleman.
MR. ROSS. rise to a privileged question. I move that the House take a recess for 20 minutes for refreshment. [Laughter]
The SPEAKER. It would require unanimous consent.
Skip Skip Mr. BROOMALL. I call for tellers on ordering the yeas&nays. Tellers were ordered; and Messrs. Bacosumq and RANDALL of Pennsylvania, were appointed. The House divided; and the tellers reported aves 26, noes not counted. So the yays and no s were ordered.
Mr. SMITH. I rise to a question of privilege. Laughter]
The SPEAKER. A question of privilege is one affecting the rights of a member to his scat.
Mr. SMITH. Mr. Speaker, I notice in the Pittsburg Gazette
Mr. BROOMALL. I ask that the gentleman shall state his question of privilege, that we may see whether it is one or not.
Mr. SMITH. If the gentleman will keep his mouth shut for a few minutes I will state it. [Laughter]
Mr. ROGERS. move to sue end the rules to enable the Gentfrom Kentucky to be heard.
The SPEAKER. A motion to suspend the rules is not in order, this not being Monday.
Skip Skip The question was taken on Mr. Axcoss. i The result of the vote having been announced as above recorded, the question recurred on ll. there be a call of the House.
The SPEAKER. The Chair is compelled, under the decision which hehad read before this afternoon. to decide that motion out of order as the House has once refused a call of the House subsequent to the demand for the previous question and unless the want of a quo rum shall be disclosed, another motion for a call of the House is not in order.
Mr. ELDRIDGE. Does that apply when there has been business since the last motion for a call of the House was made I
The SPEAKER. In the case which the Chair had read, Speaker Boyd decided that the motion was not in order, on the ground that the House had already decided, since the previous question was demanded, to take the vote on the main question without a call of the House.
Mr. ELDRIDGE. My inquiry is, if there cannot be anothermotion foracall of the House after business has intervened?
The SPEAKER. The Chair would Suppose not unless the absence of a quorum should be disclosed. When the demand for the previous question is pending, after a motion tgr a call of the House has once been voted down, it cannot be again received unless the thet that there is no quorum present should be disclosed, because the House has indicated its intention to vote on the main question without a call of the House. The question now recurs on the motion to reconsiderthe vote by which the House excused the Gentfrom Pennsylvania [Mr. JOHNSON] from votin upon the motion to lay the resolution upon the table.
Mr. STEVENS. I demand the yeas&nays on that motion. Mr. SCHENCK. I call for tellers on the yeas and navs. Mr. ROGERS. I ask to be excused from voting on that motion.
The SPEAKER. The Gentfrom Pennsylvania [Mr. Johnson] was excused from voting and the Gentfrom Wisconsin [Mr. ELDRIDGE] moves to reconsider the vote in which he was excused. In accordance with the uniform usage, the Chair declines to receive a motion to excuse a member from voting on a question respecting the voting of another member. It is piling up questions one on the to of another.
Mr. SMITH. If the gentleman does not want to vote he can go in the cloakroom.
Mr. ROSS. I rise to a point of order. Mr. Romans is a leader of this side of the House, and we cannot excuse him. [Laughter]
The SPEAKER. The Chair overrules the point of order.
Mr. FINCK. I move that the House do now adjourn.
Mr. CHANLER. I move that when the House adjourns it adjourn to meet on Friday, and on that motion I demand the year&nays
Mr. SCHENCK. I call for tellers on the yens&nays.
Mr. HALE. I rise to a question or order. I would inquire whether a motion to adjourn over until is in order, the same motion having been already put and defeated by a vote of the House?
Mr. ELDRIDGE. I think an accommodation can be had of this difficulty if opposite will“ give this side of the house 2 hours on this question tomorrow. Cries out “Say one hour!” and “Order!”] all, say one hour.
Mr. ROGERS. We Will compromise on one hour. [Loud shouts of “No” “No!” and “ Order”]
Mr. VOORHEES. I call for the reading oi the resolution. Let us know what we are about. The concurrent resolution was again read:
Mr. ROGERS. I rise to a question of privilege. [Loud shouts of “ Order"] We propose to settle this difficulty. [Renewed shouts (Order
Mr. VOOR EES. Will the opposite side of the House allow me to make a proposition? [Cries out“No” “NO1”
Mr., of Illinois. I hope the Gentfrom Indiana [Mr. will be heard fora moment. MLWARD. I trust our friends will allow it.
Mr. PRICE, Mr. BROOMALL, and others, objected. Mr. ELDRIDGE. Will they allow nobody to make a pro Mr. FINGK that the House adjourn.
Mr. YOORHEES. Will the House allow me to make a proposition 1
Mr. INGERSOLL. Ihope the Gentfrom Ohio [Mr. SPALDING] will withdraw his objection.
Mr. BLAINE. Let us hear the proposition.
Mr. SPALDING. I will hear it, but reserve my right to object.
Mr. VOORHEES. I have been here in this Hall long enough to learn that there is no amusement or proht in remaining here all night. I certainly do not wish to do so, and I presume no one else does. There is nothing ever accomplished by it. except to gratify the passions and inflame the aspeiities of men who become excited over their favorite propositions. In this case a veryimportant resolution has been introduced into the House by the distinguished Gentfrom Pennsylvania. [Mr. Stevens] have read it simply by going to the Clerks desk and there examinin it. It involves great and fundamental princip cs. The proposition I have to makeis simply this and 1 do not make it captiously or for any partisan purpose. My proposition lsthat this concurrent resolution be printed and laid upon our desks by tomorrow and that this side of the House be then allowed one hour to speak upon it if we desire to do so, and the other side take the same time if they dome, and then we will take the vote.
Mr. VOORHEES. I do not think it is an unreasonable proposition.
Mr. SPALDING. I object to any further remarks. We should have had that proposition 2 hours ago.
Skip Skip The question recurred upon the motion to BdJOllln. Mr. ELDRIDGE. Upon that questionI call the yeas&nays. Mr. SPALDING. I call for tellers on or derin the yeas&nays. Telers were ordered; and Messrs. Goon ntas and Tartoa were appointed. The House divided; and the tellers reported ayes 28, noes not counted. So the yeas&nays were ordered. Mr. ELDRIDGE. It is proposed on this side of the House Cries of“ Order!” " Orderl”] he question was then taken; and it was decided in the netiveyeas 26, nays 104, not voting 64; So the motion to adjourn was not agreed to.
Mr. CHANLER. Is it in order to move that when the House adjourns today it be to meet on Thursday next?
Mr. CHANLER. Then I submit that motion; and upon itI call the yeas and iiays.
Mr. CONKLING. I demand tellers on ordering the yeas&nays. Tellers were ordered; and Messrs. Cosxuizo and Brass): were uppointed. The House divide; and the tellers reportedaycs 29, noes not counted. So the yeas and naya were ordered.
Mr. ROGERS. I rise to a question of privilege. I want to ask the other side if they will give us any time at. all.
Mr. conKLING. I call the gentleman to Order.
Mr.ROGERS. I want to ask Cries of "Order!" “Orderl”] he question was then taken upon the motion that when the House adjoinus today it be to meet on Thursday next; and it was decided in the negativeyeas 20, nays 110, not voting 53; So the motion was not agreed to.
Skip Skip Mr. ELDRIDGE. I now move that when this House adjourns today, it be to meet on Friday next; and on that motion I call the yeas&nays. Bk. CONKLING. I demand tellers on or deriif the ycas&nays. lelers were Ordered; and Messrs. TAYLOR and PRICE were a pointed. The House divi ed; and the tellers reported ayes 29, noes 92. So, one 5th voting in the affirmative, the yeas&nays were ordered. The question was then taken; and it was decided in the negativeyeas 21, uays 102, not voting 60; So the motion was not agreed to. The question recurred on the mtRtv by which Mr. JOHNSON was excused from voting on the motion to lay upon the table.
Mr. ELDRIDGE moved that when the House BdJOUIHStonight, it adjourn to meet on Thurs day next.
Mr. BIDWELL. I rise to a point of order. We have already voted on that motion more than half a dozen times.
The SPEAKER. The Chair sustains the gentleman so far as the fact is concerned; but the motion has been allowed to be repeated, and for this reason: on Friday the House may refuse to adjourn over to Monday, and afterward, wanting to do so, the motion can be renewed.
Mr. ELDRIDGE. I think we now find we can adjourn over.
Mr. MORRIS. Has the morning hour expired? [Langhter]
Mr. KELLEY. I move that the Gentfrom Kentucky be permitted to print hispersonal explanation.
Mr. SMITH. I wish to say to the Gentfrom Pennsylvania
Skip Skip Mr. ELDRIDGE demanded the yeas&nays. Mr. SPALDING demanded tellers. Tellers were ordered; and Messrs. Bnoonsm and SMITH were a pointed. The House divi ed; and the tellers reportedayes 31, more than one 5th of those present. So the yeas&nays were ordered. The question was taken; and it was decided in the negativeyeas 20, nays 103, not voting 60; So the motion was not agreed to.
Mr. ELDRIDGE. I think this side of the House are prepared to acknowledge sufficiently their weakness to satisfy the majority.
Mr. HARDING, of Illinois. I object to debate.
Mr. STEVENS. Let us hear what the gentleman has to so.
Mr. WASHBDIRNE, of Illinois. I hope my colleague will withdraw his objection.
Mr. HARDING, of Illinois. I withdraw my objection. Mr. McINDOE. Irenew it.
Mr. wASHBURNE, of Illinois. I appeal to my friend to withdraw his objection. Let us hear what the Gentfrom Wisconsin has to say.
Mr. ELDRIDGE (at 25 minutes after 6 oclock p. m.) moved to adjourn. :;
Skip Skip Mr. ROGERS demanded the yeas&nays. Mr. SPALDING demanded tellers. Tellers were ordered; and Messrs. BEAMAN and luonxrox were appointed. The House divided; and the tellers reported ayes 27, more than one lifth of those resent. p I So the yeas&nays were ordered.
Mr. WRlGHT. I desire to inquire whether it would be in order to move that the House take a recess for one hour, in order that the Doorkeepermay have the Hall fitted up as a dormitory. [Laughter.] From present indications it would seem that accommodations of that sort will be necessary.
The SPEAKER. That motion would not be in order. The Clerk proceeded tocall the roll, but was interruted b
Mr. ELDRIDGE, who said: I wish to make a statement by unanimous consent. I withdraw the call for the yeas&nays. There being no objection, the further call of the roll was dispensed with.
Mr. FINCK. I withdraw the motion to lay the resolution on the table.
Mr. STEVENS. In what condition does this leave the question?
The SPEAKER. The previous question has been demanded by the Gentfrom Pennsylvania, [Mr. Srsvsss] and that is the pend. in question.
Mr. STEVENS. Before the vote is taken I have a right to claim my hour. I will now ive to the Gentfrom Wisconsin [Mr. 1. Dmncuf 5 minutes of my time, and then I will proceed, perhaps.
Mr. ELDRIDGE. I thought when I made, or proposed to make, a proposition a few minutes ago to the House, that the minority would withdraw all dilatory motions in opposition to the resolution reported from the committee of 15, that I would show to the majority that we were willing to yield to the superior power of numbers suiheiently even to answer the arro gant demands of the other side. The opposition which we commenced to this resolution in the morning, Mr. Speaker, was in consequence of the extraordinary provisions of the resolution and the manucrin which it was presented to this House. It was in consequence, too, I may say, of the remark which the Gentfrom Pennsylvania [Mr. Srsvsxs] made, that what had recently transpired, referring to the veto of the Freedmens Bureau bill by the President, had induced the ComReconstruction at this time to make this report. We felt upon this side of the House that such a measure, introduced under such circumstances, containin such provisions, ought to receive the most deliberate and candid consideration of the country and of this House. It was for that reason and that the resolution might be debated, and that alone, that we made the opposition which we have during the day to immediate action upon it. But. sir, we know our weakness and the strength and power of the numbers of the majority. We have not had the assistance which we expected from the other side of the House in our effort to obtain the privilege of debating the resolution. We know perfectly well that it has become a question of physical endurance. We know perfectly well that we cannot stand out against the overpowering majority of this House any great length of time. We know if the majority will it, the resolution will pass without debate. We have done all we could. We therefore yield to that power and throwtbe responsibility of this most extraordinary, this most revolutionary measure, upon the majority of the House.
Mr. STEVENS. The gentlemen accept their condition just as Jeff Davis did hisbecause they cannot help it. [Laughter] I confess, sir, for so small a number they have made a most EVENomous fight. I am only sorry that the Gentfrom NewJersey, [Mr. Rooms] who belongs to the same tribe, could not have had an opportunity also to shake his rattle and point his Sting. B. Asbleff. Barker, Blow. Bund I insist on the call for the previous question.
Mr. ROGERS. Will the gentleman yield to me 5 minutes?
Mr. FINCK. I move to lay the resolution on the table; and on that I demand the yeas&nays. The yeas&nays were ordered. The Clerk proceeded to call the roll on the question to lay the resolution on the table, but was interrupted by Mr. FINCK, who said: I withdraw the motion to lay on the table if the House will agree to adjourn.
Mr. FINCK. Then I insist upon the motion. The Clerk again proceeded with the calling of the roll, but was againinterrupted by Mr. FINCK, who said: I withdraw my motion. No objection being made, the motion was accordingly withdrawn, and the further calhng of the rol was dispensed with. The question then recurred on agreeing to the resolution.
Mr. WASHBURNE, of Illinois. On thatI demand the yeas&nays. The ess&nays were ordered.
Mr. INCK. I withdrew the motion to lay the resolution on the table with the understanding that there should be an adjournment.
Skip Skip The question was then taken on agreeing to the concurrent resolution reported from the jomt committee of 15, an it was decided in the affirmativeyeas 109, nays 40, not voting 34; So the resolution was agreed to. During the call of the roll, Mr. DONNELLY stated that Mr. Anus had paired with Mr. Li: BLOND. Mr. LAWRENCE stated that Mr. Romans had paired with Mr. Ancoss. Mr. HOOPER, of Massachusetts, stated that Mr. ALLEY had aired with Mr. Jonssox. Mr. STEVENS stated that Mr. MILLER had paired with Mr. HARRIS.R. BOYER announced that his colleague, Mr. Demon, was still detained from the House h continued illness.
Mr. STEVENS. I move to reconsider the vote by which the House adopted the resolution. Can I say a word without interruption? I desire to say this. In submittin the motion that I did I had intended, after tie previous question was ordered, in pursuance of an unerstanding with the gentleman. from Wisconsin[Mr. ELDRYOGE] to move an addurnment so that we might take the vote on this resolution in the morning. Several of our friends who are absent this evenin were very anxious to vote upon it. I intendet, therefore, to have moved to adjourn, but a gentleman on the other side who had moved to lay the resolution on the table withdrew it in consequence of a remonstrance on our side. We were then half way through with the rollcall. I tried to get the ear of the Speaker and arrest further proeeedings, and have the question go over til the morning. But so many gentlemen on this side, not anderstanding the arrangement that had been made, objected, as they had a right to do, that I gave up the offort. I hope the motion to reconsider will be entered that it may stand over till tomorrow morning in order that the votes of the absent gentlemen maybe recorded, and then the gentlemen on the other side, if they choose to contest the matter, may try it a am. g
The SPEAKER. When does the gentleman wish to have it come up in the morning?
Mr. STEVENS. Immediatelyatter the read in of the Jenrnal.
Mr. ELDRIDGE. I wish to say one word about this matter.
Mr. STEVENS. If it is in explanation of what I have referred to, I yield.
Mr. ELDRIDGE. I desire to say simply this: that the opposition of this side of the House, by dilator motions which have been made during the a, was withdrawn upon an understanding, intimated by the Gentfrom Pennsylvania, [Mr. STEVENS] and I am greatly surprised that the course which was agreed upon an understood between us was not pursued. I did not understand that that arrangement in, cluded the withdrawal permanently, but only tcm orarily, of the motion to lay the resolution on the table. When I found that it was so understood on the other side of the House, I instantly appealed to my friends here to with draw tbe motion, and not insist upon the renewal of the motion to lay the resolution on the table. That motion was withdrawn by my friendfrom Ohio [ML FIRCK] upon my personal appeal, and upon my assurance that the vote upon the resolution was by arrangement not to be taken tonight. Iam greatly surprised that the vote has been taken tonight in violation, as I think of the arrangement. I do not think, although perhaps the Gentfrom Pennsylvania [Mr. Stevens] is doing now all he can do in the matter, that he places this side of the House in the attitude they expected to stand, nor do I think thatit is a carrying out in good faith of the arrangement which was under stood by me to have been made between us. the vote upon the resolution was not to have been taken till tomorrow, and the House was to have adjourned when the previous question was 2nded, as I understood the arrangement.
Mr. FINCK. I ask the Gentfrom Pennsylvania to yield to me one moment.
Mr. FINCK. I made the motion to lay the resolution on the table, and withdrew it only upon an a peal from Iii? friends from Wisconsinand NewYork [Mr. ELDRIDG r: and Mr. Baooxs] with the express understanding that the question was to go over till tomorrow, and that no vote was to be taken at this time. I believe it wrm in violation of the understanding between this side of the House and the other on this matter, that the vote was taken to night. Itir. SLOAN. There was no understanding among gentlemen on this side of the House that the vote was to be postponed till tomorrow.
Mr. VOORHEES. object to any remarks by anybody except the high contracting parties. I am willing that they should have the time.
Mr. STEVENS. new adjourn. The motion was agreed to; and thereupon (at 7 oclock and ten minutes p. m.) the House adjourned. I move that the House. 13566 1 95!
@@@IN SENATE SENATE. Wnnxssnsr, February 21, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. ANTHONY. the market price of which is 20 cents per pound, pays only 225%; and imported Havana tobacco, rated at $1 50 per pound, pays only 33%. they allege that this discrimination against the product of Ohio and other western States has cut off the demand for it, and, if continued, is likely to put a stoptothe growing of tobacco in those States, and that this rule levies the heaviest%. of taxation on that kind of tobacco mainly used by the class least able to pay, and touches but slightly the highpriced luxury of the rirhor class. They therefore ask such a modification of the tax Law as will make it more equitable. I move the reference of these resolutions to the ComFinance, and that they be printed. The motion was agreed to., SUFFRAGE roa woman.
Mr. HENDERSON. I present the petition of Mrs. Gerritt Smith and 27 other ladies of the U.S., the most of them from the State of NewYork, praying that the right of sufirage be granted to women. Along With the petition I received a note, stating as follows: “I noticcin the debates of today that should not be permitted to disturb the once of a relation so sacred. honorable Senators will be able to find authority for this position, not only in the common law, approved as it is by the wisdom and experience of ages, but in the declaration of the 1st man, on the occasion of the 1st marriage, when he said, “This is now bone of my bone and flesh of my flesh.” It may be answered however, that the wife, though one with her husband, at least constitutes his better half, and if the married man be entitled to but one vote the unmarried man shonld be satisfied with less than half a vote. [Laughter] Having some doubts, myself, whether beyond a certain age to which I have not yet arrived, such a man should be entitled to a vote or even half a vote, I leave the dif ficulty to be settled by my friendfrom Massachusetts and the fair petitioners. The petitioners claim, that as we are proposing to enfranchise 4 million emancipated slaves, equal and impartial justice alike demands the suffrage for Reen million women. At 1st view tcproposition can scarcel be met with denial, yet reasons
Mr. SAULSBURY. I rise to a point of order. My point of Order is, that a man who has lived on old bachelor as long as the Senfrom Missourihas has no right to talk about womens rights. [laughter]
The PRESIDENT protempore The Chair T thinks that is not a point of order; and the Senfrom Missouriwill proceed.
Mr. YATES. I wish to ask the Senfrom Missouria question. I understand that he has ntroduced a resolution to amend the constitution Of the U.S. so that there shall be no distinction on account of color. Will the gentleman accept an amendment to that resolution that there shall be no distinction in I regard to sex?
Mr. HENDERSON. I have given my views, I think, very distinctly, as the Senator would have found tfhe hnd listened, in the latter part of what I have just stated in reference to the question of voting. In reply to what he has said, I will say that I do not think that on the mere presentation of a petition it is in order to discuss the merits of the petition. I hope, therefore, that the Senator will not insist upon enterin into a question of that sort now.
Mr. YATES. I shall not do so. I only wish to say that lam not proposing to amend the constitution. I simply desire to give rights to those who have rights under the constitution as it has been amended. When I propose to amend the constitution then the question will come up whether I will allow women to vote or not.
Mr. SUMNER. Before this petition passes out of sight l wish to make one observation, and only one. The Senfrom Missouribegan by an allusion to myself and to a remark which fell from me when I presented the other days petition from women of the U.S. praying for the ballot. I took occasion then to remark that in my opinion the petition at that time was not judicious. That was all that I said. I did not undertake to express any opinion on the great question whether women should vote or should not vote. I did venture to say that in my opinion it was not judicious for them at this moment to bring forward their claims so as to compromise in any way the great question of equal rights for an enfranchised race now before Congress. the Senator has quoted a letter suggesting that I did not present the petition in a credit able way. I have now to felicitate my excel lent friend on the creditable way in which he has performed his duty. [Laughter]
Mr. YATES. Allow me to say that I think the 2 gentlemen, one of whom has arrived at the age of 49 and the other 63, have no right to discuss the question of womens rights in t 10Senate. [Laughter]
The PRESIDENT protempore Will the Senfrom Missourisuggest the disposition he wishes made of this petition?
The President 1protempore. That order will be made. REPORTS or concerns.
Mr. TRUMBULL, from the ComJudiciary. to whom was referred the petition of James Dale Johnston, a naturalized citizen of the U.S., praying to be protected against any claim which may be preferred against him as a former subject of Great Brit am, he having, as is allege, voluntarily transferred his allegiance to the U.S.; and also praying for that Charles Underwood OConnell, recently tried in Ireland for a connection with the Fenian Brotherhood, may be demanded of the Government of GreatBritain to be surrendered to the Government of the U.S., asked to be discharged from its further consideration; which was agreed to.
Mr. TRUMBULL. The same committee, to whom was referred the petition of citizens of Newbern, NCarolina, praying to be relieved from the payment of retrospective taxes claimed to be due under and by virtue of an ordinance of the convention of NCarolina ratified on the 18th of October, 1865, have instructed me to report it back and ask to be discharged from its further consideration, upon the ground that in the opinion of the committee no legislation can properly be had on the subject. If the parties have a remedy, they must find it in the courts and not in legislation by Congress. The report was agreed to.
Mr. WILLIAMS, from the ComClaims, to whom was referred the memorial of George Warren, Daniel Hood, and C. It. Humphrey, praying for compensation for the ship State of Maine, seized by the rebel authorities on the 24th of May, 1501, and burnt by them, submitted an adverse report; which was ordered to be printed.
Mr. NORTON, from the ComClaims, to whom was referred the petition of Kate Pettit, praying for relief for injuries alleged to have been received by her through the carelessness of the driver of a Government team, submitted an adverse report; which was ordered to be printed.
Mr. MORRILL, from the ComDistCol, to whom was referred the bill (S.No.102) to incorporate the National Mutual Protection Homestead Company, r6 orted it with amendments. Mr. MOItltILL, from the ComDistCol, to whom was referred the bill (H. It. No. 1) extending the right of snlirage in the DistCol, reported it without amendment.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the bill (H. Mr. No. 218) for the relief of Charles Youly, reported it without amendment. rsrsns WITHDRAWN. On motion of
Mr. JOHNSON, it was Ordrrctl, That Joseph ONeal have have to with draw his petition and other papers from the files of the Senate. REPRESENTATION OF SOUTHERN STATES. The following message was received from the HoRep, by Mr. McPnnnsox, its Clerk: “Mr. President, the HoRep have passed a concurrent resolution, in which I am directed to ask the concurrence of the senate, declaring that no Senator or Representative shall be admitted into either branch of Congress from an of the 11 States which have been declare to be in insurrection until Congress shall have declared such State entitled to such representation. INTERCONTINENTAL TELEGRAPH.
Mr. SHERMAN.I should like to inquire of the Senfrom Massachusetts what reason is given by the SecyNavy for not having furnished a vessel before under the originallaw. This simply makes imperative what was formerly discretionary, as I. understand.
Mr. SUMNER. The Senator understands that. when that act was passed we were engaged in suppressing the rebellion; our ships were employed in a very extensive blockade, and the SecyNavy had not, as I understand, a propervessel which he was disposed to send off on this distant service. There was a hitch of some kind there; and the object of this resolution is to get over that and to assure the participation of the U.S. in this very iniportant enterprise. Already, I tinder stand, ships are assembled at SanFranciseo in Order to embark in the laying dawn of the cable. Russian ship s are there, and there are also American 5 iips ready to participate. It is desirable that the flag of the U.S. should be in this work side by side with the flag of Russia. However, I will not say anything more about it.
Mr. FESSENDEN. There was a vessel furnished by the Treasury Dept at the time. The Navy Depthud no vessel, to be sure, that it could furnish, and an application was made for the use of one of the revenue boats, and an arrangement was made between the Treasury and Navy Depts by which a revenue boat was furnished for this purpose and put into the possession of the persons manu ging thisexpedition, and the Navy Dept, on its part, performed some duties on the coast of California in relation to the revenue. Perhaps the Senfrom California can tell more about it than I can. I know, however, having been SecyTreasury at the time, that that arrangement was made and went into execution, and a vessel was furnished under the act, and has been in the service of this company for the purposes named in the original act, and used by them. Now, this resolution must be something further than merely to make up a defect that occurred at that time, and I should like to be furnished with information on that subject before acting upon a resolution of this description.
Mr. FESSENDEN. My recollection of the original actimay be wrong about it, but I should like to have it readisthat a vessel was to be furnished for taking out certain may terials to be used by this company. That was all the duty which was imposed upon the Navy Dept to furnish a vessel for the purpose of doing certain things. They had no vessel; and then, by this arrangement, a vessel was furnished by the Treasury Dept to do all that the original act provided should be done by the Navy Dept. I understood that the vessel was sufficient and satisfactory to the company. If that be so, this resolution proposes something more. I think it would be well for the Senate to hear the original act read and then see whether this does not go further. I do not say that I have any objection to this, but I really think that instead of being aJtResolution to carry out the original act, it is a JtResolution to do something more than was intended to be done by the Government under the terms of the Original law. If the Senaior from California has the original law with him I should like to have it read that we may see what it is.
Mr. ANTHONY. Isthereanyappropriation in this resolution?
Mr. FESSENDEN. It takes money from the Navy Dept, of course, for the vessel.
Mr. ANTHONY. The last bill authorized but did not instruct the SecyNavy to furnish a vessel, but it provided no money. He found that it would cost some 2 or 300,000 dollars. He did not wish to incur that expense and have it chargedto the general cost. of the Navy without a direct approval of Congress.
Mr. SUMNER. I have here the act of1864. It is entitled “ An act to encourage and facilitate telegraphic communication between the castern and western continents, ” in 5 sections. The 1st section is, that Perry McDonough collins and his associates and assignees mu construct lines of telegraph through the Territories of the U.S. to the boundaries of British America, &c. The 2nd section is as follows: "And beiffurlher marlrrf. That in order to encour ago and aid the construction of said line of tcle graph beyond the limits of the U.S. the SecyNavg is authorized to detail for useof the surveyson soundings along that porttiohno of the Pacific coast. both of America and Asia. where it is proposed to establish said tolegraphmnc steam or sailing ycssrl. in his discretion. to assistin surveys and sounding. laying down submergedeable and In transporting matoriulsconnce tedtherewith, and been crully afford such assistanceas may be deemed best calculated to secure a successful promotion of the enterprise.” This act bears date July 1, 1864. I understand that in point. of [act the Russian Government have sent one of their own vessels in order to meet the vessel assigned under this act and cod erate with it. 1i
Mr. CONNESS. With the permission of the Senator, I will state that I hold in my hand a copy of the official letter of the Russian Minister of Marine giving the Russian vessel and I send it to the desk to be. read if there be no objection.
Mr. SUMNER. Before that is read. let me finish what I was going to say. I understand that the Russian Government, becoming aware of this statute, have sent a ship to cooperate in this great work, but on arriving at SanFranciseo there is no American ship to cooperate with them; they are alone, though they have come into this enterprise on the invitation of this act. of Congress. Now, the resolution before the Senate is to require the SecyNavy to send one of our national ships there to meet this Russian shi, which is already at its post of duty, where it as gone, as the Russian Government supposed, in pursuance of this act of Congress. it seems to me that in a certain senseI do not like to use too strong on expression, butl was going to say the faith of our Government or its honor is pledged to see that we have a national ship to meet the Russian ship which has come there practically on our invitation.
Mr. CONNESS. Now let the letter be read.
The Secretary read, as follows: Sr. Pizrrussuuo. November27, 1885. To Major P. McD. COLLINS:. MY DEAR Sm: The request of the American Union Telegraph Company. soliciting as a new grant the coij cration ofouc of the vesselsof the imperial navy int osurveys tobodonealong the Russianterritories, addressedto his imperial H ighness the Grand Duke Constantine , was forwarded or my approval and de siring to assistyour companyby all the meansin my power, I gave my imme iate consent. I have now the pleasure to inform you that his imperial Mujest the Emperor. has been graciously pleasedto give the order appointing one of the ships now on the Pacific station. the screwcorvetteVariag, to assistyour companyin the works for the construction of the telegraphline that is touniteAmerica with lTl"h)f; 9. particular favor is a new proof of the interest the imperial Governmenttakes in the construction of this important telegraphline and of the desife to fa cilitate asmuchas possible this great undertaking. in order to assistin carrying it to a speedyconclusion. “"isbing very naiurall) to know asmuch aspossible about the proceedingsof the works. Iprolit of this occasion to repeatmy requestofhsendipmnicall lbo details and intelligence concerning this interesting bect. su. Iihlieveme. yours truly. I. TOLSTOY. Misisrsu or Iiirsnui. Posrs nun TSLEGHAPHS. The screw corvette Variag is 2156 tons burden, 360horsepower engines, 17 guns, and 306 men.
Skip Skip The JtResolution was reported to the senate as amended, and the amendments Were concurred in. The amendments were orderengross and the JtResolution to be read the 3rd time. The resolution was read the 3rd time, and passed. A subsequent message from the HoRep, by Mr. McPnnnson, its Clerk, announced that the HoRep had agreed to the amendments of the Senate; and also that the Speaker of the HoRep had signed the enrolled Jtresolution (H.R.No. 75) to encourage and facilitate telegraphic communication between the western an eastern continents; and it was signed by The PRESIDENT protemporeHOUSE BI LL REFERRED. The bill (H.R.No. 321) to amend an act entitled “An act to prevent the spread of foreign diseases among the cattle of the U.S. ” approved December 18, 1865 was read twice by its title, and referred to the ommittec on Agriculture. NOTICE OF A BILL.
Mr. LANE, of Kansas, gave notice of his intention to ask leave to introduce a bill continuing in force until repealed by Congress the present Freedmens Bureau bill. BILLS INTRODUCED
Mr. WADE asked, and by unanimous consent obtained, leave to introducen hill (S.No.159) to amend an act entitled “An act toincor porate the Guardian Society and provide for reforming juvenile offenders in the DistCol, ” and for other pn oses; which was read twice by its title, referre to the ComDistCol, and ordered to be printed.
Mr. WILSON asked, and by unanimous consent obtained leave to introuce a bird resolution (S.R. o. 84) expressive p the grati tude of the nation to the officers, soldiers, and seamen of the U.S.; which was read twice by its title, referred to the ComMilAffrs , and ordered to be printed. PRESIDENCY O! MEXICAN REPUBUIC.
Mr. MCDOUGALL submitted the following resolution, and asked for its present consideration: “Rrsnlved, That the POTUS he requestedto communicate to the Sonata. if in his judgment not inconsistent With the public interest. any correspondenceor other information in possession of the Government with resrnrdto the term of office of President Benito Juarez, of the republic of Mexico, and as to the period when, under the constitution. a popular election in that country should takcnplnce, and of any vote of confidence and extriw inary power:ivento him by the Congressof Mexico.
The PRESIDENT protempo" Objection being made, the resolution lies over under the rule. ADJOURNMENT TO FRIDAY.
Mr. WADE. I understand that toniorrow an oration is to be delivered by the Senfrom Maryland, [Mr. Ciiitswni. i] on the lamented death of our friend, that noble patriot, Henry Winter Davis; and as I presume that many of the Senators would like to attend iIt, move that when the Senate adjourus today, it adjourn to meet on Frida. next. The motion was agree to. REPRESENTATION or sonrnnniv STATES.
The PRESIDENT protempore. The morning hour having expired, it becomes the duty of the Chair to call u the special order.
Mr. FESSENDEL. Imove that the consideration of the special order be postponed. My object in doing so is that we may take up and proceed with the consideration of the concurrent resolution which has come to us from the HoRep this morning.
Mr. BUCKA iEW. Is it not necessary under the rules that that resolution should be referred to a committee?
The PRESIDENT protempon. The motion of the Senfrom Maine is that the special order, which is House JtResolution No. 61, and all prior orders be postponed, and that the Senate proceed to the consideration of the resolution Just received from the HoRep. That motion is in order.
Mr. BUCKALEW. I desire to inquire of the Chair whether the resolution from the HoRep does not, under the rules, require a reference to a committee.
The PRESIDENT a tempore. It does not require a reference. this competent for the Senate to act upon it without a reference, if they shall so determine.
Mr. BUCKAhEW. I call for the yeas and navs on the motion. The eas&nays were ordered.
Mr. DOLITTLE. I desire to state, what may have escaped the recollection of my friendfrom Maine, that the Senfrom Pennsylvania is entitled to the floor on the JtResolution which is the special order, and expected to address the Senate, and therefore It ink it would be better to allow him now to address the senate on that subject.
Mr. FESSENDEN. He will retain the floor whenever its consideration is resumed.
Mr. BUCKAliEW. I wish to say that I do not ask that the special order be iroceeded with at this time on my account. Iliope members will not vote on the question with reference to any idea of that description. I called for the yeas&nays simply because I was o posed to proceeding with the considdution of the House resolution. As to the other question of my having the floor upon a prior measure, I am quite indifferent whether gentlemen vote with reference to that fact or not.
Mr. FESSENDEN. The Senator will retain the floor and will be entitled to it whenever that matter comes u again.
Mr. BUCKALEW. My speech has been corked up so long that I have lost to a great extent the interest which I felt in the matter.
Mr. SHERMAN. My vote on this motion will be controlled entirely by the wishes of the Senfrom Pennsylvania. If having the lloor he has made preparation to speak today, I would not deprive him of that right, although, I think it would be better to take up the House 1 resolution and dispose of it. I suggest, there, fore. that the Senfrom Maine had better allow the Senfrom Pennsylvania to make his speech, and then when that is over, his motion will be in order. I wish to know from the Senfrom Pennsylvania definitely whether he desires to speak this morning or not.
Mr. FESSE DEN. The Senfrom Pennsylvania, asI understand him, has already stated thatit isa matter of indifference to him whether he s aks today or at another time. EliUSHERMAN. I should like him to state distinctly what his reference is.
Mr. BUCKALE. I have said that I am entirely indifferent on that point.
Mr. DIXON. I rise to a question of order. I desire to inquire whether under the 26th rule this resolution must not lie on the table one dav for consideration.
The PRESIDENT protempore It is in order, in the opinion of the Chair, to proceed to the consideration of the resolution. It can, however, receive but one reading today unless by the common consent of the Senate.
Mr. SUMNER. Allow me to ask of the Chair whether a concurrent resolution need be read more than once.
The PRESIDENT protempore The Chair is not yet advised what the character of the resolution is; he has not heard it.
Mr. COWAN. I suggest that the resolution be read. I do not know for my pnrtwhat it is.
The PRESIDENT protempore The restrlution will be read if there be no objection.
The Secretary read the resolution. as follows: Concurrent resolution concerning the insurrectionary States. Be it revolvedbythe HoRep . the Senate concurring.) That in order to close agitation upon it question which seems likely to disturb the action of the Government mswell 6to quiet the uiieer minty which is agitating the minds of the people of the 11 Stateswhich have been declar to be in insurrection, no Senntor or Representative shall be admitted into either branch of Congress from any of said Statesuntil Congress shall have declared such State entitled to such representation.
Mr. COWAN. From the importance of that resolution I think it had better go over and be printed that we may have time to consider it.
The PRESIDENT profarmers. The Chair will suggest that the resolution is not yet before the Senate. It has been read for information. The motion is that the Senate now proceed to its consideration.
Mr. COWAN. That is subject to debate, I resume.
The PRESIDENT protempore. It is so notto debate the merits, however. of the resolution, but to state reasons why, or why not, the Senate should now proceed to its consideration.
Mr. COWAN. Iam notso certain butthatthat is the most important resolution that has ever been offered in this body. I cannot conceive, myself, of anything of more moment than that we should decide upon the spur of the instant that 11 sovereign States of the Union shall be shut out from this bod, without debate and without consideration. t may be that senators have made up their minds to do this; it may be that it has been predetermined; but certainly I think no man who desires the continuance of this Union, no man who holds that this Union depends on the common consent of all its parts, and that it depends, further, upon a yielding by the remote parts of their particular desires and partialities to a certain extent in order to maintain that Union, can contemplate the proposition without apprehension. Mr. presient. after the struggles we have made for the Union, after the sacrifices we have made for it, after the dead have been buried. after the cost has been counted up, are we to determine here solemnly, as the Chicago convention determined, that the war was a failure and the Union cannot be restored? I think that a question of such moment at least deserves the careful, cool, deliberate, calm, dispassionate consideration of this body. Senators will remember how many people have stakes in this resolution, how many people in this country, how many people in all countries, what the hazard may be in suddenly comingto a determination of this kind. I up cal to my friendfrom Maine. I think he certainly would not desire a resolution of this kind to pass without at least that deliberation which becomes wise and prudent and careful men invested here with a high and solcinn trust. I think no man will desire that this resolution be passed through “this body suddenly, in haste, in heat, or without that careful consideration which the mag nitude of the subject deserves; and I would therefore beg that it may go over for this time, and let us read it, think ofit, consider it.
Mr. DIXON. I renew the question of order which I raised, and I beg leave to read to the Chair and the Senate part of the 20th rule, which provides: "And all other resolutions shall lie on the table one day for consideration, and also reports of committees.” Now, sir, I submit whether this resolution is not precisely in the condition of a resolution originallyolieredinthisbody, whichcannoteven be considered the 1st day on which it is offered without unanimous consent.
The PRESIDENT protempore The Chair thinks it is so, but it is not yet offered. After the vote of the Senate, if the vote of the Senate shall be to proceed to its consideration, it will be precisely in the condition of a resolution offered in the Senate, and not till then.
Mr. SAULSBURY. I rise to a point of order at this period of time. I am not much acquainte with the rules of order, but I believe t. at the subjectmatter of this resolution should be placed in the form ofaJtResolution and not of a concurrent resolution, if there be a distinction between them, and under a provision of the constitution " Every order. resolution or vote. to which the concurrenceof the Senate and HoRep may be necessary(exce t on a question of adjournment)shall be presrutct to the POTUS: and beforethe sameshall tnkccffechshall be approved by him, or being disapproved by him shall be repassedby 2/3rds of the Senate and HoRep. accurdin to the rules and limitations prescribedin the case o a bill.” Now, sir, although this resolution is in the form“ Resolved y the HoRep, the Senate concurring”of a concurrent resolution, when the subjectmatter of the resolution is inspected, when we hear it read, we see that it is such as can only be enacted either by a bill or JtResolution. I therefore raise an objection to its reception as a concurrent resolution, on the ground that the subjectmatter of which it treats being the subjectmatter of a JtResolution and not of a concurrent resolution, it cannot be received in this shape, and must be put in the form of a JtResolution.
The PRESIDENT protemporeThe Chair has no difficulty in oveirulin the point oforder. If, after the resolution is dirought before the body, which it is not yet, by a vote of the senate, it should, in their judgment, require any amendment, it will. be competent in them to make such amendments as they deem proper. The Chair thinks the resolution, as coming from the HoRep, is to be received by the Senate; at all events. emotion to procee toits consideration is in order; and until a vote of the Senate brings the resolution before it, the Chair certainly cannot rule it from the Senate on the ground that it is informal in its terms.
Mr. DOOLITTLE. With me the question of time, or when this resolution is to be taken up, is not material, and on that subject, as a matter of course, I have no objection to its coming up now or at any other time. But according to my recollection of the langun e of the resolution from its reading at. the esk, there is a clause in it legislative in its character, binding not only upon this Congress, but binding upon any succeeding Congress, and of necesslty the resolution must, if it passes at all, take the form of a JtResolution or of a law of Congress. We cannot by a concurrent resolution in my judgment, undertake to carry out. what is there declared. I do not rise to discuss the question now, for that would be going into the merits of the resolution and might be out of order.
Mr. SHERMAN. It is only proposed to take it u now, and then it will go over.
Mr. DOOIJTTIJS. If it is understood that as soon as it is taken up it will go over, I have nothing to say.
Mr. JOHbSON. I understood the proposition of the honorable Senfrom Maine to be that we take the resolution up; but it is not his purpose to have a discussion on it now, and still less his purpose to ask fora decision upon it. My understanding of the ruleand I am glad that I am confirmed in its correctness by the Chairis that it may be taken up now, but whether it can be considered when it is taken up until the expiration of aday, under the rule, is what I rose to suggest to the honorable member. The Chair, I understand, says that if the Senate agree to take it up and an objection should then be made to its immediate consideration it will o over until tomorrow. The presiENT protemporc. The Chair is of the opinion that if the Senate should vote to proceed to the consideration of the resolution, it will then stand under the 26th rule, subect to the objection of any Senator to being considered today.
Mr. JOHNSON. So I understood; and I supposed that was the view of the honorable member from Maine.
Mr. FESSENDEN. My view is simply this: I am aware of the rule. I suppose the rule to be that anyone objection can preventits 2nd reading today, if it requires a 2nd reading. It is a concurrent resolution, and I suppose it might come within the terms of the rule. That I do not know. But unless Iam prevented by the rules of the Senate, I shall ask the Senate to proceed with its consideration. If I am, I shall ask simply to have the earliest day as signed for the consideration of the resolution.
Mr. JOHNSON. As you are, in the opinion of the Chair, prevented by the rules of the senate from consndering it today, there is nothing to be discussed.
Mr. JOHNSON. So I understan. Now, as to the consideration of the resolution, either at this time or at any other time when it may suit the Senate to consider it, I have no possibleobjection. The resolution itself has come to my knowledge today for the 1st time, not owmg to an fault on the part of the committee, of which I appen to be a member, but from the circumstance of my not having been in the city at the time when the committee were deliberating on the propriety of the resolution. It has, I confess, somewhat taken me by surprise; and as I may deem it necessary, after caring the honorable member from Maine, or those who think such a resolution should be passed, to address the Senate upon the subject, am sure the Senate would not hasten. a vote upon the question until we should all of us have an Opportunity to form and to express, if we shouldeem it necessary, our opinion upon the subject. The Senfrom nine, I am sure, is the last man who would seek to arrest debate upon a question which he has correctly stated to be one of transcendent importance. Why it is important, how it is important, what. may be its etfect if adopted, or its effect if rejected, are matters about which I desire time for reflection, and I am satisfied that the Senfrom Maine would not, even if he had the power, take from any Senator upon this floor the time which he might honestly and sincerely think necessary to enable him to discuss it understandingly.
Mr. BUCKALEW. I hope the vote will be taken on this subject without further debate. If the consideration of the constitutional amendment is to be proceeded with today, I do not desire to he pushed over into the latter portion of the session.
Mr. GRIMES. Let us take the vote on taking up this resolution, and then you can go on with your speech.
Mr. BUCKALEW. I hope there will be no further debate, and that we shall take up the resolution to amend the constitution.
The PRESIDENT protempore The Chair will put the question the moment debate ceases.
Mr. DAVIS. I understand that the resolution here offered is treated by the Chair under the rules, and in my judgment correctly, as a simple resolution otiered to the Senate. We have that matter acted upon every day prac tically. The Chair announces, “Resolutions are now in order.” A gentleman gets up and offers a resolution. Objection is made to it, and the objection throws it over, as a matter of course, under the 9JSth rule. Calling this a concurrent resolution gives itno other effect than it would have it offered simply as a resolution of the Senate. That language is adopted, I suppose, with a view to some result; it is not necessary to state it; but I think the Chair correctly suggests that this is a resolution offered in the Senate and is to be treated as a Senate resolution, and whenever it is offered to the Senate, an objection by any Senator throws over its consideration for a day.
Mr. DI. ON. The Senate will remember that the honorable Senfrom Maine stated to the Senate that his object was to have imme diate action upon this resolution unless some rule of the Senate should prevent it. Now, the Senfrom Illinois asks, what do we desire? What do we want? Why this eager anxiety to prevent immediate action upon the resolution? Sir, this is not the case of an ordinary bill or resolution from the HoRep, coming here to be considered and referred by general consent. It is a very different case from that. Here is a very important measure. certainly Senators ought to have the privilege of readin it.
Mr. DIXON. Before it is considered. at did I do? When the motion was under consideration to act upon it at once, and 2 or 3 speeches had been made, I barely called the attention of the Chair to the 20th rule partly to prevent the consumption oftime and now the Senator says, why scent this danger in advance as if something very uncommon had been done? Why, sir, in my judgment, with deference to the Chair, whenever bills or resolutions come from the HoRep and are acted upon at once by the Senate, it is by general consent. I of course am mistaken il the Chair differs from me, but by my reading of this rule the Senate cannot act on a resolution of any description in any manner on the 1st day on which it is presented. If the Senfrom Illinois presents aresolution and asks immediate action upon it, what do we do in such a case? We read it for information. The Senate will not even allow it to be read except for inforrmtion; and why? Because this rule provides that all resolutions shall lie on the talile one day for consideration. I supposed that that rule aplied to this resolution. of course I am wrongiFI ditTer from the Chair, but my only object was to have the rule of the Senate enforced.
Mr. HENDRICKS. I believe there is no question before the body except that this resolution shall be taken up and then laid aside. Several Snxarous. That is all.
Mr. FESSENDEN. Itwill not be laid aside unless the rules require it.
Mr. HENDRIChS. This is a very interesting proceeding. We propose to take it up and then la it down. Now, suppose we do it. The PRESIDENTprotempers. Is the senate read for the question?
Mr. FESSEN D N. The yeas&nays have. been ordered. Several Ssxnrons. Let the call be with drawn.
Mr. BUCKALEW. I withdraw the call for the eas&nays.
TePRESIDENT protempore. It can only be withdrawn by common consent, the yeas&nays having been ordered. The Chair bears no objection. The question is on proceeding to the consideration of the resolution named. The motion was agreed to.
The President protempore.lution is before the Senate.
Mr. DIXON. I now submit to the Chair that under the 26th rule, which provides that all other resolutions exce at those specified shall lie on the table for one ay for consideration, this resolution cannot be acted upon without unanimous consent.
The PRESIDENT protempore. That is the opinion of the Chair.?
Mr. CLARK. I hope the Senfrom Connecticut than The reso will not object to an order to print the resolution.
Mr. FESSENDEN. I o not understand whether the Senfrom Connecticut objects to the consideration of the resolution or not.
Mr. FESSENDEN. ery well, then; if, under the ruling of the Chair, it must go over, I move that it be made the special order for Friday next at one oclock.
The PRESIDENT protemporeThe Chair thinks that a motion on the resolution cannot be entertained. An objection to it carries it over, and to fix a day for its consideration is considering the resolution.
Mr. FESSEXDEN. Then I give notice that I shall call it n on Friday at one oclock.
The PRESIDENT protempore The resolution goes over under the rule. PRESERVATION OF ORDER IN THE GALLERY.
Mr. SHERMAN. With the consent of the Senfrom Pennsylvania, [Mr. BECKLEW] who I believe is entitled the floor, I desire to olier a resolution to promote the order of the State, to which I hope there will be no objection. If there is objection to it as a matter of course it will go over: Received, That the SergeantntArms is hereby instructed to arrest, without further order. any person who by applause or dissent in the gallery shall disturb the order of the Senate. There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN. I simpl desireto saythat I have noticed that the distnrance of the order of the Senate is generally started by one or 2 persons, and that we have put a great many orderly citizens to inconvenience by clearing the galleries. My own impression is that the messengers in charge of the different doors can Very easily arrest. any disturbance in the galleries by observing this resolution and arresting the 1st person who commits a violation of or der and ringing him to the bar of the Senate.
Mr. GRIMES. You do not state in the resolution what he shall do with him.
Mr. SHERMAN. That must be subject to the order of the Senate.
Mr. GRIMES. Why not say so in the resolution, that the SergeantatArms shall hold the person arrested subject to the order of the Senate?
Mr. SHERMAN. If he arrests him, as a matter of course he will hold him subject to the orders of the Senate.
Mr. CLARK. You had better put it in the resolution.
Mr. SHERMAN. I have no objection to any amendment that will carry out the desired object.
Mr. GRIMES. I move to amend the resotion by addin the words, ” and hold him subject to the or or of the Senate.”
The PRESIDENT protempore The Chair understands that the Senfrom Ohio assents to the amendment. The resolution is under his control, and that amendment will be made.
Mr. CLARK. I approve of the object of this resolution, but I think this whole matter onght to be under the control of the Presiding Officer, and that he should direct the Sergeant atArms when to make the arrest. It is the duty of the Presiding Officer to reserve the order of the Senate, and if it ist o sense of the Senate. as expressed in this resolution, that “heshould do it in this way, he would undoubt idly do it, and that would be the properway of them it. Mi}. SHERMAN. The Presiding Oficer of the Senate is not always in the chair. Different Senators occupy the chair during the day, and it is not their business to attend to this matter. I think it had better be left to the SergeantatArms, who is cha d with the duty of preserving the order of the Senate. Hehas messengers and:1 nts scattered in different parts of the building, and they can promptly and readily, without awaiting the order of the Presiding Officer, arrest any person making a disturbance. It will always be in the power of the Senate to control the whole matter.
Mr. CLARK. I suggest to the Senfrom Ohio that the SergeantatArme is much more frequentl absent than the Presiding officer, and it will not do to leave the messengers at the doors to arrest anybody the choose. I should not like to do that. Let the presiding Ofli cer give instructions to do it when it is done.
Mr. SHERMAN. There is no danger of abuse under this resolution, because the person arrested would be at once brought to the bar of the Senate, and we would dispose of the matter romptl. No persons rights will be affected byit. he ScrgeantatArms acts through his deputies, and any person authorized to do so by the SergeantatArms would be authorized to make arrests. He would act, as a matter of course, through his doorkecpers and messengers. The person arrested would be brought to the bar of the Senate. I do not believe, myself, that there will be any necessity for making arrests. itizens who come here to listen to our debates ought to he warned that if they violate the order of the Senate, especially after the repeated violations we have had here lately, they are liable to be arrested, and to be held subject to the order of the Senate. I submitted the resolution after I drew it up to several Senators, and they made no objection to it, and I hope, there. fore it will be a pted.
Mr. GRIMES. I concur with the Senfrom Ohio that this authority ought to be vested in the SergeantatArms, who can place his various officers at the several doors. A recent major general, one of the bravest in our Army, was to ling me about his being turned out of the gallery here one day this week, when there were only 8 or 10 who made any disturb ance, some of whom cheered, and some hissed. He was listening very patiently to a speech that was being made. He referred the messenger to one man, and said to him, “There is a man that cheered, and there is another one that hissed, take them, and let me sit here; I have not disturbed anybody.” In such cases as that, the SergeantntArms, or his deputies, ought to arrest those men and bring them before the Senate, and let the other persons who have been quiet, and come here or the purpose of listening to the debates, remain. the president of the Senate cannot specify these particular men who are thus disturbing the pence of the Senate, and before he can issue orders to the SergeantatArms to arrest them, they will have escaped, or passed from his observation. The resolution was adopted. APPORTIONMENT OF REPRESENTATION.
Mr. BUCKALEW. I move that the Senate resume the consideration of the jtResolution proposing to amend the constitution. he motion was agreed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H. It. No. 61) proposing to amend the constitution of the U.S.
Mr. SUMNER, With the indulgence of the Senfrom Pennsylvania, I should like to say that there is important public business in executive session which ought to be acted on today. I shall not make the motion now, of course, while the Senator has the floor, but I give notice that I hope the Senate will allow me to move an executive session as soon as the Senfrom Pennsylvania has finished his speech.
Mr. ANTHONY. I wish to make a single remark upon one point of the speech to which we havejust listened. if I hathe question to reply to such presump a speech, I certainly should not attempt it at this hour. I always listen with pain to any remarks of a sectional character or calculated to array the presumed interests of one section of the country against those of an other, and the more so when the appear in a speech which evinces such carefulstudy and so much ability as that to which we havejust list ened. But the single point to which I wish to call the attention of the Senateis the reference which the Senfrom Pennsylvania has made to organization of the committees of this body. Those remarks we have almost every year, and always in the newspapers, after the announcement of their organization. Promotion upon the committees in this body is very much as it is in the Army and Navy. Whether that be a good rule or not, I do not pretend to say; but the rule is, and the practice of the Senate is, that whenever a Senator enters this body heis assigned to some committee, and no other Sen ator of the same party, as a general rule, is assigned over his head upon t t committee, but every other Senator of the same party comes in after him, and whenever, by vacancies in the places above him. he is the senior Senator of the dominant partv upon that. committee, he is made chairman of it. It is according to thatrule that the chairmen of all the committees have with very few exce lions been a pointed. When I 1st entere this body NewEngland had not a single chairmanship.
Mr. BUCKALEW. The Senator will per mit me to interrupt him. In former timcsI understand it was complained that the South monopolized these positions. The only thing that is now.to he complained of is that the East has inherited her position.
Mr. ANTHONY. l he South monopolized the committees by precisely the same rule that the Senator complains of now. When I entered this body, sav, there was not a single chairman from NewEngland. There was not one from NewYork, although NewYork was then represented with very great ability, as she is now. The present SecyState was then a Senator upon this floor from the State of NewYork. O was not made chairman of any committee. but both he and the present Chief Justice of the Supreme Court, representing the cat State of Ohio in this be y, were excluded from all committees on the ground that they did not belong to “healthy” organizations. That was the rule that prevailed when the friends of the Senfrom Pennsylvania were in power and how was the State of Pennsylvania treated then Y The same banner of the Patent Office was borne aloft then by the redecessor of the Senator who bears it now. be same chairmanship was assigned to the State of Pennsylvania t on as is assigned to it now. The State of Illinois had no chairman ship, though she was represented certainly by lwail 11; "Kl {I metronome semesters aw. 2 of the ablest men upon the respective sides of this Chamber.
Mr. FESSENDEN. Mr. Douglas was chairman of the ComTerritor.
Mr. ANTHONY. Not when I came here he had been left off then and yet the small State of Florida, smaller than RhdIsland in point of population, had the important osts of chairman of the Committees on Nara Affairs and on Postoffices.
Mr. FESSENDEN. I wish to make an explanation of one fact to show how the power of NewEngland over the formation of the committees 18 exemplified. I have been for some years chairman of the ComFinance, and I succeeded to that dignity from the fact that I was the oldest member who was left upon it of the party that came into power a few years since. It so happened in the re— cess of time that the honorable Senfrom NewHampshire, who sits before me, [Mr.,Ci. utx,] was selected 11 on the same committee; and a most valuable member he was.
Mr. FESSENDEN. Everybody who knew him knew he would be. It was considered that it was too much altogether for NewEngland to hold such a power in the Committee 11 Finance; it would not do to have 2 from NewEngland; and therefore my friend (instead of myse f. who ought to have been turned 05 instead of him,) was turned oilthat committee and sent somewhere else. So far did the jeal ousy go with reference to that ipatter. that in lw st or at the" it". 81“ ticular time there was but one man left on the committee east of the mountains; I was the only man; and the other 6 came from other sections of the country. The body would not allow any man except myself to go on the committee from NewEngland, and I suppose the reason was in order to preserve the balance of power. Now, the Senfrom Iennsylvania sees, lookin at that, that NewEngland does not centre the formation of the committees. It may be unfortunate for the country that several of us have been here so long that we succeed by a sort of natural order to these places; but it is very easy for the Senate to correct that injustice and impropriety, if it be such, at any time, and certainly nobody will submit to it with better grace than I will.
Mr. BUCKALEW. The Senator will ob serve, from what I said, that I am rather in favor of gentlemen continuin here for long periods O time. I only think that equality an justice would be consulted by a distribution which would bring some of these veteran members from other sections.
Mr. FESSENDEN. The Senator cannot have it otherwise, for he is aware that the constitution has provided for that particular matter of Senators, and so provided for it that it cannot be changed; it is unchangeable without the consent of the States themselves. He is also aware that when equality of representation was secured to the States in the Senate, it was with a perfect knowledge that it was and must be unequal in its very nature. It was so ar ranged so that the Senate should represent the States and not the people, and to prevent the rent States like Pennsylvania and NewYork from overpowering the little ones like Maine and others.
Mr. BUCKALEW. Yes, Mr. President, but the Senator introduces an amendment here to change the Constitution, and hence arose this very in uir.
Mr. (lFESSENDEN. Not in relation to Senators.
Mr. BUCKALEW. No, sir; butin relation to Representatives, where the change will be advantaglpous to his own section, and I am puttin the argument home to him in turn.
Mr. SUMNER. The Senfrom Nevada having the floor, will he give way to me to move an executive session?
Mr. NYE. Yes, sir. sxeourrvs snssros. On motion of
Mr. SUMNER, the Sonata proceeded to the consideration of executive husiness; and after some time spent therein the doprs were reopened, and the Senate adjourne.
###HOUSE OF REPRESENTATIVES. Wnnsnsnn. February 21, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bomou. The readm of the Journal of yesterday was commenced, at was interru ted by Mr. UPSON, who movedp that the further readin of the Jaurnal be dispensed with.
The SPEAKER. It requiresunauimous consent to dispense with the reading. as a rule of the House requires that the Journal shall be ten.
Mr. BANKS. I think the reading of the Journal ought never to be omitted.
Mr. VASHBUltNE, of Illinois. I think the Journal ought to be read.
The SPEAKER. Objection being made to dis easing with it, the reading of the Journal wilIbe concluded. The Clerk resumed and concluded the read ing. RECONSTRUCTION.
The SPEAKER. The pending question is on the motion made just previous to the ad ournmcat yesterday by e Gentfrom Pennsylvania [Mr. Srsvnxs] to reconsider the vote by which the House agreed to the concurrent resolution reported from the JtCommee of 15. On that quetion the Gentfrom Pennsylvania is entitled to the floor. The resolution is as follows: Concurrent resolution egacarninltheinsumotioaary 68. Be it revolvedby the hoRep (tho Senate concurring.) That in order to close agitation upon a qllllcoilfiwll hich seemslikely todisturb the action oft. o Government, a.swollas toquiet the uncer aint. which is agitating the minds of the peopleof in O even States which have been declared to be in isurrectlon. no Senator or Representative shall he mitted into either branch of Congress from any of lStates until Congress shall have declared such rte entitled to such representation.
Mr. GARFIELD. Iask the Gentfrom Pennsylvania to give way to me for a moment, shat I may have a paper read at the Clerks es.
The SPEAKER. Does the Gentfrom Pennsylvania yield for that purpose?.
The Clerk read the following telegraphic message: Commune. Ouio. February 20.1866.10 p.m. To Hon. Janis A. GARFIELD: The Union caucusof the Ohio Legislature has just adopted unanimously. without debate,the following resolution:. Resolved.That in the action of the Union Repro sontative s in Congresswe recognizean exposition of our principles that made us a party and saved our country through the late rebellion: and wenowtender such Representativesour hearty support. J. M. COMBY.
Mr. STEVENS. Mr. Speaker. has the pre vious question exhausted itself on the resolution now before the House?
Mr. STEVENS. Then I call the previous question.
Mr. SHELLABARGER. Iask the consent of the gentleman to allow me to introduce and have referred Jtresolutions of the Legislature of Ohio.
Mr. STEVENS. My friend had better wait till this vote shall be taken.
Skip Skip The previous question was 2nded, and the main question ordered; which. was upon the mtRtv the House had agreed to the concurrent resolution. Mr. STEVENS. I move that the motion to reconsider be laid on the table. Mr. FINCK. I demand the yeas&nays. Mr. STEVENS. Isupposethe yeas&nays on this question will) of the same as on the adoption of the resolution. Mr. CONKLING. Yes, sirbut we had better take the you&nays, because there are some gentlemen here who wantto put themselves on the record. The yeas&nays were ordered. The (gliliestion was taken; and it was decided in the a rmative—yeas 108, nays 38, not voting 37 So the motion to reconsider was laid on the table. During the call of the roll, Mr. BRANDEGEE stated that Mr. BLOW was detained at home yesterday and today by sickness. Mr. ONEILL stated that Mr. MYERS was detained from his seat by indisposition. The result was announced as above stated. ADJOURNMENT TILL FRIDAY.
Mr. STEVENS. I move that when the House adjourns today, it adjourn to meet on Friday next.
Mr. WASHBURNE, of Illinois. Will the gentleman crmit me to make a suggestion?
Mr. WASHBURNE. of Illinois. The House has been in the habit of assigning Saturday of each week to general debate on the Presidents message. Now, sir, I understand that there are some 70 members who want to speak on that subject. I therefore suggest that both Fri day and Saturday of this week be devoted to general debate.
Mr. MORRILL. I hope not. Mr. Speaker. There is a great deal of important business that demands immediate attention. I hope that we gliall not devote so much time to general de ate.
Mr. STEVENS. I have no objection to the suggestion of the Gentfrom Illinois, if the House is disposed to agree to it.
Mr. WASHBU RNE, ofIllinois. It requires unanimous consent; and if there is any objection I will not ress the matter.
The SPEAKER. The question is upon the motion of the Gentfrom Pennsylvania [Mr. STEVENS] that when the House adjourns, it adjourn to meet on Friday next. The motion was agreed to. ORDER. OF BUSINESS.
Mr. STEVENS. I rise now to move that the House proceed to the consideration of an appropriation bill
Mr. DAWES. Will the gentleman yield to me for a suggestion?
Mr. DAWES. When the report of the committee of electionsin the case of Washburnvs. Voorliecs was presented the other day, it was stated that the case would bocalled up today. It was originall arranged by the ComElections that tecase should be called 11 tomorrow, the fact being overlooked that t iere would be no meeting of the House tomorrow. It is necessary for the committee to have this case disposed of this week; and as it will take no more time today than on any o1her day, I hope the Gentfrom Pennsylvania will consent to yield to me, that this case may be disposed of. I will assure the House that, so far as I am concerned, I will consume but very little time.
Mr. STEVENS. I feel that thesea propriation bills ought to be passed; but cannot refuse a re nest of this ind.
Mr. WASHBURNE, of Illinois. I ask the gentleman to yield to me so that I may have some communications read; and I desire also to make a statement in regard to a resolution passed on Monday last under a suspension of the rules.
Mr. DAWES. As the Gentfrom Pennsylvania does not propose to go on with the appropriation bills, I will call up the Indiana contested election case.
Mr. STEVENS. I yield to the Gentfrom Massachusetts. As there are 11 States absent who cannot legislate on this subject of the appropriation bills and as it seriously nilect them, I Eropose to postpone them to a future day. [ aughter.] WAR DEBTS of LOYAL STATE.
Mr. BLAINE. I ask unanimous consent to submit the followin resolution for reference to the ComPrinting: Raulved, That there be printed for the use of the House 5,000 extra copiesof the report of tbo comWarDebtso f the loyal Statg, with the bill accompanying the same.
Mr. HARDING, of Illinois. I object. Subsequentl liltHXRDI G, of Illinois, said: Mr. Speak er, I am inclined to oppose the reimbursement of these war debts, but I see no objection to this preposition to print. Itherefore withdraw my objection to the introduction of the resolution.
The SPEAKER. There being no objection to the introduction of the resolution. it will be referred, under the law, to the ComPrintg. DISTILLED srInIrs.
Mr. HOOPER, of Massachusetts. I am instructed unanimously by the ComWays&Means to ask leave to report the following resolution: Remlved. That it is the senseof this House that it is ine xpodient to make any changein the exciseduty on distilled spirits.
Mr. ELDRIDGE. I object. DEPTAL PRINTING.
Mr. LAFLIN, by unanimous consent, sub mitted the following resolution: Resolved.That the Secretariesof the different Depts be directed to inform this House thocost of paper, printing and advertisements for said Deptsfor the year 1866.
Mr. WASHBURNE, of Illinois. I hope that will pass in some shape; but I suggest to the chairman of the ComPrintg whether it ought not to go to the Superintendent of Pub lic Printing, who has more specific information than the committee, as he has of course kept an account with each Dept.
Mr. LAFLIN. We have in the report of the Superintendent an account of all printing done at the Public Printin Office.
Mr. WASHBURN. of Illinois. This, then, is in reference to outside printing.
Mr. LAFLIN. Then, sir, I hope the resolution will ass.
Mr. STEVENS. We?ght to know what it has costto,rint ardonso rebels. [Laughter]
The SPEAKER suggested the resolution ought to be modified so as to say “directed” instead of “re nested.”
Mr. LAFLIN modified his resolution accord in l. Ide resolution, as modified, wasthen adopted.
Mr. DAWES. I ask that the resolutions be read. iI
The Clerk read, as follows: Resoloed, Thatflon, Daniel W. Voorhees is not {Qfltled to amt infthis House as a Benrusntative m the 7th district of Indianam the 39th Congress. 7lember]. That Henry D.Waehbum is entitled to a not in this House as a flepruwtative from the sov th congressionaldistnct of Indiana in the 39th Congress.
Mr. MARSHALL. Mr. Speaker, I wish to to the chairman of the Committee of Elec cons, and through him to the House, that the ews of the minority were only submitted yes. terda, and I did not know they were printed inntil was informed just now by the chairman himself. Idid not expect this case would be. ealled u today; but on the contrar my understaning was it would not be calle up until Friday. I would much prefer the case should stand over until then, so that. members may have an opportunity to carefully examine the reports an vote understandingly. It is a case 0 considerable importance; and I am satisfied, at least such ought to be the fact, the members. ot the House desire to do justice. The sitting member is not now in his seat; and I do not believe he understood it was to be called up this morning.
Mr. DAWES. I am desirous to accommodate my friend and colleagucon the committee. I am aware it has been a short time since the report was submitted. The reasons why I have called it up now are known to the Gentfrom Illinois. We shall have ony one day more this week. I do not feel like pressing the gentleman, provided there is an understanding we can cagl it u immediately after the reading of the Journa on Friday next. I am under the necessity, as my friend and eol league kngws, of leaving the city on Friday evening. I should be glad to surrender this i case to the committee. I have no doubt if some other member had made the report there would be no objection to it; but I must go on with it, as I have undertaken charge ofitv
Mr. MARSHALL. In answer to that I will merely state that I do not know what number of gentlemen desire to speak on the case, and I have no authority to make any arrangement in regard to the closing of debate. Of course that will be within the power of the chairman and his friends. I thin this is a case of considerable importance, and it ought to be fully understood y the House before we are called upon to vote a on it.,
Mr. WASHBURNE, of Illinois. I am compelled to object to the vote being taken on Fri a, because I may be absent on that day, and I desire to be here when the vote is taken.
Mr. VOORHEEo. Mr. Speaker, I have just come into the House and I rise simplyto ask what the order of debate is to be, a who can pects to discuss the question over there, and to what extent the privilege of debate is to be allowed by the Gentfrom Massachusetts before he calls t previoas question.
Mr. DAWES. lpdo not know exactly what tny friend means by “over there." I take it he means on this side of the House. 4"
Mr. VOORHEES. I know what I mean by “over there.”
Mr. DAWES. I do not doubt but what the g cman himself knew what he meant. I only an ested that I did not know. this of course my intention not to abridge debate upon such a question as this, so long as the debate is kept within reasonable limits, and I trust. that no man will find me attempting to Bbridge debate upon the right of agentleman to his seat here in this House so long as he or anybody in his behalf meets and discusses the real question at issue.
Mr. VOORHEES. from Massachusetts I; well answer my question at once. He has the power to let us know what he poses to do. If” and “if,” and “so” an “so,” &c., do not answer my question. I aim ly want to know when he desires to close the shots upon this case.
Mr. DAWES. If the Speaker will request the Gentfrom Indiana [Mr. Vooannss] to repeat the question, I will endeavor to an swer it.
Mr. VOORHEES. All I want to know is when the Gentfrom Massachusetts expects to close this debate.
Mr. DAWES. I have not fixed upon any time at all in my mind in reference to closing this debate.
Mr. DAWES. I hope to have it closed to day, of course.
Mr. VOORHEES. The reason I ask the ignestion I will state. I never trifle with the case or with anybody else. I never saw the report of the committee in this case until last night, as the Gentfrom Massachusetts well known. I simply desire to know whether I am to speak this afternoon or whether I am to be allowed until tomorrow. If it is deter mined that I must speak this afternoon, I am ready. I simply want to know what the pro rnrnc is; that is all.
Mr. DAWES. lfthe gentleman is ready to speak this afternoon, it is hardly necessary for him to catechise me in this way. The gentle laa to the House that he iaready Isu pose the gentleman Mr Ihwss] can just as at any time. Then why does he catechise me in this way? I shall endeavor to treat him and all the members of the House with the utmost liberality in this matter. If the gentleman has any particular object in this interrogatory to me now, if he will suggest what it is, may be able to satisfy him.
Mr. VOOItHEES. I am as ready now, as a man can be. with no more ability than I have, who has only had since last night to look over this report. lam in the power of the majority of this House. The Gentfrom assachusetts, [Mr. Dawes, as the chairman of the ComElections, has the control of this procedure. It is not a question whether I de sire longer time or not, but whether I shall meet what is inevitable, and that is something which I never shrank from and never expect to. That is what I meant when I said I was ready to speak this afternoon, if the gentleman aspects to press this matter to a vote this after noon.
Mr. THAYER. I desire to ask the chair man of the committee for some explanation in regard to the computation of votes which I find on page 10 of the majority report. I perceive by the table which is there printed, that it pro ceeds upon a calculation founded, in the 1st instance, on the rejection of the entire vote from the townships of Hamilton and Riley, but that there are subsequently added to the computation the votes which were proven to have been cast for one of the candidates.
Mr. ASHLEY, of Ohio. For both candidates.
Mr.THAYER. For both of the candidates. I desire to ask the chairman of the committee upon what principle the committee proceed, when they find that a return was so fraudulent that no reliance whatever can be placed it on it, to make a new return out of votes which are proven to have been cast, or in other words, to enter into a new election, discarding entirely the official returns? I do not know what may have been the rule in regard to contested elections in this House, but my understanding as a lawyer upon this subject is, that when you discredit an official return to such an extent that you show that no reliance whatever can be placed upon it, you must discard entirely the township or precinct from which a return of that character proceeds, and that you cannot, after discarding the re turn. attempt to make up a new election by proving how man votes were cast for eitherof the candidates. may be mistaken in my view, but I would like to hear the chairman of the committee on that point.
Mr. DAWES. I tried tomake myself under stood npon that point as I proceeded, but I see I failed. It is true that when you find a return in such a condition, so tainted with fraud, it must be set aside, but the return only purports to be evidence of the number of votes cast; it is that evidence which the statute for convenience sake has provided; that evidence is shown to be false, at it does not follow that it is all the evidence that exists in the world; it is only that the machinery of the statute which, for convenience sake was provided to produce this evidence, has failed; at then it is always the rule to find out by some other evidence—2ndary if you cannot get rimary — every voter you can, to the end that tevoters may not be disfranchised because of the fraud of the judges of the election.
Mr. THAYER. That is the precise point Amt AMI dosirethogentlenaa, ithe can, to : give us an authority, because I will state frankly that my clear impression as a matter of law upon that point is, thatwhere you throw out the otiicial return ofu township for fraud, you cannot show aliunde what the real state of the vote was, but you must discard that township entirely in arriving at the result, and if that kind of fraud pervades the district to such an extent as to render the result totally uncertain, you must order a new election.
Mr. DAWES. Let me discuss this question with the Gentfrom Pennsylvania. You discard the official return. What is the oliicial return made for i What is the object of it P It is only a method adopted by the statute of ascertaining something for convenience sake, namely, of ascertaining how many men voted at that poll. But if, on account of fraud. you have to set it aside, I never heard before that you could not resort to some other evidence to show what was the actual bohaftde vote at that all. The books of contested elections are just as full of authorities as they are of cases of this kind.
Mr. THAYER. Can the gentleman cite any case 1.
Mr. DAWES. I refer the gentleman to a case in which I had his aid—the case of Knox as. Blair; In that case return after return was set aside, and the parties s ent days and weeks, (in the one side and on the other, in proving how many votes were actually olled, because the statute evidence had been one away with. They went at it themselves, the one side and the other; and so did we here. The parties acted upon what they supposed was the law— and in that the committee agreed with them— that if you can set aside the return, each party is thrown back upon such other evidence as he can get. Take the case of Blair vs. Barrett, where the sitting member was the contestant in the other case I havementioned. The party went upon that principle in carrying on the case, and the whole committee aed that that was the cor rect rule of law. l be sitting member accepted that as the law, and both parties acted upon it. I have yet to learn of an election case in which that was not the law, and my friendfrom Pennsylvania [Mr. Tunrsa] will permit me to say at it is in accordance with what I think is just and right. I think it is the rule which the committee follows, and which should be the rule for this House, to follow every honest vote as long as you can follow it until ou find it and find for whom it. was cast, an thus give the right man the full benefit of it. In that wayno mere formality. no mere nonconformity to the requirements of the law on the part of the oliicers of the 011in excluding a ballot shall work the forfeiture of the right of the voter. I refer the Gentfrom Pennsylvania to the Digest of Infectious passim for illustrations to that rule.
Mr. THAYER. That is a very convenient kind of reference, of course, but not a very satisfactory one. A reference passim is no ref erence at all.
Mr. DAWES. Allow me to explain that word passim. When a gentleman interrogates me upon the floor, he certainly does not expect me to run to the Library and get the book and give him the pay 0.
Mr. THAYER. o, sir. But the gentleman will allow me to say that I have such great confidence in his experience upon this subject that I supposed he must have consulted some authorities upon such a point as this.
Mr. KELLEY. If my colleague [Mr. THAYER] will allow me to interrupt him before he. proceeds with his remarks, I will say thatI think the rule enforced here is the rule adopted in our Pennsylvania courts in such cases. I suggest to my colleague whether this rule was not acted upon in the somewhat celebrated districtattorney case in Philadel bin?
Mr. DAWES. The case of ann vs. Cas sir v
Mr. KELLEY. No, sir; the case before “that, of Reed 0:. Knoass. The returns from the 4th tward in that case having been utterly condemned, the court sat for weeks taking testimony upon the single point of how many votes were cast, and how each citizen cast his vote, so that the election should not be set aside because a fraud had been perpe trated in one or more election recincts.
Mr. DAWES. The mises of teed ca. Kneass and Mann cs. Cassidy are cases in courts of law that take the same position I have suggested.
Mr. THAYER. I do not think that point was decided in the case of Mann cs. Cussidy, or in any other Pennsylvania case. I am per fectly aware that when you are investigatin an election case, you may correct and amend an election return to the precise extent of your ability to do so. If you prove that fraudulent votes were cast, you may insist upon the de duction of those votes from the election return. If you prove that incompetent votes were cost, you may deduct them from the return. You may deduct every vote that was unlawfully or improperly cast, and you may add to the re turn such votes as were fraudulently or improperly omitted. But you must still adopt the return as your standard; you must adopt that as the starting pointin your computation. If, however, you rul)e out the return entirely, and say that it is of no force or validity whatever, that there is in point of fact and law no oliicial return from a particular township or precinct, then I have yet to learn that any such principle of law has been established as that which is contended for—that you may make a return by calling voters to prove that they voted for A or B. As long as you have any portion of a return to start from and to cor rect, you may call witnesses, in order to cor rect, to add to, or subtract from that official return. But when you throw out the return entirely and say that there is no otheial return whatever from a particular township or dis trict. I deny that you can make a new return by calling witnesses to prove the number of persons who voted for A or the number of persons who voted for B. I have yet to see an authority that sustains such a position.
Mr. DAWES. Mr. Speaker, I have the highest respect for the legal acumen and learning of my distinguished friendfrom Pennsyl vania, and ifI supposed him to be now stating this doctrine after an examination of the books I should have,roat doubt of the soundness of the position which I have taken, butI feel so well assured that my friend is speakin from his im ressions rather than from the boo s that he will excuse me if I express some surprise that he s caks with so much confidence on the point. fIhave any knowledge of the rule adopted in contested election cases in this House or in courts of law, so far as my exe rience and readin have gone, I must say that my friend is mista en. Now, Mr. Speaker, if any gentleman desires to debate the case I yield the floor, otherwise I will call the p leViOllS question.
Mr. MARS} ALL. Mr. Speaker, Iain taken at great disadvantage in being compelled to discuss this question today. Since these pa— pers were ordered to be printed. members of this House who wish to vote understnndingly upon a question of such grave importance have had no opportunity to inform themselves in ref erence to the facts orissues involved. I know that I have had no opportunity to acquaint myself properly with the point to be discussed here today. I do hope that no vote will be ressed upon this case until members shall have ad an opportunity to read the views of the minority as presented in their report. I am told by several members that they are unable this morning to obtain that report, and that but very few copies have been sent to the House for distribution. Now, I do insist at the out set that upon an important question like this, involving the right of a member to his seat upon this floor, and the right of the peeple of a conssional district to be properly represented. it would be—I do not desire to, use any offensive language win outrage to call upon members to vote when they have had no opportunity to understand properlythe evidence and its bearings. I know, Mr. Speaker, that in a case of this kind it is very easy, by a kind of arithmetical jug lery. to confuse or conceal the real merits of the question; butI uflirm with all confidence that no fair, unbiased man who will scrutinize this evidence can say that he believes that Mr. Washburn, the contestant in this case, received a majority of the votes of the legal voters of the district which he claims to be entitled to represent in this House.
Mrr. DAW ES. Will the gentleman allow me to say a word 2
Mr. DAWES. Iam entirely willing to let this case go over till Friday, provided the House is willing to let us conclude it. on that day. I am perfectly content to acquiesce in the wish of the House in reference to this matter. Ia pre ciate the force of what my friendfrom Il ine is [Mr. Minimum] says, and I do not want to occupy the attitude of pressing either a sitting member or a contestant beyond anything that the House may deem reasonable. I have already stated this fairly. If the House is dis posed to say that the consideration of this matter shall be postponed until Friday next, immediately after the reading of the Journal, so that the question may be disposed of before the adjournment on that day, I will not interposea word of objection.
Mr. MARSHALL. I fear, Mr. Speaker, that I shall not be able today to do justice to my view of the case.
Mr. VOORH EES. Mr. Speaker, I simply desire to state that any arrangement made by the Gentfrom 11 ine is will be acceptable to me. I am not listening to the propositions of the Gentfrom Massachusetts, but anything the Gentfrom Illinois agrees to will be acceptable to me.
Mr. MARSHALL. I already asked the House this morning indulgence in this case, and they refused it.
The SPEAKER. No vote was taken on the question.
Mr. DAWES. Iwill take the sense of the House on the question. I will move the post ponement of the further consideration ot this matter until Friday next, after the reading of the Journal.
Mr. STEVENS. I hope Tuesday will be accepted; I want to pass some appropriation bi s.
Mr. DAWES. The only objection I have to postponement until Tuesday next is this: it is impossible for me to be here for ten days after Friday next.
Mr. DAWES. Will the parties consentto that? If the House propose to send it over ten days or consider it Without me, I have no objection.
The SPEAKER. The Gentfrom Illinois has the floor, and can make any motion he pleases.
Mr. DAWES. Under the present appeal of my friendfrom Illinois, as we I as in answer to what I can understand to be the wish of the sittin" member. I move that the subject be post poned until Friday, immediately afterthe morning hour. lhe motion was agreed to.
Mr. DAWES. I shall expectthe vote to be taken on that day. THOMAS MARTIN.
Mr. LATHAM moved that the ComClaims be discharged from the further consideration and leave be granted for the withdrawal from the files of the House of the papers of Thomas Martin. The motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fons", their Secretary, notified the House that the Senate had passed ajoiiitresolution (H. 3.110.76) to encourage and facilitate telegraphic commnnication between the Western and eastern continents. with an amendment, in which the concurrence of the House was requested. rArr. COLBY.
Mr. NEWELL moved that leave be granted for the withdrawal from the files of the House of the papers in the case of Paul Colby. The motion was agreed to. PERSONAL EXPLANATION. Mr. SMITH. I rise to a personal explanation.
Mr. MORRILL. I move the morning hour be dispensed with, and the House proceed to the consideration of the special order, bein House bill No. 207, to aincnd an act entitled l An act to provide Ways&Means to support the Government,” approved March 3, 1505. The motion was agreed to. The bill is as follows: Be it (added by the Senate and HoRep. of rhe U.S.A. in Gangress assembled. That the act entitled “An act to provide ways and mom to sup a the Government.” approved hlarch 3.1865s.ha lbo extended and construed o authorize the SecyTreasury. at his dis oration. to receive any Treasury note oor othur obligation adaauedunduajav act of Counties whether boar ing interest or not, in oxcliango for any description of bonds authorized by the act to which this is an amendment: and also to dispose of any description of bonds authorized by said act. either in the U.S or elsewhere.to. uch an amount. in such manner, and at such rates as he may think advisable. for lawful moneyof the U.S or for anylrcasury notes certificates of indebtedness or certificates of deposit, or other representativesof valuc, which have oen or which may be issued under any act of Congress, the proceedsl ercotto be usedonly for re tiriag treasury notes or otherobligationsissuedunder any act of Congress: but nothing herein contained shull be construed to authorize any inercuscof the public debt: Provided. That the bondswhich may be disposedof elsewhere than in the U.S. may be made payable, both principal and interest, in the coin or currencyoi the country in which they are made nyable, but shall not boara rate of interest canoe n 5%. per annuiu: and provided further, fhat tbeact to which thisis an amendment shall continue in full force in all its provisions, except as modified by this act.
Mr. HOOPER, of Massachusetts, obtained the floor.
Mr. STEVENS. If I understand the act which this bill proposes to mend it allows the SecyTreasury to issue any amount of 6%. bonds to exchange for alike amount of interest bearing obligations of the Government. This bill allows him to issue 6%. bonds to absorb those obligations of the Government which bear no interest. Am I right? The gentleman says I am right. Then I would like to know how much of this kind of obligations it puts at the absolute control of the SecyTreasury. I
Mr. MORRILL. The gentleman has only to look at the report; it will be easily computed.
Mr. STEVENS. I have looked at it butI do not know the amount.
Mr. MORRILL. It amounts to the entire sum of the legal tender now out and of the fractional currency. I
Mr. MORRILL. Those are interest bearing.
Mr. STEVENS. We have here $1,644,000,000 placed at the absolute uncontrolled discretion of the SecyTreasury.
Mr. MORRILL. I stated in my speech that notwithstandingall of our efforts forthepastfour years we had not succeeded in funding 1/2 of our debt, but that more than $1,600,000,000 remained for us to fund at the present time.
Mr. STEVENS. So I supposed, and yet the whole debt seems to be put down at $2,800,000,000.
Mr. MORRILL. Does not the gentleman understand that $1,200,000,000 is less than 1/2 of $2,800,000,000? If so, then $1 600,000,000 makes up the $2,800,000,000.
Mr. STEVENS. Do I understand that that much bears no interest?
Mr. MORRILL. The gentlemanunderstands that less than $1,200,000,000 has been funded.
Mr. STEVENS. That is what I wanted to know. If my friendfrom Massachusetts [Mr. Hoorsn] will allow me, before he proceeds, to move one or 2 amendments I wi lbe obliged to him. I thought perhaps he would like to notice them.
Mr. HOOPER. I will yield for that purpose.
Mr. STEVENS. I move to strike out, from the word “Treasury” in line 6, to the word “to” in line ten. Also, to strike out from lines 11 and tvielve the words “either in the U.S or elsewhere.” Also, to insert after the word “Congress” in line 17 the word “and,” and to strike out the word “to” and insertl“shall.” Also, to add afier the word “obligations” in line 8een the words “bearing interest.” and lastly, to strike out the 2 provisos at the end.
Mr. MORRILL. I object to the gentleman making more than one or 2 amendments as he proposed.
Mr. STEVENS. I will offer an amendment use substitute for the whole bill, to strike out He can offer his amend all after the enacting clause and insert the fol; lowmg: That the act entitled "An act to provide wa s and mean; to support the Government. no proved arch 3 18bo, shal be exendedand construe to authorize the Sgcretar of toTreasury to disposeof any de sacmnoputwntu,pi ends authorised by said set to such an in such manner, and at tuuh rates. not less thupanor, ashe may think advisable,for lawful money Ititficcate U.S or for any Treasury notes, cer ofindebtedness or nor tiilcntes of deposit, or owthhiecrhrmeparyebseenistsautievdesuonfdvear launey, which have been or the proceeds of Congres: and thereof shall be used only for re rin Treasury notes or other obligations bearing interns issued under any act MO0 as. but nothing herein contaiued shall be constru toau orue auy mereue the public debt. I wish to have this printed, in order that if the matter shall go over we may have it before us in a rnper form.
Mr. WENTWORTH. I ask unanimous consent thut thesubstitute be ordered to be printed. ho ObJeCtIOD being made, it was so ordered. interCONTINENTAL TILEGRAPH.
Mr. BANKS. I ask the unanimous consent of the House to take from the Speakers table the JtResolution of the House No. 76, to encourage and facilitate telegraphie communication between the western an eastern conti nents, which has been returned from the Senate with amendments. I ask that the amendments be coucurred in. No objection was made; and the JtResolution was accordingly taken up, and the amendments of the Senate were concurred in, as follows: 1st amendment: Page line 17,strike out the word “Variay and insert “ Va lag" in lieu thereof. 2nd amendment: Page 2. lines 15 and 16, strike out the phrase “in transporting materials connected there 3rd amendment: At the end of the resolution addasfollows: “ so far as the samecan be aflIorded without dismantling her or destroying or injuring her efliciencyas a vessel of war."
Skip Skip Mr. BANKS mtRtv the amendments of the Senate were concurred in; on the table. Agreed to. LOAN BILL—AGAIN.
Mr. STEVENS. Will the gentleman yield to me to move that the further consideration of this bill be postponed until this day week?
Mr. HULBL RD. I have no particular desire to s enk this afternoon. h
Mr. STEVENS. Then I will make that motion, unless some other gentleman desires to s eak this afternoon.
Mr. KELLEY. I am ready to say what I have to say upon this bill now.
Mr. STEV ENS. Then I would inquire whether there is any opposition to post oning this bill until this day week after my colleague [Mr. KELLEY] has concluded his remarks.
Mr. MORRILL. I have no personal objection. I am willing to leave the matter to the House.
Mr. BROOKS. This is a bill on which I think there should be prompt action. It should be decided as early as possible. I receive a number of letters and telegraphs daily inquiring what is likely to be done, and there is a great deal of speculation in regard to the action of the House upon this matter.
Mr. WENTWORTH and I see a grentmany bankers and brokers and speculators in this Hall, too.
Mr. EGGLESTON. Is it understood that the bill is iost oned for a week? The SPEAIZJER. Not at present. The bill will not be reached again after today, in the regular order, till Monday after the morning hour.
Mr. MORRILL. I will move that afier the speech of the Gentfrom Pennsylvania [Mr. KELLEY] the further consideration of the bill be postponed until Tuesday next.
Mr. STEVENS. I suggest to the Gentfrom Vermont that he say Wednesday next. I hope we may et through with one or 2 appropriation bills before that time.
Mr. MORRILL. I accept that as a modification of my motion. The motion, as modified, was agreed to. DISTRIBUTION OF DOCUMENTS.
Mr. LAFLIN. With the permission of the Gentfrom Pennsylvania, Qir. Km.r.cv,] Task unanimous consent of the Iouse to offer the following resolution: Ifemlccrl.That the Superintendent of the Public Printing hedirected to deliver to the superintendent of the folding Dept for the use of the mem with its substitute or substitutes,u in now given by l law to the Interior Dept. units. in the judg—ment of the SecyInterior. moonsutont with the public interests.
Mr. LAFLIN. Let me state that by law 100 of these copies are to be placed under the control of the SecyInterior to be distributed to the public libraries.
Mr. RADFORD. I insist on my objection. MINERAL LANDS.
Mr. JULIAN. With the permission of the Gentfrom Pennsylvania, I ask leave to report back from the ComPubLands a bill to provide for the survey and sale of the lands of the U.S. containing gold, silver, and other valuable minerals, for the assaying and coinin of such minerals, and for other. purposes, with a view of having it. printed an reeommitted to the committee.
Mr. ELDRIDGE. I call for the reading of the bill.
Mr. BIDWELL. I would ask the Gentfrom Indiana if he has any objection to having this bill referred to the ComMining. I understand that it provides for the distribution of the mineral lands of the U.S.
The SPEAKER. The Gentfrom Wisconsin [Mr. ELDRIDGE] ca Is for the reading of the bill. Does the Gentfrom Pennsylvania [Mr. KELLEY] yield for that purpose?
Mr. ELLEY. I cannot yield to have the bill read. It is for the sale of the mine I only ask to have it recommitted LOAN BILL—AG AXN.
The SPEAKER. Then the Gentfrom Pennsylvania is entitled to the floor on the loan bill.
Mr. SCHENCK. At the request of the ComMilAffr, I ask to have Senate bill No. 54 printed with a substitute pro osed by the committee, and then recommitte. It is an act to amend an act entitled “An act to incorporate a national military and naval asy lum for the relief of disabled officers and men of the volunteer forces of the U.S. ” Noobjection being made, it was so ordered. annonwn BrLI. SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled a JtResolution (H.R.No. 75) to encourage and facilitate telegrn hie communication between the western an eastern continents; when the Speaker signed the same. nxacurrvn COMMUNICATION.
The SPEAKER. The Chair asks consentto lay before the House the reply of the ComrAg to a resolution of the HoRep, January 25, and to have the same laid on the table, 18a6n6; printed. No objection being made, it was so ordered. MINERAL LANDS.
Mr. JULIAN, from the ComPubLands, by unanimous consent, reported a bill to provide for the survey and sale of the lands of the U.S. containing gold, silver, and other valuable minerals, for the assaying and coining of such minerals, and for other purposes; which was ordered to be printed, and recommitted. INTERNALREVENUE.
Mr. BIDWELL, by unanimous consent, introduced a bill to amend an act entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes;” which was read a 1st and 2nd time, and referred to the ComWays&Means. JOHN M. AVERY.
Mr. BIDWELL, by unanimous consent, also introduced a bill for the relief of John M. Avery; which was read a 1st and 2nd time and referred to the ComWays&Means. UNION PACIFIC RAILROAD and TELEGRAPH.
Mr. CLARKE, of Kansas, from the ComPost Office, by unan imous consent, reported a bill to in e construction of a southern branch of the Union Pacific railroad and telegraph, and to secure to the Government the use of the same for postal, military, and other purposes; which was read a 1st and 2nd time, and ordered to be printed, and recommitted. STATION FOB NAVAL EUPPLIES.
Mr. J. L. THOMAS, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remind, That the SecyNavy be, and he is hereb, authorized and requestedto inform this House at what costto the governmentasnitable location for coal and naval storescan be obtained at or near Canton, in the city of Baltimore.
Mr. WASHBURNE, of Illinois. that the House do now ndjourn. The motion was agree to; and thereupon (at 4 oclock and ten minutes p.m.) the House adjourned. I move rarrrrous, arc.
@@@IN SENATE SENATE. FRIDAY, February 28, 1866. Prayer by Rev. HOWARD MALCOLM, D. D., of Philadelphia. The Journal of Wednesday last was read and approved.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce abill (S: No. 160) to continue in force the Bureau for the Relief of Freedmen and Refugees; which was read twice by its title, and referred to the comMilAffrs .
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S.No.161) to indemnify the State of Kansas for expensesineurred in enrolling, e nipping, sub sisting, and transporting the militia forces of the State in repelling rebel invasion and Indian incursion in the year 1864; which was read twice by its title, referred to the ComMilAffr and the Militia, and ordered to be printed.
Mr. RAMS Y asked, and by unanimous consent obtained, leave to introduce a bill (S.No.162) to secure the speeddy construction of the Northern Pacific rai tea and telegraph; which was read twice by its title, and referred to the ComPacificRR.
Mr. HOWE asked and by unanimous consent obtained, leave to introuce a bill S.No. 168) to authorize the Milwaukee and PrairieDuChien Railway Company to construct a bridge across the Mississippi river and establish a post route; which was read twice by its title, and referred to the ComPostOffices. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.164 for the relief of Alois Klaus; which was read twice by its title, and with the accom anying papers presented by him was referre to the ComClaims. GOVERNMENT TELEGRAPH LINES.
Mr. DIXON. The ComPostOffices, who were directed by a resolution of the Senate to inquire into the fea— sibility and usefulness of establishing in connection with the postoffice Dept telegraph lines along such of the principal mail routes as may be deemed adwsable, have directed me to report a resolution; and as the Senfrom Missouri [Mr. Biiowx] desires, I believe, to address the Senate upon the subject, I ask that it may be considered at this time.
The PRESIDENT pro iemporc. The cut consideration of the resolution is aske Is there any objection?
Mr. conN IsSS. Let it be read for information.
The Secretary read the resolution, as follows: Resolved,That the PostMGenl be, and he is hereby. r nestedto lay beforethe Senatesuch information as O mayhave in his possessionor may be able to collect in regard to the feasibilit and useful nessofestahlishing in connection with the postoffice Dept telegraph lines along such of the principal mail routesas may be deemed advisable for use y the Government,and to be open for public useat minimum rates of charge, accompanied y such suggestions and considerationsaswould contribute to the eflieiencyof such an extensionof the postoffice system to telegraphic purposes and such statistics and exhibits predicatedon costof construetion and capacit of transmissionas will best illustrate its practi oa ility. There being no objection, the Senate proceeded to consider the resolution.
Mr. SHERMAN. The ComFinance, to whom was referred a JtResolution for the transfer of funds appropriated for the payment of salaries in the st office Dept to the general salary account of that Dept, have instructed me to report it bac and recommend its assa c. It is a matter that will excite no de ate, ima inc, and to which there will he no objection. think it might as well be passed now. here being no objection, the JtResolution (S.R. No. 29) for the transfer of funds appropriated for the payment of salaries in the Post flice Dept to the general sale account of that Dept, was consider as in ComWhole. The amendment previously reported by the ComPostOffices was to strike out the words “ Congress as per," in line live; so as to make the resolution read: Resolved, (60., That the nexpended balances on the books of the Treasury Dept from the re speotive sums of money appropriat by dificronff acts of Congress,for the apes of PostMGen Assts PostMGen clerks.temporary clerks. additionifl clerks, messengers.watchmen, laborers and superintendentand clerks of the money ordor system.including the amounts appropriated for the payment of 20%. increase of certain salaries. (all of the samebeing appropriations made by Congresstor the postoffice Dept.)may be transferredon the books of the Treasury Dept from the respective headings under which they are now placed. to the credit of the postoffice Dept, to the general salary account of funds placed to the credit of the postoffice Dept. The amendment was agreed to.
Mr. SHERMAN. There is a letter from the SecyTreasury explaining the necessity of the JtResolution, which may be read if any Senator desires it.
Several SENATORS. There is no objection to the resolution.
Skip Skip The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The JtResolution was orderengross for a 3rd reading, and was read the 3rd time, and passed. ADJOURNMENT lO MONDAY. On motion of Mr. GRIMES, it was Ordered, That when the Senateadiourne today, it be to meeton Monday next. PACIFIC COAST RAILROAD.
Mr. CONNESS. I move to postpone all prior orders and take up for consideration Senate bill No. 133. The motion was agreed to; and the bill (S.No.188) granting lands to aid in the construction of a railroad and telegraph line from the waters of the bay of SanFranciseo to Humboldt bay, in the State of California, was considered as in ComWhole. The ComPubLands reported the bill with amendments.The 1st amendment of the committee was in section one, line 3, after the word “that” to insert the following gaiilnes of persons as commissioners under the i: S. G. Whipple, GeorgeNoble. James W. Henderson. Charles Minterpn. Dnpiel Lobdel, Geom Yost, W. D. Miller. Beiiipmin behenk. Jose ph Woods, E. L. Gould, Samuel. Button worth,L. i. Robinson. J. P. Robinson.George A.Youlc, John M. Carter, George Field, C. H. Kennev. Frederick Graffe. Lewis Cooper, Robert Grants, J. I3. Watson, S. G. Whipple.
Mr. CONNESS. I move to amend the amendment by striking out the last name. It appears in 2 places.
The RESIDENTpro tempore. If the name appears twice, it isa clerical error and the last name will be stricken out. The question is on the amendment of the committee. The amendment was agreed to. The next amendment was in section one, line 27, to strike out the word “parties” and insert “corporation.” The amendment was agreed to. The next amendment was in section 3, line 4, to insert the words “railroad and ” before the word “telegraph,” so as to read: That there be, and is hereby,srantedto the Pacific Coast Railroad Company. it.ssuccessorsand assigns, for the purpose of aiding in the construction of the said railroad and telegraph line, he. The amendment was agreed to. The next amendment was in section 3, line nine, to strike out the word “20” and insert ten;” so as to read: To the amount of ten alternate sections per mile on each side of said railroad lines, kc. The amendment was agreed to. The next amendment was in section 3, line 21. to strike out the word “forty” and insert “20;” so as to read: Other lands shall be selected by said companyin lieu thercoton the line of said road or its branches within 20 miles of the same.die. The amendment was agreed to. The next amendment was in section 3, line 24, to strike out the word “forty” and insert “20.” The amendment was agreed to. The next amendment was in section 3, line 25. after the word “provided,” to strike out the following words: That all lands containing gold lat: silver be and the same are hereby,excluded from separations“ this act,and in lieu thereof a.like quantity of iine o cupied and unappropriuted agricultural landsin odd numbered sections,nearest to the lines of said road agkbe selected as above provided: and provided url
Mr. So that the proviso will read: Provided. That the word “ mineral," whenit occurs in this act,shall not be held to include iron er coal.
Mr. CONNESS. That is simply a re petition, and occurs in another place in the bilf The amendment was agreed to. The next amendment was in section 4,line 6, to strike out the word “20” and insert “ ten,” so that it will read: and if it shall appear that ten miles of said road and telegraph line have been completedin ii good and substantial manner,and [n all respectsas required by this act. the commissioners shall so report to the SecyInterior, a ndpatentsof lands, as aforesaid shall be issuedto acid company. The amendment was agreed to. The next amendment was in section 4,line 17, after the word “ completed” to insert the words “and within the limits pre scribed in section 3 of this act;” so that the clause will read: Then said companyshall have a right to select such lands on the linesotsaid read soconstructednearest to the sectionof suid road so completed, and within the limits prescribedin section 3 of this act. The amendment was agreed to. The next amendment was in section 4,lines 18 and 23, to strike out the wor “20” and insert “ ten.”
Mr. CONNESS. That is to make the bill conform to previous amendments. The amendment was agreed to. The next amendment was in section 5, line 13, after the word “rates,” to insert “to the Government of the U.S or their authorized oflieers or agents,” so that the pro viso will read: Provided That said companyshall notchargehi er ratesto the Government of the U.S or their authorized officers or agentsthan theydoindividuals for like transportation and telegraphicservice. The amendmentwas agreed to.
Mr. POMEROY. In the next section, section the 6th, a slight amendment should be made in order to make it conform to and be in h“armony with the rest of the bill. The word forty” in the 3rd line should be stricken out and “ 20” inserted. I move that amendment.
The PRESIDENTpro lempore. That change will be made if there is no objection, to make the bill consistent with itself.
Mr. FESSENDEN. I desire to inquire whether the resolution proposing a constitutional amendment, which has been under dis cussion for some time, is not now in order, at the expiration of the morning hour.
The PRESIDENT protemore. The morning hour has expired and it becomes the duty of the Chair to call up the unfinished business of the last session.
Mr. POMEROY. We can dispose of this in a minute.
Mr. CONNESS. I suggest to the Senfrom Maine that it will occupy but a moment to go through with the amendments of the committee, and I hope that will be permitted to be done. I shall not ask to consume any more time than will be sufficient for that purpose.
The PRESIDENT protemore. The Chair will proceed with the amendments reported by the ComPubLands to this bill; and the JtResolution to amend the Constitution will be laid aside temporarily for that purpose. "
Mr. FESSENDEN. Let it go over inform a y. The next amendment reported by the committee was in section 7, ine 7, to strike out the word “20” and insert “tea.” The amendment was agreed to. The next amendment was to strike out the 10th section of the bill, in the following words: St tc.10. Abife:,That said Pacific Coast Railroad Company or any part thereof shall be a post route and military railroad. subieet to the useof the U.S. for postal military naval. ahthlt other Government service and also subjectto Itional approval; l such regulationsas Congressmay impose restricting the chargesfor such Government transportation. The amendment was agreed to.
The PRESIDENT protemore. That completes the amendments proposed by the committce on public Lands.
Mr. POMEROY. We have stricken out one section, and perhaps it may be necessary to move that the sections be renumbered.
The PRESIDENT a tempore. That is a clerical correction which will O made without amendment.
Mr. POMEROY. Very well. REPBBENTATION OF SOUTHERN STATES.
The PRESIDENT protemore. The JtResolution (H.R.No. 5l)proposing to amend the Constitution of the U.S. being the unfinished business of the last days session, is now before the Senate as in ComWhole, and the Senfrom Nevada [Mr. NYE] is entitled to the floor upon it.
Mr. FESSENDEN. I ask the Senfrom Nevada whether he will not give way for a motion which I pro ose to make, and of which I gave notice on Wednesday. I desire to move to take a the concurrent resolution from the HoRep. I understand the Senator to we way for that purpose, and I move, therefore, that the further consideration of this JtResolution be postponed, and that we proceed to the consideration of the concurrent resolution of the House “to prohibit the admission of Sens&Reps into either House of Congress from the States lately in rebellion until Congress shall have declared such States entitled to representation.”
Mr. FESSENDEN. Mr. President, so far as I am individuall concerned, I should be very willing, and per ups I might be very glad to have this matter go by for the present and be taken up at some future day. But, in the 1st place, I gave notice on Wednesday that to day, after the expiration of the morning hour, I should consider it my duty to call up this resolution. I have done so in accordance with the suggestion Ithen made. I should not have done so had I not believed that it was of the 1st importance that we should proceed at the very earliest moment to consider it. Sir, the honorable Senfrom Ohio desi nates this as gettingu a political wranglewi the POTUS
Mr. SHERMAN. I think I did not use the word “wrangle.”
Mr. FESSENDEN. Ibeg the Senators pardon; he did.
Mr. FESSENDEN. The dayafterthe messa e. T
Mr. DOOLITTLE. Mr. President, there was one remark which fell from my honorablefriendfrom Maine, and was substantially repeated by my colleague, which I am not Wi ling to get go without any remark by way of reply. I understood the honorable Senfrom Maine in substance to say that the POTUS seems to deny to Congress the right to judge not only upon the qualifications and elections of members, but upon the right of representation on the part of States or of districts in the Senate or HoRep.
Mr. FESSENDEN. The Senator misunderstood me.
Mr. DOOLITTLE. I do not by any means infer any such thing or understand any such thing from any language which has ever fallen under my observation coming from the POTUS; and I now refer rticularly to his veto message and to what his been reported as having been said by the President yesterday. Sir, I understand the present President to state precisely what the former President, his predecessor, stated in his proclamation upon this subject; that is to say, that Congress is to judge, each House for itself, upon the elections, returns, and qualifications of its members. But there are gentlemen who say that this, which is the language of the constitution itself, is confining Congress simply to judge upon the regularity of an election or the qualifications of individuals who may be elected. Not so, sir. In the HoRep the people are represented by dis tricts, districts comprising about 120,000 population in each dis trict; in the Senate clp the U.S. the States, as such, are represented, and each State has anequal representation in this body. Now I underta e to say that under this power, which the Constitution gives to each House, the Senate can judge for itself not only of the regularity of the election of a Senator or the qualifications of a Senator, but that the Senate has power to judge of the condition of the State, whether it is in a condition to choose a Senator or not—
Mr. TRUMBULL. I rise to a question of order. I call to order the Senator who objects to taking up a resolution and is proceeding to discuss its merits. The Senator who objects to considering a resolution is not permitted to discuss its merits, and I call him to order.
Mr. DOOLITTLE. Mr. President, I am simply replying to the remark of the Senfrom Maine, as I understood it and of my colleague, who assumed to say that the Chief Magistrate had denied to this body the right to judge whether the States are entitled to repre sentation
Mr. TRUMBULL. I insist on the question order.,
The PRESIDENT protemore. The Chair intended to decide the question of order as soon as the Senfrom Wisconsin had finished his sentence.
Mr. TRUMBULL. I called him to order, and according to the rules he must sto his remarks until the Iquestion of order is decided.
The PRESIDE T protemore. The Senfrom Illinois makes the point of order that on a motion to postpone a measure before the Senate and take up another, it is not in order to debate the merits of the subject propoed to be postponed, or the merits of the subject proposed to be taken up. such is the rule. It is sometimes, however, very difficult for the Chair to distinguish between what is allowable to Senators in debate, and what is not. It being allowable to give reasons for or against the postponement or the taking up, it is sometime} difficult to do so without, to some extent, run ning into the merits of the question; and, therefore, the Chair is always disposed to allow a little more liberty, perhaps, than a strict application of the rule would warrant. The Chair thinks that the discussion is oing beyond the rule, and he thinks that, if caled upon, he must decide that the questions about which Senators are debating are not legitimate on the motion now before the Senate.
Mr. JOHNSON. I rise, Mr. President, merely for the purpose of asking if there is any difference in the application of the privilege which the rule gives to a member who proposes to take 11 a question and the privilege which, is allowe to him who objects to its being taken up. If there is no difference, I submit that my friendfrom Illinois ought perhaps to have raised his point of order when the onorable member from Maine was discussin in part the merits of the measure proposed toIie taken up.
Mr. FESSENDEN. Will the Sepatorallow me a word?.
Mr. FESSENDEN. The Senfrom Wisconsin undertook to say that I had imputed certain things to the President. I spoke of the President only in this manner: that in what I had to say in reply to the Senfrom Ohio, I was not in a condition to prevent my speaking of him now, and on all occasions, with respect. Isaid nothing of what he had stated in one place or another. I stated simply that the question, in my judgment, was so and so, whether we had this right or whether we had not this right. I did not i ate it to anybody that he had exressed adi erent opinion,but the honorable Senfrom Wisconsin rises in his place and undertakes to reply to what he says the Senfrom Maine im uted as a remark to the President when I imputed no remark of any kind to the President. Therefore I was not called to order.
Mr. DOOLITTLE. The Senfrom Maine certainly has forgotten, I think, a portion of what he did say. I understood him most distinctly to state that he understood the President to assume that Congress had no power of judgment on this question of reconstruction and the right to representation by the States, and I understood my colleague substantially to state the same idea. Sir, I do not wish to go beyond the rules of discussion proper on taking up questions of this kind; but when it was stated us as I understood—ccrtainlyI inferred that to be the substance of what was stated—that the President had assumed by what he had said or done to deny the right of judgment to Congress on these questions, I desired simply to state my opinion that they were mistaken; that nothing ad fallen within my observation coming from the President which denies to Congress the right of judgment not merely upon the regularity of an election, not merely upon the qualifications of the person elected, but of upon the other question whether the district which sends a Representative to the other House or the State which sends a Senator to this body is or is not in a proper condition to elect one. Mr. President, I do not wish to go into the discussion of the question oily further than to state m opinion.
Mr. TRUMBULL. I desire to reply to the remark of the Senfrom Maryland. He wished to know whether there was any difference between the latitude allowed to a person in discussing a question on a motion to take up a measure, whether he was in favor of taking it up or opposed to taking it u. I do not know that in point of law there wou d be any difference, but there would seem to bealittle differ enee in the pro riety of the thing at least. A person who wised to take it ameasure might e supposed to be ready to discuss it; paperson who was opposed to taking it up, as a matter of propriety and taste, it would be supposed, was not pre ared to discuss it. I suppose in point of law t iere would be no difference in the rule; itwould be out of order in either; butit seemed to me tpeculiarly inappropriate for a person oppose to considerin a subject at al, to go on to make a speech aiout it.
Mr. JOHNSON. Owing, perhaps, to my want of acquaintance with the proprieties of legislative life, I cannot imagine how there can be any impropriety in enforcing a rule of the Senate; and as the honorable member admits that so far as the rule is concerned it applics as well to a member who proposes to ta 1: u as to a member who objects to taking up, an assuming that the merits of a proposition were in some wayalluded to by my frien from Maine, [Mr. Fassnsnrsj and y m friendfrom Wisconsin, [Mr. How:,] it won d have been, per haps—and, no doubt, if it had suggested itself to the honorable member from Illinois he would have acted upon that impression—it would have been as well to have made the objection when they were alluding to the merits of the resolution. But the whole matter is now before the Senatethe member from Wisconsin [Mr. Doo LITTLE has ceased to say what he had to say, and the Senate,I suppose, are in a situation to act. If the vote is to be taken, I ask for the yeas&nays. The ens&nays were ordered.
Mr. HOWE. I aim ly rise to correct a mistake into which my eo league fell. In rising to reply to some remarks which he says he under stood the Senfrom Maine made, he took occasion to say that he had understood me also to affirm the same thing. Whether the Senfrom Maine said what my colleague attributed to him or not I am not prepared to decide. I can only say that my colleague was entirely mistaken if he understood by me to assert anything of the kind. I said nothing about any assumption of the POTUS; and being up for the purpose of cor recting m colleague upon a similar point for the 2ndtime, I wish to say to him very kindly that I wish hereafter when he sees fit to criti— cise an thing which I say myself, he will direct himsel to my language. I thought be under took to destroy what little character I had some time ago by associating the Senfrom Massachusetts [Mr. SUMNER] with me. That seemed to me pretty rou h[La[urgehnteewneg laughter;] but that he should allow up that attack by attempting to associate me with the Senfrom 9 [Mr. Fessaxnss] is quite intolerable. [Continued langhter.] I hope I shall not have occasion to correct this habit again.
Mr. DOOLITTLE. Allow me to so to my colleague that nothing is more naturaly in the world than to associate him with m friendfrom Maine, because he was bornin 9 and used to sit in the Legislature of that State with my friendfrom Maine. But I did real] understand m colleague to say that he on erstood from wmt occurred yesterda and what had occurred previously that the resident did in some way or other deny to the Senate the right to judge on this question. As my colleague. l disclaims anything of that sort, of course I must have been mistaken; but I inferred that from the remarks both of mv colleague and of the Senfrom Maine. I iope my colleague Will take it as no offense that I associated him with the Senfrom Maine. The guestion being taken by yeas and uays, resulte —yea.s 26, nays 19; ABSENT—6. So the motion was agreed to; and the Senate proceeded to consider the House resolution.
Mr. FESSENDEN. Mr. President, I have already, in what I stated on Wednesday and this morning in the preliminary discussion, sufficiently indicated to the Senate my opinion of the im iortanee of the resolution before the body. but as it has just been laid upon our i tables in printed form I ask that it c read before I proceed.
The Secretary read the resolution, as follows: Rmlvedbu the HoRep (the Senate concurring.) That in order to close agitation upon a question which seemslikely to disturb the action of t a Government,as well as to quiet the uncertainty whichissiritatingtheminds of the peoplo of the 11 Stateswhich have been declaredto be in insurrection. no Senator or Representative shall be admitted into either branch of ongress fiom any of said Statesun til Congress shall have doc and such State entitled to such reprentstion.
Mr. FESSENDEN. It was averred by the Senfrom Ohio that we had previously acted upon resolutions similar in their character. I am not aware that we have. The resolution, it will be erceived, is nothing more nor less than a legislative assertion by both Houses of Congress that they will not proceed to act upon the credentials of members from any of the States which lately constituted the socalled confederate States until they have previously passed a law applicable to the condition of the States themselves. This, if you will allow me to say so, is in exact accordance with what congress has indicated as its intention heretofore. It was indicated in the last congress, and it was indicated in a resolution whiiilicame direct] from the ComJudiciary, of which the honorable Senfrom Maryland [ML JOHNSON] wasa member, and, usI am informed, with his concurrence, not as applicable to all. the States, but as applicable to one of the States. It is before mom a few words, and I will read it. At the close of the report that was made to the Senate on the 18th of February to accompany JtResolution S.No. 117, on the subject of the credentials of members claiming seats from Louisiana, the last paragraph, which I will read, is: “The personsin possession of the local authorities of Louisiana having rebelled against the authority of the U.S and her inhabitants having been declared to be in a state of insurrection in pursuance of a law passedby the 2 Houses of Congress.your committee deem it improper for this body toadmitto seats Senators from Louisiana. till by somejoint action of both Houses there shall be some recognition of an existing State government.acting in harmony with the Government of the U.S.andrecon nizing its authority."
Mr. JOHNSON. Is that the report of the 18th of Februa, 1865?
Mr. DOOLITTLE. I thought you did say it.
Mr. DOOLITTLE. Read the messege. I do not understand that to be the effect of what is said by the President.
Mr. DOOLITTLE. I certainly do not wish to interrupt the honOrable Senator in the course of his argument, but
Mr. FESSENDEN. It is no interruption at all. I am perfectly willing to hear anything the Senator desires to say.
Mr. DOOLITTLE. I only rise now to state that I understand the force of that portion of the message to beadiscussion of the propriety, not the power, Of legislation. It is a question of propriety whether it would not be better, if loyal representatives are here, and the States are fit to be represented, that we should have them here and consult. with them when legislat in for their States.
Mr. FESSENDEN. But he makes that. a ground for his veto; arid if he can veto one bill upon that ground, he Will and must, for the sake I of consnitency, veto every other bill we pass Lien that. subject. Why is this in the message? What necessntywas there for it in this message? The gentleman talks about the pro riety of the thing. When the propriety of the t in is made a specitic ground or reffising to sign:1 ill, that sense of propriety applies to every other bill that may affect the interests of those States; does it not?. mcmbers.
Mr. DOOLITTLE. I do not understand that to be stated as aground of the veto at all. You ask why it is there. He states it as an impro priety, in his judgment.
Mr. FESSENDEN. Vattel, which is per fectly familiar to the Senator as it is to every body else who is master of the subject. I can take up the book and read passagesto show precise y what I have stated, in the strongest possible terms. I did not think it necessary to out up a dozen authors, because the law is the same in all. There is no dis ute about it. That principle, then, is settled. hose are the consequences of successful war. We are told that we did not wage a war of conquest. certainly we did not. Congress said precisely what it meant at the time it stated that this war was not waged for any purpose of subjugation. It was not commenced with any such idea, but if it follows that subjugation must come in order to accomplish what we desire to accomplish and what we must accomplish, it is not our ault. Ifsubjugation becomes necessary, although that was not the idea with which the war was commenced. who can complain? Let me ask the honorable Senfrom Maryland a question. He has cited in the course of some speech or speeches he has made here, that resolution passed by Congress
Mr. JOHNSON. I said that Congress had no authority to on on war against a State.
Mr. COWAN. That question arises when the representatives of those people come here.
Mr. FESSENDEN. But they do not bring their constitutions with them.
Mr. COWAN. We have a right to inquire, if it becomes necessary to determine whether they were re erly elected.
Mr. FESSENDEN. UndOubtedly; but the argument is that we have no right to inquire intoanything exceptthuttheyhave beenelected.
Mr. COWgAN. Oh, no; it raises the whole question about the legitimacy of the body which e ected them.
Mr. COWAN. The Legislature that elects Senators.
Mr. FESSENDEN. But have we notaright to see the constitution? Should not that constitution be presented to us? It has been once overthrown, obliterated, gone.
Mr. COWAN. You inquire into their constitution when you inquire into the election, and see whether the person claiming to be elected was chosen by the proper body.
Mr. FESS NDEI. What, then,becomes of the argument that they can be admitted on their credentials? Are we nottoinquire into the condition of the States?
Mr. DOOLITTLE. Will the Senator allow me to state that no one has ever pretended, that I ever heard, that we were confined to inquiring into the credentials merely. We have a right to inquire whether there was a Legislature to elect them, whether the people were in a condition to choose a legislaure to elect them; but what we say is that the Senate is to judge for itself whether members have been elected to this body, and should not allow the House to judge for it. That is the position.
Mr. FESSENDEN. An who or ever has pretended that the House ever would judge for the Senate or the Senate for the House?
Mr. COiVAN. If the honorable Senator pleases, I understand this resolution is that before we shall et at that question we must have a law passed by Congress,
Mr. FES ENDE. A law passed with ref erenee to the single question whether the States Jire in a condition to elect.
Mr. DOOLITTLE. We inquire into that for ourselves.
Mr. FESSENDEN. I do not intend, Mr. President, to be called off from the ground that I was assuming. It was simplythis, that when the come here, after having been disconnected with the Union, they must satisfy us that they have done all that is necessary in order to re store them to the Union; that they have a RFG; that they have those provisions which are necessary to enable them to perform their duties. Must not that be required?
Mr. FESSENDEN. Satisfy Congress. The is the very question which I have been discuss in; butI am speaking now of the question of the rightto return, of whetheraState is out and how it 18to get in. If gentlemen concede that these States have been so disconnected with the General Government that they had no right to repre sentation here, that they were not States of the Union and in the Union for this purpose, that in order to acquire that right they must come to Congress and a ply to Congress and furnish the necessary proo s that they are in a condition to claim the rights of States in the Union, it is sufficient for my purpose. If the admit that, it is all I desire. But an entirely ifferent doctrine has been laid down here; and it has been said that when gentlemen come here claiming to represent these States we must hurry to admit them because they present credentials from States! What have gentlemen said here? “I present the credentials of a or B or C; the are in due form.” We may inquireasto the orm. May we not inquire where is the State constitution? Has it been presented to us? Have we seen it? Has there been any application from any of those States to be rea mitted, if you please to call it so, under its constitution or to have its new constitution recognized and its acts under it? Not one. We do not know to this day officially in proper shape that anyone of these States has formed a constitution. M. COWAN. You will not allow us to raise the question. If you take up the question of the admission of some of the gent emen sent here, we will show you a constitution and a duly constituted Legislature qualified to elect, and that they were elected.
Mr. FESSENDEN and what does that prove? That when the question is asked whether there is a constitution ormed, the Senfrom Pennsylvania pulls one out of his ocket, and says, Here is aconstitution.” hat is not the way to deal with Congress upon these questions. What I say is, that if their relations to the Union have been dissolved in the way they have been, what they have to do is to come here by their or nizations, their Legislature, or convention, an present their constitution to Congress for examination, and ask that their representatives be admitted under it, which no one of them has at done. That we have a right to demand. uppose their credentials are in due form, have we not a right to go further and inquire what the condition of those States is and has been since their former governments were overthrown? I suppose Senators now will admit that. I had no idea when I rose that I should speak so long on this matter, but as I have got into iIt may as well finish what I have to say. I wish to notice somethings that have been said more than once by the honorable Senfrom Pennsylvania, [Mr. Court] He has talked to us about the question of taxation and representation, and appealed to us to admit these people, to admitthese States, to admit their Representatives and Senators, because, as he says, it is gross injustice that they should be taxed and not represented. Howis that? Had we no right to tax them during the rebellion if we could collect the tax? I ere we bound, because they chose to go into a contest against this Government, to let them off and not levy taxes upon them? The Senator will hardly contend for that. While they were in rebellion does the Senator say that we had no right to tax them? I am very lad to bring him to that point. He holds, gran, that we had no right. to consider them as subject to the Constitution.,
Mr. COWAN. The honorable Senator will allow me to state my position fairly. I will give it to him. I hold that it is the duty of every government to protect its subjects; and that whiie it is unable to protect them, and while it is not strong enough to suppress a rebellion originatingomong them, and when it does not protectthem, when it leaves them under the 1101111310o1f1usurped authority, while this contdlition of things lasts, it has no right to tax em.
Mr. FESSENDEN. In other words, Mr. President, if the people ofaparticulnr portion of the country choose to set themselves up against the General Government, and to levy an army against it and fight against it, we lose all our rights of gOvernment over them. We cannot control them, we cannot tax them, we cannot call upon them for the performance of any duty. We have a perfect right to kill them, but not to treat them as subjects of the Government. That is the Senators position. He assumes that these people were people thatwe did not protect, that when the powerofaState had nssed into the hands of those inimical to the Government, and when the whole people enmasse had risen againstthe Government, we had ceased to protect them, and therefore we had no power of government over them, no matter how strong they are; that until we put down the rebellion all our power was to destroy. A very fraternal and benevolent ideal I was puzzled, very much so from time to time, at the arguments of the honorable Senator. I was puzzled somewhat when he talked about the course of other nations over their conquered people and told us that they at once took them into partnership. I think he referred to the example of Rome, and said that Rome never made the people she conquered slaves. I have some idea that they did tax them, that they sent proconsnls to govern them.
Mr. COWAN. Vhat I said of Rome was that she always adopted one of 2 ways after conquering a people. She either gave them their ori inal r1 hts back again and very often treated cm as oman citizens, or she extermi nated them or scattered and drove them away.
Mr. COWAN. I beg that the gentleman will allow me to correct him. I do not want it to go to the country in his speech that I said they should be admitted instanter. I never said any such thing. I have contended that their cre dentials should be received and their cases examined by each House for itself, and that that ought to be done immediately; and think now that the sooner it is done the better.
Mr. FESSENDEN. The Senatorslanguage has been the language of denunciation of congress, at least of complaint.
Mr. FESSENDEN. Very well. Does the Senator admit that Congress has the right to examine into the condition of these States as part of the question of admission?
Mr. FESSENDEN. I thought to. Who then is to settle the condition of these States?
Mr. FESSENDEN. Do not the Houses constitute Congress? Does the Senator admit that the Senate has a right to examine into and satisfy itself of the condition of those States?
Mr. COWAN. Unqnestionably. I have held it always. Mr.DOOLlTTLE,(to MnFsssnsnsx.) That is all the point of difference between you and us.
Mr. FSSENDEN. I think the Senator will find that we differ on a great many other points.
Mr. HENDRICKS. If the Senfrom Ohio will yield the floor, I move that the Senate do now adjourn.
Mr. SHERMAN. I give way, but I do not desire an adjournment for my accommodation. I am willin to go on now or on the next days session as 1 10Senate pleases.
Mr. WILSON. Let us have an executive session. [“ Yes.”] 1hr. SHERMAN. I give way, then, to a motion to go into executive session.
Mr. HENDRICKS. I do not care which motion is made. I merely desire to accommodate the Senfrom Ohio. EXECUTIVE SESSION.
Mr. WILSON. I move that the Senate pro ceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, February 23, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bornron. The Journal of,Wednesdaywas read and approved.
The SPEAKER announced as the 1st business of today, immediately after reading the Journal, the consideration of the contested election case in the 7th district of Indiana, an which
Mr. ELIOT. Will the Gentfrom Illinois [Mr. MARSHALL] yiel?
Mr. COBB. Will the Gentfrom Illinois [Mr. MARSHALL] allow me to ofier a me morial of the State of Wisconsin?
The SPEAKER. The Gentfrom Pennsylvania objects.
Mr. JOHNSON. I object only to the Gentfrom Massachusetts, [Mr. Enron] MEMORIAL OF WISCONSIN LEGISLATURE.
Mr. COBB. I submit a memorial of the Legislature of the State of Wisconsin, in relation to the improvement of the navigation of ra ids on the Mississippi river. he memorial was ordered to be printed, and referred to the ComCommerce. WAR DEBTS OF LOYAL STATES.
Mr. LATHAM, by unanimous consent, from the ComPrintg, submitted the following resolution; which was read, considered, and agreed to: Resolved,That there be printed for the use of the House, 5,000 extra copiesof the report of the commissionon the war debtsof the loyalStates, With a bill accompanying the same.
Mr. BLAINE. I move to reconsider the vote agreeing to the resolution, and to lay that motion on the table. Agreed to.
Mr. BLAINE. I ask the Gentfrom Illinois to yield a moment to allow me to pre sent a bill.
Mr. WASHBURNE, of Illinois. I call for the regular order.
Skip Skip LEAVE OF ABSENCE. Mr. BAKER, by unanimous consent, asked lease of absence for his colleague, Mr. Coot, toay. Noobjection being made, leave was granted.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foam, its Secretary, announced that the Senate had passed aJtResolution (S.R. No. 29) for the transfer of funds appropriated for the payment of salaries in the postoffice departinent to the general salary account of that Dept, in which he was directed to ask the concurrence of the House. CONTESTED ELECTION CASE. The House then resumed the consideration of the contested election case of Henry D. Wash burn as. Daniel W. Voorhees, in the 7th congressional district of Indiana,
Mr. Mmsuam. being entitled to the floor.
Mr. MARSHALL. I am aware of the character which the chairman of the ComElections has deservedly acquired for ability, and for the thoroughness with which he usually examines the cases submitted to him for investigation, and for the boldness and courage with which he defends his opinions, whether they concur with those of the majority or not.
Mr. VOORHEES. I wish to state, and to state by way of correctin a statement made by the Gentfrom Hassaehuset ts [Mr. Dawns] the other day, as it appears in the Globe, that with whatever accuracy he may have examined this case he misstates the number of counties which compose my district. He states that it is compose of 5 counties, whereas it is composed of 8. It is possible that he has overlooked some other t ings in this case.
Mr. MARSHALL. I must say, in justice to myself, that whatever respectl may have I object. usually for the opinion of the distinguished Gentfrom assachnsetts, [Mr. DAWES] am constrained on this occasion to come to the conclusion that he has not examined the evidence in this case with that care which he usually gives to questions of this kind. I think he is mistaken both in regard to the law and the facts bearing upon the case. In regard to the legal questions involved, I shall devote to them but amoment of time, taking it for granted that most of the members of this House are lawyers, or those familiar at least with the proper application of legal principles. It is contended on the part of the sitting member, in the 1st place, that there is no evidence before the House except the official returns, which show that Mr. elected by 534 votes.
Mr. DAWES. Iwant, if the gentleman will allow me, to ask the sitting member about the number of counties in his district. He says that there are 8 counties in his district. The report says that the district is composed of the counties of Parke, Vermillion, Vigo, Clay Putnam, Greene, Owen, and Sullivan. I did not count them as I read them, but the gentleman can say whether there are 5 or 8 reported.
Mr.VOORHEES. Does the Gentfrom Massachusetts pretend that he was correct in saying that the 7th congressional district of Indiana is composed of but 5 counties?
Mr. DAWES. I have not said any such thing. I read from the report the names of the counties; I did not count them.
Mr. VOORHEES. Then you are misre ported in the Globe, for there you are made to say that the district is composed of 5 counties. It is composed of 8 counties.
Mr. DAWES. I read from the report. I suppose the sitting member has read the report. I may be mistaken, however, about that.
Mr. VOORHEES. The gentleman stated that there were only 5 counties in the district when there are 8. That is the inaccuracy his report is based upon.
Mr. DAWES. well, let us settle this thing. I know my friend has read the report, and if he says that I stated that there are only 5 counties in the district, he stands here charged with a willful misrepresentation of the report, for the report does not state that.
Mr. VOORHEES. I did not say that the statement was in the report. I referred to the speech made by the gentleman in the House on Wednesday, and which I find in the Globe, in which he states that the district is composed of 5 counties. It is composed of 8 counties, and you [addressing Mr. Dawns] stand convicted here of an offense that it is unnecessary tomention.
Mr. MARSHALL. Lmust really decline to yield further. This is entirely outside of what I was saying myself.
Mr. DAWES. It is not outside of what the gentleman yielded the floor to the Gentfrom Indiana [Mr. Vooanens] to say, and I only wish to say that I hold a position of re sponsibility before this House and I will not permit any man to say thatl have intentionally misled this House in any manner. I am liable to mistakes as well as anybody; quite as frequently as anybody do I make them upon this door. I stand corrected whenever Iain mistaken. I called the attention of the Gentfrom Indiana in good temper to this report, and asked him if I had made a mistake. He said that hehad read the report and having said that, took 11 apamphlet—not the Globe; I do not knoww at it was—and reiterated the charge that I had said the district was composed of onlyfive counties. I called his attention in good temper to the fact that the report enumerated the 8 counties. I leave the matter there.
Mr. ROGERS. I would ask how the vote stands u pon the return?
Mr. MAll SHALL. It stood 498 for Mr. Voorhees, and 143 for Mr. Washburn and it is proposed to throw out the votes returned for
Mr. MARSHALL. I was nearl through, any way, and having discharged feefily what I have felt to be my duty, I will leave the case with the House. I move as a substitute for the pending resolutions the resolution reported by the minorit of the committee. The Cler read, as follows: Renolvezl,That Ilnn. Daniel W. Voorhaes wnl duly elected a Representative in the 39th Congress and is entitled to hold and retain seat in this House.
Mr. DAWES. I desire to ask of the House the privilege for the contestant that he may address the House on the merits. No objection was made.
Mr. ROGERS. I suppose of course the sitting member will be a] owed to do the same.
The SPEAKER. Certainly. The Chair would recognize him before any other member if he claimed the floor.
Mr. wASHBURN, of Indiana, (contestant,) rose to address the House.
Mr. VOORHEES. Might I be allowed to ask of Colonel Washburn whether the speech that he is now going to make is to be the last one on that side of the argument. Of course I except the close by the chairman of the committee.
Mr. WASHBURN, of Indiana, (contestant) The case will be controlled by the chairman of the committee and the House. I do not know who will speak.
The SPEAKER. The Chair is not aware of any member desiring to speak.
Mr. VOORHEES. I supposed there was some arran cment.
Mr. ROGERS. Mr. Speaker, I rise to a point of Order. Has this anything whatever to do with the question?
Mr. VOORHEES. I hope the Gentfrom NewJersey will withdraw his objections.
Mr. FARNSWORTH. I desire to ask the gentleman a question. I suppose these arms were procure for the troops in Indiana engaged in the war?.
Mr. WASHBURN, of Indiana, (contestant) I really cannot tell.
Mr. VOORH EES. Will the gentleman yield to me a moment?
Mr. WASHBURN, of Indiana, (contestant) CeMrtar.inliy
Mr. VOORHEES. I have once answered this whole question. Carrington in Indiana, and I answered it before the people. Whoever states that I have ever engaged in furnishing arms to anybody for any purpose, whether lawful or unlawful; whoever states that I ever belonged to a secret political organization of any kind or descrition, states what I know to be false, and what nobody knows to be true. This is one of those poor, old, uerile, stale, downtrodden calnmnies that has constinking in the sewer where low lies lie, rotting for a year or more beneath the contempt of anybody in the world except the gentleman who brings it up on this floor.
Mr. WASHBURN, of Indiana, I did not introduce this as indorsi(negontestant? it, but am showing what the motives were that induced the people to act as they did. I introduced it to show that it had its effect in exciting the people and I would now ask him the questiou, why did Senator Wall in NewJersey think that the gentleman in Indiana would be a good pur chaser for 20,000 stand of arms?
Mr. VOORH ES. There is a very ready answer to all this, but it is a matter that must excite the centempt so thoroughly of the House that. I am not going to discuss it. If that has a bearing upon the question whetherI am the legal Representative of the 7th district of ndiana or not, it may come within the sec e of vision of other gentlemen; it does not in mine. I am not here to enter intothe question of my political record. I care not whether it be acceptable to the majority of the House or not, except in so far as I would like to agree with men everywhere. My right to a sent here is clear, independent of any political opinions or views. This arm should wither in its socket before I would abate one jot or tittle of my opinions or stoop to explain anything of my political opinions to maintain my seat here. have a right to it here by the law and the evidence
Mr. DhWES. The sitting member and the contestant have had their say in reference to this matter. The sittin member has made his reply, and therefore Isall be obliged to confine them both to the issue before the House. After what was said by the contestant, I would not have done it unless the sitting member had made. his reply; but both having been heard I must object to any further discussion on this omt. p Mr.WASHBURN, of Indiana, (contestant. I thank the gentleman; and now I will procee to give my reason for introducin it. My reason is the statement he himself made in regard to me, as follows: “ In conclusion, I chargethat you received137votes in this congressional district more than Mr. Lincoln did, showing that. instead of twin defrauded out of your votes. yo received more than our party strength. taking Mr. Lincoln as the stan ard. whom yonpill doubtless admit received the entire support ofal loyal men. You willhnrdlyclaim thatyouwero in higher popular favor than Mr. Lincoln. such pre tension would notccrtainly beconsistentwith approper support of the Administration." I have thus endeavored to give the reasons why the sitting member was not as popular as General McClellan. Thankin the House for their courtesy toward me, I am one.
Mr. VOORHEES. I would be glad to know who else besides the chairman of the committee desires or expects to speak. Imake this propposition to the chairman of the committee, or at least I will put a question to him. I agree with him in not wishing to exchange any words here; this is not the proper theater for it, whatever may be our feelings. I want to know whether on body is expected to address the House in be half of the majority report except the chair man of the committee, and whether I can go on with that understanding.
Mr. DAWES. I do not know who desires to s eak on this case. I am not informed that any ody desires to s eak. The gentleman will take such course as 10 sees fit. If I knew of anybody who desired to speak, I would communicate it to the gentleman. There may be those who desire to speak, or there may not. [answered it to General I
Mr. DAWES. Would my friend like to have an answer to that in his speech or would he prefer to have it afterward?
Mr. VOORHEES. I am ready to take your answer now.
Mr. DAWES. I say to the gentleman that somebody has misled him won erfull. He is not a member of the Committee of tlections himself, of course, and therefore he cannot speak of his own knowledge. Whoever filled his head with this idea, if they undertook to tell what transpired in the committee, they of course committed a breach of the rules of the House, and that ought to have raised a suspicion in his mind whether the statements were trueor not. Now, the Gentfrom Indiana does the rest of the committee as much injustice as he does me when he imputes to me the slightest ability to influence their votes in any respect. I think the evidence the House had in the very last case that was heard here should have taught the gentleman that there must be some mistake in this story.
Mr. VOORHEES. Allow me to ask you a question.
Mr. DAWES. I will state to the gentleman what I can state without violating the rules, because it is not a matter of action before the committee, that before the vote was taken in this case, never a word passed between me and any member of the committee touching the case, nor did I know what were the views of a single member of the committee but in own an those of the Gentfrom NewYork [Mr. Ramon 1),] who had to leave town and left his vote with me. I state further, that when the case was decided before the committee I did not happen to be present at all and I do not know today anything about what transpired in the committee when it was decided. Now I am ready to hear the question of the gentleman.
Mr. VOORHEE. The gentleman has taken some time to assure the House that he was not so powerful in the magic arts of persuasion as I have given him the credit of being. Now let him answer a direct question. Did not this committee, with the excetion of the gentleman himself, once vote, Iebrnary 1, upon the roll call of its members by yeas&nays, that I was entitled to the seat 1 now claim, and this, too, after full discussion and lengthy advisement? I demand an ansWer, and dare him to make it.
Mr. DAWES. Does the gentleman suppose that I am going to violate the rules of this House and state what transpired in the committee room. IsLaufihter on Democratic side.]
Mr. INGERSOLL. I ask unanimous consent to move that the rules of the House be suspended so as to allow the chairman of the ComElections to answer the nestion of the Gentfrom Indiana [Mr. I oon nuns]
Mr. DAWES. Each member of the committee can answer for himself. I will state all that transpired between me and any member of the committee. In justice to other members of the committee, I will state that at no time, from the commencement of the hearing of this case until this very hour, has a word passed between me and the committee upon this subject, with this exception: the Gentfrom NewYork, [Mr. Ranronn] not now in his seat, who was oblied to be absent, came to me and gaye me his views and re nested me to hand them to the committee, which I did.
Mr. VOORHEESE I will relieve the Gentfrom the imputation of persuading the committee, if he wishes it. 1 am perfectly willing that it should go in that way. But my question as to what the action of the committee was, what it did do, is still unanswered. In order to relieve any member of the committee from the suspicion of improper conduct, I will ask the Clerk to read an article published in the Cincinnati Commercial, one of the leading Republican paers in the West. Its Wash ington correspon ent, writing under date of February 7, writes what I now ask the Clerk to read, and what I know to be true.
The Clerk read, as follows: “On Thursday last week the House ComElections, with but one dissenting vote. agreed to report in favor of Dan. Voorhecs as against Colonel Washburn nvhocoutestshisseat. his wasafter a full and fair investigationof the testimonyon both sides, and the hearing of elaborate arguments from both claimants. Mr. Dawes, chairman of the committee. was the dissenter. The casewas all readyforroporting to the Housc. butfrom someunaccountablecause it was kept back, and yesterday,strange to say, the committeereversed their decision and unanimously {greed to report axainst Vporhecs and in favor of ashburn. xactly what influence was brought to hour to secure this result is not apparent. but the facts as I state them, and I have them from an au thentio source. certainly leave room for suspicion that there has beenunfair lay somewhere. "As to the real state of the case.everybodyknows that the Term Haute district is hopelessly Democratic. There mayhave been fraudulent voting done thereat the election.but it is not likely that the Dem ocratshada monopolyofthat business. As thematter now stands the probability is that Voorhces will be ousted. If so, another election ought to be ordered immediately.
Mr. VOORHEES. That is all upon that point. That shows how well this matter was nown.
Mr. DAWES. I will state that the gentleman will find that same thing, in so many words, sent to every part of the country by some industrious young gentleman in this city who supplies “ telegraphic news.” It attracted the attention of the committee as well as of the gentleman; it is nothing new now. Some gentleman in somebodys interest, I do not know whose, telegraphed that statement all over the country, East as well as West. It is onlyapart of that system of machinery sometimes resorted to, and which is sometimes called “manufac turing ublic sentiment."
Mr. VOORHEES. I am not going to pro; long the debate on this point, as long as every one sees that the gentleman does not deny the statement I have made. That is all; let it go. He dare not.deny its truth.
Mr. DAWES. The gentleman knew I should not deny the statement. He knew he would not get me to state what transpired in the committee room when he put the question. Otherwise he would not have at it.
Mr. INGERSOLL. I believe this matter demands explanation. I have asked unanimous consent to make a motion that the rule of this House be suspended which requires that the proceedings of a committee shall re main with the members of the committee, in order that the chairman of the ComElections may state the facts here. If 7 or 8 members of that committee voted in favor of the sitting member, after full argument, and then reversed that vote without any further argument, as one of the members of this House I wish to fully uuderstandit before I vote upon this question. I therefore ask unan. mous consent that the rules be suspended, and that the chairman of the committee be allowed to explain whether the statement of the Gentfrom Indiana [Mr. V ooannss] is true or not. Let us know it if the committee have reversed their action, because that is not set out in their report.
Mr. BANKS. I object to the suspension of the rule, not that I have any interest in this question at all. But if the rule is to be suspended for this purpose, the report should be recommitted with instructions to report on certain questions. There is no member of the committee who can stand up in his place in this House and state what has transpired in the committee room upon subjects not reported upon, with any chance of receiving the consent and the approval of the other members of the committee. I do not make this objection with any reference to the merits of this question, but simply with a view to the proprieties of arliamentary proceedings. It is competent or the Gentfrom Illinois to reach his purpose in a different way, that is by moving to recommit this subject with certain instructions; but it. would not be proper for the House to approve and sustain such a motion as that which he prqpor.scINs.GERSOLL. I wish to know whether it is not competent as I so pose it is, for the House to sea for the records of this committee. I suppose that their records will show this vote. If so, I would like to have the record produced. If it is in order now I will make the mobon that the chairman of the committee produce the record.
Mr. FARNSWORlTI. I rise to a point of order, which is that the whole subject now.under discussion is out of order. –
The SPEAKER. The subject can be entertained only by unanimous consent. The Gentfrom Indiana is entitled to the floor.
Mr. DAWES. What is the date of that statute?.
Mr. DAWES. That is the way I stated it ere.
Mr. DAWES. I now move the previous question. The previous questionwas 2nded, and the main question ordered.
Mr. VOORHEES. I did not so understand, and I do not so understand now. There has been an effort from all sides of the House to get at the facts. It wilL not be objected to here. If this charge is not true let him deny it. If it is trueit is well enough to talk around and cover it up. I do not suppose the House has any disposition to cover a matter of this kind u. I stated affirmatively what the action of e committee once was. If it is not true, if that is susceptible of proof——
Mr. DAWES. Does this come out of my time?
The SPEAKER. It dees come out of the gentlemans time.
Mr. DAWES. I will yield to proper interruption. I state to the House I have no desire to withhold what transpired in that committee. I am willing truthfully to disclose everything which transpired there and I state to the House that whatever did transpire in my presence—and I have the writ ten statement of my colleague as to what occurred iu my absence—was what transpired over and over again in the committee when the Gentfrom Indiana [Mr. MARSHALL] was present, and what transpires in every election case so far as my exerience oes and there I leave it with the House. am not going to take home to myself or to the committee one particle of the insinuation or inference the gentleman desires to make or to have drawn touching the charge which he made upon the committee when he knew it could not be It will no more. questioned.
Mr. VOORHEES. I did not make this charge. That is not true. I did not make it, for it is a fact which I state now on my personal responsibility, and I am prepared to prove it. Now, this thin has been tendered to the gentleman over an over, and this is the last so far as I am concerned.
Mr. DAWES. Mr. Speaker, the records of the committee are in the control of the House, and anything that transpired there is of course in the control of this body. Those records are where they can be read to the House at any moment; and, as I have repeated many times, nothing in the records of the committee, or that transpired without record, does any member of the committee desire to withhold one single instant. Can I say anything more?
Mr. Spea er, I have once proposed that the rules be suspended in order that the committee might state the facts connected with the case; that they might produce the records and let the House understand this matter. I now renew the motion that the rules be suspended, and that the chairman of the committee be directed to produce the rec ords of the committee, and be allowed to state the facts.
Mr. WASHBURNE, of Illinois. What is the fact?
Mr. INGERSOLL. That at one time, after l the whole argument had been heard in the case, all voted in favor of the sitting member except the chairman and that 3 days sub sequently, without any further argument or evidence in the case being submitted, the action of the committee was reversed by a vote of 7 to 2. These are the facts I want explained.
Mr. WASHBURNE, of Illinois. I do not know anything about the merits of this case, but it is a violation of parliamentary law to state what took place in committee. Several snasas. Not by unanimous consent.
Mr. WASHBURNE, of Illinois. It is adan gerous precedent. ldo not make any objec tioln, but I protest against any violation of the ru es.
Mr. SHELLABARGER. Will the Gentfrom Massachusetts [Mr. Dawns] yield?
Mr. DAWES. If it does not come out of my time.
Mr. VOORHEES. I do not object, but as long as there is objection made to afull investigation of this matter I think objection ought to be made to a partial one. But I will not ob ect.
Mr. JOHNSON. I object to the gentleman occupying the time until gentlemen are willing to answer questions that are put directly to them.
The SPEAKER. The Chair will again state so that gentlemen will undertand it fully, that the Gentfrom Illinois [Mr. Ixcnasoufl asks unanimous consent that the chairman of the committee may state what occurred in the committee, and produce the record. Is there objection? The Chair hears none.
Mr. VOORHEES. Let me interrupt the entlenian once more, and I will not interrupt im again; perhaps I shall never do it again in this a
Mr. DAWES. I will have the record of the committee here in a moment.
Mr. VOORHEES. I served a long time on the ComElections, and of course whatever the clerk of the committee, Mr. Bartlett, says, will be correct. But after all the talk the gentleman has made, the only thing thatI stand ii on is, that after 3 days of argument and after a weeks advisement, the roll was called by the clerk of the committee, and I received every vote in favor of retainin my seat except that of the gentleman himse f. That is the point I make.
Mr. DAWES. Let the record s eak for itself. I have it before me. On the 20t of January, 1806, the committee met; present certain members of the committee named: the committee a eed to take up the case of Washburn and oorhees, of the 7th congressional district of Indiana, on Tuesday next at teno clock a.m. On January 23, 1866, the committee met; all present but one member. The case of Wash urn and Voorhces, from the 7th district of Indiana, was taken up on the reliminary motion of Mr. Voorhees to reect all the depositions on file on the ground that they were not taken by persons authorized by law to take the same. After argument by the parties the motion was denied. On January 24 the committee met, present all the members but certain members named, and agreed to take u the case of Washbnrn and Voorliees on Fri ay morning. On February 6, 1866, the committee met, one member absent, and the case of Washburn against Voorhees of the 7theongrossional district of Indiana was voted upon, and the committee decided that the contestant, Mr. Wnshburn, was entitled to the seat by the sub gined vote—yeas, Messrs. Dawes, Scofield, axler, Upson, Paine. Shellabarger, and Mc Clurg; nays, Messrs. Marshall and Radford. That is the whole record there is of the committee and now, Mr. Speaker, suppose that the committee had done precisely what the gentle gigii from Indiana [r. Voonnsss] says they I
Mr. DAWES. I will yield to my colleague on the committee.
Mr. SHELLABARGER. I have no desire pgersonally to say a single word on this matter. but my associates on the committee think that perhaps, all things considered, it is better that should state precisely what my recollection of this matter is, which I now do. We were called upon to express our views, but not to. give a final vote upon the subject in the committee. socalled upon, I then made this statement: that m duties in connection with the committee and in the House had so occupied me that I had had no opportunity, after the conclusion of the argument, to investigate the case for myself upon the evidence theiefore I was not prepared to cast a final vote upon the subject, but would reserve the right to change my expression of views at any time in the future after I had had the benefit of hearing the opinions of the entire committee and of investigating the case for myself. I also said that I had no doubt that the re turns of Hamilton township must be rejected as fraudulent, but that, as then advised, I did not deem there was that clear and satisfacto roof which the law required to establish frau in the other townships, and that, without having made any figuring for myself, I understood that the rejection of ethe returns for the township of Hamilton did not change the result so as to unseat the sitting member. Therefore, if called upon. then to cast my vote, I would cast it for the sitting member, reserving my right to modify that vote upon a careful investigation. After such careful investigation I ascertained that the rejection of the return of Hamilton township does change the result if Mr. Wash bnrn is to have the benefit of the votes that he proved to have been cast for himself. As certaining that fact, and upon the only actual vote taken upon the merits of the case, the Union members of the committee voted unan imousl in favor of the contestant.
Mr. VOORHEES. I uiust express my profound acknowledgment to the Gentfrom Ohio [Mr. Snsunmaosa] for the favor and consideration, entirely unexpected, with which he at one time, at least, regarded my claim to a seat in this House. I repeat here, and state now, that this matter that has been so covered up with words by the Gentfrom Massachusetts [Mr. Dawns] and the Gentfrom Ohio [Mr. SHELLA BARGER] is simply this: on the 1st day of Feb ruary, of which it seems no journal was kept, the roll was called by the clerk of this committee by yeas&nays, calling the members by name; and I received every vote except one, that of the chairman, in favor of my ri lit to a seat in this House, and that, too, tiger the case had been argued for 3 days, and held under advisement for a week besides. Now, how little or how much importance should be attached to this does not matter at all. I have withdrawn, long since, any imputation upon the chairman that he controled the balance of the committee. I think there are other members of the committee as capable of controlling him as he is of controlling them. I do not put it in that light at all. But I merely want the country to now that this case of mine was not so irresistibly malignant and wicked against me but what I received all the sufirages of the ComElections except one, after a full argument and a thor ougih investigation its merits.
Mr. DAWES. Wait a little;I have not got. quite through with the sitting member yet. I suppose the sitting member will have no objection to telling which member of the ComElections disclosed its secrets to him.
Mr. VOORHEES. I long since furnished to the House and to the country the evidence on which I made the charge, and had it read from the Clerks desk. If it is not true, the gentleman can deny it.
Mr. DAWES. Will the Gentfrom Indiana [Mr. Vooansss] state to the House that no member of the committee. did dis close suything that transpired in the committee— rooin 3
Mr. VOORHEES. Oh, that does not affect the truth or falsity of the statement at all.
Mr. VOORHEES. I will say that the gentleman himself never told me.
Mr. DAWES. I put the question; the gentleman understands me as putting the interrogiiitov directl to him.
Mr. VOORHEES. Iput the interrogatory to the gentleman 40 times this afternoon whether the statement I referred to was true or false, and he would not answer.
Mr. DAWES. I gave the reason; that I was not at liberty to answer the question, but was perfectly willing to do so.
Mr. hINCK. the geutleman is at liberty now.
Mr. DAWES. I putthe question again to the sitting member. Did any member of the committee disclose its secrets to him?
Mr. VOORHEES. My answer to that question is, that it is none of the gentlemans usiness; not the slightest. It is a fact that he has no more right to inquire into than I have to ifiifquire into the most private relations of his e.
Mr. MARSHALL. With this personal matter I have nothing to do. I wish to draw the attention of the onorable chairman to one point which I omitted to notice in the remarks which I submitted this morning. It is not true that the rejection of the vote of Hamilton township would elect the contestant, unless after rejecting it you count all the additional votes that were claimed in the other townships, and also count those votes in Hamilton township which it is claimed the contestant has proved. Now, Iinsist, and I believe the position cannot be controverted that after de claring the election in Hamilton township null and void, to go on and make a new election from the proofin the case, and to allow to the contestant the votes he may thus prove, is a departure from every principle and precedent of the law. I maintain, also, that it is a departure from the leadings in the case. The specifications of the contestant allege that on account of frauds the election in Hamilton township was null and void. If it was null and void, then the case stands in the same way as if no election had been held there; and it is contraryto every principle of law to count. the votes of any voters, legs or otherwise, unless an election was held. Now, if the gentleman will allow me, I will make one other remark. I have been absent from the House during the last hour. I understand thatthe obligation of secrcsy as regards the proceedings of the committee has been re moved by the House, and that the gentlemen of the committee have been called on to state what occurred there. I have been asked by friends around me to state m understanding of the facts; and if it is no eparture from the —
Mr. DAWES. Before I yield further to the gentleman on that point Iwill put an interrog atory to him. I would like to inquire of him, inasmuch as the sitting member has very politcly told me that it is none of my business, whether he is the member of the committee who disclosed the action of the committee to the sitting member or anybody else?
Mr. MARSHALL. Iwillstate frankly every thing which occurred. I have no concealment to make of my conduct here or elsewhere. Soon after the action of the committee I heard it rumored all over the House whatthat action was. I was ap roaclied by dilierent members, and among others by the sitting member. I understood there was a rule of the committee or a rule of the House which prevented me from making any disclosure. I heard one of the members of the Committee having a conference with Colonel washburn in regard to this matter. He asked him if he had heard of the action of the committee and Colonel Washburn said that he had. He then asked him if he was alarmed about it, and he said that he was not. I passed on and did not hear any more. Everybody was talking of the action of the committee; it was in all the news papers; and Idid notfeelthat I was precluded from speaking about what already seemed so very well known. If I have violated any rule of the House, I regret it, but I am certain it is a common practice to disregard this rule, and it has been done byothers in this case, and that before I did.
Mr. DAWES. No one treats the committee with more regard than the gentleman, and I, wish hawould disturb them a little more than he has done. He treats them with a great deal of regard; but I would say to him in all kind ness that he does not come near us as often as I would wish.
Mr. MARSHALL. It is true I may not have attended the meetings of the committee as re larly as I ought to have done. My health has been such that I have been unable promptly to discharge all of the duties which have been imposed upon me. If the gentleman has no Jbjection I will say another word.
Mr. MAR SHALL. I wish to state right here I have a high regard for the Gentfrom Massachusetts, the chairman, and for all the members of the committee. They have treated me with great personal kindness, and I have no charges to make against them. I have no dis position to insinuate they are governed more y partisan feelings than all men are unconsciously in matters of this kind. It is human nature notwithstanding all the efforts on may make as honest men. I have the highest regard for the committeebut as the i say that on the 1st calling of the case every gentleman on the committee voted for Mr. Voorhees except the chairman himself. These things are be ore the committee, and if they aret rown open the will be found as I have stated them. As I have already said, I made no statement in regard to the action of the committee until after I heard it made the sub gm of conversation everywhere throughout the case.
Mr. ELDRIDGE. Was it a vote reserving the final action for another occasion?
Mr. MARSHALL. No, sir; it was a vote directly on the matter called up for the purpose of determining it. This is the simple act, and in stating iIt do not propose to make any cha e against any member of the committee. PgI know in matters of this kind men are liable to have their minds influenced without being aware of it. The fact is before the country; and I have made the statement only because I have been called upon by friends around me to do so.
Mr. DAWES. I was about to ask the at tention of the House to the evidence in the case, omitting a charge, to which I beg to call the attention of gentlemen, that the majorityof the committee, in making this report to unseat the sitting member, were actuated by a desire to secure a vote for their side, that they were actuated by political considerations, and in support of that charge an expression of the Gentfrom Pennsylvania [Mr. Stevens] has been quoted—an expression which was made during the discussion of the lust contested election case upon which the House voted. It was said he remarked that, in view of the culiar circumstances which he thoughthad ately transpired, he urged upon the Iousc, as a reason why they should vote in a certain way, we needed every vote we could obtain. That was urged as evidence why the House was about to unseat the sitting member and put in the contestant, forgetting or omitting to state that the House had voted with the majority of the ComElections against the Gentfrom Pennsylvania by a very large vote; that the House had voted against him, notwithstandin the construction which he had advanced, an that the committee had reported in favor of a political o ponent. On that occasion, riotwithstanding the House had heard from the Gentfrom Pennsylvania what the sitting member has construed into an exhortation to this House to give the seat to a particular man, the House refused, after a fair consideration of the remarks of the Gentfrom Pennsylvania, to respond to them by a majority of 30.
Mr. STEVENS. I was not in when the Gentfrom Indiana [Mr. Vooniiuss] alluded to me but from what learned I desire to state that I voted in accordance with what in my judgment clearly gave to Mr. Koontz the right to a seat. I then said that I had been more earnest than usual perhaps in the matter, in asmuch as at this moment every vote which was fairly ours should be considered. I gave it as no reason why we should vote in that way at all, but as a reason why I had ventured to intermingle the debate with some warmth.
Mr. MARSHALL. Will the gentleman allow me a word here and then I tiink I will not interrupt him again? He knows that I have a very high personal regard for him. Instead of these gentlemen admitting that they were guilty of fraud, they each and every one upon oath deny it. The honorable chair man of the committee says that in their certificate they did not seem to be conscious that they were admittin that they had been ilty of fraud. Sir, on their oaths, when introneed as witnesses by the contestant, each and every one of the members constituting the board de nied that they knew anything in regard to frauds perpetrated in that precinct or township. They state that they did not interfere with the ballot box, and know of no person who interfered with it.
Mr. DAWES. They say it was interfered with.
Mr. MARSHALL. No; I denythnt. They do not say that. They say in that certificate that the charge that it was interfered with was not entirely estitute of foundation, and the then go on and state the premises on which 1 they base that conclusion; and it was simply this, that they had already counted the strun. tickets, 15 or 17, and did not fin them in the precise condition they expected to find them in, but they deny that they knew anything of fraud having been perpetrated in that townshi.
Mr. DA“ ES. I cannot complain of my friends interruptions, for he prefaces whatever he says with his “high re nrd ” for me and wheedlcs me out of a goo deal of my time. [Lanrghter]
Mr. MARSHALL. I will not repeat it any more.
Mr. DAWES. I am very much obliged to the gentleman. Here the hammer fell.] L
Mr. DAWES. Let me haves few moments more. [Cries of “Go onl”]
The SPEAKER. The gentleman will pro ceed if there be no objection. No objection was made.
The SPEAKER. Debate is exhausted, the previous question having been 2nded.
Mr. DAWES. I will retain the floor for one moment.
Mr. JOHNSON. I desire to ask the Gentfrom Massachusetts 9. single question with reference to this case. I am not clear in my mind, from all the debate which has been had on this subject, whether the whole vote of Hamilton township was thrown out in the count, or whether only the votes cast for Mr. Voorhees were thrown out, while those cast for the contestant were counted.
Mr. JOHNSON. If I onderstand the gentleman rightly, the committee have thrown out the returns from one township altogether; then they allow the contestant to produce the evidence of certain persons who swear that they voted for the contestant, and also the evidence of persons who swear that others told them they voted for the contestant. That, as I understand, is the way in which the committee have reached their conclusion.
Mr. DAWES. I am sorry that the gentleman does not understand the matter better after 2 days debate.
Mr. JOHNSON. Then let me ask the gentleman a single question: have not the committee thrown out the vote for Mr. Voorheea in one township, while they have counted that for the contestant?
Mr. DAWES. I did not understand the gentlemans last question.
Mr. JOHNSOr. Well, I cannot help it if the gentleman is so obtuse.
Mr. DAWES. Then we will let the matter stand just where it is. I yield to the Gentfrom Illinois, [Mr. Fmsswonrs]
Mr. FARNSWORTH. Mr. Speaker, although not a member of this committee I have examined very carefull the reports of the majority and minority with an honest view, if I now myself, of coming to a correct vote on this question; not votin because the majority of the committee havea opted this or that, but voting on this Iwonld decide it sitting as a Edge on the testimony adduced before the case. I do not agree with the conclusidns of the majority of the committee, forI think these 4 precincts should all be thrown out. I think where it is impossible to ascertain from the evidence of the truth of the poll, it is the duty of the committee and of the House to disre rd that vote and throw it out entirely. It is proved in this case that in each of the 4 pirecincts in question, Hamilton, Cloverdale, iley, and Jefferson, the contestant received more votes than were counted for him by the judges of election. Now, if every voter in these precincts had been sworn, or if in any other way it had been proved how each individual voter voted, you would have the truth of the poll. That has not been done in this case. he contestant has proved by introducing a good man witnesses that he received a certain number O votes. None said that he did not receive others. You could only prove that by swearing every man who voted or by swearing some one who knew howevery man voted. What is the condition of the oils in those precincts? I defy any man to tel me what the condition of the polls was. You cannot do it. It is probable, and it is only problematical, that had the sitting member been diligent in producing witnesses and taking testimony he might have proved there were votes enough to elect him. We must decide for ourselves——
Mr. JOHNSON. I desire to inquire of the ghaii? by what rule the gentleman occupies the our Mr. FARNSWORTH. By consent of the Gentfrom Massachusetts.
The SPEAKER. The Gentfrom Massachusetts had his time extended, butthe Chair doubts whether he can transfer that to another. The Chair therefore sustains the point of order raised by the Gentfrom Pennsylvania.
Mr. FARNSWORTH. All I wish to an is, the throwing out of those 4 precincts e ects the contestant, giving him 11,999 votes, and to the sitting member 11,883. Now that is all there isin the case. The question then recurred on the following resolution: Resolved That Hon. Daniel F. Voorhces was duly elected a Representativein the 39th conpass and is entitled to hold and retain his seatin this House.
Skip Skip Mr. KERR demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative—yeas 30, nays 96, not voting 6?: So the amendment was disagreed to. During the vote, Mr. PHELPS stated that he was paired with his colleague. Mr. MCCLTLLOVGH.R. BROOMALL stated that Mr. Htiinmn of Connecticut, was unavoidably absent, and that if present he would have voted in the negative. Mr. DARLING stated that, believing there was as election in the district, he would vote Mr. DRIGGS stated that his colleague, Mr. LONGYEAR. was unavoidably absent. Mr. ONEILL stated that he was paired with,his colleague, Mr. Raxnauh Mr. NI LACK stated that Mr. Him. was paired with Mr. BERGEN, and Mr. STILWBLI. with Mr. TABER. Mr. VANHORN, of NewYork, stated that Mr. Wmn was paired with Mr. J. M. Hux man. The vote was then announced as above recorded. a The question then recurred on agreein to the resolutions reported by the majority ol the committee.
Mr. MARSHALL. If these resolutions are voted down, would the effect be tosrefer the case back to the district?
The SPEAKER. The Chair supposes it muld not.
Mr. MARSHALL. I do not believe anybody can say that the contestant had a legal majority, and I hope the House will vote it down. Cries of “Orderl”]
The SPEAKER. The Chair, after exams ining the pliraseology of the resolutions, is of opinion that if they are voted down it would leave the sittin member in his seat.
Mr. MARS ALL. It would then be within the power of the House to refer it back to the people.
The SPEAKER. That would be in order after the resolutions are rejected.
Mr. HALE. I ask fora division of the question on the 2 resolutions.
The SPEAKER. The question will be 1st taken on the 1st resolution. The resolution was read, as follows: Hemlved.That Hon. Daniel W. V crimes is not entitled to a seatin this House as a representative from the 7th district of Indiana in the 39th Congress. The resolution was adopted. The question then recurred on agreeing to the 2nd resolution, as follows: Rrloltrfl, That Henry D. Wasbburn is entitled to a seat in this House as a Representative from thesev enth congressionaldistrict of Indiana in the 39th Congress.
Skip Skip Mr. MARSHALL demanded the yeas and narvs.I he yeas&nays were ordered. The question was taken: and it was decided in the atIirmahve—yeas 87, nays 36, not voting 60; So the rescl"tion was adopted. During the roll call, Mr. COFFROTH stated that he had paired with Mr. Asunm. of Ohio. Mr. PATTERSON stated that he had paired with Mr. enaswn. The result of the vote having been announced as above recorded, Mr. DAWES mtRtv the House agreed to the resolution; on the table. Agreed to.
Mr. ORTH. I move that the oath of office be administered to Mr. Wasnnviis. The motion was agreed to.
Mr. HEXRY D. Wisnnvns accordingly:1 peered at the Speakers desk and was du y qualified. ORDER OF PROCEEDING IO MORROW.
Mr. STEVENS. I ask unanimous consent that when the House meet tomorrow they meet for debate as in ComWhole on the Presidents message, and for no other business. NOobjection being made, it was so ordered. SENATOR CRESWELLS ORATION.
Mr. STEVENS. I ask unanimous consent to offer the following resolution: Resolved. That there be printed for the useof the House 20,000 peopies of the addressof the Speaker and the eulogy of lien. J A. J. CBESWELL, delivered on the 22dinstant and that the same be printed in the CODHGSSIODIGl lobe.
The SPEAKER. Objection being made it cannot be received.
Mr. JOHNSON. I object. NORTHERN PACIFIC RAILROAD and TELEGRAPH.
Mr. STEVENS, by unanimous consent, introduced a bill to secure the speedy construction of the Northern Pacific railroad and tele graph: which was read a 1st and 2nd time, an referred to the ComPacificRR. TENURE or Civil. OFFICE.
Mr. STEVENS, by unanimous consent, introduced a bill to define more particularly the tenure of civil office; which was read a 1st and 2nd time, and referred to the ComJudiciary. WILLIAM BLISS.
Mr. STEVENS, by unanimous consent, obtained leave to with raw from the files of the House certain papers in the case of William Blissl and others, copies of the same being left on h e. Let it go to the Commit
Skip Skip LEAVE OF ABSENCE. Mr. ANCONA asked and obtained leave of absence for Mr. Boisu for ten days. Mr. TAYLOR asked and obtained leave of absence for Mr. J. M. Huxriiasv for ten days. Mr. CONKLING asked and obtained leave of absence for Mr. wARD for ten days. Mr. DRIGGS asked and obtained leave of absence for Mr. LONGYEAR for 5 days. GETTYSBURG MONUMENT.
Mr. MORRILL, by unanimous consent, re ported from the ComWays&Means a bill (H.R.No. 283) to exempt the Gettys biirg national monument from uties and excises, with an amendment in the form of a substitute. The substitute was read. It provides that all materials or manufactures subject t.o internal duties, or imported from nbroad subject to impact: or other charges, to be usedui the construction of the national monument at Gettys burg shall be exempt from all duties and imposts.
Mr. MORRILL. I understand the committee have made arrangement already for the monument to be purchased and manufactured abroad.
Mr. HARDING, of Illinois. WhileI am in favor of the monument, Idissent from the ol icy of going abroad for the materials if they could have been ot in America.
Mr. MORRIL. I would have been opposed to it if I had been on the committee of arrangement.
Mr. FERRY. The monument is to be made in America; the statues are to be made abroad. It is impossible to procure the statues in this country, or it is so deemed by the executive committee, and they have requested that the monument thus to be made be exempted from tariff and excise. Proposals have been made, all by American artists, the material to come from abroad. That seems to be a necessity in regard to the material for the 4 statues surrounding the monument. I trust the House will not object to the passage of this bill. The amount to be exempted will be about 3,000 dollars, an certainly there can be no objection to relieving the Monument Association and the States at rge that are interested in this object of this small pittance.
Mr. MORRILL. I will state that the amount of subscriptions is already sufficient to car out the object if this bill should pass. If it should not it will be necessary to callu on the States for further contribution, which is t ought to be rather inconvenient at the present time. I call the previous question.
Skip Skip The previous question was 2nded, and the main question or cred; and under the operation thereof the substitute was agreed to. The bill as amended was then ordered to be engrossed for a 3rd readin; and being engrossed it was accordingly rea the 3rd time, and passed.
Mr. MORRILL. I move that the title be amended by striking out the last word “ex cises” and inserting in lieu thereof the words “ imposts and charges.”
Skip Skip The amendment was agreed to. Mr. MORRILL. mtRtv the bill was passed; on the table. agreed to LIFE and ACCIDENT INSURANCE COMPANY.
Mr. HALE, by unanimous consent, introduced a bill to incorporate the National Life and Accident Insurance Company; which was read a 1st and 2nd time, and referred to the ComDistCol. PUBLIC LANDS IN MICHIGAN.
Mr. DRIGGS, by unanimous consent, introduced a bill to amend an act entitled “An act grantinglands to the State of Michigan;" which was read a 1st and 2nd time, and referred to the ComPubLands.
Mr. ALLISON. I move that the House do now adjourn. Thn motion was agreed to; and thereupon (at 4 oclock and 55 minutes p. m.) the House adjourned.
###HOUSE OF REPRESENTATIVES. SATURDAY, February 24, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Bors rox. The Journal of yesterday was read and approved. Pnasinsivrs MESSAGE.
The SPEAKER. By the order of the House on esterday, business today is to be confined to abate, as in ComWhole on the state oftho Union, upon the Presidents annual messag. upon that subject the Gentfrom Ohio [Mr. Puma] is entitled totho floor.
Mr. PLANTS. I will yield to my colleague [Mr. CLARKE] for the present. with the hope that I may obtain the floor after he shall have conclude his remarks. RECONSTRUCTION.
Mr. SMITH. I suppose the gentleman wants to call me out, else he would not have alluded to me. I understand the gentleman to say that it requires 2 parties to make a contract, and that in the great compact of Government there are 2 arties, namely, the national Government and,the State government. Now, I assert as a principle of law, that when a contract is made either party has a right to compel the other to comply with that contract. That will not be denie. Now, then, after the accession of Alabama to the Government of the U.S. as part and parcel of the Union, that State could not go out of the union without the consent of the Government; and the Government has the right to force Alabama to comply with all the stipulations of the original contract. There never was at any time, under any circumstances, a consent, directly or indirectly, upon the part of the Government of the U.S. tot e secession of the State of Alabama. The act of secession was an insurrectionary movement on her part, not by the consent of the whole people within the State. Therefore I assert, as I have heretofore, that Alabama remains in the Union, and that she is a part and arcel of the Confederation which have us the constitution of the Union under which we now live; that as soon as the General Governmentnt by force, with law and equity on its side, suppressed the insurrection that existed in Ala bama, that very moment the State resumed its position in the Union as it existed before, and that so far as a part of the people were concerned the contract was not violated.
Mr. BROMWELL. Mr. Speaker, I have this objection to the idea entertained by the Gentfrom Kentucky, that it puts violation in the place of dissolution, and dissent in the place of consent.
Mr. SMITH. If the gentleman will allow me, I would like to ask him if he admits at this time, and in his place as a member of congress, that these States, by the act of secession, have committed dissolution. That is to say, has the Union been dissolved by their act?
Mr. BROMWELL. I will try to make it as lain as I can. I think the gentleman miy understood me.
Mr. SMITH. I do not misunderstand disso lutlon.
Mr. BROMWELL. I did not allude to the dissolution of a State.
Mr. SMITH. Of course a State cannot dis olve.
Mr. SMITH. Now, Mr. Speaker, if the gen— tleman will allow me, I would ask him if a portion only of the partnership should be guilty of this wrong of which he complains, would be hold the others who are not guilty to the some responsibility?
Mr. BROMWELL. That is a question not entirely ertinent to the question, whether the one who has been guilty has forfeited his right; or not.
Mr. SMITH. If he proves his innocence in court, I should like to know if the gentleman would punish him?
Mr. ROMW ELL. Wheneveraparty stands innocent before the law he is entitled to all the rights which flow out of the contract under consideration.
Mr. SMITH. Then I should like to know if the 30,000 men in Tennessee who have adhered to the Union and fought for it are not entitled to representation on the floor of Congress?
Mr. BROMWELL. If the 30,000 men in Tennessee constitute a State in the Union, then the Constitution says that such State, beingjust before the law and not in violation of it, shall have at least one Represent ative. But,sir, do the 30,000 men scattered here and there amid a multitude constitute a State? Is not a State a corporation? Has it not an organic body? Has it not hands and arms, executive judicial, and legislative? Is it not constitute, not by its own consent only, but by the consent of the universal republic of States in whose ranks it stands?
Mr. SMITH. My im ression is, from my reading of law and understanding of terms, that a corporation has neither a soul nor a body; and as a State is a corporation, I would like to know how my friend proposes to punish that which has neither souIlanor body.
Mr. BRUM WELL. Well, sir, the idea that a corporation has no soul nor body may be true or may be false. But the question here is, can anybody of men walk into court and ask in the name of a corporation, whether with or without a soul, for the rights seeming to that corporation, which they, in the name of the corporation, have trodden on and spit n on an repudiated in every possible manner? Ihat is the question before us, and not whethera c or oration has a soul or body or parts.
Mr. SMITH. I dislike to interrupt the gentleman so much, but I am driving him right to the point I want him in, and in a little while I will get him just where I want to place him. I say, and I have alwayssaid, on the floor of Congress and elsewhere, that the individual persons who have done this wrong are the ones to be dealt with, and I will O heart and hand with my friend to deal with them. But States which are corporations have done no wrong, and you cannot punish them. Hang the men, and I will go with you, but do not hang the States.
Mr. BROMWELL. I cannot see why the Gentfrom Kentucky insists on making that declaration while I am s eaking, since he has had ample opportunityo doing it, and did make that declaration in a length speech upon this floor. We all know that is his opinion. What I rose to speak of was the question, where is the naked right of this Government? Not that I mean to say that we, as Representatives of the people, ought to cling to tenaked right, and demand the ound of flesh nominated in the bond from SCarolina or NCarolina or any other State. We are to act as men, as statesmen, if we may claim to be such, looking to the grand destinies involved, and to the great future developing, wherein all these States are expected to act a art in this Republic. But for the purpose of determining the powers of this Congress, it is necessary to know whether these States are to—dayliving, active members of this Federal Union, or whether they are communities disorganized, and having lost the benefit of the original compact, and now lying within our territorial area, and subject to the dis osingwill of the people of the U.S.
Mr. SMITH. If the gentleman would allow me to ask him one question, then I think I will stop. In a livin, moving, active bod, ifyo. but a lancet to tearm blood flows. but in a ead body there is no blood to come; it is congealed; it is gone with all else that belongs to the system. Now to each one of these 11 States we have applied the lancet of the internalrevenue bill, and we are drawing from their people from day to day that which supports ife and helps us. I would like to know how we can tax those people if they are dead?
Mr. LATHAM. Will the gentleman allow me to interru t him a moment?
Mr. LATHAM. I do not know that I understand exactl the position of the gentleman. I would like him to explain, just at this point, whether he occupies the position that the Government of the U.S. is a compact between the States, or is it a Government of the people and of the whole nation?
Mr. BROMWELL. That has nothing to do with t question whether if the compact be violate teviolator still retains his rights. That is the question I am discussing; not the question as to how the compact was made, but whether, being made, the violation of it does not bring with it certain consequences.
Mr. LATHAM. The difference, as I understand it, lies just here. If the Government of the U.S. is a compact between the States, and the States have Violated that compact, those States can no longer claim rights under it. There we agree. at if the Government of the U.S. is a Government of and by the people of the U.S., and a portion of those people as citizens have violated their obligations of allegiance to the Government they have forfeited their rights under it. But if aportion of the people residing in the same part of the territory have maintained their loyalty and allegiance to the U.S. Government, why should they not retain their rights under that Government?
Mr. LATHAM. Will the gentleman yield to me a moment?
Mr. BltOMWELL. I trust the gentleman will not interrupt me at every point. However, I will yield.
Mr. ATHAM. There is oneidea to which I would like to call the gentlemans attention. He says that the Constitution of the U.S. is a art of the fundamental law of the State of A shame.
Mr. LATHAM. upon that int I will not take issue with him. e says further that the people of each State, separately, have the right to call a convention for the purpose of amending or modifying their fun amental law. He says that the convention of Alabama met under the forms of law and adopted an ordinance re pealing the Constitution of the U.S. within the limits of the State of Alabama. Now, am I to understand from him that he occupies the position that the power of the people of Alabama lawfully exten s to the repeal of the Constitution of the U.S. so far as it constitutes part of the fundamental law of the State within the limits of that State? That is the only conclusion that I can draw from his remarks, as I understand them.
Mr. BROMWELL. If the gentleman had waited one minute he would have heard what I have to say on that point., The Constitution of the U.S. was part of the constitution of Alabama, and such. a part that from it the constitution of Alabama derived its life and soul. Now, sir when the members of this convention proceeded to vote, they were clothed with the disposing power of the people of Alabama to do all things that may lawfully be done under the Constitution of the U.S., but without the power to affect in the slightest degree the supreme and paramount force and effect of the Federal constitution. But they could act upon their own constitution, during its life derived from the Federal COHSHIUtIOIL It was a convention so constituted as to bind the people as to its lnw ful acts, and to make them chargeable for its unlawful acts. They passed an ordinance of secession severing the connection between the two. What was the result? Their own constitution was in their own hands; the Federal Constitution was an remc. They cut the connection; and they did this by the voice of their people; they did it by the voice of their Legislature; they did it by the voice of their conven—tion; and from that moment they annihilated their own. Their constitution lived by a vitality from which all legal powers derive their existence— the vitality oflaw. Now, the vitality of law or legal vitality is such that to impair it is to an ni ilate it for the subject admits of no degrees. la
Mr. BAKER who moved that the time of his colleague L
Mr. BaonwsLL] be extended, so as to enable him to conclude his remarks. No objection was made.
Mr. BROMWELL. I am truly thankful to the House for this courtesy, and I will try and not trespass upon their patience long. As I was saying. I would like to know what State government this is which is knocking here on be if of Alabama. If that State governmentnt still lives which Congress and the people of Alabama made why is it not in court? Why is it standing back among the ghosts of departed things while another and an anoma lous and unprecedented organization steps into its shoes and stalks in strange deformity before us? If that old government still lives, may it not some day come forth from its hiding place, and astonish the SecyState by presentin to his bewildered gaze a 30 7th State ready to vote on constitutional amendments? I know the SecyState has lately published an advertisement announcing to the world that there are no less than 36 States in this Union, including these quasi governments of the South; but if that is so, then I would ask, by virtue of what State governments are there so many States for that purpose? Is it by virtue of those governments which were there in 1860 or by virtue of those which are watching over their tombs in 1866? and if those old State governments do not still live, if it be true that they are superseded by those presidentiall appointed governments, then what becomes of the outery made against those men who have s oken of dead States, as the Gentfrom Pennsylvania [Mr. Srn vnxs] is said to have done? If the ancient government of Alabama is defunct, and this new and anomalous State government has stepped into its shoes, is not there something dead? Or are there 2 governments on that territorial expanse? and if not, then what is there so horrible in any man speaking of dead States?
Mr. MARSHALL. I would like to know if I understand the gentleman correctly as saying that when the people of a State changed their constitution, the State which existed before that change is dead. Illinois changed the form of constitution under which she existed before and down to 1848. Does my colleague
Mr. BBOMWELL] hold that the State of Illinois which existed before 1848 died and was buried after the constitution of that State was changed in 1848? That I understand to be the logical result of the argument which he is presenting. I doubt that there is any truth or soundness m any so position.
Mr. BROMWELL. I think that the case is not altogether too hard to be understood. The people of Illinois, under the Constitution of the U.S. met and adopted a new constitution by the consent of the people, the constitution of the U.S. being a rt of it, and the rest of the Union stood and ooked on and were satisfied. Did the people of Illinois make a constitution expressly to deny allegiance to this Government, and to turn over Illinois to another and different Government— a forei 11Government, bearing a foreign flag?
Mr. IGBY. Will the gentleman allow me to ask him a question?
Mr. HIGBY. If the State of Illinois has changed the government it had before 1848, which State is the existin one, the one before that time or since, or are oth existin 7
Mr. BROMWELL. I never said the State of Illinois had changed its government. I said that it made a new constitution precisely to fill the place held by the old one.
Mr. MARSHALL. If my colleague will allow me I will merely say that that was not the point he was arguing when I interrupted him. He was arguing that because new constitutions were adopted in the southern States, and they had changed their form of government or altered their constitutions, the States which existed at or before the alteration, were necessarily dead.
Mr. BROMWELL. Well, I will answer my colleague.
Mr. MARSHALL. I deny that there is any soundness in any such position or logic.
Mr. BROMWELL. I never argued that because they changed their constitutions they were dead. Isaid they passed ordinances of secession which cut the connection between their own constitutions and the Federal constitution their source of life, and because they could not affect the Federal Constitution, it affected their own.
Mr. MARSHALL. That was in the former part of his argument. That is not the point on which I interrupted him. I insist that he was taking the precise position I imputed to him.
Mr. BROMWELL. At the time I was interrupted I was speaking of this: I was inquiring what government it was that still existed in these States. It is for them when they come here and make a proffer to come into the Union to say what government it is that they bring here. Is it.the government of 1860 or is ita government may c by a stroke of the executive pen, without the disposin power and consent of the American people? want them to show— aInd when they have the time and opportunity shall listen with pleasure—that it was ever heard of in American law that the POTUS could grasp the disposing power, the consenting will of the nation; that he could step in between the people and appoint a constitution which would be satisfactory to the 36 States of this Union or to the 25 States which had not rebelled.
Mr. LATHAM. If the gentleman will allow me, with the indulgence of the House, I would like to refer to a little matter of history in connection with this oiut. fl
Mr. BROMWETL. Iwill yield to the gentleman.
Mr. LATHAM. A convention of the State of Virginia, called as was the convention of the State of Alabama, of which the gentleman speaks, adopted on the 17th day of April, 1861, an ordinance of secession, socalled. The form of the ordinance was a repeal of the ordinance of the Virginia convention by which the constitution of the U.S. was ratified in the beginning of the Government. On the 26th day of April, of the same year, this convention, by an ordinance, annexed the State of Virginia to the socalled confederate States of America, and about the same time they repealed the law of the State of Virginia requiring an election to be held for members of Congress on the 4th Thursday in May of the same year. Immediately upon the occurrence of these starth ng events, the 10 al people of the north western, northern, an northeasternportions of the State called a convention, which met in the city of Wheeling on the 11th da of June, 1861, the State having been, accoring to my understanding of the gentlemans doctrine, out of the Union from the 17th day of April until the 11th day of June, at least.
Mr. BKOMWELL. I would like to inquire whether this has anything to do with the question I am discussing.
Mr. LATHAM. That convention. styling itself a convention of the people of Virginia, adopted on the 14th day of June, a declaration, the closing paragraph of which I Will road: “We, therefore. the delegates hero assembled in convention to devise such measuresand talcosuch oafctVioirngainsia them suayfcit and welfare of the loyal citizens cmiiud. haying muturcly considered the premises, and viewing Withgrent concern the deplorable condition to which this oncehappy Commonwealth must be reduced unless some regular adequaterenied is speedily adopted and a pooling to the supreme iilor of the universe for the rectitude of our intentions, do hereb. in the name and on the behalf of the good peopp of Virginia, solemnly declarethat the preservation of their dearest rights and liberties and their security in personand property imperatively demand the reorganization oft government of the Commonwealth; and that all actsof the said (Richmond convention rindExec— utive tending to separatethis Commonwealth from the U.S.,or to leyy and earry on war against them are Without authority and void; and that the offices of all who adhereto.the said convention and excontive, whether legislative,executive,or Judicial, are vacated.”
Mr. BROMWELL. I must ask the gentleman again what this has to do with the subject of which I have been speaking.
Mr. LATHAM. If the gentleman will indulge me a few moments longer, I think I can show him its ertinency. O
Mr. BRO WELL. If the gentleman will only come to the point, very well.
Mr. LATHAM. This ordinance declaring the offices of those who had gone into the rebellion vacated was adopted, I believe, on the 14th day of June and in furtherance of the object of that declaration, that convention on the 20th day of June appointed a provisional governor in the place O Governor letcher, who had vacated his office by going into the rebellion, and a provisional lieutenant governor and AttyGen, who were to hold their places until an election could be held, which was further provided for. On the 4th Thurs day in May, the day of the election to which I just referred, an election was held for members of Congress, in violation of the re cal of the act by the Virginia convention. embers of Congress were returned here, and were re ceived. I find by the records that there were 5 members elected—
Mr. BROMWELL. I cannot see what the elections in Virginia have to do with the question I am discussin.
The SPEAKER. The gentleman can resume the floor whenever he chooses.
Mr. BROMWELL. I think I have allowed the gentleman time enough to state the point which he seeks to make.
The SPEAKER. Does the gentleman yield further, or resume the floor?
Mr. BROMWELL. I think I prefer to resume the floor.
The SPEAKER. The gentleman, of course, has the right to do so.
Mr. ASHLEY, ofOhio. Will the Gentfrom Kentucky yield for a motion to adjourn?
Mr. ASHLEY, of Ohio. I move, then, that the House adjourn. The motion was agreed to; and the House, (at 3 oclock and 55 minutes) adjourned.
@@@IN SENATE SENATE. Moxnsv, February 26, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved.
Mr. SUMNER. I offer the memorial of the PennsylvaniaState Equal Rights League,sigued on behalf of the league by their officers, in which they set forth the grievances that colored people are now laboring under in different parts of the Union, and they call upon Congress to carry out by legislation the guarantee to every State in this Union of a RFG. They remind Congress of the oblig atory character of this guarantee, that the word “shall” is used, not “ will” or “ may,” and that Congress cannot, even if so disposed, as honest men faithful to the great charter of American right, avoid caring the provision out to the letter, and they. insist that communities which disfranchise large numbers of the citizens have no title to be regarded as republican in form. They also ask for a further amendment of the Constitution by way of enforcement of this idea. I move the reference of this memorial to the JtCommee of 15 on reconstruction. The motion was agreed to. Mr. SUMNER. I offera petition also from citizens of Wisconsin, in which the ask congress not to allow any State which as warred against the U.S. to be admitted back as a governing partner in the Union without establishing permanent guarantees for future security, hot with regard to freedmen and with regard to national creditors. I move the same reference. The motion was agreed to. Mr. SUMNER. I also offers petition from the Summer street chapel church of Worces ter, Massachusetts, signed by the officers, in which they ask Congress to protect the freedmen, and in any legislation for the benefit of the freedmen to couple therewith a guarantee of the right of suffrage on common terms with other citizens, that so the solemnly plighted faith of the nation may be kept with its reed men, and the withering curse of the Almighty ruler of nations may be averted. I move the reference of this petition to thbjoiut committee of 15. The motion was agreed to. SENATORS FROM ARKANSAS.
Mr. LANE, of Kansas. I move to take from the files of the Senate the credentials and other papers of Mr. Baxter and Mr. Snow, Senators elect from the State of Arkansas, for the purpose of reference.
The PRESIDENT protemore. it is moved that the papers referred to by the Senfrom Kansas e taken from the files of the Senate and referred; does the Senator designate the committee?
The PRESIDENT protemore. it is moved that these documents be taken from the files and referred to the ComJudiciary.
The PRESIDENT protampon. The paper will be read. if there e no objection.
Mr. LANE, of Kansas. While the Senfrom Maine was speaking the other day, some Senator remarkc that the credentials of the Senators seeking admission here from the seceded States were signed by provisional governors appointed by the preSident. That objection does not lie to these gentlemen. The Governor of the State of Arkansas, who signs these credentials, was elected by the loyal men of Arkansas. as I have before remarked: They have maintained their State government for over 2 years. From the information which I receive from others, I feel authorized to declare that the situation of the State of Arkansas to day is as penceable and quiet as any other State in the Union. They have repudiated the rebel debt; they have abolished slavery; they have restricted a prenticeship; they have placed all men on a fiioting of equality before the law, with a single excetion. The black man stands on precisely t6same platform with the white in all respects, except that he is not entitled to the right of suffrage. Mr. President, there are dark clouds in the horizon of the great Union art of this country and of the country itself? IT has been my pride and pleasure steadily and sternly to vote with the representatives of that party upon this floor since I have had a sent here. It willstill be my pride and pleasure to do so; but I de sire to state here to those Senators that in my judgment unless they without delay admit the loyal representatives of the acceded States they make the greatest mistake that has ever been made by men. Hereafter, every resolution, every bill, every measure of any nature that in my judgment looks to a postponement of the admission of those Senators upon this floor will meet with my unflinching opposition. I want the clouds which now hang over us to be dissipated and to discpear. They will be dissipated and they will disappear if you admit upon this floor without delay the loyal repre sentatives from these States, and I am for admitting none other.
Mr. CLARK. The motion is to take from the files and refer, I think.
The PRESIDENT protemorc. That is the motion.
Mr. CLARK. I call for a division of the question, so that we can take the motion separately.
The PRESIDENT o tempera. The motion is susceptible of division in the opinion of the Chair. The 1st question will be, Shall these credentials be taken from the files of the Senate?
Mr. TRUMBULL. I understand that the credentials were presented at a former session, and are now not in the custody of the Senate. I presume there can be, no objection to the Senfrom Kansas withdraw those cre dentials from the files and presenting them to the Senate. I do not suppose there will be an objection to that.
Mr. CONNESS. That is not what the Senfrom Kansas wants.
Mr. TRUMBULL. To that portion of his motion lapreheud there is no objection.
The PRESIDENT pro tenipore. The motion is that the Senfrom hansas be authorized to take these credentials from the files of the Senate. The motion was agreed to.
Mr. CLARK. I now move, in orderto place these credentials in the same place where others from the disloyal States are placed, that they be laid on the table.
Mr. TRUMBULL. If my friend will allow me, I desire to read what was done with these credentialsatthe last session, before that motion is at.
Mr. CLARK. Certainly I will, if I do not lose precedence by it.,
The PRESIDENT pro femporc. The motion to lay on the table is withdrawn.
The PRESIDENT pro lemporc. The Senfrom Illinois moves that these credentials be laid upon the table, and that motion is not debatable.
Mr. LANE, of Kansas. I rise to a point of I Order.
The PRESIDENT pro tem are. The Sea star will state his point of order.
Mr. LANE, of Kansas. I moved to take these credentials from the files and refer them to the ComJudiciary. My lion orable friendfrom NewHampshire asked for a division of the question. he 1st part of the motion has been put and decided favorably. Now, the point of order I make is this: has a motion to ay upon the table preference over a motion to refer to the ComJudiciary? I desire to remark to the Senfrom Illinois that the ComJudiciary is not now composed of the same members as at the last session, and if it was, there is a possi— bility that there might be such a thing as a change of opinion; there is such a thing as OECYHDg of eyes. I do not know how great the change is, but I know there are several new members upon the ComJudiciary at this session. The question I submit for the decision of the Chair is, has the motion to lay upon the table (which is not a favored motion) preference over a motion to refer?
The PRESIDENT protemera. In the opinion of the Chair, the motion to lay upon the table does take precedence of a motion to commit, under the 11th rule of the Senate.
Mr. LANE, of Kansas. Then I have no other recourse but to ask for the yeas&nays on that motion, and I be e it will be defeated. I desire these credentia s to go to the ComJudiciary for reexamination and rein vestigation. I do not propose, so far as I am concerned, that the concurrent resolution now pen ding shall be a barrier against the reception of these men on this floor.
Mr. WADE. I call the gentleman to order. This motion is not debatable, as I understand.
The PRESIDENTpro tam ore. The motion to lay upon the table is not ebatable; but the Senator rises to a point of order, stating the question of order to be as to the precedence of a qilotion to refer over a motion to lay upon the ta e.
The PRESIDENTpro fempore. The Chair decides that the motion to lay on the table takes recedence, and on that motion the Senfrom Kansas calls for the yeas&nays. The yeas and on s were ordered.
Mr. DAVIS. suggest as a question of order whether that motion be in order, and I will make a single remark upon that point. I hold that this is a question of privilege.
Mr. CLARK. I feel disposed, though with reluctance, to call the Senfrom Kentucky to order. A point of order is not debatable.
Mr. DAVI. I want to state my point of order.
Mr. CLARK. I have no objection to that; but I object to a debate upon it.
Mr. DAVIS. My poiut of order is this: that a question relating to the organization of the Senate is a questioir of privilege; that a question involving the rights of a member elect of the Senate is a question of privilege and is always in order, and when the questionis made, as I read the rule, it is the duty of the Chair to at that question, if it be a question of privilege, in preference to all others. I will read an extract from the last edition of Barclays Digest on this subject:. “A matter of privilcizo arising out of any questions. eo,r from aquarrel betweenmembers,or any other Fuperse es the consideration of the question, and must be 1st disposedOf."—Manual, p. 101. "[According to the practice,not finally disposedof; but the House shall proceed to such immediate measures It sit may think proponl “Whenever the Speaker is of the opinion that a question of privilege is involved in a proposition. he niiistncutertnin it in preference to any other business.
Mr. CLARK: I must insiston my point of order that a point of order cannot be debated by citing authorities. It is a question to be decided without debate by the hair.
Mr. DAVIS. I think the gentlemans point of order is not made competently. I think it is always in order to read the authorities.
Mr. CLARK. I again call the Senator to order. It is not in order for a Senator to debate my point oforder. It must be decided by the Chair.
Mr. DAVIS. I call the gentleman to order. aughterj He has no right to be making these ca tious points of order on me.
The PRESIDENT protemore. The Senfrom Kentucky makes a point of order that it is not competent for the Senate, as the Chair understands, to lay these credentials upon the table, it being a question of privilege or a privileed question.
Mr. DAVIS. This is in point of order: that where a motion is me e to have a member of this body qualified, the President of the body is bound by parliamentary law to entertain that motion in preference to all other motions, and any motion strictly incideutal to that would of course also have preference.
The PRESIDENT protemore. There is no question but that there is a difference between n question of privilege and a privileged question and other questions, but, in the opinion of the Chair, no such question arises here. This question, whether itbe a question of privilege, or a privileged question, or whatever may be its character, is properly before the body, and being before the body, it is competent for a majority of the bodyto make such isposition of it as they choose. They are not bound because it is a question of privilege, to proceed to its immediate consideration. They may lay it on the table, refer it, or debate it. The motion now is to lay these credentials on the table, which it is clearl in the power of the Senate to do, if they think proper. If they think proper not to do it, it is clearly competent for them to do otherwise.
Skip Skip The question, however, now is upon laying these credentials on the table, and upon that qpestion the yeas&nays have been ordered. The question being taken by yeas&nays, resulted—yous 29, nays 17; ABSENT 4. So the credentials were laid upon the table.
Mr. LANE, of Kansas. I now move that the Senators elect from the State of Arkansas be permitted to take seats within this Chamber; and, in making the motion, I desire to state that I am informed there are bills now pending before Congress affecting the material interests of the State of Arkansas to a tremendous extent, disposing of the railroad grants of that State, and it is of the highest importance that they should be in communication with members of Congress. I therefore move that Mr. Baxter and Mr. Snow be admitted to seats on the floor of the Senate.
The PRESIDENT protemore. It is moved and 2nded that the Senators elect from the State of Arkansas be admitted to seats on the floor of the Senate.
Mr. WADE. I move that that motion be laid on the table.
Mr. LANE, of Kansas. On that I ask for the yeas&nays. I The eas&nays were ordered.
Mr. ANE, of Kansas. We admitted the Senators elect from the State of Colorado only last week. [“Orderl” “Orderl”]
The PRESIDENT protemore. Debate is not in order. The motion to lay on the table is not debatable.
Skip Skip The question being taken by yeas&nays, ICSHlI Ot—yeas 27, nays 18; PAPERS WITHDRAWN. On motion of Mr. POLAND, it was Ordtred,T:h? llReuben Clough have leave to with— draw his petition and papers.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its Chief Clerk, announced that the HoRep had passed the following bill and JtResolution, in which it re nested the concurrence of the Senate: A ill (H.R.No. 283) to exempt the Get. tysburg national monument from unposts and charges; and A JtResolution (H.R.No. 76) authorizin the SecyWar to transfer to the Home for oldiers and Sailors Organization, of Washington city, certain stores not needed for the Government. REPRESENTATION OF SOUTHERN STATES.
The PRESIDENT protemore. The morning hour having expired, it becomes the duty of the Chair to ca 1 u the unfinished business of Frida,which is the concurrent resolution of the HoRep relative to the representation of certain States, upon which the Senfrom Ohio is entitled to the floor.
Mr. SUMNER. Will the Senator allow me to interrupt him there? I will state that it so happened that I had an interview with the late President Lincoln immediately after the publication of that paper, and it was the subject of very minute and protracted conversation, in the course of which, after discussing it in detail, he expressed to me his regret that he had not accepted the bill.
Mr. SpERMAN. Mr. President, I think every patriotic citizen of the U.S. will express his regret, not so much that the President did not approve that bill, because I will not condemn the President for declining to sign it, but that Congress in connection with the President did not agree upon some plan of reconstruction by which these States might have been guide, so that when the rebellion was put down they might see in the form of law some guide to lea them in the difficult road to restoration. Who does not now see that any law upon the subject would have been better than the absence of all law? You must remember that whatever fault there is in this matter was in the lawmaking power of Congress and the President combined. This controversy was all over before the President tial election, and I think before the nomination of AndrewJohnson and in presenting these facts I am bound here to say that the paper issued by my colleague and Mr. Davis in reply to the Presidents proclamation, did not meet the sanction of the people, but was generally condemned as introducing an unpleasant controversy into the presidential cau vass.
Mr. LANE, of Kansas. Will the Senator yield to me for a moment? I wish to proound a question about the Wade and Davis bil. Did not that bill provide for restrictin the right of suffrage in the seceded States to the whites?
Mr. MORRILL. Allow me to ask the senator a question. Does he mean to say that the President required it as a condition of resto ration that they should give protection to the freedmen of the South?
Mr. SHERMAN. The hiladelphia inquirer. The President went on to say: “I am calledupon to name 3 at the other and of the line: I am talking to m friends and fellow citizens, who are interestedwit me in this Government, and I presume I am freetomentionto youthe namesof thosewhom I look upon as being opposed to the fundamental principles of this Government, and whoare laboring to pervertand destroy it. "Voiclcs. Name them i Wbo are they? “The Passlnasr. You ask me who they are. I wh Thaddeus Stevens of Pennsylvania is one: I say
Mr. CRESWELL. May I ask what kind of a flag?
The PRESEENT protemore. The question before the Senate is on the adoption of the resolution. Is the Senate ready for the question?
Mr. DIXON. I desire to speak upon this resolution, but I supposed the Senfrom Nevada [Mr. NYE] intended to address the Senate this afternoon. Unless the Senfrom Nevada desires to speak upon it today, I shall ask the Senate to postpone the further consideration of the resolution until tomorrow. Several SENATORS. Oh, no; let us have a vote.
The PRESIDENT protemore. Does the Senfrom Connecticut make a motion to postpone?
Mr. DIXON. Yes, sir. Imove that the further consideration of the resolution be post poned until tomorrow.
Mr. TRUMBULL. I think there are other Senators who desire to say something on this resolution, and probably some of them are pre pared to go on today.
Mr. DIXON. If so, I will withdraw my motion.
Mr. TRUMBULL. If the Senfrom connecticut is not ready to go on, perhaps my friend Iliom Nevada is rea y to proceed.
Mr. DIXON. I understand the Senfrom Nevada has the floor on another subject, and perhaps he will go On this afternoon on that subject.
Mr. FESSENDEN. I should like very much to know if there are any other Senators who desire to s eak on the subject before the vote is taken. fthere are, we may as well proceed With it.
Mr. JOHNSON. I rise, in answer to the question propounded by the honorable member rein Maine, to say that I do desire to address the Senate on some of the questions which have been discussed on this resolution. I am not prepared to do so today, but will be prepared after the Senfrom Connecticut shall have addressed the Senate, as he proposes to do tomorrow. I need not say to the Senate that in whatever I shall say it will not be my aim to delay the decision on the resolution. I am as anxious that it should be disposed of as any Senator can be. I only wish to state the reasons why I shall be unable to vote for it, and that I shall endeavor to do without unnecessa rily tre assiu upon the patience of the Senate. A Ir HEESSENDEN. I do not wish to be pertiuacious, and it would not perhaps become me to be so, after making so long a speech ii on this question as I did on Friday, but I wish to say that ifthis question is to drizzle along in the way that the argument upon the proposed amendment to the Constitution has one, we shall have as much as we can posssibly do to get through with both those anestions by mid summer. Ifwc are to meet an have one speech a day, and then have an adjournment at threc; oclock, oran executive session, and our friends are determined that this course shall be followed up on this question and the other from day to day, and no speed made, we may as well abandon the idea of doin any other business. As this is but the 2nd a on which this res olution has been considere, I shall not object to its going over another day; but I give notice that tomorrow I shall call upon my friends to insist that we at any rate get on with the argument until a reasonable hour, and that the vote may be taken as soon as possible. This question stands in the way of all other matters; and I hope gentlemen will not accuse me of being unreasonable if after todayI ask that more speed be manifested with reference to the subject.
Mr. JOHNSON. I have no idea that the honorable member from Maine will be unrea sonable in asking that this resolution shall be considered until a later hour of the day. I will only state that the moment the Senfrom Connecticut has finished what he has to say tomorrow, I shall be prepared to go on.
Mr. DOOLITTLE. I desire to say that. I had intended to submit some remarks on this resolution, and should haye been prepared to go on today after the conclusion of the speech of the honorable Senfrom Ohio, had I not been informed by the honorable Senator. from Nevada
Mr. NYE] that he intended then to take the cor. I therefore gave up all expectation of addressing the Senate today, and I have not my notes with me and am not pre ared to go on; but I will state to my friendfrom Maine that before the resolution is dis posed of I desire to submit some remarks upon it.
Mr. FESSENDEN. I shall ask the Senate to take the vote upon it tomorrow if possible.
Mr. WADE. I do not rise with any intention to debate this subject at this time, and probably I shall not do so at any time, but I rise to put a matter right that was alluded to in the speech of my colleague. I understood him to say that Mr. Davis and myself were censured by the people for a protest that we made against a certain proclamation of President Lincoln on this subject.
Mr. SHERMAN. I did not say that my colleague was censured, but my declaration was, and my opinion still is, that the course of my colleague and Mr. Davis in that matter was not approved by the people, so far as I could gather from newspa 1r expressions.
The PRESIDENT protemporc.tion is, Shall the resoilii tomorrow?
Mr. HOWARD. I understand that the Senfrom Nevada is anxious to address the Senate upon this subject in the morning. It is now ha fpast 3 oclock, and I move that this resolution be postponed until tomorrow morning.
The PRESIDENT protemore. The motion now before the Senate is, that this subject be postponed until tomorrow morning.
Mr. FESSENDEN. Let it be made a special order.
Mr. HOWARD. I move thatit be made the special order for tomorrow at one oclock.
Mr. JOHNSON. I have no objection to that, but I rise to ask the Senfrom Nevada whether he proposes to address the Senate upon this resolution.
The PRESIDENTpro tempore. It is moved that the further consideration of this resolution be postponed to and made the special order for tomorrow at one oclock. The motion was agreed to.
Mr. DIXON subsequently said: I desire to ask the Chair whether the postponement of the resolution repqted from the JtCommee of 15 was on my motion. I supposed it to be so. I made that motion, and aevor intended to withdraw it. I wish to ask The question be postponed until the Secretary whether it was postponed on my motion or not.
The PRESIDENT protemore. That was the motion that was put. t was amended subsequently by a Senator, who moved that the resolution be made the special order for tomorrow at one oclock.
Mr. DIXON. I will inquire of the Chair whether it is understood that I have the floor on that resolution.
The PRESIDENT protemore. The floor leilias not been assigned to any gentleman by the am
Mr. DIXON. Is it not the ordinary understanding that the Senator who makes a motion to postpone a subject is entitled to the floor upon it when it comes up again? I merely ask for information.
The PRESIDENT protemore. That is the ordinary understanding of the Senate. When a gentleman makes a motion to postpone a question until the nextvday, and it is postponed. teunderstanding ordinarily has been that he is entitled to the floor.
Mr. NYE. I supposed that after such a motion had been made and not acted upon, and another Senator took the floor to 5 ea on the same question, that that person ad the floor when the subject matter was postponed.
The PRESIDEi 1 protempera. The Senfrom Michigan [Mr. Hownnn] moved the amendment to the motion, and had the floorin that sense. He moved the amendment, that it be made the special order for tomorrow at one oclock. That was added by common consent, and the Chair put the question as one motion. to postpone the resolution until tomorrow and maite it the special order for one oclock.
Mr. HOW RD. I made the motion under the idea that my friendfrom Nevada would have the floor tomorrow at one oclock.
Mr. DIXON. I desire to say that when the motion was made by the Senfrom Michigan to amend the motion that I had made, I by my silence assented to it; but I had no idea that by so doing I should lose the right to the floor; at still I do notwish to conten about it.
Mr. TRUMBULL. I am sure the Senate will be exceedingly lad to hear both of these gentlemen. I hope there will be no dispute as to which shall speak 1st.
Mr. DIXON. The Senfrom Illinois will understand me. I am not contending for the opportunity to address the Senate 1st. I merely wish to know what is the understanding.
Mr. HOWARD. So far as Iain concerned, I understood the arrangement to be that my friendfrom Nevada was entitled to the floor. HOUSE BILLS REFERRED. The following bill and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 288) to exempt the Get tysburg national monument from imposts and charges—to the Committee onlFinance. A JtResolution (H.R.No. 76) authorizing the SecyWar to transfer to the National Home for Soldiers” and Sailors Or phans, of Washington city, certain stores not needed for the use of the Government—to the ComMilAffrs . INTERNATIONAL OCEAN TELEGRAPH.
Mr. CHANDLER. I move that the Senate now take up Senate bill No. 26. The motion was agreed to; and the Senate, as in ComWhole. resumed the consideration of the bill (S.No.26) ranting to the International Ocean Telegrap company the right and privilege to establish tele phic communication between the city of NewYork and the West India islands.
The PRESIDENT protemera. The question is on the amendment reported by the ComCommerce as a substitute for the original bill.
Mr. GRIMES. I call for the reading of that amendment.
Mr. SHERMAN. This bill went over the other day on my expressing a desire to read it. The ori inal bill has several objectionable feat urcs. he amendment reported b the committee is a great improvement on teoriginal bill. The only objection to the amendment which suggests itself to my mind is, that this exclusive privilege is given to this company for 25 years. I do not object that the company have the right to land wherever they choose, which 1 think is reasonable; butI doubt whether we ought to give this exclusive privilege for a longer period than 3 or 5 years. That is the only objection that occurs to my mind.
Mr. CHANDLER. Iwill state that the Span ish Government have already granted an exclusive charter to a company of Cubans which is perpetual. It is impossible for Americans even to negotiate with them without having some similar privilege on their art. This company asks no bonus From the orernment. nothing butthis exclusive privilege for 25 ears. The committee carefully guarded that y the 3rd section, which provides: That Congress shall havepower at anytime to alter or repeal the foregoingact. The committee were unanimous in recommending the bill. They considered it very carefully, and I am satisfied it is for the inter. est of the people of the U.S. that the bill should become a law at the earliest practicable moment.
Mr. GRIMES. Has Congress the authority to grant to this company the exclusive right? Where do we derive our jurisdiction I I understand thnt. this is a corporation existing under the laws of the State of NewYork.
Mr. GRIMES. NewYork certainly has jurisdiction as far as ourjurisdiction extends. NewYork may have the power to say that the corporation created by her shall have the exclusive and sole privilege of telegraphing between the points named; but where does this Congress get any authority to do that?
Mr. CHANDLER. I am not prepared to go into a constitutional argument.
Mr. GRIMES. I do not profess to be a constitutional lawyer myself; but it seems to me quite apparent that we have not jurisdiction of this matter; that we have no authority to 53 that a corporation existing in NewYork, have the exclusive privilege to build a line of telegraph from that State to some other section of the world, and we ought not to say it if we had the authority to do it. Then there is another provision in this bill that is objectionable to me, and that is the provision which gives this company the privilege of importing, “free of duty, all material, manufactured or unmanufactured, necessary only for the construction, laying, and erection of said submarine cable or cables.” I do not know wh the gentlemen composing this corporation, if ey choose to embark their money in a speculation of this kind, should have such peculiar advantages over other citizens of the country who prefer to embark their money in some other adventure that may be just as advantageous to the country as it would be if their money was invested in this company.
Mr. CHANDLER. Eatery foot of this cable, except that which is laid in the marine league from our shores, is laid outside the jurisdiction of the U.S. We aim ly exempt them from paying duties upon a cable to be laid in the Atlantic oceaii. In no event can there be more than 3 miles of itkor a marine league, used in our jurisdiction. ow, with regard to granting this exclusive privile 9, this company propose to lay this the egraphic cable across from the Florida on es, which is the shortest point between the U.S and the island of Cuba. The Senator asks what right we have to do this. I take it that we have full jurisdiction on the subject under that clause of the Constitution which ivesthe regulation of commerce betWeen the different States and foreign Governments to Congress.
Mr. GRIMES. Is it the o nion of the ComCommerce that under that clause congress has power to say that only one corporation or one individual shall be permitted to carry on commerce between NewYork and some foreign Port I
Mr. CHANDLER. I thinkitis in the power of Congress to charter one company, or more, as it sees fit.
Mr. GRIMES and that nobody else can carr on commerce between the port of NewYorkand the port of Havana, for example? I do not understand that that is regulating commerce.
Mr. CHANDLER. It is well known to most Senators that the Government during the rebellion contemplated laying for its own use a tele graphic cable to the Florida Keys. Here is a company which ofiers to do precisely what this Government proposed to do at its own cost and charge, and in time of war to donate to the Government the free use of this cable. As I said before, this company cannot even negotiate with these Spanish parties without some similar grant or some similar power from this Government. Of course the panish grant is utterly worthless to these Spaniards unless it has the assent of this Government. Now, it is necessary, in order to put these parties in a condition even to negotiate, to have them some exclusive privilege. I see no objection to it. The committee examined the subject very carefully” and for fear that some objector might arise against this exclusive privilege, they inserted the 3rd section reserving to Congress the right at any time to alter or re eal this bill. I can see no dangerous monopo y or dangerous privilege or dangerous thing in it. hope the Senate will pass the bill as the committee have reported it.
Mr. GUTHRIE. I think this bill requires a good deal of consideration. Every State along the Gulf has as good a right to grant a charter of this kind as NewYor has. The are nearer to the West India islands, and it will cost less to build a line from those States unless this company intends to select some company down there. To a certain extent we have not given up all hopes of State rights down there, and NewYork would have no right to go there, even with the authority of this Government, and occupy any portion of those States without the consent of these States. Then it is granting also a monopoly of all this telegraphie intercourse for 25 years, and have no doubt before 25 years have elapsed 2 or 3 lines willY be needed to Cuba, if it is found practicable to construct such lines. I shall vote against this measure, not only on the ound of a want of power in Congress to pass it, but because I doubt the expediency and pro riet of ntingvsuch a monopoly.
Mr. FESSENDHH. I concur entirely in both the points taken by the Senfrom Iowa with regard to this bill, and also with the suggestion made by the Senfrom Kentucky. The bill is remarkable in its provisions. It gives to this company— the sole privilege, for a period of 25 years, to lay. construct, land, maintain, and o icrate telegraphic or magnetic lines or cables in and over the waters, reels islands. i=lioreus.ndlantls over which the U.S. have jurisdiction, from the said U.S. totheislandsof Cuba and the bahama s, either or both and other West India islands. It ves, therefore, to a corporation establishe by NewYork the entire control of all Operations by magnetic telegraph from this country to l the islands of the West Indies for 25 years.
Mr. SpERMAN and to South America, because you will have to land at some of these islands in order to establish telegraphic communication with South America.
Mr. FESSENDEN. Very well; that makes it still more improper. It is useless to say that we retain the power to alter or amend this bill at any time, because when a contract of this kind is made everybody knows that if we attempt to interfere with it it will be thrown in our face at once that they have gone on, on the faith of this legislation, and established a telegraphic line at a great excase, and we never could re eal it: it would e out of the question. Now take it, in the course of 25 years, from the advance of enterprise of this kind, that we might have a dozen or perhaps more of these lines, and would need them in different positions; and here we are tying up the ban s of Coneress for no reason in the world. The next provision is that we will not exact any duties or charges upon any material necessary for the construction of this cable provided we have the right during a state of war to transmit messages over the telegraph free. In how many years do we calculate to be at war with any foreign nation or anybody else?
Mr. JOHNSON. Isit proposed to give them the exclusiveprivilege for 25 years?
Mr. FESSENDEN. Yes, air; and then that we allow them to import, free of duty. all material, manufactured or unmanufactured, necessary for the construction of the cable, provided that they shall transmit the messages of the Government of the U.S. during the time of war free of charge. Everybody knows that that is merely a nominal consideration. We are introducing an idea into this bill that Congress has always been very careful about. We refused during the last Congress, even in the case of people who were importing clothing and other things for the special use of the troops, &c., to remit the duties upon them. We would not break in upon our revenue system. It will be exceedingly dangerous if we attempt to do it in this case. If this company wants to erect a telegraph line, it is very proper, if the leave of Congress is necessary, to give them leave to use such parts of the shore as they can get entitled to; but the idea of conferring privileges of this description in the 1st place, tyin up the hands of this great country with regar to telegraphic communication with the West India islands and South America, for 25 ears, confining it to this company in NewYork, when, as the Senfrom Kentucky sa s, there may be other companies establishe in other States, and then also to remit the duties giving them this start, on the nomi nal consideration of transmitting messages in time of war, strikes me as very astounding. certainly should be opposed to both sections most decidedly and thoroughly. I hope the Sen ato will not think of passing a bill of this kind.
Mr. CHANDLER. I suppose it is well known to the Senfrom Maine that but about one in 5 cables proves effective; that about 4 out of 5 of all the marine cables that have been laid have proved failures. Mil lions upon millions of dollars have been sunk in this way. It has been the policy of every commercial Government to aid, in every possibleway, telegraphic communication, steamboat lines, mails, conveyances, and commerce. It has been the custom of the British Governmentnt, from the time that the telegraphic system was invented, to encourage its citizens in laying telegraphic cables everywhere. The British Government has appropriated millions of dollars as subsidies to sue coin panics. Here a company proposes to construct a cable without a subsidy, without any elee niosynary aid, simplyl asking the exclusive privilege of operating this line for the period of 20 years, because they think it. will take them 5 yearstolay their cable. I think that in a commercial point of view it will be of im mense benefit to the people of the U.S. The city of NewYork is more interested in this than perhaps any other city; butthe cities of Baltimore, NpewOrleans, Philadelphia, Bos ton, and wherever they have commercial intercourse with the West India islands, with one united voice ask Congress to grant this privilege to this company, provided they will lay the cable. I care nothing about permitting this wire to come in free. If the Senfrom Maine makes apoint on thatprovision, letit be stricken out; but it seems to me unjust to require of this company to pay a duty upon cable to be laid outside the limits of the U.S., to wit, between the shores of Florida and the shores of Cuba; but I care nothing about that.
Mr. FESSENDEN. Unless they bring it inside of the country we do not impose the duty.
Mr. CHANDLER. They must land it here or in Cuba; they must land it somewhere; and the committee thought it no more than right, proper, and just to remit thatduty, because the cable was not used in the U.S. Iain not disposed to make a point on that. If the Senator thinks they ought to ay a duty on a cable laid across the Gulf of Mexico, so be it; strike out that clause. I think it would be unjust to compel this company to do it. I am in favor of offering every acili to this and every other company, either stcains ip or telegraphic, or any other that will facilitate and benefit the commercial interest of the U.S. I am astonished to hear opposition coming from a State which has more commerce than per haps any other State in the Union save one. The State of Maine has 1,000 fold more interest in this matter than all the northwestern States put together.
Mr. CHANDLER. Will the Senator suggest an amendment? You may confine the bill to the Florida Keys, if you see fit, or you may confine it to the Gulf of Mexico, if you see lit. The idea that you are going to tie up every navy yard along the Atlantic coast is absurd. It is perfectly well known that it is about 100 miles across from the lower part of Florida to the island of Cuba, and that from the city of NewYork to Cuba it is perhaps 1800 or 2,000 miles. It is absurd to talk about laying a cable from any of the navy yards alon the Atlantic coast.
Mr. CLARK. I will move one amendment if the Senator will allow me.
Mr. CHANDLER. Certainly; it is open to amendment.
Mr. CLARK. I move to strike out the word "sole" in the 5th line of the 1st section.
Mr. CHANDLER. That kills the bill. If you want to kill the bill, that is all right. If the Senate do not want a telegraphic cable laid, of course they will strike out the word “sole.” If that amendment should be adopted I shall ccrtainl abandon the bill. The PRESIDENT protemore. Does the Senfrom NewHampshire move that am ond—ment to the amendment reported by the committee? 1
Mr. CONNESS. If, as the honorable chair man of the ComCommerce has said, striking out this word “sole” strikes the soul out of this bill, then it is not much of a bill. I think it would be rather a scandalous proceeding for the Congress of the U.S. to grant an exclusive privilege in telegraphing for 25 years at this point of time. There are no men in the U.S. to whom I would vote to make such a grant. Telegraphing has reached too advanced a point, I think, that we should make so dear a bi forits extension as that would be. The period of exclusive privileges oughtto be considered also as having passed, an we should not repeat them here. There are no such difficulties in the way of the construction of this proposed line of tele graph as should demand of the U.S. a grant of the sole and exclusive privilege for a quarter of a century. We have approposition now before us, presented by the honorable Senfrom Missouri, [ML Bsown,] which has been somewhat considered by one of the committees of this body, and which now by a res olution of the Senate has been sent to the PostMGenl of the U.S. that he may enlighten us by the presentation of data. as to our course upon the proposition submitted. What is it? It is to inquire into the propriety and necessit of making the whole the egraphic system of the U.S. a Government agency, a lightning1 postoffice; and pending that proposition, which is 9.ete in advance in the has of progress, supports by very good reasoning indeed, this proposition comes in here, I am sorry to say, recommended by the enlightened and always liberal chairman of the ComCommerce of this body, and who is so generally safe in his legislation, to grant a sole and exclusive privilege to a company for a quarter of a century. Iwill not consumet he time of the Senate bv arguing the matter further. I shall vote for striking out the word “ solo,1 and if that destroys the body of the bill I“ do tunatc—
Mr. CONNESS. My friend suggests concatenations. I accept the word; ono of the unfortunate concatenations of the bill.
Mr. CLARK. It is very evident that some members of the ComCommerce did not understand the bill as it was reported, and I am entirely willing to withdraw my amendment in order to have it perfected, and I will either move to refer it back to the ComCommerce, or let it be postponed until it can be fully considered.,
Mr. CHANDLER. I will accept the amendment suggested by the Senfrom Maine.
Mr. CLARK. Though the Senator may be willing to accept it, it may not be entirely acceptable to the Senate, and I desire to have the bill framed so as to be acceptable to the Senate." It seems to me we cannot deal with so important an interest as this in this hasty way. I will thercfore withdraw my amendment, and move to recommit the bill to the ComCommerce. The motion to recommit. was agreed to.
###HOUSE OF REPRESENTATIVES. Moron, February 26, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Bovxrox. The Journal of Saturday last was read and approved. REPORTS OF COMMITTEES. The SPEAKER proceeded, as the 1st bus iness in order, to call the committees for reports to go upon the Calendar, and not to be brought back a motion to reconsider. No re 0rts were presented. The S EAKER announced, as the next business in order, the call of States for the introduction of resolutions and of bills on leave, commencing with the State of Michigah, where the call was arrested on last Monday, and pro— ceeding in inverse order. runsnnsss BUREAU.
Mr. BEAMAN introduced a bill to continue in force and to amend an act entitled “ An act to establish a Bureau for the Relief of Freedmen and Refugees, and for other purposes;” which was read a 1st and 2nd time, referred to the select committee on freedmen, and ordered to be printed. ARTIFICIAL LIMBS.
Mr. TROWBRIDGE submitted the followin resolution; which was read, considered, an agreed to: Whereas it is reported that many of the artificial limbs which have menfurnished to our soldiers and sailors who have beenerippled in their countrysser vice are of an inferior make and quality, and are so defective that little if any penefit is derived thoro from by and soldiers and salon and in “modem thereof many of them are compelledto resort to the pseoferutchcs in placeofsaid artificial limbs: Thore ore, Resolved, That the ComMilAffairs be instructed to inquire into the truth of and reports, and if foundto be true. that they report what further legislation or action, if any, is necessaryin the prem ises. CONTRIBUTIONS BY DISLOYAL CITIZENS.
Mr. McCLURG submitted the following res olution; on which he demanded the previous question: Whereas it is the opinion of this Housethat the continued contumaey in the sceedinir States renders it necessarto exercisecongressionallegislation in ordor to give the loyal citizens of those States protection in their natural and personal rights enumeratedin the Constitution of the U.S., and,in addition L thereto. makes it necessaryto keep on foot is.large standing army to secure the present oi oyinent of those rights. tomaintain the authority of the national Government and to keep the peace: and wherens the:ountryis already heavi y burdened by a war debt in curred to defend the nationality against an infamous rebellion, and it is neither just nor politic to inflict this vastadditional expenseon the peaceful industry of the nation: Therefore, lbw veil, That it bereferred to the JtCommee of15 otthe Senate and House to ascertain whether such contumaey be clearly manifest, and if so to in uiro into the expediency oflevyimr contributionson the disloyal inhabitants of such sceeding States, to defra the extraordinary expenses that will otherwise be imposed on the General government; and that said committee be instructed to report by bill or otherwrse.
Skip Skip Mr. FINCK. laid on the table. Mr. GRIDER. the eas&nays. iMr. FINCK called for tellers on ordering the yeas and nnys. Tellers were not ordered. The Yeas&nays were not ordered. The ease divided; and therewere—ayes22, noes 49; no quorum voting. The SPEAKER ordered tellers; and appointed Messrs. FlNC l and McCuzao. Mr. SCHENCK. If the House refuse to lay the resolution upon the table, will it not be in order to refer it without further action? The SPEAKER. It will if the previous question be not 2nded. The House again divided; and the tellers reported—ayes 22, noes 71. So the resolution was not laid upon the table. Mr. ELDRIDGE. I demand the yeas&nays notwithstanding they were refused, because there was no uorum in the House when they were demanded. The SPEAKER. The Chair overrules the point of order on the ground that the yeas&nays can be called without a quorum bein present. The Constitution says that one 5th of the members present may order the yeas&nays; a quorum, therefore, is not neeessar. he previous question was not seeonde Mr. SCHENCK moved that the resolution be referred to the ComReconstruction without instructions. Mr. FINCK demanded the yeas&nays. The ess and na 5 were ordered. Mr. offiNS emanded the previous question on the motion to refer.
Mr. LATHAM. I was under the impression that the resolution went to the committee under the rules.
The SPEAKER. The Chair thinks clearly it does not, as it relates to taxation.
Skip Skip The previous question was 2nded, and the main question ordered. Mr. SPALDING. If Iunderstand the effect of the motion of my colleague, it is to refer the resolution without it. being adopted by the ease. I am in favor of that. The question was taken; and it was decided in the a rmative—yeas 102, nays 27, not voting 54; So the resolution was referred to the ComReconstruction. During the vote. Mr. COFF ROTH stated he was paired with Mr. Ursos. The vote was then announced as above recorded. ADDITIONAL CLERK FOR SERGEANT AT ARDIS.
Mr. ANDERSON submitted the followin resolution; which was read. considered, an referred to the Committee of Accounts: Resolved,That the Sergeant at Arms beauthorised to employ an additional clerk in his odicc. ASSOCIATED PRESS.
Mr.WASHBURNE,of Illinois. Mr.Speaker I submit a resolution that the Speaker shall assign a desk upon this floor to Mr. Hayes, the reporter for the Associated Press. It is for the benefit of us all the reporter shall be where he can see and hear all that is going on, so that he may make his abstract correctly.
The Clerk read, as follows: Resolved,That the Speaker assign a desk upon the floor of the House to Henry G. Hayes, reporter for the AssociatedPress. There was no objection. The resolution was adopted.
Mr. WASHBURNE, of Illinois, mtRtv the resolution was adopted;. upou the table. Agreed to. SUGAR MACHINERY.
Mr. WENTWORTH introduced a bill to provide for admission duty free of certain machinery into the U.S. for the period of 2 years; which was read a 1st and 2nd time, and referred to the ComWays&Means. NAVY YARD AT MOUND CITY.
Mr. KUYKENDALL introduced a bill to establish a navy yard and depot at Mound City, in the State of Illinois; which was read a 1st and 2nd time, and referred to the ComNavAffrs. BOUNTIES and WAGES WITHHELD.
Mr. HARDING, of Illinois, introduced the following resolution; which was read, considered, and agreed to: Rymlved, That the ComMilAffrs be ii istructedto inqnirc and if expedient in their opinion. report at an early day a bill to pay to odi eerl and soldiers who have served in the Army of the U.S.,and to their heirs,if deceased.all wagesand bountiesWithheld from them by reason of the jurlgment of any court martial or of any Military order. which, by proper authority, has beenset aside; and also in all caseswhere bounty and wages exceedin onemonths ay are withheld in pursuance offisaidiu gmentsor ordersupon conviction for mine r offenses. CLERKS OF COMMITTEES.
Mr. ROSS submitted the following preamble and resolution: Whereas there is a deep and profound anxiety on the part of the tax payers that the expensesof the General Government should be reduced as much as possible,compatible with the public interest: There ore. Bait r solved,That the standing and selectcommitteesof of House havm clerks for and committees be and they are hereby, instructed to report to the Houseat an early daywhethera clerk is. in the judgment of said committee,necessaryfor the transaction of itsbusiness: what portion of the timh of the clerk is occupied in the necessary and legitimate businessof the committee,and what portion in attending to the private businessof the members.
Skip Skip Mr. ROSS. I demand the previous question on the adoptionof the resolution. Mr. ASHLE, of Ohio. I move to lay the resolution on the table. Mr.RANDALIj, of Pennsylvania. On that I call the ycas&nays. The ycas&nays were ordered. The question was taken on the motion to lay the resolution on the table; and it was decided in the negative—yous 45, nays 83, not voting 56; So the motion to lay the resolution on the table was disagreed to. The question then recurred on seeonding the demand for the previous question. Mr. WASHB JRNE, of Illinois. This is a matter that ought to be examined by the committee of Accounts. The SPEAKER. Debate is not in order. Mr. WASHBURNE, ofIllinois. Ihope they will have an opportunity to examine it. The question being taken on 2nding the demand for the previous question, no quorum voted. The SPEAKER ordered tellers; and appointed Mr. Ross, and Mr. Asnurv of Ohio. The House divided; and the tellers reported —ayes 68, noes not counted. So the previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. WENTWORTH. mtRtv the House agreed to the res olution; on the table. Agreed to. TAX ON SALES.
Mr. THORNTON. I ofier the following res olution, upon which I demand the previous question: Resolved.That the ComWays&Means be instructed to inquireinto the expedienryof so amending soction 98 of the act of June 30.1864, entitled “An act to increase the duties on imports and for other purposes," that judicial or executive oficers making so es by virtue of iuudgment or de ereepf any court, arid also unrdians. executors or administrators making sales y virtue of their office. may employ auctioneersto make such sales without. any liabili t upon such auctioneers to pay the tax on salesprovied for in said section.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the resolution was agreed to. Azuzoum. Mr. HARDING, of Illinois, submitted the following resolution; which was read, considered, and agreed to: Resolved. That the ComInvalidPens be instructed to inquire into the expediencyof making to A. Ziegler. of Port Byron. Illinois. a donation for sending 7 sons into the Army of the U.S. to quell the late rebellion. EQUALIZATION OF BOUNTIES.
Mr. ORTH submitted the following preamble and resolution; which were read, considered, and agreed to: Whereas a discrimination in the distribution of bounties caemoofntgh the soldiers. seamen, and marines in Government during the recent re subject—noaw discrimination tudeisotfatshteefsuelvtoertahleactson this American people and unjust to those gallant menwho by their valor lhnve crushed armed treason: Therefore. Be]! Rem tied.That it is the sense of this House that ln chin justice be speedilyromedied and that the ComMilAffrs are hereby instructed to report at an early day a bill providing for the equalization of such bounties.
Mr. (pltlH mtRtv the resolution was adopted; upon the table. Agreed to. HARLAND RICHARDSON.
Mr. DUMONT introduced a bill for the relief of Harland Richardson, latea 2nd lieutenant of company F, 19th regiment of Indiana volunteers; which was read a 1st and 2nd time, and referred to the ComMilAffrs. QUALIFICATIONS OF ELECTORS.
Mr. DEFREES offered the following resolution, upon which he demanded the previous question: Resolved.That it is the opinion of this House that Congress has no constitutional right to fix the qualifications of electors in the several States.
Skip Skip The question was taken on 2nding the previous question, and there were—ayes 40, noes 58. So the previous question was not 2nded.
Mr. WILSON, of Iowa, rising to debate the resolution, it went over under the rule. TAX ON LEGAL DOCUMENTS.
Mr. KERR. I offer the following resolution, upon which I demand the previous question: Whereas the provisions of the internalrevenuelaw of Iuno 30.ISM. in section 170. under head of "legal documents."which require certain kinds of groccss and legal documentsused in the courts of the States to be stamped.have been held by the highest courts of severalStatesto be unconstitutional and void: and whereas they are at least of doubtful validity and in effect impose a tax on re dress which ought always to be as free as possible: Therefore Resolved.That the ComWays&Means boinstrncted to consider the propriety of repealing said pronsions and that theyreport by bill or other wrse.
The SPEAKER. The morning hour has now expired, and the resolution Wlll go over until next Monday. EXECUTIVE PRINTING.
The SPEAKER, by unanimous consent, laid before the House a communication from the AttyGen under date of February 21, 1866, in response to a resolution of the HoRep, stating that his Dept ad incurred no expense for aper except for stationery, neither had ita vertised, or had any printing done outside of the Government Printing flice. The communication was referred to the ComPrintg. REPRESENTATIVE FROM NCAROLINA.
The SPEAKER also, byunanimous consent, laid before the House the credentials of Alexander H. Jones, a Representative elect from the 7th congressional district of NCarolina; which were referred, under the rule, to the JtComReconstruction. RESOLUTIONS of VIRGINIA.
The SPEAKER also, by unanimous consent, laid before the House a communication from Governor Peirpoint, of Virginia, transmitting resolutions of the General Assembly of Virginia, in relation to direct} tax levied in 1861 Sly the Congress of the U.S., and now being collected in Virginia; which were referred to the ComWays&Means. VACANCY ON A COMMITTEE.
The SPEAKER. The Chair would state that a vacancy has occurred in the ComAppropriat in consequence of the action of the IHouse on the Indiana contested election case, and that the Chair has Qpointed Mr. NIELACK to fill the vacanc.
Mr. NIBLACK. It wilfbe out of my power to discharge my duties on the ComAppropriat, and also on the ComClaims, ofwhich [am a member. I therefore ask to be excused from further service upon the ComClaims. Leave was accordingly granted.
The SPEAKER. appointed Mr. WASHBURN, of Indiana, to fill the vacancy upon the comClaims, caused by excusing Mr. NIBmex from further service upon that committee.
Skip Skip Petitions and MEMORIALS.R. CONKLING. I desire to present a petition signed by Lieutenant GenlGrant, iIajor GenlHoward, and others. As it is a short one l ask that it may be read.
The Clerk read the petition, as follows: 15 the honorablethe Senate and HoRep in Congress assembled: Your petitioners respectfully represent that section 24 ot the act to amend the laws pertaining to the postoffice Dept. it proved March 3, 1863.provided that all matter wholly or partly in writing. Unless otherwise specially provided for shall be subicct to letter postage; and they further repre sent that certain ornamental records of the personal servicesof Federal soldiers and otheersare now extensively published, such records being composed partly of printed and partly of written matter and known as the “Soldiers Individual Memorial," of which the accompanying sheets are specimens: that under this act and section as aforesaid. the soldiers and their friends are compelled to my letter postage onallsuch memorials sent throught iemails.iilthough they contain no private communications.but simply a record to perpetuatethe memoryof thosewho have periled. if not yielded. their lives for a common country. Therefore your petitioners pray that so much of said net may berepealed or such a special not be passed as to permitsuc memorialsto pussthroughthe mails upon the payment of usual postageon printed matter. WASBINE TON. February 5. 1865.
Mr. CONKLING. I hold in my hand a specimen of what they send to our soldiers. Members can see what it is. I move that the petition which has been read he referred to the comPostOffice, with leave to report upon it at any time by bill or otherwise.
Mr. SPALDING. I have no objection to the reference; but I object to giving the committee authority to report at any time.
Mr. conKLING. My object is toget action at once, to the end that these sheets, containing the likenesses of deceased soldiers, may be transmitted presently through the mails by paying the postage charged on printed matter, the writing consisting merely of the name of the soldier and the time of his death.
Mr. SPALDING. I have no objection to the reference.
Mr. CUNKLING. I move to suspend the rules for the purpose I have indicate.
Mr. FARhSIi ORTH. I would ask when the comPostOffice willprobnbly be called again.
The SPEAKER. That committee may not be again called for 2 months, as it has just been passed, and the other committees are proceeding with their reports slowly.
Skip Skip The question was then taken on suspending the rules, and 2/3rds voting in the afliimatve, they were suspended; and the petition was accordingly referred. Mr. CONI LING mtRtv the House referred the petition to the ComPostOffice& Roads; upon the table. Agreed to. soLniizns and SAILORS oaruassnous.
Mr. SCHENCK. I wish to ask the House to consider a subject which appeals at once to the gallantry and the humanity of the House. The ComMilAffrs have had before them a petition from Mrs. Grant, Mrs. Sherman, and other ladies, directors of the National Home for Soldiers and Sailors Orphans, of Washington city. I am instructed by that committee to report back that petition with a JtResolution, upon which I am directed to ask the immediate action of this House. The JtResolution was read at length. It authorizes the SecyWar to deliver to the lady directors of the National Home foF city, for the use and aid of that society in its benevolent objects, such blankets, bedding, and other furniture and articles as may be proper for their purpose, and as are now on Iran in the stores of the Surgeon Generals Dept and no longer needed on Government account; the Secretary to determine, at his discretion, the specific amount and character of stores thus to be provided, and of which due account shall be taken.
Skip Skip The JtResolution was read a 1st and 2nd time, orderengross and read a 3rd time; and being engrossed, it was accord ingly read the 3rd time, and passed. Mr. SCHENCK mtRtv the pointresolution was passed; on the table. Agreed to. HON. MR. CRESWELLS ORATION.
Mr. STEVENS, by unanimous consent, sub mitted the followin resolution; which was referred, under the aw, to the ComPrintg: Resolved.That 30,000 peopiesof the address of the Speaker and the eulogy on H. W. Davis. de livered by Hon. J. A.J.CREsw1:Ll., on the 22dinstant. be printed for the useof members and that the same be printed in the Globe. MANITOWOC HARBOR, WISCONSIN.
Mr. SAWYER, by unanimous consent, sub mitted the following resolution; which was read, considered, and agreed to: Resolved. That the Committee onCommercebe instructed to inquire into the expediencyof Congress making an appropriation for th o improvement of Manitovme harbor. on lake Michigan. State of Wisconsm and report by bill or otherwise. E. W. EDDY.
Mr. ANCONA. I ask unanimous consent to report from the ComMilAffs 9. bill relative to the estate of E.. Eddy. The bill was read for information. It proposes to authorize and require the accounting officers of the Treasury to allow to the estate of E. W. Eddy, late paymaster in the U.S. Army, a credit of $200,000, the amount of public funds in his hands as paymaster on board the steamer Brother Jonathan, lost by the wreck of said steamer on the 30th day of July, 1866, 05 the coast of California.
Mr. WASHBURNE, of Illinois. I object. I do not desire that these private claims shall be brought in in this way.
Mr. CHANLER. I ask unanimous consent to introduce a resolution.
Mr. BRANDEGEE. I object. I suppose the Gentfrom N NewYork knows the reason.
Mr. BRANDEGEE. Because the gentleman refused to extend the some courtesy to me the other day.
Mr. CHANLER. The gentlemans dis courtesy has no precedent in anything that I have done. Rionrs of CITIZENS.
Mr. BINGHAM, from the select JtComReconstruction, reported backa jomt resolution (H.R.No.s63) pro osing an amendment to the Constitution of the U.S. The JtResolution was read, as follows: Resolved the Senate and HoRep: of the U.S.A. in congress assembled (2/3rds of both Houses concurring.) That the following article he proposed to the Legislatures of the several States as an amendment to the Constitution of the U.S.,which. when ratified by lb". Soldiers and Sailors Orphans, of Washington 4ths of the said Legislatures,shall bevalid aspart of said Constitution. namcly: ARTICLE —. The Congress shall have powerto make all laws which shall be necessary and proper to secure to the citizens ol cach State all pnvrleges and immunities of citizens in the soverul States,and to nll personsin the several States equal protection in the rights of life, liberty, and property. I
The SPEAKER. Does the gentleman surrender the floor absolutely?
Mr. BINGHAM. I yield to my colleague on the committee, the Gentfrom NewJersey, [Mr. Rooms,] and I yield the floor 9 absolut for the present.
Mr. CHANLE. I he of the Gentfrom NewJersey will yiel to me before he resumes his seat.
Mr. BINGHAM. The gentleman totally misconstrues what I have said.
Mr. ROGERS. Wait until I have finished lthe point I have commenced. I say that the gent eman takes the position that there is noth iing in this propose amendment with regard to privileges and immunities of citizens of the several States attempted to beingrafted in the instrument, except those which already exist in it. If those ri lits already exist in the organic law of the and, I ask him, what is the necessity of so amending the Constitution as to authorize congress to carry into effect a plain provision which now, accordin to his views, mheres in the very organic law itself? I know what the gentleman will attempt to say in answer to that position: thatbecause the Constitution authorizes Congress to carry the powers conferred by it into effect, privileges and immunities are not considered within the meaning of powers, and therefore Congress has no right to carry into effect what the Constitution itself intended when it provided that citizens of each State should have all privileges and immunities of citizens in the several States. 4 Now, sir, the answer to that argument is simply this: that when the Constitution was framed and ratified, its makers did not intend to lodge in the Congress of the U.S. any power to override a State and settle by congressional legislation the rights, privileges, and immunities of citizens in the several States. That matter was left entirely for the courts, to enforce the privileges and immunities of the citizens under that clause of the organic law. Although our forefathers, in their wisdom, after having exacted and wrested from GreatBritain State rights, saw fit to incorporate in the constitution such a principle in regard to citizens of the several States, yet they never intended to give to Congress the power, by virtue of that clause, to control the local domain of a State or the privileges and immunities of citizens in the State, even though they had come from another State.
Mr. KELLEY. I understand the gentleman to suggest that one reason why the Constitution should not be amended is, that the President fears that so many propositions of amendment will make the instrumentas common use town meeting resolution. I desire to ask him whether the President is not the same AndrewJohnson who, when a Representative in Congress, submitted no less than nine amendments to that sacred instrument in one session?
Mr. WASHBURN, of Indiana. I call the gentleman to order; he is addressing the gal lgeriesand not
Mr. ROGERS. I have great respect for the Chair, and if I turned my back it was not from disrespect.
Mr. KELLEY. If the gentleman will allow me I will show we are not either oppressed or in any of the dangers that the French people were from Bonaparte or any other revolution ar character.
Mr. KELLEY. I ask to read 8 lines from a book I chance to have in my hand at the time. I will make no other speech. It is Thierss description of Bonaparte after his return from Egypt. " The generalhad not been abovea week in Paris when the management of affairscame almost involuntarily into his hands. In default of his will, which as yet was nothing.he wasaskedfor hisopinion. On his part. heatiocted with his usual reserve, to with dorbajewcth.imTsheelfrfer womertch maan sysiwdhuoitm ichsoefrwefhuiscehdhtoeswcacs;th he showed himself but little, and went abroad only. as it were, by stealth. His face hadbecomcthinuer and his complexxondarker. He worc. Since his return, a gray frock coat and a Turkish saber fastenedto a silken cord. Tothose who hadbeen fortunate enough tu ohtain a sight of it, this was an emblemthat re miudedthem of theEast, the Pyramids. MountTabor and Aboukir. The officers of the garrison the 40 apillaiuctea.ndtessoirfethdetonbaetiporneaslegnutaerdd and the staff of the to him. He delayed rferogmret day to day and seemedto lend himself Will] everytthoinal.l bthuits as oymet 6opHeene listened, he observed his mind to none. This was conpolicy. When a man is necessary.he iced not be afraid to wait. He irritates impatience of people; they hastentohim and he has nothing to do but to choose." ThiersaHut. French Revolution, vol. 5.pp. 411, 412. Loudon.1838. Our Bonaparte does not; wait.
Mr. ROGERS. We have no Bonaparte. We have a pure man. We have a man who came from the humble walks of life, aman who has never been bound down by the aristocracy, a man who is the embodiment of civil liberty, who believes that this Government was made for the benefit of white men and white women.[ Applause in the galleries suppressed by the Chair] In regard to this committee, I say that a more fatal and bloody tyranny did not insult humanity when Louis XIV proclaimed his edicts than through the operation of that committee is stalking forth over this country. The Emperor Tiberius harbored no more vengeance toward the Roman people than do the radical portion ot This committee toward the liberty and rights of the people of America. When Charles sent his legion of soldiers to the British Parliament to arrest members of that body, he did not defile liberty more than is proposed to be done by these constitutional amendments in sweeping away the civil, religious, and political rights of the people of the States.
Mr. RANDALL, of Pennsylvania. Will the gentleman yield?
Mr. RANDALL, of pennsylvania. The gentleman has stated that tyranny, such as never before has been known in our country, has been exercised by the committee offifteeu. Idesire to ask whether he is at liberty to communicate to this House the character of that tyranny? What. are the doings of the commitee which he thus characterizes?
Mr. ROGERS. I am privileged to speak no further about it. than what has already taken place. But if the gentleman will look at the amendments to the Constitution and the concurrent resolution declarin these 11 States out of the Union, and requiring an act of congress to admit them, depriving by an amendment a State from paying its own ebt, depriving the States of representation unless they grant unqualified suffrage to iicgroes, and this present JtResolution, all reported from this committee, and the assertion of the honorable chairman [THADDEUS STEVENS] that the coin mittee had determined to admitthe Tennessee delegation until the President used his constitutional power of veto, he will find the character of tyranny to which I refer. It is more than tyranny. It is treason to the Constitution, because it dissolves the Union. This concurrent resolution has done more than all the armies of teSouth were able to do. It drives 11 States out of the Union, and it destroys the representative character of our Government; The object of the committee is to compel these States to accept these despotic amendments before they sha l have representation. I ama member of that committee, but it shall not seal my mouth. I hope no southern State that ever had independence will ever ratify such laws. Before I will see the liberty of the people trampled down through fanaticism and the Union destroyed by Radicalism I am willing to resort to arms as our fathers did to defend our liberty and our Union.
Mr. RANDALL, of Pennsylvania. Will the gentleman allow me to ask a question?
Mr. RANDALL, of pennsylvanin. the gentleman has stated that he is not at liberty to state anything in reference to the action or conduct of that committee, which he characterizes as tyrannons. Now, sir, I ask the reason why he is not at liberty to communicate that; whether any additional secresy has been imposed upon him by that committee in their proceedings for the consideration of Congress.
Mr. ROGERS. Enough has already been said upon what the committee have reported to show what it hasdone. Did not the honorable Gentfrom Pennsylvania, [Mr. Stevens] a man for the honesty of whose opinions [have great respect, although I disacree with him, say the other day that because the POTUS, in the exercise of constitutional power had seen fit to put his veto upon an odious and despotic act of this Congress, the committee had changed their mind upon the question of allowin the gallant, loyal members from the State of ennessee to take their seats in this Hall? Why, sir, what is despotism, what is tyranny, what is disunion, unless such conduct as this constitutes them, conduct that obliterates from our flag 11 stars, representing 11 States in the American Union? What more could secession, rebellion, insurrection, invasion, and revolution do I I do not speak in disrespect of the members of that committee as individuals, but am condemning their political action, which is fairly open to the criticism of any member. I feel it my duty to warn the people of the dangers emanating from this star chamber committee.
Mr. KELLEY. I desire to ask the gentleman a simpleuestiou. I
Mr. KELLEY. The gentleman says that the committee proposes to prevent the States from pay ng their debts. I desire to ask him what debts it is proposed to prohibit the payment of.
Mr. ROGERS. It is proposed to prohibit the States from paying the debts they contracted in aid of the rebellion. I would not have one cent of it paid by the Federal Govern ment, because it Would have no right to do so and it would be an outrage to do so. My ground is, that each State is sovereign upon the question of its debts. There is no more sacred right in any State than the right to say what debts it will ay, to whom it will pay them, and when and iow it will pay them; and an amendment to the organic law for the purpose of preventing aState aying any debt it pleases is but the emblem of despotism and t rauny. Congress has no power, by an amendment to the Constitution or otherwise, to prevent NewJersey from paying anv debt shc eases.
Mr. KELLEY. I beg leave to ask the Gentfrom NewJersey whether the State of NewJersey contracted any debt in support of the socalled confederacy?
Mr. ROGERS. I hope the gentleman does not intend to insult me. If I was in a southern State I should oppose its paying the rebel debt. ButI am talking about the power of the Federal Govei iiment and the rights of the States. lfa southern State sees fit to ay a rebel debt, it is no business of all or any oil “the other States, or of the congress or Federal Government.
Mr. KELL Y. I only ask the gentleman because he insists that we want to prevent NewJerseyfrom paying her debts.
Mr. ROGERS. I used that argument to show that NewJersey stands in the Union the same as SCarolina; that NewYork and Pennsylvania have no more rights in the Union than SCarolina has, and that SCarolina has as much right to be represented here, and to have her Representatives admitted, as Pennsylvania, NewYork, or NewJersey has.
Mr. ROGERS. That is my doctrine, whether my Democratic brethren subscribe to it or not. Some policy ones may not; I do not know. 3 different views are entertained in this House upon the status of the socalled confederate States. One view is, that the confederate States are in the condition of conquered provinces, subject to the control of the Congress the same as the Territories. Another view is, that they are in the Union, and possess the right. of local and domestic legislation, but have not absolute right to demand representation in congress without conditions and qualifications. Another view is that they are in the Union and States in the flillest sense of the term, and have a positive right to representation in Congress. To this latter view I subscribe with all my heart. I concede that the 1st view of this case is alogical one, if the premises are correct. But there is nothing logical in the middle view. If they are States in the Union for any purpose they are entitled to all the rights of the other States, North or South. The Constitution is based upon the equality of the States, and there can be no such thing as a State being in the Union without the rights of the other States. My ground is that when a Representative from Virginia or Tennessee or SCarolina goes to
The SPEAKERs desk with all the muniments of a regular election, having been duly elected according to law, he is entited to have the oath submitted to him that is laid down in the constitution I mean the oath to support the constitution of the U.S and another oath put to any man is worth no ir an the oath put by the highwayman to the islan whose purse he emands and whose life he attempts to take on the highway, that he will no oll of it. There are only 2 conclusions: t. thlS war has broken up the Union and {alien the States out, or else it has kept the " ss in the Union. If the States are in the Union, if they are a part and arcel of the Federal Union, what authority is there in the Constitution to impose different qualifications and obligations upon their Representatives from those laid down in the Constitution of the U.S.?
Mr. McKEE. I wish to ask the Gentfrom NewJersey if he is in favor of nullifying a law of the national Congress before the constitutionality of that law has been decided by the rolper tribunal?
Mr. ROGERS. No, sir; I am not for an nulling a law of Congress. I am for standing by a law until that law is decided illegal by the highest court of the U.S. But I have a right, as a representative of the people, to stand here and protest against laws that I believe to be unconstitutional, and I believe that the oath administered here is worth no more than the Jacobin oath of France or the oath of Charles I. It is only such tyranny as thatthat keeps these States out of the Union, and until you repeal the law imposing that odious test oath, you can never expect that the Representatives of all the States can take their seats in this House. That oath of itself is an indirect way of depriving the States of representation. The worst is species of tyranny in the Old World was imposed on the people y virtue of odious and wicked test oaths. The President in his speech as s that a man who takes the oath to support e Constitution must necessarily be loyal. You have just as much right to deprive a State of representation entirely as to compel it to send such members as can honestlyitake that oatll. The Constitution defines the crime of treason, and the penalty is death. NOsuch penalty as this test oath is known to the law for the commission of treason. If Congress can add to the oath directed by the Constitution, it can do away with it altogether. The power to add to necessarily gives power to diminish.
Mr. McKEE. Will the Gentfrom NewJersey [Mr. Roosss] yield to me for a single other question?
Mr. McKEE. As the gentleman is not in favor of nullifying laws until they are decided by the proper tribunals to be unconstitutional, then I would ask the gentleman how the Rep Representatives from SCarolina are to be got into this House before we have such a judicial decision I
Mr. ROGERS. The way to get them into the House is to repeal the law; to declare here, in a spirit of Christian magnanimity, that these restrictions shall be removed; that we will act toward them like brethren, remembering that their fathers and our fathers died on the battle fields of the Revolution to achieve our independence. If
Mr. ROGERS. I trust that the House will consentto extend my time for half an hour.
Mr. ROGERS. I hope the gentleman will withdraw his objection. I have never had an op iortunity heretofore to discuss this subject, an Iain, I think, resenting it in a different light from an in whiich it has been presented.
Mr. KELL Y. I trust the Gentfrom Iowa will withdraw his objection, as the Gentfrom NewJersey has been interrupted so often.
Mr. PRICE. I object for the reason that I think the Gentfrom NewJersey has had sufficient physical exercise today, and I am very certain that the House has suffered infliction ciioiwli for one time.
Mr. SCHENCK. I trust that we shall atauy rate, allow the gentleman ten minutes on er.
Mr. ROGERS. That is not sufficient time to ennbleme to say what I desire to say.
Mr. SCHENCh. There is one question which I would like to address to the Gentfrom NewJersey. I always listen with great interest to his views on constitutional questions
The SPEAKER. The Gentfrom California [Mr. HIGBY] is entitled to the floor at present, objection being made to extending the time of the Gentfrom NewJersey.
Mr. KELLEY. I trust that the Gentfrom Iowa will withdraw his objection and that the Gentfrom NewJersey will be permitted to go on.
Mr. PRICE. In compliance withtbe urgent request of several gentlemen, but against the dictates of my own judgment, I withdraw my objection.
The SPEAKER. There being no objection, the time of the Gentfrom NewJersey is extended for 1/2 hour.
Mr. BROOMALL. I trustthat the gentleman will confine himself to the bill before the House.
Mr. SCHENCK. Will the Gentfrom NewJerse allow me to make a single inquiry?
Mr. SCHENCK. I observe that the gentleman opposes ever amendment proposed to the Constitution of the U.S. I wish to understand whether I apprehend rightly his position. Is he opposed to every alteration of the Constitution on the ground that it has a tendency to change the instrument? [Laughter.
Mr. SPALDING. I would inquire of the Chair how much time remains of that allowed the Gentfrom NewJersey, [Mr. Rosana]
Mr. SPALDING. I. move that his time be extended withoutlimitation. [Cries of “ Thats rigllIirt. ”HARDING, of Illinois. I object.
Mr. MOULTON. I would like to ask the Gentfrom NewJeraey [Mr. Roonas] a question.
Mr. MOULTON. I understand the gentleman to say that on one occasion he refused to vote to eulogize President Johnson.
Mr. MOUL ON. I would like to ask him whether that was before or after the veto mos e. BaI
Mr. ROGERS. It was after the veto messa 0. f
Mr. ROGERS. Itwas on a resolution which was passed on the afternoon of the day when the veto message was sent into the Senate.
Mr. LAWRENCE, of Pennsylvania. It was while the veto message was being read in the Senate.
Mr. ROGERS. It was then known all over House that the President had vetoed that. i. r I want my constituents and the country to understand thatI supportAndrewJohnson only so far as he supports the Constitution. When he goes against the Constitution, I will go against him. I will protest against despotism and tyranny when exercised by any President, tyrant, or monarch on the face of the earth.
Mr. LONGYEAR. I desire to ask the Gentfrom NewJersey whether he had heard of the veto or knew that it was coming before he have that vote.
Mr. ROGERS. Yes, sir; I knew that it wns coming probably before the gentleman did. I will bet. that I did. [Laughter]
Mr. KELLEY. I desire to ask the Gentfrom NewJersey a question. If I am cor rect in my recollection, the gentleman dissented from the Chicago platform upon which general McClellan was nominate.
Mr. HOGAN.Mr. Speaker, I rise to a point of order. I submit that the Chicago platform is not under discussicn.
Mr. VANHORN, of Missouri. The Chicago platform was decided out of order in 1864.
Mr. KELLEY. I made that remark about the Chicago platform as a preliminary to another question which I wish to ask.
The SPEAKER. The Gentfrom NewJersey must confine his remarks to the constitutional amendment, or questionsrelative thereto.
Mr. ROGERS. “Fell, sir, I am trying to do so; and lthink I am in the true line of the argument when I a as to show that the object. of this constitutional amendment is to prevent the 11 southern States from resuming their rightful places in the Union. I believe that I have adhered to the question under discussion
The SPEAKER. You have adhered to the subject under debate.
Mr. KELLEY. If the Gentfrom NewJersey were permitted to answer my question, the Gentfrom Missouri would discover that the inquiry which I propose to make is entirely in order.
Mr. ROGERS. I have no objection to an swering. I have never in my life done anything politicall of which I am ashamed. kl
Mr. KELL Y. I am aware that the gentleman does not object to answering.
Mr. ROGERS. I am perfectly willing tobe catechised. I hope there will be no objection on this side of the House.
Mr. HOGAN. I will not insist on the point of order.
Mr. KELLEY. I desire to know whether the Gentfrom NewJersey dissented from the Chicago platform on which General McClellan was nominated, or whether he sustained it.
Mr. ROGERS. I supported General McClel lan. I necessarily sustained the main part of that platform; although, ifI had had the drawing of iIt, would have embracedin ita declaration in favor of amore vigorous prosecution of the war than had been carried out by the the publicau party up to the time when the Chicago convention sat.
Mr. KELLEY. I now come to the main question which I propose to ask. The gentleman has asserted t ie indivisibility of the Union. That is a declaration which, coming from the gentleman, astonished me; and I wish to know when he adopted that view.
Mr. ROGERS. Well, sir, I do talk about the indivisibility of the Union. I always held that opinion. I say that it never was divided. The hica o platform never declared that it was divid. t simply declared that so far the war was a failure, as was the feet. When the Democracy saw that they would have to submit to the unlawful stretch of power involved in the abolition of slavery or a low the rebellion to succeed, they rallied in their might, and when all hopes of pacification and comiromise were gone, they used their most powe ul cTTorts for the prosecution of the war, and the result was, they and the whole people North succeeded in an pressing the rebellion. E. Ir.ere the hammer fell.] HIGBY, who, on obtaining the floor, had yielded to Mr. Rooms, whose time was extended, resumed the floor.
Mr. ROGERS. I thought that my time had been again attended.
The SPEAKER. A proposition was made to extend the gentlemans time, but objection was made.
Mr. KELLEY. Ihope the House will extend the gentlemans time. I hope that the Gentfrom NewJersey [Mr. Rooms] will be "allowed to finish his speech.
Mr. BINGHAM. If it can be made the fepecial order for an early day, and the discussion confined within a reasonable time and the vote he then taken, I have no objection to it. I desire a full discussion of this measure. I believe the interest of the country requires the House should act on it, and act on it at an early do.
Mr. SMITH. What has become of the propposition granting an extension of time to the Gentfrom NewJersey to enable him to hnish his speech?
The SPEAKER. Objection was made, but the Chair will again put it to the House.
Mr. SMITH. Is all that has since taken place to be put into his speech? [Laughter.]
Mr. KELLEY. I am not willing that the Gentfrom NewJersey shall go on to. morrow, but I am willing to give him the rest of the day to finish theingenious address which he has been making to the House.
The SPEAKER. Is there objection? Objection was made.
Mr. KELLEY. lash that the Gentfrom NewJersey have leave to print the balance of his s cech.
Mr. ROGERS. I do not ask for leave to print. I never write speeches.
Mr. HIGBY, who, on obtaining the floor, had yielded to Mr. Rooms, whose time was extended, resumed the floor.
Mr. ROGERS. I thought that my time had been again extended.
Mr. KELLEY. I hope the House will extend the gentlemans time.
Mr. BANKS. With the consent of the Gentfrom California, [Mr. HIGBY,] I will say a word. It is manifest that this debate cannot be finished this evening. It is very important that the JtResolution relatin to the Industrial Exposition at Paris should be disposed of. If this amendmentbe permitted togo overuntil tomorrow, the House can then determine whether the Gentfrom NewJersey shall be per mitted to proceed or not.
Mr. RANDALL, of Pennsylvania. I object. I wish it understood that the Gentfrom NewJersey does not speak for me. [Laughter]
Mr. HALE. I rise simply to suggest that the consideration of this amendment reported from the JtCommee has taken me, at least, by surprise, and I presume that the case is the same with a majority of the members of the House. We have had no notice that the subject was to come 11 this morning.
Mr. BINGHAM. I have notice ten days ago, when this Jtresolution was recommit ted, that I would ask for its consideration when it should be reported back.
Mr. HALE. I am not speaking by wa of complaint. I only called attention to the act. It seems to me that this is an amendment of vast importance, and one that requires the most careful and thouhtful consideration on the part oflthis House. [I do not propose to discuss it, but simply to say it has struck me as liable to many grave and serious objections. This being so, I suggest whether it is not better that this should now be made a special order and set down for a day certain, as early as the committee may desire, so we may have an opportunit to ppepare ourselves for its consideration. Im et s proposition with no feeling of hostility to the amendment any further than may may be justified by careful and proper consi oration, and certainly without any dis position to interfere with the consideration of tasubject by the House at the earliest practicable moment. I submit the suggestion to the Gentfrom Ohio, [Mr. Brnonsnd who reported the resolution from the select committee, whether it is not better we should now make it the special order for a certain day so that we may be able to examine it as it deserves.
Mr. KELLEY. I hope that the Gentfrom NewJersey
Mr. ROGERS] will be allowed to finish his s ccc.
Mr. BINGHAM. If it can be made the coin] order for an early day, and the discussion confined within a reasonable time and the vote he then taken, I have no objection to it. I desire a full discussion of this measure. I believe the interest of the country requires the House should act on it, and act on it at an early day. AManuan. Sa Thursday next.
Mr. BINGHAhI. I have no objection to make it the s ccial order for Thursda next. The SPE; KER. The Chair will state if made the special order for Tlrursday next, it may be reached within a week or ten days, as there are 2 special orders before it, the loan bill and the bankrupt bill.
Mr. BINGHAM. Let it be understood, then, it will come up as unfinished business after the momiu hour tomorrow.
Mr. ALE. Do I understand there are now special orders which have been reached and passed Y
The SPEAKER. Yes, sir; the bankrupt bill and the loan bill.
Mr. ELDRIDGE. I do not see the necessity for all this hurry. It must be known to the House that all these measures linger in the Senate. They do not press them to a vote at once but give time for a full debate of the very questions we have rushed through under the previous question. The result is that the Senate do not have to send for bills to the House after they have passed them. There is no need, thergfforc, of pressing these measures through so ra 1 y.
Mr. BINGHAM. I do not pro this through without debate, but do object to it being thrown out of its order. If it be desired to interrupt the debate here, I make the suggestion it go over until tomorrow, to come up afier the morning hour as unfinished business.
Mr. SMITH. What hasbecome of the proposition granting an extension of time to o Gentfrom NewJersey to enable him to finish his each?
Mr. SMITH. Is all that has since taken place to be put into his speech? [Laughter]
Mr. KELLEY. I am not willing that the Gentfrom NewJersey shall go on tomorrow, but I am willing to give him the rest of the day to finish the ingenious address which he has been making to the House.
Mr. WINFIELD. It is hardly just to the rest of the House to accede to the motion of the Gentfrom Pennsylvania grunting further extension of time to the Gentfrom NewJersey, because the time allowed to the gentleman m NewJersey is more than half monop olized by the constant interrutions of the Gentfrom Pennsylvania. fLcughter]
Mr. KELLEY. I desire to have him such time as I have abstracted from him.
Mr. ELDRIDGE. It is remarkable that the Gentfrom Pennsylvania [Mr. KELLEY] is anxious to have the time extended because he is permitted to interject his speeches into that of the Gentfrom NewJersey.
Mr. RANDALL, of Pennsylvania. As an act of duty, I object.
The SPEAKER. Is there objection to the firoposition of the Gentfrom Ohio, [Ma morons?
Mr. KELLEY. I ask that the Gentfrom NewJersey have leave to print the balance of his speech.
Mr. ELDlilDUE. I object, if it is to go out with the interpolations of the Gentfrom Pennsylvania. se to press
Mr. ROGERS. I do not ask for leave to print. I have never written a speech.
Mr. KELLEY. Then this House will be punished by its own action. [Laughter]
Mr. Bai KS. I move to take up the JtResolution in reference to the Paris Industrial Exposition, and I ask that a communication from the SecyState be read showing the necessity of early action, it“ any favorable action is to he had.
Mr. BINGHAM. In order that the Gentfrom Massachusetts may bring his matter up, I move to postpone the further consideration of the pending resolution till 4 oclock this afternoon.
Mr. WASHBURNE, of Illinois. Iobjectto any postponement for the purpose of taking up the matter proposed by the Gentfrom Massachusetts.
The SPEAKER. The postponement can be had by a majority vote.
Mr. WILSON, of Iowa. What will be the effect upon this amendment if the subject pro sed by the Gentfrom Massachusetts FLJMr. Bums] should not be concluded by 4 0 clock?
The SPEAKER. The Chair will decide that question when it comes up.
The SPEAKER. A postponement can be made by a maorit vote.
Mr. BINGHAM. If it loses its place I do not want it to be done.
The SPEAKER. The Chair cannot say whether that would have precedence at the adjournment. It might lose its place. I presume it will
Mr. BANKS. Is there any objection to the prgprosition I made?
Mr. WASHBURNE, of Illinois. I object to it most decidedly, and I will state why. Last Monday the gentleman got in a measure under a suspension which I understand will cost the Government $600,000. It is a measure for the benefit of the RussianAmerican Telegraph Company, whose stock is now selling at 200%. premium.
Mr. BANKS. The measure Iintroduced last Monday passed by an almost unanimous vote.
Mr. ASHB RN E, of Illinois. I know it did.
Mr. BANKS and I am confident that no such expenditure will be incurred in fact that no expenditure will be required by this Government. But even if it should cost as $500,000, I maintain that it will be money well s eat, for it will open a communication with 600 million people of the Old World. But I say it will not cost 5 300000, nor any other sum.
Mr. WASHBURNE, of Illinois. That was the estimate of the No Dept before the bill was reported, an if e House is will in to—
Mr. BRANDEGEE. Mr. Speaker. Is this debate in order?
Mr. WASHBURNE, of Illinois. How does the Gentfrom Massachusetts get the floor?.
Mr. WASHBURNE, of Illinois. Then the business goes over.
The SPEAKER. It does not; it is the pond in business.
Mr. WASHBURNE, of Illinois. I do not see how itis.
The SPEAKER. The Gentfrom Massachusetts was explaining why he voted for a proposition not now before the House, the same as the Gentfrom Illinois.
Mr. BANKS. I object to any debate until the House suspends the rules. I ask that a communication from the SecyState be—
Mr. WASHBURNE, of Illinois. It cannot be done unless the rules are suspended.
The SPEAKER. The Gentfrom California elds the floor. The pending question is still the constitutional amendment unless it is postponed.
Skip Skip Mr. BANKS. I move, then, that it be post poned till tomorrow immediately after the reading of the Journal. The question being taken on the motion to postpone, no. uorum voted. Mr. WASHBURNE, of Illine m. I demand the eas and no s. Mr. CONKLING. I demand tellers on or derin the yeas and an s. Telers were ordere; and Messrs. BANKS, and WABRBURNE of Illinois, were appointed. The House divided; and the tellers reportedayes 24. 80 the yeas&nays were ordered. The question being taken on the motion to postpone, it was decided in the affirmative— yeas 62, nays 43, not voting 78; So the motion to postpone Was agreed to. FRENCH EXPOSITION.
Mr. BANKS. I move to suspend the rules to discharge the ComWhole on the state of the Union from the further consideration of JtResolution of the House No. 52 to provide for the expenses attending the exhibition of the products of the industr of the U.S. at the exposition at aria in 1867.
Mr. WASHBURNE, of Illinois. I demand the yeas&nays on that motion. It is throw away $2,000,000.
Mr. WENTWORTH. Is it in order to have the point resolution read before we vote
The SPEAKER. Under the uniform rule of the House, it is not in order to demand the reading of a bill or JtResolution on a motion to suspend the rules. It can be read if there is no objection. There being no objection, the JtResolution was read.
Mr. BANKS. Iask to haveacommunication from the SecyState read.
Mr. WASHBURNE, of Illinois. I think we had bettertake the vote.
Skip Skip The question was taken on Mr. BAXKSS motion; and there were—yells 70, nays 47, not voting 66; So (2/3rds not voting in favor thereof) the rules were not suspended. LEAVE or ABSENCE. Mr. SLOAN. I ask leave of absence for an indefinite time for my colleague, Mr. llIcIsnos, who has been called home. No objection was made, and the leave of absence was granted. RECONSTRUCTION.
Mr. ASHLEY, of Ohio, by unanimous consent, introduced concurrentresolutions in reference to reconstruction; which were referred to the point ComReconstruction.
Mr. WASHBURNE, of Illinois. I move that the flouse do now adjourn.
Mr. BINGHAM. I wish to know whether the JtResolution reported from the JtComReconstruction is the unfinished business before the House.
The SPEAKER. It has been postponed until tomorrow immediately after the reading of the Journal.
Mr. BINGHAM. That makes it the 1st business in order?
The SPEAKER. Unless some nestion of privilege should intervene. The ot ler special orders are after the morning hour.
Mr. BINGHAM. I move to reconsider the vote by which the JtResolution was post poned.
Mr. WASHBURNE, of Illinois. I have moved that the House adjourn. I have not waived the motion at all. The gentlemali can enter his motion to reconsider ithe ileases.
The SPEAKER. It makes no illcrenco. The JtResolution will come n immediately after the reading of the Journa, unless some contested election case or other question of priv ilege should come up.
Mr. BINGHAM. I wish to know whether We could not make it the 1st thing in order to the exclusion of everything I
The SPEAKER. Questions of must take recedence.
Mr. Bl GHAM. Can a majority postpone the special order tomorrow?
The SPEAKER. The majority can post pone the special order at an time.
Mr. WILSON, of Iowa. Vill the Gentfrom Illinois [Mr. wASHBURNE] yiel tome to offer a bill mercl for reference?
Mr. WASHB RNE, of Illinois. I will yield, but only for this time. SCOTUS
Mr. WILSON, of Iowa, by unanimous consent, introduced a bill to iiyx the number of the judges of the SCOTUS, and to change certain judicial circuits which was read a 1st and 2nd tim e, reform to the ComJudiciary, and ordered to be printed.
Mr. WASHBURNE, of Illinois. I now renew my motion to adjourn.
Skip Skip The question was taken; and upon a division there were—ayes 53, noes not counted. So the motion was agreed to; and accord ingly (at 3 oclock and Iittyniinutes p. m.) the House adjourned. privilege
@@@IN SENATE SENATE. Tonsnn, February 27, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. WILLIAMS, from the ComClaims, to whom was referred the petition of Brevet Lieutenant Colonel S. M. Reynolds, is paymaster in the U.S. Army, praying to be relieved from all responsibility on account of money stolen from him on the 22d of december, 1865, submitted an adverse report; which was ordered to be printed.
Mr. ANTHON, from the ComClaims,to whom was referred the petition of Sweeny, Rittenhouse dz CO., praying that their claim, reported upon adversel by the Court of Claims, may be referred bae to that court for a rehearing, submitted an adverse report; which was ordered to be printed. MLJORTON, from the ComClaims, to whom was referred the petition of Francis Miller, of Washington, DistCol, praying for the payment of money which he alleges to be due him for supplies furnished by him to the navyards at Cbarlestown Massachusetts, Broo lyn, NewYork, and Cosport, Virginia, submitted an adverse report; which was ordered to be printed.
Mr. POLAND, from the ComJudiciary, to whom were referred communications from the SecyWar and the PostMGenl, calling attention to certain alleged defects in the statutes of the U.S., providing for the punishment of certain offenses, reported a bill (S.No.165) more effectually to provide for the punishment of contain crimes against the U.S.; which was read and passed to a 2nd reading.
Mr. WILS N, from the ComMilAffairs and the Militia, to whom was referred a bill (S.No.111) to provide for the national defense by establishing a uniform mi litia and organizin an active volunteer militia force throughout the U.S., reported it with amendments. THANKS TO SOLDIERS and SEAMEN.
Mr. WILSON. The ComMilAffrs , to whom was referred aJtResolution (S.R. No. 34) expressive of the gratitude of the nation to the officers, soldiers, and seamen of the U.S., have instructed me to report it back without amendment. I ask for the present consideration of the JtResolution. There bein no objection, the JtResolution (S.R. o. 34) exressive of the gratitude of the nation to the o cers, soldiers, and sea men of the U.S. was considered as in ComWhole. It declares it to be the duty and the privilege of Congress to express the gratitude of the nation to the officers, soldiers, and seamen of the U.S., by whose valor and endu rance, on the land and on the sea, the rebellion hasbeen crushed and its pride audits power have been humbled, by whose fidelity to the cause of freedom the Government of the people has been reserved and maintained, and by whose orderly return from the fire and blood of civilWar to the peaceful pursuits of private life, the exalting and ennobing influence of free institutions upon a nation has been so signally manifested to the world. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. BILLS INTRODUCED.
Mr. MORGAN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.166) to encourage education in agriculture and the mechanic arts by exampting college lands frolm taxation; which was read twice by its title.
Mr. MORGAN. I suppose the proper reference is to the ComPubLands.
Mr. CONNESS. It seems to me the bill should go to the ComFinance, as it proposes to exempt from taxation. i
Mr. MORGAN. I leave it to the Chair to make the proper reference. I supposed it was the ComPubLands.
Mr. CONNESS. It seems to me that it involves more a question of finance, as it proposes to exempt from taxation, than one of public lands. t does not involve the disposition of the public lands; but I do not care where the bill goes.
Mr. GRIMES. I call for the reading of the bill. I should like to hear what it is.
The PRESIDENT protemore. The bill will be read, if there be no objection.
The Secretary read the bill; which proposes to declare that all lands located by the several States and Territories under an act donating public lands to the several States and terrritories which may provide colleges for the benefit of agriculture and the mec ianic arts, approved July 2,1862, and all lands located by colleges, educational institutions, or individuals, for their benefit, with scrip donated by that act and sold to them for the benefit of such institutions by the States or Territories, shall be exempt from taxation by or under State or municipal authority while the lands are held for the purpose of education.
Mr. GRIMES. Fsuppose it is quite imma terial where such a bill as that is sent. 1 apprehend the Senfrom NewYork does not exset that it will be adopted.
Mr. CONNESS. I think it a question of finance.
Mr. WILSON. I move the reference of the bill to the ComFinance. The motion was agreed to.
Mr. HARRIS asked, and by unanimous consent obtained, leave to introueeabill (S.No.167) to incorporate the Woniens Hospital As sociation of the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. HOWE asked, and by unanimous consent obtained, leave to introuce a bill (S. No.168) to provide for the disposal of certain lands therein named; which was read twice by its title, and referred to the ComPubLands.
Mr. HOWE also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.169) granting lands to make up deficiencies of former grants in aid of the completion of the Tomah and Lake StCroix, and the StCroix and Lake Superior railroads in the State of Wisconsin; which was read twice by its title, and referred to the ComPubLands.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.170) to amend an act passed March 3, 1865, entitled “An act in addition to certain acts granting bounty lands to officers and soldiers who have been engaged in the military service of the U.S.;” which was read twice by its title and referred to the ComPubLands.
Mr. POLAND also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.171) for the relief of Reuben Clough which was read twice by its title, and referred to the ComPensions.
Mr. GUTHRIE asked, and by unanimous consent—obtained, leave to introduce a bill (S.No.172) authorizing certain public documents to be distributed to the district and territorial judges of the U.S.; which was read twice by its title, and referred to the ComPrintg. COMPENSATION FOR INDIAN DEPREDATIONS.
Mr. KIRKWOOD submitted the following resolution; which was considered by unanimous consent, and agreed to: Itnulved, That the ComIndAffrs he directed to inquire and report whether any and if any whut, legislation is necessary to make compensation to citizens of the State of Iowa for losses sustained by them from the depredations of the Ink pu dutnhband of Sioux Indiuns in the year 1837a.nd that said committee have leave to report by bill or othervrise. POST ROUTE IN MINNESOTA.
Mr. RAMSEY submitted the following resolution; which was considered by unanimous consent, and agreed to: Ihmliml, That the ComPostoffice be directed to inquire into the exedieney of C5lflbllFlIlIlK a mail roiito north wardli from DiiaLuth to the Falls of Vermilhon river in Minne so. PROVISIONAL GOVERNORS.
Mr. SUMNER submitted the following res olution; which was considered by unanimous consent, and agreed to: Whereas the Senate, January 5, 1866, adopteda resolution in the following.terms: “liemlvrd, That the POTUS, if in his opinion not incompatible with the public interest,be requested to furnish to the Senatecopies of all papers or proclamations designating certain persons as provisional governors of States and an account of the salary. if any, they may have been allowed; the oaths, if any, they may have taken before enterin upon their duties: an if they did not take the out ofollico prescribedbyCongressfor officers of the U.S.,then why theydid not take the same; also,all instructions with regard to their duties and communications betweenthen and the Parneysident. telegraphip or otherWisc; also. copies of commiinications inhis possessionfrom such persons to any convention or legislative assembly in their respective States; also.copiesof any constitution.articles.0rluwspurportingto have beenadopted in such States.so far as the same affect the present pfinditiop of such Status and the rights of porsonl crein and whereas no answerhas yet been received by the Senate and the information called for is important: Therefore docm ferolped.That the POTUS if in his opinion not incompntiblawith the public interest be requested to furnish to the Senate the information called for in the foregoingruolution. FREEDM ENS BUREAU REPORTS.
Mr. MORRILL submitted the following res. olution; which was considered by unanimous consent, and agreed to: Ifuoloed, That the POTUS be requestedto communicate to theSednto. if not. in hisjudgment nconsistent with the public interests. The reports of the asst commissiouors of the freedmens Bureau, madeline e December 1. 1865. HARBOBS IN WISCONSIN.
Mr. DOOLITTLE submitted the following resolution; which was considered by unan imous consent, and agreed to: Reaolped. That the SecyWar he requested to furnish for the information of the Senate a statement of what sumsofmoncy mo in his udgiiient be necessary for the improvement of the har orson Lake Michigan. in the state of Wisconsin. namel, the bar bars of Kenosha. Racine, Milwaukee. S eboygan. Manitowoc and also at Superior, onLake Superior. in the State of Wisoonsin. INVESTIGATION OF COTTON FRAUDS.
Mr. DAVIS. I move to call up the resolution that I offered some time since in relation to an investigation of the frauds in cotton; and preparatory to making that motion I ask that the communication which I now send to the Secretarys desk may be read.
The PRESIDENT protemore. The Senfrom Kentucky moves that the Senate now proceed to the consideration of a resolution submitted by him on the 9th of February for the appointment of a committee for the investigation of frauds alleed to have been committed by the agents of the Cotton Bureau; and he sends to the Chair a communication, the reading of which is asked for. It will be read, if there be no objection.
Mr. PO.IEROY. That communication seems to be a very long one, and I think perhaps it had better be printed.
Mr. DAVIS. It is a document of great interest.
Mr. POMEROY. I do not like to object to the reading of it; but it seems to be very long, and will occupy a good deal of the time of the Senate.
Mr. DAVIS. I will simply state that when this resolution Was under consideration before, I was asked by some gentlemen to specify cases before they would vote for an investition. This communication is from one of the Treesury agents, who was stationed at Natchez, and it makes many disclosures of particular cases of most revolting fraud. I merely ask that it be read for the information of the Senate.
The PRESIDENT protemera. Does the Senfrom Kansas object to the reading of the paper?
Mr. FESSENDEN. Let it be printed, and laid upon the table.
Mr. CONNESS. As the reading of that paper would probably occupy the remainder of the morning hour, I hope the Senator will ask for its printin.
Mr. DAVIS. That would satisfy me, ifitis acceptable to the Senate.
Mr. CONNESS and then we can come to the consideration of the resolution on another mornin with the whole question before us.
Mr. DAVIS. I move that it be printed for the information of the Senate, if that is the wish of gentlemen.
The PRESIDENT protemore. The SenfromKentucky now moves that the communication presented by him be printed for the use of the Senate.
Mr. GRIMES. It seems to me we should be establishing a much more dangerous precedent if we ordered that paper to be printed, whatever may be in it, than we should be by allowing the resolution which the Senfrom Kentucky proposes to call up to be taken up. I am prepared to vote to take up his proposition; and then if the Senator has a paper from a person whom he is willing to indorsc, and which he believes to be true, I am willing to hear it read; and if after hearing it the Senate are sat isfied that it on ht to be printed, we can vote to print it; but am not going to vote bhndly to print whatever may happen to be in that paper, not knowing who is this man that wrote it or what it contains. I hope the Senfrom Kentucky will insist on his motion to take up the resolution and then if he chooses to have his paper read, let it be read; and if after we know what is in it we think it ought to be printed, let us print it.
Mr. DAVIS. I have no objection to the course suggested by the Senfrom Iowa.
The PRESIDENT protemorc. Then the nestion will be, Shall the resolution moved by e Senfrom Kentucky be now taken up? The motion was agreed to; and the Senate resumed the consideration of the following resolution, submitted by Mr. DAVIS on the 9th of February: Whereas charges of fraud. poculation and extortion have been made against agents of the Cotton Bureau by citizens and especially cotton planters and cotton factors: and whereas said charges have also beenmadethrough the public was and the serious attention of the Senate called thereto; and whereas it hasbeenmadeto appearto the Senatethat agents,in some instance s,have beenindicted by the Statecourtsforswindling, and the jurisdiction of said courts a the promises having been denied, and the accusedagents taken out of the hands of the civil author tics by military force: Rammed, hat a committee toconsist of— Sen ators be, and the same is hereby appointed to investigate the said charges,with authority to have brought before them persons and opera; and said committeewill report the result of its investigation to the Senate for its action.
Mr. DAVIS. Now I ask to have the aper read, and I will make a statement in re ntion to it. It is a communication made to me by Mr. Burnet of the city of Cincinnati. He was for some considerable time Treasury agent in the city of Natchez. He gives a disclosure in detailof many flagrant trausactions and frauds. I am informed that he is a son of Judge Bur net, late of cincinnati, one of the most elevated men in America; indeed, I understand that he himself is a man of good character; agany rate he was in the service of the Government in that capacity. I have seen also in this city another gentleman whom I know to be a man of credit and character, and who believes a good deal of what Mr. Burnct writes, and who says he knows a great deal more of his own knowledge. I therefore ask that it be read.
The PRESIDENT protemors. The reading of this paper is asked for, and it will be read if there be no objection.
The Secretary proceeded to read, as follows: " “Cisomiuri. February 12 1866. Hon. GABBITT DAVIS. U.S. Senator. " Sia: As theson of Judzo Jacob Burnot. of cincin natu whom you know utlenst by reputation and asiate assistuut special agent of the Treasury Dept, In the district of Natchez, though personally unknown toyou, permit me to express my siuccre thanks for your resolution of the 9th instant. asking an investigation into the operations of Treasury agentsin the southern military Depts,and the hope that you partial secure the appointment of a thorough and committee, that the honest may be vindicmaeteifd and the dishonest exposed. Will you excuse I say that tha object you have in viewwill not be half accomplished without the amendment proposedby the honorable Senfrom California] I hat the dishonest agents of the Treasury Dept abused the confidence of the honorable Score taiY and Were guilty of frauds against the Govern tchnitnkand the citirens is, unfortunately, too true, but I am within the limits of truth in sayingthat the Marezate amount of all the stealing by Ircusnry agents is insignitiount ccnipared to the wholesalerob in somecases.ofa single military commander."
Mr. CONNESS. I object to the further reading of this document, because in its terms it involves censure ( which has a quasi indorSement by being made a art of our proceedings here) upon agents an officers of the U.S. by a person not authorized to make any ltatement, but volunteering it to us for the purpose of information. I object to its further reading.
Mr. NYE. I wish the Clerk to read that last sentence a in.
Mr. JOHNSON. I think it has been read once too often.
Mr. NYE. So do I; but the Senate seemed to think different l.
Mr. JOHNSONI: I object to its being read a 2nd time.
The PRESIDENT pro lempore. The read ingi will proceed unless the Senate take further or or on the subject.
Mr. TRUMBULL. I think it is manifest that the Senate ought notto have its time taken up in the reading of a long communication of this character.
Mr. TRUMBULL. It seems to me that the Senfrom Kentucky himself will see that if this aper is read any other Senator may call for tereading of. any of the communications which are sent to us. It will occupy probably the whole of the mornin hour to read this paper. I did not couutt e ages, but it will take a good deal of time, and cannot see what object there can be in readin it. We shall evidently take no action upon die paper simply from the reading. I suggest to the Senator thatdhea himself have the further reading suspen e. p
Mr. DAVIS. The material part of the paper has not been reached yet. It gives the examples of a great many instances of cotton frauds by name by time, place, and circumstance. When Iproposed to have a committee raised some days ago to investigate these matters 2 Senators stated that such charges were may 9 in too general a way, and suggested that if specific cases should be adduced and should be made out creditably, so mi to demand the investigation of the Senate. they would be willing to assent to it. I think that this paper, and what I have heard in confirmation of ports in this city, make out a clear and iudis utable case that requires the investigation of e Sen ate, not only in relation to one, but many of the most c egious frauds.
Mr. ltUMBULL. The Senfrom Kentucky has doubtless examined the aper and knows what parts are material. an he not call attention to those parts and mark them so that the Clerk may read only them I My only object is to avoid taking up the time of the Senate in reading matters which evidently we cannot take any action upon now.
Mr. DAVIS. I think the immaterial part, that which does not relate directly to the cases and the facts has been pretty well got through with. I think that what is to follow now Will be a narration of cases and facts.
Mr. CONNESS. I should like to inquire of the Secretary, and let him state what proportion of the document has been already read, and what remains unread.
The Secretary. About one 4th has been rea.
Mr. CONNESS. The Secretary, I understand, states that about one 4th of it has been read. Mr. President, ni objection (and the Senfrom Kentucky, know, will appreciate what I say) does not go, of course, to the fact that the honorable Senator presents this paper here, nor to the merits of his resolution; nor is it comprehended by the objection of my honorable friendfrom Illinois, that the paper is lon; but it has seemed to me to ho a most extraordinary thing that before the Senate of the U.S. an unauthorized and uninvited party is allowed to come to make a stamp speech, charging cri met npon officers of the U.S., the most hor of it from a gentleman of high character now rid in their character. My objection oes to that point; and in order that it may be sposed of in another way than by being read to the Senate, I now move that both the paper and the resolution be referred to the ComMilAffrs of the Senate.
The PRESIDENT protemore. The SenfromKentucky is recognized.
Mr. CONNESS. I desire to inquire whether motion is in order.
The PRESIDENT protemore. The motion is in order, but the Senfrom Kentucky is entitled to the floor on it.
Mr. DAVIS. The Senate has twice passed upon the question of reading this communication, and has twice sustained it. I suppose the communication could have been retty well gotten through with by this time. f the Sen ator wishes to put his question that the further reading of the paper be dispensed with, I have no objection, of course, to that question bein at to the Senate; but I claim the floor an claim in right to read the paper as a part of my remar s and I address it to the motion to have a committee to investigate the matter of frauds general] i. The PRESIDENT fem ore. it is moved that the further reading oft is paper be dis pensed With, and that the aper with the resolution be referred to the ommittea on Military Affairs.
Mr. DAVIS. I do not give way to that motion so as to forfeit my right to the floor. If that is to be the effect, I do not yield the floor.
The PRESIDENT protemore. The motion was made before the Senfrom Kentucky was recognized as having the floor.
Mr. DAVIS. I was recognized at the commencement by the Chair.
The PRESIDENT pro tem are. That is true; but the Senfrom 11ine is obtained the floor, and then the Senfrom California.
Mr. DAVIS. Mr. President, I called up my resolution, the Chair put the question to the Senate whether that resolution should be taken up, and the Senate decided to take it up. I then took the floor upon my resolution and moved while on the floor that this communication to me should be read. It was objected to, and the Chair put the question to the Senate whether it should be read. The Senate said it should be. The Senfrom Illinois—I be liove it was the Senfrom Illinois—then moved that the further reading of the paper be dispensed with.
Mr. TRUMBULL. I made no motion. I merely appealed to the Senfrom to knQWi he could not himself dispeKnesnetuewkiyt the reading and point out the particularportions of it that were material an not take up the time of the Senate.
The PRESlDENT protemore. The Chair will state it was the Senfrom California who made the motion to suspend the reading.
Mr. DAVIS. Well, that motion was pntwhile the paper was being read. The fact of the ar tial reading of the paper and the motion of the Senfrom California cannot deprive me of the floor.
Mr. CONNESSa Will the Senator permit me one instant?
Mr. CONNESS. I Wish to state that my object was not to take the floor from the honor able Senator.
Mr. CONNESS. If the Senator is willin that the reading shall be dispensed with, I will withdraw the motion I have made. My objection seriously goes to the reading of that paper before the Senate of the U.S., and I feel it my duty sincerely to oppose its being read. If the Senator is willing to withdraw his request for the reading of the paper, then I shall withdraw the motion I have made.
Mr. DAVIS. Well; sir, lam acandid man. I have no objection to the Clerk suspending the reading, but I intend to press my motion for m i this committeeand to reenforce that motion, I intend to read that aor.
Mr. CONNESS. Will the Senator permit me again? If the Senfrom Kentucky as a Senator here sees fit to make anything aof his speech, it is my privilege to go out optahret Senate and not listen to the honorable Senator, if the matter should be objectionable. But this is a paper against officers of the U.S., and it is in that view that I have objected to its being read by the officer of the Senate.
Mr. DAVIS. I have no objection to the afiair takin that course, that the reading of the paper shall now be suspended, and I re sume my remarks, and I wilFtake that paper in my hand and I will read it.
Mr. NYE. I hope the Senator will have the honor of doin it himself.
Mr. NYE. I suggest that to be a better way to st it before the Senate so that the Senate will not be responsible for it by having its Officer read it.
Mr. DAVIS. Very good, sir. I am willing to meet the responsibility. The PRESIDENT protemore. Does the Chair understand the motion to suspend the reading of this paper and to refer the matter to the ComMilAlfairs to be withdrawn?
Mr. conNESS. If the Senator intends to make it a part of his speech I can have no objection to that being done, as I said before, but to the present reading and in the present manner, I object. With that understanding I withdraw the motion. M purpose is not to im ede the Senfrom Kentucky.
The PRESIDENT Pro tom are. The motion, then, to suspend the re in of the paper and to refer this resolution to the ComMilAffrs is withdrawn. The morning hour having expired, it becomes the duty of the Chair to c l u the unfinished business of yesterday, upon which the Senfrom connecticut [Mr. DIXON] is entitled to the floor.
Mr. D VIS. I suppose I shall be entitled to the floor tomorrow when the morning business is out.
The PRESIDENT protemore. When this question comes up again the Senfrom Kentucky will be entitled to the floor. REPRESENTATION OF SOUTHERN STATES. The Senate resumed the consideration of the following resolution from the HoRep: Reaoloedbythe HoRep,{the Senate concurring.) That in or or to closeLRIUIHOHupon a question which seems likely to disturb the action of t 0Government,aswell as to quiet the uncertainty which is iizitatin: the miiids of the people of the clcven Stateswhich have been declared to e in insurrection, no Senator or Be reseututiveshall be admitted into either branchof Clingressfrom anyofsaid Slates until Congress shall havedeclaredsuchState entitled to such representation.
Mr. WADE. I hope the Senator will tell us exuctl what that boy is.
Mr. FESSENDEN. I will state to the Sen ator that upon looking over the debate as re ported in the Globe I saw that there was that expression in my 1st remarks, so that it might justify what was said by the Senfrom Wisconsiu, [Mr. Doourrw] but it escaped me at the time.
Mr. DIXON. Other Senators remember what the distinished Senator says better than he does himsel. His words are not forgotten. It is not vox fugit with him. What is said by him is remembered.
Mr. FESSENDEN. You will notice that in what I afterward said I took the ground I have uniforml contended.
Mr. FESSENDEN. Will the Senatorallow me to ask him a question? I do not wish to interru t him.
Mr. DIXON. I am perfectly willing to be interru ted.
Mr. leSSENDEN. Does the Senator understand me now as contending that on the question of credentials the whole question is not before the Senate?
Mr. FESSENDEN. Then there is no contradietion.
Mr. DIXON. I am not.claiming that there is a contradiction. I will state what I understand the Senator to mean.
Mr. FESSENDEN. I say now that un" questionably the whole thing is before the Son ate; but I say with reference to the preliminary question, as to the condition of the States, that question may properly be left to both Houses to act in concert upon it, because it does not involve the elections, qualifications, and returns of members.
Mr. DIXON. The Senator now says that that question may properly be left to both Houses. The Senator told us before that it must not be left there.
Mr. FESSENDEN. Under existing circumstancesl think it should and must be left to them. I do not think it absolutely essential in all cases, but under existing circumstances I suppose it must properly be left there.
Mr. DIXON. It is impossible for any man to read the speech of the Senator without per ceiving that he stated in at least a dozen in stances that thisis the round on which we place it, a more question of credentials, upon which we can go no further, and therefore he says congress ought to decide, because if the Senate deqkglcs for itself it is a more question of creden tia
Mr. DIXON. If the Senator admits that thatis as good a way as the other, and as proper as the other. he and I have no controversy.
Mr. FESSENDEN. The Senator follows out the ideas suggested by the President. I stated what I understood the President to contend for; I do not know that he meant it. I only say that that is the inevitable inference, according to my judgment. I have no doubt on the mere question of credentials presented to the Senate a one, we could examine the whole subject if we saw fit, but I contend that under existing circumstances and from the importance of the question the preliminary inquiry as to the condition of the States should be settled by the joint action of both Houses in all these cases in order that there may be no 001 lision between them. That question does not involve the question of the propricty or the regularity of the returns, qualifieations, and elections of members necessarily, but it lies at the foundation and might ropeily be considered by itself. I understand, owever, that my friendfrom Connecticut and other cutlemen contend that we ought not to leave t int question of the condition of the States to the joint actiOn of both Houses.
Mr. DIXON. I do. The Constitutionmakes each House, separately, the exclusive judge,
Mr. FESSENDEN. He says he does. I was contending that it was a very pro or question to be so left. I understand the resi cut, so far as his ideas may be gathered from what he has said, to be contending for the same thing as the Senfrom Connecticut. I say it is no usurpation on our part, but a very proper and reasonable and necessary thing under the circumstances and condition of the country.
Mr. DIXON. I understand the Senator to say that because the President took this ground that the Congress of the U.S. should not inquire into the question of the elections, qualifications, and returns of members here, but that it should go to each House, as the constitution directs, therefore he could not voteto sustain the veto.
Mr. FESSENDEN. I infer it from the fact that he lays it down precisely, as I understand him, in this wa: that that matter is settled; he says he has ooked into this subject; he is satisfied about it, and he insists that these men should be admitted.
Mr. DIXON. I will sayin replytothe Senator that the President says no such thing.
Mr. DIXON. I take all his sayings, I ta e his annual message to Congress, his last message together, and I find he says there that he brings these men to the doors of Congress in fact, and that now it is for Congress, each House for itself, to decide as to their admission. He goes on to so, and he has a right to go on to say, for the constitution provides that He shall give us information in regard to the state of the Union, that he thinks there ought. to he representation on the part of loyal men. But the Senator and those who think with him (and if I am mistaken I shall be very glad to be set right by the Senator) state that those of us who claim that the Senate shall judge alone are in some way letting down the bars, ifI may usea common expression, that we are throwing wide open the doors of the Senate, that we wish to admit or may admit traitors into this body, because Congress does not act on this question.
Mr. FESSENDEN. I call the attention of the Senator to the language of the President in the veto message. He says: “I would not interfere with the unquestionable right of Congress to judge.eachHouscforitself, of the cleetions.returns, and qualificationsof its ownmembers, but that authority cannot be construedas including the right to shutout. in time of peace,any State from the representation to which it is by entitled the Constitution." The plain inference from which, I take it, is that that is exactly what Congress is “ doing. At presentall the peopleof 11Statesare exeluded, those who were most faithful during the war not less than others. The State of Tennessee. for instance. whoseauthorities engagedin the rebellion, was restoredto all her constitutional relations to the Union by the patriotism and energy of her injured and betrayedpeople. Before the war was brought to a termination the had placed themselves in relations with l he General Government. Had established a State government of their own, and as they were not included in the emancipation reclamation. they by their own act had amendedtheir constitution so as to abolish slavery within the limits of their State. I know no reasonwhy the State of Tennessee,for example, should not full enjoy 11 her constitutional relations to the U.S." There are some other things in the message plainly intimating that Congress is attempting to keep these States out.
Mr. DIXON. Does the Senator deny the correctness of thatportion of the message?
Mr. FESSENDEN. 0 but Ideny the cor rectness of the inference from it, and what I suppose to have been in his mind, and what I think everybody else must see was in his mind, and that is, that these States are in a condition to be admitted.
Mr. DIXON. That is what I supposed the Senator said. The Senator says he does not deny the corrmtness of that statement in the message, but he denies the inference that he draws from it. The Senator can draw inferences to a greater extent than mostmen. It is enough for me if what the President says is correct. I am not responsible, noris the President responsible, fort e inferences that may be drawn from it. What does he say?,"I would not Interfere with the unquestionable right of Congress to judge, each House for itself. of the elections returns, and qualifications of its own members, lint that authority canpot beconstrued as including the right to shut out, in time of peace, any State from the representauon to which it is entited by the Constitution." The Senator admits the correctness of the priipor.sition
Mr. TRUMBULL. Will the Senator allow me to ask him a question?
Mr. Trumbull. suppose that in a time of peace the Legislature o. Tennessee is dis loyal and swears allegiance to the Emperor Maximilian, does the Senator deny the authority of congress to inquire into the character of that legislaure?
Mr. DIXON. I do, and there I come directly to the point. It is for the Senate, not for Congress, to make the inquiry if a Senfrom Tennessee in the supposed case presents himself.
Mr. TRUMBULL. He denies the authority of Congress to decide whether the constituency is traitorous or loyall
Mr. TRUMBULL. That is the very one I put. If all the members of the Legislature of Tennessee swear allegiance to the ltmperor Maximilian and send a Senator here, I want to know of the Senfrom Connecticut if congress has a right to inquire into the character of that Legislature?
Mr. DIXON. I will answer that by asking another questiou.
Mr. TRUMBULL. I do not wish to be interrupting the Senator, and before he answers that question I desire to ask him another.
Mr. DIXON. Let me answer the 1st before you ask another.
Mr. TRUMBULL. As I do not wish to interrupt the Senator again I desire to say all I have got to say, and then he can answer all my questions together.
Mr. DIXON. I hope the Senator will not put 2 questions at once; I desire to ask the Senator this questiou: suppose that was the case, that the mperer Maximilian had entire control of the State of Tennessee, and a person claiming a right so to do should come here and otferhimself as a member of the Senate, and should be received here; that, in judging of the qualifications, returns, and elections of the member, the Senate decided that he was a Sen ator, has congress anything to do with the question? I ask im if the HoRep can interfere? Is there an appeal to Congress, or any other tribunal? I ask him if that man is not a Senator in spite of the world? Let the Senator answer that question.
Mr. TRUMBULL. If the Senator means to ask me if the Senate has not the physical power to admit anybody, elected or not, I admit they have the same right to do it that 12 jury men would have, against the sworn and uncon tradicted testimony of 100 witnesses, to bring in a verdict directly:1 inst the evidence, and erjure themselves. suppose we have the ysical power to commit perju here when we have sworn to support the Constitution. We might admit a man here from Pennsylvania avenue, elected by nobody, as a member of this Senate; but we would commit perjury in doing it and have no right to do it.
Mr. TRUMBULL. The point is this: the Senator insists that the Senate of:he U.S. has the right to commit perjury; that a Senator who has sworn to support the Constitution has a right to vote to adpmita man here from Pennsylvania avenue—
Mr. DIXON. I think the Senator oughtnot to take that ground. I claim no such thing. I say the Senate of the U.S. has the power to commit perjury, but. does that power Reprive the Senate of jurisdiction. So has the Supreme Court. So has Congress. But is that 88ing the have a right to commit perjury.
Mr. TRUMBULL. Very well; he is arguing here, then, in favor of the power to commit perjury. Now, ifa person ha a mind to commit perjury he coud vote that a person on Pennsylvania avenue, without an election or anything else, should have a seat here; but I do not suppose that we are to argue questions in the Senate of the U.S. upon any such principle. The question here is notes to the election, qualification, and return of a person presenting himself as a Senator, but. it goes behind that. It is for Congress to determine whether there is a State that has a right to send Senators here. It is for each House to deter mine when there is a constituency having a right to elect, whether they have sent persons qualified, and whether they have elected them properly. Those are 2 entirely distinct and separate questions. When the Senator reads from the message of the POTUS that he has brought men to the doors of Congress, I deny in toto his right to bring members to Congress. What right has the President to bring members to Congress?
The PRESIDENT o tempera. Does the Senfrom Connecticut. yield the floor to the Senfrom California?
Mr. DIXON. I hope the Sehator will excuse me for a single moment. I must reply to these interruptionsas I go along, and I shall hear him with pleasure presently. The Senfrom Illinois says that I take the ound that this body may commit perjury. I as him if Congress may not commit perjury? Does he escape it by going to Congress? Cannot Congress just as well commit perjury with members. of this. regard to the question whether Tennessee is! entitled to representation as the Senate? It is wholly immaterial what power the body has to,l decide wrong. I agree that everybody has I a power to decide wrong. Congress is as liable I as the Senate to decide wrong. It isa question { of jurisdiction, which body shall decide, not I which shall decide right. I think this body! more likely to decide right than Congress. That is my judgment, but I may be mistaken. I think. Congress as likely to commit perjury as the Senate. The Senator is shocked at the idea that there is a possibility of perjury being committed and a lood handed traitor being admitted into this body. I should have some fears that congress might do that as well as this body, especially if the Senate goes on in its present course and we are oblied to refer this matter to the next Congress. I have great fears that the next Congress will be more likely to commit perjury on this subject than this congress. gT Mr. FESSENDEN. Will the Senator allow me to correct an error which I fell into ashort time a 0?
Mr. FESSENDEN. I read a passage from the veto message, and my friend asked me if I acknowledged the correctness of it, and I told him that I did. What I meant to agree to was, and what I supposed him to refer to was, the statement of principle: “At present all the people of 11 Statesare exeluded: thosewho were mostfaithful during the war not lessthan others." Then he goes on to say: “The State of Tennessee.for instance. whose authorities engagedin rebellion was restoredto all her constitutional relationstothe Union by the patriotism and energyofher injured and betrayedpeople." I merely meant to object to the manner in which it was stated that Congress had no right to exclude the constitutional representation of a State in time of peace.
Mr. DIXON. “But that authority cannot be construed as including the right to shut out, in time of eace, any State from the representation to which it is entitled by the Constitution.” The Senator does deny the correctness of that.
Mr. FESSENDEN. In regard to that, if there were no peculiar circumstances, ordina ril you could not do it, of course.
Mr. KIRKWOOD. Will the Senator allow me to ask him a question?
Mr. KIRKWOOD. I want to understand the Senator if I possibly can. Do I understand him to say that the President takes the ground that the State of Iowa and the State of SCarolina stand today in the same identical position before Congress, and that each House the right to decide just in the one case what it has in the other, no more, no less.
Mr. DIXON. I do not know what the presidents opinion on that subject is, but I will tell the Senator what is mine; that is all that I can answer for. I think that the State of SCarolina can be re presented today in this body if the flat of the cnate of the U.S. goes forth to that effect. Let the Senate so say, and what will the Senator do? suppose a Son ator oifers himself here from SCarolina and is admitted on the floor of this body, I think the Senator will find himself powerless to exclude him except by exulsion.
Mr. KIRKWOOD. understand the Sen ator to say, then, that in his opinion the 2 States I have named do stand before Congress in the same position, with the same rights?
Mr. DIXON. Not by any means. That is a question for me and other Senators to de cide. When they come here the Senate is to consider whether lawn and SCarolina stand in the same position. We are to judge of that question. My private opinion “is that SCarolina is vastly ditlerent as to her rightsof representation in this bodj from Iowa, but I say that it is a question wholly for the Senate to decide, and that in point of law, whatever the Senate decides upon it is law in spite of any act of Congress to the coptrary. As to the power of the Senate to admit their members, Iowa and SCarolina Stand on the same ground. As to the proper decision to be reached they stand on very different grounds.
Mr. HOWARD. Suppose the HoRep should decide the other way, and refuse to admit Representatives from SCarolina while the Senate admitted its Senators here, what would be the condition then, would the State be in the Union, or where would it be? Would it be in nubibus?
Mr. DIXON. That is possible; we may admit Senators while the House refuses to admit Representatives.
Mr. HOWARD. The Senator will pardon me. What would be the legal and constitutional condition of South arolina in that event?
Mr. DIXON. I think the constitutional and legal condition of SCarolina would in that case be precisely what it is now. I do not think it would alter it in the slightest degree if this body should admit Senators and the HoRep should refuse to admit Representatives. I do not. know that that would affect the character of SCarolina us a.legal question. Take the Senators own State—
Mr. HOWARD. Let me put my own question. ifthe Senator will pardon me. It involves this point, as the Senator will see, whether the war, as an existing state of things, has had any effeet to change the political status and relations of the people of SCarolina as a political community, which we commonly call a State, or has it had no such effect?
Mr. DIXON. I would not say that it had no effect. I never have taken that ground.
Mr. HOWARD. But what effect has it bad, if it had any?
Mr. DIXON. There may be a difference of opinion on that point. I think. notwithstand ing. that South arolina is still a State in the Union. That is m doctrine and always has been. I think that enriessee is a State in the Union. I think that there never wasamoment when they were not States, and when, if every citizen O those States had become repentaut, and they had come here and been received, and you had been satisfied that they were entirely repent ant, it would not have been perfectly competent, preper to say to those States, “ You shali have your representation without a re admission.” Now, it the Senator suggests that there is no difference between Iowa and SCarolina, or Michigan and SCarolina, I do not take that ground; but I say that SCarolina does not need readmission into this Union. Probably that is about the difference between us. I consider them somewhat in the condition of a man and wife who have separated for a period of years and who then come together; they need not remarry and they do not. If that may be made an illustration, I do not think there is a readmission of the rebel States necessar; I do not think reinarriage is necessary. I think they are still in the eye of the law and the Constitution States; and pro vided the public safety in the opinion of the Senate will permit it,these members will properly be readmitted to seats in this body. But it does not follow from this that the strictest examination should not be made into all the circumstances of their condition, an examination which the Senate is fully competent to make. This is the constitutional tribunal where it should be made.
Mr. FESSENDEN. Canwe not inquire what they have been doing in the mean time?
Mr. FESSENDEN. The Senator evidently does not understand the resolution. He has not read it carefully.
Mr. DIXON. I have examined it critically.
Mr. FESSENDEN. It is “until Congress shall have declared ” the State entitled to reprelsentation. That does not necessarily involve a aw.
Mr. DIXON. Is not a declaratory law a law??lVhat is Congress but the lawmaking power
Mr. FESSENDEN. It may “declare” it by a concurrent resolution, as this is.
Mr. DIXON. If the Senator insists on a several resolution, wh not have several action in other respects? I he will agree not only to several instead of JtResolutions but several instead of point acts, and will insertin his resolution “each House for itself," making it several throughout, I will agree to the resolution. My objection to it is that it is joint.
Mr. FESSENDEN. It does not go to the President necessarily.
Mr. DIXON. I agree this resolution does not O to him; but an act of Congress goes to the resident.
Mr. FESSENDEN. It does not say “an act of Congress.”
Mr. DIXON. What does it say? That in order to close agitation upon a nestion which seemslikely to disturb the action of t io Government. as well as to diet the uncertainty which is agitating the mind soft epeo is of the 11 States which have been declared to e in insurrection. no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation.
Mr. FESSENDEN. It may so declare by a resolution like the one before us.
Mr. DIXON. Thatis not an act of Congress. If it is an act of Congress you must have the approval of the President. Your evasion of the Presidents action in this case isibeeause it is not an act of congress; it is the act of each House by itself. an you avoid the right, i of the POTUS to con! cur or non-concur in ever act of Congress?
Mr. FESSENDEN. s not a concurrent resolution, if we pass it, the act of Congress? I do not say “ an act of Congress."
Mr. DIXON. It is not an act of Congress.
Mr. FESSENDEN. Is it not the act of Congress 2
Mr. WADE. I have been listening to your whole speech and I was going to ask the question over again, for I want to know what that policy is. It was ver pertinent to some ob servations on made rst.
Mr. Dl ON. The Senator will not object to my stating it in my own time and place when I reach it, as I assured you I would. I wish 1st to consider what the Senators policy is. That is a far more difficult question to answer. I have written statements of the Presidents policy. Vague and indefinite and fleeting like a myth, or like a ghost on the mountain in Os sian is the policy of the Senator himself and of his friends, excepting only my friendfrom Massachusetts. His policy is understood, and distinctly declared. Now, sir, permit me to consider for a moment the policy O those men who say Congress isto settle this question. The Senfrom Illinois yesterday said there was no man within the circle of his knowledge who claimed that. there should be an indefinite extension in point of time of the admission of re Representatives from these States. Is that so? think not. I have here as an index of the polic of those who differ from me and possibly from the presidentnresolution ollere by the Senfrom Wisconsin, [Mr. Howe] It has never been printed it seems, and I ask the Clerk to read it. That is one index of the policy.
The Secrets read the JtResolution introduced by Mr. HOWE, as follows: "Whereas the people of Virginim of NCarolina,of SCarolina. Of Georgia Florida, Alabama, mississiplili,Louisiana. Texas, Arkapsas and Tennessee, have eretotoredeclared their independenceot the Government of the U.S.,have usurped authority denied to every State by the supreme law of the land. have abiured duties imposed upon every State by the same law, and have waged war against. the U.S., whereby the politicul functions formerly granted to those people have been suspended; and whereas military tribunals are not suited to the exercise of civil authority: Therefore. “Be it reuolverlt,el!" That local government sought to be rovisiunally organizedforthwith fort lic people in one of the districtsnamedin the preamblehereto.”
Mr. DIXON. That is the policy proposed by the Senfrom Wisconsin. Whether the Senfrom Ohio agrees“ with it I do not know. I know that there are Senators here who agree with that policy, and who propose governments to be established for these States as foreign nations, as Territories, as districts, socalled mere districts. That is one policy. Is not that an indefinite extension? The Senfrom Illinois says he knows no man that pro osed any such thing. It
Mr. TRUMBULL. Is that indefinite? Does it not tell when?
Mr. DIXON. Here is the speech, “ The national security and the national faith," a splendid and magnificent effort, like all that comes from him. Before the assembled Republicans of the State of Massachusetts, a body over which he presided, of which I may say that probably it has never been surpassed by any similar body on the face of the globe for intelligence and for character, the Senator himself giving the people of Massachusetts solemnly his opinions and laying down his manifesto, announcing his project which was ratified by the convention. He says: "There must be no precipitation. Time is the gentlest but most powerful revolutionist. Time is the surestreformer. Time is the peace maker. Trme is necessaryto growth, and it is an elementofchungc. For thirtv years and more this wickednesswas may turing. Vho can say that the some time will not be needednow to mature the conditions of permanent peace?" The Senator does not say it will take 30 vears, buthe says no man can say that it will not. agree With him, no man can say it will not.
Mr. WADE. Letme askthe Senator whether he derives the evidence of that policy from the s eeeh of the President made on the 22d of Iebruary. If so, I suppose he knew nothing about it before. Let us have it, then, from that source.
Mr. RIMES. Vill the Senfrom connecticut permit me to ask him whether or not he understands the Presidents theory to be that each and every one of these States is at this time in such a loyal attitude as to entitle it to be represented in this body and in thqHoRep?
Mr. DIXON. That, I think, he leaves to the 2 Houses of Congress, each for itself to de cide. All he says is that a total exclusion is not allowable; and in my private judgment, without being qualified or able to speak for him, I do not think that SCarolina stands on the same ound as Tennessee, and in the veto message ie draws an evident distinction. He says Tennessee, for certain reasons, ought to be represented. He makes a much stronger case for Tennessee than SCarolina can resent. Therefore, I think he does not consi or that the are by any means on the same footin. Iyhe Senfrom Ohio, in the specc m which he introduced a resolution proposin an amendment to the Constitution the other ay, said that he who would go for admitting trai tors was himself a traitor.
Mr. WADE. Is that the Preidents policy 7
Mr. DIXON. The Senator of course meant to assume that somebody had said that.
Mr. WADE. Allow me to say on that subject that I do not know what the Presidents policy is. I cannot find it out. I do understand, however, that he is violently opposed to the course that Congress is takin on the subject; but where the difference is between him and Congress I cannot exactly see. He calls us traitors.
Mr. WADE. Whom does he so call and who not? Now, one moment, for I do not wish to make a s each. The Senator said in opening his sppec ——
Mr. DIXOL. The Senator will allow me. I prefer he should wait until I conclude.
Mr. DIXON. I cited the Senfrom Ohio with entire respect. I wish nothing personal in this discussion. The Senator said that some bod wished to receive traitors.
Mr. DIXON. Hc saida man who was willing to admit a traitor was a traitor himself, and so say I.
Mr. TRUMBULL. Mr. President, by an interruption of the Senfrom Connecticut in the course of his remarks he was forced, from a question which I propounded to him, to take the position that ere was a difference between right and power; and he claimed the exercise of power, because there was the phys ical ability to do what he asked for, thereby admitting that he had no right to do it. Now, sir, I am not disposed to let the Senfrom Connecticut escape from that position. He lays dQWn and maintains before this body the position that the Senate of the U.S and the HoRep, each for itself has the right—no, not the right: he admits that they have not the right, but he says they have the physical power, each body for itself, to de cide upon the elections, returns, and qualifications of the members. I admitted at they N had the physical power to do wrong. Every human being is so created by the great Maker of us all that he may do wrong; but it was re served for the Senfrom Connecticut, occupying a position here in this high assembly of the nation, acting under an oath and appealin to his Maker for the truth of what he should say, to assert that the Senate of the U.S. was the proper body to decide by itself upon the elections, returns, and qualifications of its members, because it had the physical power to do so, and not because it was right. Iforced him to that position, and I shall not let him escape from it.
Mr. DIXON. The Senator forced me into no such position; but let him go on.
Mr. TRUMBULL. That was the very question, as to physical power. Now, sir,rI (ilcpy that, as a Senate, we have the power to do that which it is not right to do. We can exercise no power but a rightful power; and when I prove, as I shall, that we have no right ful power to determine what a State organization is, I say we have no physical power to do it, except as criminals an culprits, false to the oaths we have taken and the positions we hold. Sir, it is a monstrous doctrine, that a Senator of the U.S. has the physical power to do what he has no moral right to do; the physical power to do what he has no rightful power to do. That was the precise form in which the question was put. I asked if the Senate of the U.S. had the right, as I put the question, and be corrected me and said power— as the Senate of the U.S. power to take a person from the avenue and put him into this body—the physical power; and he said they had; that that person would be a Senator here; that it was a question of jurisdiction; and if they had the physical power to do it they had the jurisdiction. Sir, I deny it. I deny the rightful jurisdiction to do any such thin. Was not that the case put to the Senfrom Connecticut? Did he not go on to comment on that very case, and say that Senators from Indiana were admitted into this body who were never elected, making that the basis of his argument?
Mr. TRUMBULL. No, sir, you did not say it was right; but you claimed that they had jurisdiction to do it.
Mr. TRUMBULL. No, sir; it was a usur pation. That is the very point I want to bring the Senfrom Connecticut to.,
Mr. DIXON. I desire the Senatorto explain to me wh he submitted to it for a series of years and final y by a 2/3rds vote expelled the member, if there was no jurisdiction and he was not a member of the Senate. After we had a majority in this body why did he not move a resolution declarin that that person was not amember of the ho y?
Mr. TRUMBULL. I have often been oom pelled to submit to things which I did not appirove.
Mr. DIXON. Compelled by a majority of your own friends here, long before Mr. Bright was exelled 2 The RESIDING OFFICER. The Senators will address the Chair.
Mr. TRUMBULL. He was not expelled for that cause. I voted at a subsequent period to turn him out, before he was exPelled. Has the Senator forgotten that when that person claimed a seat here, I took the ground at he had no more right to a seat than any person from Pennsylvania avenue who had never been elected, but who, by arbitrary power, by phys ical power, usurped authority, was placed in hereiJ Subsequently the question arose ain, and in conjunction with the Senfrom Vermont, who is now no more, (Mr. Collamer,) who Occupied the seat where the Senator now sits, made a report in favor of one of the present sitting Senators from the State of Indiana, insistin, when he was elected to that place, that he had a right to take the seat, that put ting the other person in was nothing but usur pation.,
Mr. DIXON. Will the Senator be kind enough to tell me the date of that report?
Mr. TRUMBULL. I cannot tell the date of it nowthe Senator will find it in the reports.
Mr. bIXON. Was it not before the final action of the Senate on the subject?
Mr. STEWART. I desire to propound a question to the Senfrom Illinois. Does he regard Tennessee now as in the same position as California was before her admission? Is that the idea?
Mr. TRUMBULL. No, sir; butI regard the State government set up in Tennessee as being in precisely the condition of the State governmentnt set up in California. The State of tennessee had once been organized as a State of this Union; the State of California never had been; the boundaries had not been fixed.
Mr. STEWART. Let me put my question again in distinct form. You regard the State government now set up in Tennessee as pre cisely the same things that setupin California?
Mr. TRUMBULT. Yes, so far as our action is concerned, applicable to the question.
Mr. STEWART. So that it requires an act of legislation, an act of Congress, to admit the State. Is that the position? Then I ask if it would not followt at there should be a new act of admission every time aState changes its constitution?
Mr. STEWART. Xllow me to puta case to the Senator. Suppose that when the army of Lee was in the State of Pennsvlvania it had advanced to Harrisbu rg, captured the State House, and every State Officer, and all the public ar chives of that State, had destroyed them all, had burned down the State House, not leaving a single State officer or a paper to show that Pennsylvania. had been a State, would it after the expulsion of that army have required an act of Congress to readmit Pennsylvania?
Mr. TRUMBULL. I have never said it would require an act of Congress to readmit Tennessee", and when the supposititious case that the Senator speaks of arises; it will be time enough to answer it. That is not the case. It is a little like the hypothetical case that the Senfrom Connecticut dwelt upon a few moments ago in order to prove that somebody was in favor of keeing out of the Union 11 States indefinitely. How did he prove it? Mr. SHELLABARGER had made a speech in the HoRep in which he put a hypothetical case, and had said that in case such and such things were to happen, and he was asked the question how long the present state of things was to continue he won d “ with great regret say forever 5” and there the Senator thought that somebody was in favor of keeping the States out indefinitely l Now, will any such hypothet ical case occur? I can put a hypothetical case t“o the Senfrom Connecticut and he will say forever. ”
Mr. DIXON. I think it will occur. What he demands will never be granted.
Mr. TRUMBULL. Does not the POTUS say that if they were dis loKal he would keep them out? Now, let me put a ypothetical case to the Senfrom connecticnt. If the Senfrom Connecticut was satisfied that the Legislature of SCarolina was disloyal and sent disbyal men here, and continued to do so, I ask him how long would he keep the State of SCarolina out? Would he not answer with tears in his e es “forever?” Or would he admit the men? the Senator please. to answer whether he would let them in, traitors at home and traitors here? Let us have the answer.
Mr. DIXON. I will answer that question. I should say that the State of South arolina should never be admitted so long as it was unsafe to admit her, so long as she was disloyal to the Government. But say because the State of SCarolina cannot be admitted, therefore the members of 11 States should not be excluded. Now, sir, the case put by the Gentfrom Ohio to whom I referred was not, strictly speaking, an impossibility or by any means an impossible case; it was the very case which has happened. He says that here are certain guarantees which must be required. I think they never will be granted; he never can carry those guarantees; but he an s that until. they are carried he is in favor o forever excluding all these States. Now, the Senator says, if I understand him, that he does not mean to gpt a real case, but one which can never ihap en. The case put by the Represeutative from Ohio was reall the case befgre us; the guarantees which lie demands are the very ar antees that are demanded by a large bo y of men here, and he says that until these identical guarantees are granted he will keep allthese States out,the entire region out, forever. Now, the Senator asks me what I would do with the State of SCarolina. I have never denied that the Senate of the U.S. has the right to kee SCarolina out forever if it is unsafe to a mit her; I say that the Senate of the U.S. must decide the question; and until the Senate of the U.S. says her members are to be admitted she never can be admitted to be represented here. Sir, it is pot a question of time with regard to that, butitis a question as to who shall decide it, and it is astonishing to me that the Senator does not see it.
Mr. DIXON. Ton did not askqme the question.
Mr. DIXON. No; you asked the Senfrom Kentucky.
Mr. TRUMBULL. I meant the Senfrom Connecticut. He will pardon me if I mix the Senfrom Kentucky and the Senfrom Connecticut together. They have been traveling the same road, and the mistake was a natural one. [Laughter] I beg his pardon. The question which I propound is—I will not ask the Senator to answer it, because I know what his answer would be—had the disloyal Legislature of Tennessee, in 1862, which had sworn allegiance to n. socalled confederate government which was in hostilit to the U.S and was at war with the U.S., authority to send Senators to this body? Of course he will say it had not. That being so, before Senators can come to this body from the State of Tennessee there must be an organization there with authority to send them.
Mr. SAULSBURY. Will the honorable Senfrom Illinois allow me to answer his question I
Mr. TRUMBULL. The question I asked the Senfrom Connecticut?
Mr. TRUMBULL. Oh, yes, I will allow the Senfrom Delaware to come in and answer if he will reply to the question and not make a speech.
Mr. SAULSBURY. I do not wish to volunteer in any controversy between gentlemen on the other side of the House; but as I propose to say a few words on this subject beddre the debate closes, and as I difier so widely from anything that I have heard said upon this floor upon either side of the question, I respond directly without any equivocation to the Senator, yes. When armed resistance to Federal authority was suppressed in the States which had assumed to secede, and when, saying that they are willing to resume their former relations to the Federal Government, they send their Representatives to the other House and their Senators here, and those Representatives and Senators are willing to take the oath to support the Constitution of the U.S., and no other oath, I respond atfirmutively that those States have a right to be represented by the men so chosen; and that is the basis of the argument which I shall presume to make before this discussion is over.
Mr. TRUMBULL. The Senfrom Del awarvstates a diilerent case from the one which I put. He says when peace has come; I said in 1862, when the Legislature of Tennessee was disloyal; when it had sworn allegiance to a socalled confederate government; and I asked whether then, when it was fighting the U.S., it had a right to representation here; and the Senator instead of answering the question goes on to talk about a state of peace. That was not the case I put. Now, I wish to put it to the Senfrom Delaware, as I asked it of the Senfrom Connecticut, and no doding about another case——
Mr.SAULSBURY. The Senfrom Del aware never dodges.
Mr. TRUMBULL. The Senator interfered to answer my question. Sir, it is a question susce tible of an answer in monosylla le, and I sha I be happy to hear the Senfrom Del aware.
Mr. DIXON. The Senfrom Illinois says “no dodging.” He told me before that he did not wish me to answer that question.
Mr. TRUMBULL. I did not say that to the Senfrom Connecticut. I was not addressing my remarks to the Senfrom Connecti cut, but I am talking now to the Senfrom Delaware.
Mr. DIXON. The Senator said he nt it to the Senfrom Delaware and desire an an swer from him because he had received none from the Senfrom Connecticut, and then he said he wished no dodging, intimating that I had dodged his question. If the Senator had not said that he desired no answer from me I should have re lied to him.,
Mr. TRUM ULL. I did not say that I re ceived none from the Senfrom Connecti cut.
Mr. DIXON. I think the Senator is mistaken. Probably he did not mean it, but he said it.
Mr. TRUMBULL. Not at all. I was not addressing myself then to the Senfrom Connecticut. I had said to him before that I did not ask him to answer becausel knew what his answer would be. The Senfrom Del aware interposed and endeavored to give an answer, but he stated another case. I said to the Senfrom Delaware, “ No dodging of my question by putting another case about peace; but I said nothing aboutdod ng to the Senfrom Connecticut, and I did not mean the word in any offensive sense to the Senfrom Delaware. I only meant that I wanted an answer to this question, which is not one aboat a state of peace. When the State of Tennessee as a State organization was in armed rebellion against the government of the U.S., when its Legislature by every one of its members had sworn allegiance to a socalled confederate government in hostility to the U.S., and was prosecuting this war, I ask the Senfrom“ Delaware if then that Legislature was entitled to representation in this bod?
Mr. SA LSBURY. Mr. President, the SenfromDelaware has no difficultyin answers in a question of that character. Being an individnal who, during this war, has sat in this Chamber and heard im utations, not direct and personal upon himseli butupon those who were associated with him, and remaining as quiet as he could under the imputations, he is now free to answer the question of the honorable Senfrom Illinois; and his answer is emphatic and to the point. Never having believed in the doctrine of secession, never having recognized the right of any State of this Union to go out and to assume independent relations with reference to this Government, he would not at any moment during the war, when a State, actin through its organic forms, would have sent a representative to the other House or to this, have admitted him, but he would have said he had no right here. But when the heavenly angel of peace has appeared and there is no further war, when peace is restored to a bleeding and distracted country, and when the southern Stateshave assumed the position which they ought to have maintained from the beginning, that of fealty and fidelity to the Federal Government, when they acknowledge that the entered into a bootless war and come back wi that humiliation upon their lips, and they send men who now are what the gentleman calls loyal—a term that I do notknow the meaning O as applied to republican government—when they send the jrrepresentatives and say, “Now, we have appealed to the common arbiter, the sword; we have not succeeded in this contest, and we wish to resume our relations with the Federal Government,” I hold to the doctrine that you have no right to apply any test to those representatives than that O present fidelity— can they take the oath to support the Constitution of the U.S.? hat is my position.
Mr. TRUMBULL. Mr. President, the Sen ators vision may be clearer than that of some of us, and we may not have been able to see this angel of peace that has been flittin before his e es. But who is to determine when the tinge of peace has come? The Senfrom Delaware has seen the angel. [Laughter. The rest of us may not have seen him. Will he t let us wait until we see that friendly angel coming, when we shall all reoice to welcome back representatives from all the States that have been in rebellion? We all agree with him as to what is to be done when that time comes and when the are loyal to the country, though the Senfrom Delaware—and Iwill pardon him for that—seems not to understand the meaning of the word loyalty. Some of us do. I am sorry that during this war he never has been able to ascertain what loyalty was. Then, sir, I have it admitted by the Senfrom Delaware that while the war was raging, and while the rebel Legislature was in session in Tennessee, it had no right to representation here. That is an admitte fact now—admitted even by the Senfrom Delaware. I know my friendfrom Connecticut admits it. That being the condition of things, how are we to get out of it? There was a time when there was no State government in Tennessee from which we could receive representation. Now, it is said there is a State government intennessee. Who says so? The POTUS Vho gave him authority to decide that? The Constitution says that each House shall be the judge of the elections, re turns, and qualifications of its own members. What does that mean? It means that each House is the judge of the qualifications, the elections, and the returns of members from a locality or a constituency or a body that has a right to send members.
Mr. DIXON. Does not the Senate judge whether they have the right?
Mr. TRUMBULL. the Senate judges after it is once established that there is a constituent body. After you have got a congressional dis trict, the HoRep determines whether a man is elected from that district; but the HoRep cannot fix the district. For instance, the good old State of Connecticut has, I believe, 4 Re Representatives in the other House. The HoRep determines whether a man is elected from one of those districts to the HoRep; but it cannot determine, and has no right to determine—there comes up the question of physical power—that a man who has got the mostvotes in 2 districts together is elected. The HoRep cannot fix the districts. Congress may fix the districts, althonvh it has left that matter to be regulated by the States. It is in the power of Congress under the Constitution to determine what shall be a district in the State of Connecticut; but the HoRep cannot determine it, and why? Because no such power is vested in the HoRep in determining the elections, qualifications, and returns of its members. That is a very different thing from determinin the constituency that is to e ect.
Mr. DIXEON. Does the Senator claim that the House has no jurisdiction of the question whether a district s taken its proper bound aries?
Mr. TRUMBULL. I do claim that the HoRep has no power whatever to fix what the boundaries of the district are, and I claim that Congress has complete power to fix the boundaries of districts.
Mr. DIXON. I am not Speaking of fixing the district; lam speaking on the basis of the existing law. A district is made by law, and a man presents himselfclaiming to be a member from that district; has the HoRep, or has it not, jurisdiction of the question whether the member is elected by that district with its proper boundaries?
Mr. TltUhIBULL. Undoubtedly that is the very thing that the HoRep has jurisdiction of. When on have ot a district to elect from, then the HoRep has jurisdiction to determine whether themember is elected from thatdistrict and when yonhave got a State government in Tennessee to elect Sen ators, then the Senateis competent to determine whether Senators come from that State government. But the HoRep has no power to determine what shall constitute a district in Connecticut, and it would be usur pation if it attempted to do it. So it is ausur pation it the Senate attempts to determine what the State government of ennessee is.
Mr. SAULSBURY. Will the Senator allow me to explain a remark which I made awhile ago 1
Mr. TRUMBULL. Cannot the Senator wait until I get throu h?
Mr. TRUMBULL. Very well, I will hear the Senator.
Mr. SAULSBURY. I shall not interrupt the Senator further, but in my res onse to him just new I made use of a remar whichIdo not wish to go out to the country unexplained. I remarked that I did not know the meaning of or the oliice which the word “loyalty” per formed during the war. I know what loyalty means according to my own interpretation as a citizen, as a member otthe State. It means simply, in my judgment, obedience to the law. I recognize the word “loyalty,” therefore as a citizen of a State, or a citizen of the U.S., as comprehending this in its fullest import, obedience to law. What I meant to say was that I did not understand what the term loyalty meant as used by gentlemen on the other side during this war. I shall enter into no further explanation now; I shall take occasion in a few days to explain what I meant by that; but I did not wish to be put upon the record as saying that I did not. know what the word loyalty meant. According to my understanding it means obedience to law; obedience to Federal law within the scope of the powers of the Federal Constitution and the federal Government; obedience to State law within the scope of State authority. I did not wish to interrupt the Senator; I merely wished to make this exlanation.
Mr. TRUEIBULL. I am exceedingly glad that the Senfrom Delaware has made his explanation. I have no comment to make upon it. I only regret that it should have taken me from the precise point which I was trying to present to the consideration of the Senate, an that was the difference between determining what was an organization to elect members and determining the question of the elections, qualifications, and returns of members. I trust have made that clear by the illustration in regard to the election of members from separate districts. While, asI say, the HoRep has a right to determine upon the election, qualifications, and return of a member from a district, it has no power to fix the district or to determine what the district shall be, but Congress has that power. When I use the word “power” I mean rightful power; I do not mean usurpation. When I am talking of the exercise of powers in this body, I mean rightful powers.
Mr. TRUMBULL. Thenifthe Senatormeans rightful power, I undertake to say to him that the POTUS has no right ful power to determine whether or not an organization has been established in Tennessee which is the legitimate State organization; I mean to say that the Senate has no rightful l power to determine that; and I mean to say the U.S. have rightful power to determine; that. “The U.S shall guaranty to l every State in this Union a RFG.” The HoRep cannot doit; the Senate cannot do it; the Presi dent cannot do it; but it requires all together; they constitute the U.S., and hence the mode of proceeding which has been adopted. Butwhen members present themselves here, the Senfrom Connecticut desires each House to act separately. What would be the consequence of that? Very possibly it would be that one House would admit members from the State of SCarolina, and the other House exclude them; and then what would be the condition of things I We have had that state of things during this rebellion once. There was a time during the rebellion when the HoRep admitted, improperly as I thin, members from the State of Louisiana.
Mr. DIXON. Was that an act ofusurpation?
Mr. TRUMBULL. I think it was an unau thorized act.
Mr. TRUMBULL. Yes. sir, it was an act without authority, in my judgment, because the State organization having been overthrown, I think it required the concurrent action of both Houses to recognize it again, just the same as in reference to California. Now I come back to the point where the Senator tzrom Nevada questioned me, when I read from the law to show that when the question arose as to whether the organization WlllCll had been originated in the State of California, not in pursuance of any law of congress, but by a voluntary movement of the peep e, should be recognized as the State organization, it was submitted to Congress; and each House did not think of determining for itself whether it would admit the member who had been chosen. It is always so. In regard to the admission of new States we pass an enabling act authorizing a State government to be formed upon certain conditions, and we some times allow the President by his proclamation to declare the State in the nion when the conditions are complied with. At other times we hold the power in our own hands of determining by the action of congress when a State is properly organized. So say now. Not that Iwant any law to admit these States into the Union; I want no such law; I contend for no such principle; but I do contend that it is proper, and the only proper way, for Congress y joint action to ascertain and determine whether after a State government has been overthrown in any of the States the new organization which has been set up is entitled to representation or not.
Mr. COWAN. I wish to ask the Senator a question, and I want it answered distinctly, and as the Senator says in monosyllables, because it may be answered in that way. We had at one time in the State of Pennsylvania 2 Legislatures in session at the same time, 2 Houses of Representatives and 2 Senates. Now, what I want to know distinctly from the Senfrom Illinois is whether if one of those Legislatures had elected a Senator to this body and his credentials had been presented here to the Senate and referred to his ComJudiciary, that committee would have a right to inquire whether the body making the election was the true and legitimate Legislature of Pennsylvania, or whether it was not?
Mr. TRUMBULL. I will answer that question by asking another: was the State governmentnt of Pennsylvania overthrown and in the hands of traitors at any time?
Mr. COWAN. I cannot say; but it was thought by a great many of the people that half of it was.
Mr. TRUMBULL. When you get such a case and present it to me, I will answer your question.
Mr. COWAN. Then I understand that the Senator will not answer.
Mr. TRUMBULL. He cooperated with me. I was for it.
Mr. DIXON. I think I did not vote for the measure referred to by the Senfrom Ohio.
Mr. TRUMBULL. I have not looked at the eas&nays; but you and I agreed.
Mr. DIXON. That she ought to be admitted.
Mr. DIXON. I ask permission to say a word in re ly to the Senfrom Illinois.
Mr. DIXON. I will be vei brief. Mr. President, the Senfrom Ilhnois exceeds many members in this body in legal knowledge. He exceeds them all in that peculiar solemnity of manner in which he can point out the enor mities of those who ditler from him on this floor. If the solemnity of manner in which be de picted to the Senate the atrocities of the sentiments which I had uttered here could appear in the report I fear I could scarcely stand before in constituents. 2The Senator represents me as being driven into the position, and he says he has driven me there, of p claiming that this Senate has a right to usurppower; that I justified a of power. usurpation I think I need not say that took no such ground. I said nothing about physical power until the Senator himself used the word. c said that a certain act was physical power. I said the Senate could use physical power. Any body which has jurisdiction of a subject can abuse it. The SCOTUS may usur power and may carry out its mandates. The HoRep may do it; congress may do it; this body may do it. I do not claim that they have a right to do it; but I say that when the Senate of the U.S. in the the case of Mr. Bright took upon itself to judge whether he was elected, itwas not a usuration; it was a wron decision. I think they ecided incorrectly. think that Mr. Bright before that vote had no right to a seat here; but after the vote the Senate acquiesced, and I understood the Senatorhimself to acquiesce in the decision. He says that he afterwards presented a report against the right of Mr. Bright tq a seat. If he did, he very soon abstained from pushing it to a conclusion.
Mr. DIXON. For 2 long years he acquiesced and the Senate acquiesced, for when the part to which we belong came into power Mr. gright was sitting here and acting here as ablegislator.
Mr. FESSENDEN. That resolution was taken n at the very 1st session after the other.
Mr. DIXON. In the 1st place,itwasdecided by Mr. Brights political rieuds that he was entitled to a seat here. Afterward a claimant came here and demanded the seat. Many of us took the ground that he on ht to have it. What did the Senate decide? Tfiat Mr. Bright was the Senator.
Mr. FESSENDEN. The Senate was Dem ocratic then.
Mr. DIXON. Perhaps it was; but I say that we had a majorit in this body long before Mr. Bright was expel ed, and 2 decisions are no better than one. Had we not a majority in this bod when Mr. Bright was expelled?
Mr. DIXON. I do not know how long, but for a considerable time.
Mr. FESSENDEN. He was expelled the 1st session afterward.
Mr. WOWARD. The Senfrom Connec ticut is certainly mistaken in saying that congress admitted Sens&Reps from Michigan before they admitted the State.
Mr. DIXON. Very well. Iain very sure in the case of California there was none; but, however, I will not insist upon that point. Now, take the case of Louisiana. The Sen ator says that he and I agreed on that subject. He says we were anxious for the admission of the members from Louisiana. What was done in this body on that subject? I am not sure that the Senfrom Illinois himself reported a resolution to admit the members from Louis iana. I think the Senfrom Kansas [ML LANE] moved to admit the members from Louis lean; and I think the Senfrom Massachusetts, [Mr. SUMNER] actin under a high sense of duty, took upon himse f the responsibility of defeating that proposition by resorting to every parliamentary mode that could be used. Was not that the case? I think so. I think the question was on the admission of members from Louisiana.
Mr. TRUMBULL. If the Senator will look at the record he will find that he is mistaken.
Mr. TRUMBULL. It was on the point res olution which was reported by me, as c airman, from the ComJudiciary.
Mr. DIXON. My im ression is that Mr. LANE, of Kansas, moved that those members he admitted, and that on that question the Senfrom Ohio, Mr. WADE] the Seuatorfrom Mich i an, [ML owmn,] the Senfrom Massachusetts, [Mr. SUMNER] took what I thought to be the high responsibility of preventin the opinion of the Senate from being expresse. I think that to be the case. The Senfrom Massachusetts assents to it. What, then, was the condition? It was proposed in this body to admit members from Louisiana in the ab sence of an act of Congress. There was no act of Congress declaring Louisiana admitted to the Union, or restored to the Union, or fit in any way to be represented here. It is true the ComJudiciary had reported a res olution for that purpose, but it had not been adopted. It was then proposed to admit those members; and there is not a Senator within the sound of my voice who will not bear witness that this body, if it had been permitted to come to avote, would have admitted the members from Louisiana. The Senfrom Illinois was in favor of that admission. He is right when he says that he agreed with me at that time. Why were they not admitted? Because there was no not of Congress for the admission of the State? N o, sir; but because there was no law iermit ting negro suffrage in Louisiana; and or that reason the Senfrom Michigan, the Senfrom Massachusetts, the Senfrom Ohio and the other Senfrom Michigan comhmod together to defeat it—I will not say in an im That is for them to judge. hey are the udges of their owa action. I thought if I had taken that course I should have been wrong; but they prevented a vote on that question.
Mr. TRUMBULL. If the Senator will allow me I will refer to the Journal on that subject, as he places me in a Wron position.
Mr. DIXON. Certain y; I only wish to ascertain the facts.
Mr. TRUMBULL. In the Journal of Feb ruary 23, 1865, I find this entry: “ On motion by Mr. Tnuxnum. topostponethe further consideration of the bill until tomorrow, and that the Senate roceod to the consideration of the JtResolution S.No. 117)recognizing the govern m“ent of the State of Louisiana, t was determined in the aflhmative—yeas20, nays 17.1! The Senfrom Connecticut voted with me on that motion. The resolution came up, and Various motions were made, and we got no definite action upon it. The Senator recollects it probably; but the question was not on admit ting members, but it was on recognizing the government of Louisiana.
Mr. HOWARD. If the Senator willpermit me
Mr. DIXON. If the Senatorwill excuse me, I prefer not to give way. I shall be through in a moment.
Mr. HOWARD. The Senator has made a statement in regard to myself which requires correction, and I hope he will allow nie to correct it here.
Mr. DIXON. Iwill correct it myself. The Senator was not in that combination, if that is the point in which I err.
Mr. HOWARD. No, sir; that is not the point in which you err.
The PRESIDING OFFICER, (Mr. ANTHONY. The Senfrom Connecticut is entitle to the floor.
Mr. DIXON. I must decline to give way. The Senator will have an opportunity to re ly. Now, what was the condition of affairs? ere was a JtResolution, reported by the ComJudiciary, to recognize the State government of Louisiana. The Senator says I voted with him on that resolution. Very well; if I did I probably voted right. What, then followed? That resolution was never adopted by Congress. I think it was never adopted by this be y. Notwithstanding that failure, a res olution was offered in this body for the admission of the Senators from Louisiana by name. Upon that question did the Senate come to a vote? No. Why not? Because, as the Sea.from Illinois then said, a factions course was pursued in opp position to it. I think I am not mistaken in t at.
Mr. TRUMBULL. It was not upon that question.
Mr. DIXON. It was on the question of the admission of Senators.
Mr. TRUMBULL. Not at all. had that question u for action.
Mr. DIXON. 1 en I stand corrected. I have a distinct recollection that somebody denounced it as a factions opposition, and I thought it was the Senfrom Illinois; but he says I am mistaken.
Mr. TRUMBULL. The Senfrom connecticut and myself ought not to misunderstand the facts. The Senator is under a misappre hension, of course. We had no controversy in the Senate about a resolution to admit Sen ators. The controversy in the Senate was on the adoption of a resolution recognizing the State government of Louisiana, not on a motion by the Senfrom Kansas or anybody else to admit Senators.
Mr. DIXON. Was Lt not for the admission of Senators from Louisiana?
Mr. TRUMBULL. There may have been such a motion, but there was no controversy on that subject.
Mr. DIXON. If the Senfrom Massachusetts did noj prevent the Senate from coming proper manner. We never to a vote on that subject, I am entirely mistaken.
Mr. DIXON. I will ask the Senfrom Massachusetts whether I am right on that point.
Mr. SUMNER. I think the question was on the JtResolution to which the Senfrom Illinois refers.
Mr. DIXON. Then I am mistaken. I supposed it was on the admission of the Senators from that State. If I am mistaken in that, of course what I have said on that point falls the round.
Mr. SUMNER. That was considered as reliminary, of course, to the admission of Senators.
Mr. RAMSEY. I move that the Senate do now adjourn.
Mr. DIXON. The finator will allow me to say that in statin what I did in regard to the Senfrom Michigan, Iquoted from memory, and did not intend to misre present him.
Mr. HOWARD. Certainly, there was no intention of the sort.
Mr. FESSENDEN. I ask the Senfrom Minnesota to withdraw his motion to adjourn.
Mr. RAMSEY. If it is desired to have an executive session, I withdraw the motion.
The PRESIDING OFFICER. The motion to adjourn is withdrawn.
Mr. FESSENDEN. I do not desire an exec o utive session, but I want to say to my friends on this side of the Chamber that if theyintend that we shall not become perfectl contemptible in the eyes of everybody it will be time for us pretty soon to begin to o something, and not, after these mattershave been dragged out to such a length, adjourn every day at this hour. I gave notice yesterday that I wished to have the debate continued longer than the ordinar time. If we come in here and make a speech a da in the way we have been going on, the result will be that we shall never get through, and never accomplish anything. There are questions behind this that must be acted upon. gentlemen must make ii their minds to stay here a little later than this if they ever expect to dis ose of these matters. I hope the Senfrom innesota will not renew adiaurr.n
Mr. HOWARD. The dayis so far spent that I presume the Senfrom Nevada would not feel like going On with his speech this and as a matter of courtesy to him weevsehnoinugd, now adjourn.
Mr. FESSENDEN. I am very unwilling to object to the extension of a courtesy to my friendfrom Nevada, but if we adjourn simplybecause a friend on our side of the Chamber has the floor and wants to take the morning to make his speeeh, we cannot tomorrow refuse the same request when made by some gentleman on the other side who may wish to go on the next day. We must apply the same rule to ourselves as to others.
Mr. HOWARD. I take it that “ sufficient unto the day is the evil thereof."
Mr. FESSENDEN. I am sorry to be obliged to do it, but as we must evidently a ply the rule somewhere I would rather make teobjection in the case of a political friend of mine than in the case of one who did not occupy that relation.
Mr. CONNESS. I suggest to the honorable Senator who has this matter in charge whether, until these discussions cease, the Senate ought not to follow the example set by the HoRep from time to time and hold night sessions for the purpose of allowing Sen— ators who have speeches to make to make them. I know very wel that night sessions are not agreeable, but we are not here in times like these altogether for a reeableuess; and there is nothing more true than the statement made by the Senfrom Maine that there is an absolute necessity, not only of disposing of this question, but of great questions that stand behind it and that are pressed back. It will be remembered also, Mr. President, that we are doing no other business. Our morning hour is consumed nearly every morning without passing a single legislative act of any kind. We have no time to do other business here, and the States we represent in local legislation will suffer until we can get these questions now pending out of the way. I hope that gentlemen will prepare to sacri— is motion to ficea little in this matter, a great deal if necessar,and come here during the evenings and made their addresses then. There is no doubt in the world, while we might receive more light from the speeches st to e made on the subjgct, that after the discussion we have had even to this extent upon this question now pending in the Senate, what is sai is mainly repetition. Still, Senators desire to be heard, but I think they ought to agree to come here in the even in and let us hear them then.
Mr. HOWARD. It is impracticable to come in the evenin.
Mr. CONNESS. The Senfrom Michigan, for whose judgment and feelings alike I have the greatest respect, replies that it is not practicab e. Now, what is not practicable? he Senator has the power of locomotion, and so have I, and so have we all. If the Senator will sayit is not agreeable, then all that I have said will address itself to that proposition.
Mr. HOWARD. What I mean to say is, what is undoubtedly in the experience of the honorable Senfrom California, that it is next to impossible to have a quorum of the body together for the transaction of business in the evening. We have almost always found it so, except at the close of the session.
Mr. CONNESS. We may discuss these subjects without a quorum; we are uot voting, and do not require a quorum, and we may meet here and transact tobusiness, such as it is, that we are engaged in without the necessity of a quorum. Sir, these are no ordinary times in which we live. What was the burden of the entire discussion today? Apart from certain points of argument, the burden of the address of the honorable Senfrom Illinois, the chairman of the ComJudiciary, was to the end that there was a demand for the admission of these States, and those occupying the position of the Senfrom Connecticut urge this against their friends here day by day in ong speeches—burdensome speeches, I was going to say. Now, sir, if there is a necessity for the admission of these States there is certainly a necessity of acting on the question in 2 a manner as to dispose of it. hope we shall go on and sit in the evenings, as I have suggested.
The PRESIDING OFFICER. The question before the Senate is on the adoption of the resolution from the HoRep.
Mr. JOHNSON. I move that the Senate do now adjourn. Mr. FESSENDEN. na s on that motion. The yeas&nays were ordered; and being taken, resulted—yeas 21, nays 16; ABSENT. 18. So the motion was agreed to; and the Senate adjourned. I ask for the yeas and
###HOUSE OF REPRESENTATIVES. TUESDAY, February 27, 1866., The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Born ox. The Journal of yesterday was read and approved. I
The SPEAKER. The 1st business in order is the consideration of the proposed amendment to the Constitution, reported on yesterday from the JtComReconstruction, and which was postponed until this morning, im mediately after the reading of the Journal. Upon that question the Gentfrom California Mr (HIGBY] has the floor.
Mr. HIGBY. Iwill yield the floor for a few minutes to m friendfrom NewJersey [Mr. NEWELL] an others, who desire to have some business disposed of now. VETERAN RESERVE CORPS.
Mr. NEWELL presented the JtResolutions of the legislaure of the State of NewJersey in relation to the Veteran Reserve cor s; which were referred to the ComMilAffairs, and ordered to be printed. U.S. ATTORNEYS, MARSHALS, are.
Mr. ONEILL, by unanimous consent, introduced a bill supplementary to an act entitled “An act to regulate the fees and costs to be allowed clerks, marshals, and attorneys of the circuit and district courts of the U.S., and for other purposes,” approved February 26, 1853; which was read a 1stand 2ndtime referred to the ComJudiciary, an ordered to be printed. SEWERAGE, nTC., IN WASHINGTON.
Mr. INGERSOLL. I ask leave to report back a bill from the ComDistCol with a substitute; which I ask to have printed and recommitted to that committee.
Mr. WASHBURNE, of Illinois. What is the bill?
Mr. INGERSOLL. It is Honse bill No. 288, to establish a complete and uniform plan of sewerage of the city of Washington, and to provide forsnch improvement and regulation of the tide water front of said city and of the canals and natural water courses passing through the same as may be necessary or the public health of said city and the general interest thereof.
Mr. WASHBUR. E, of Illinois. I am opposed to that and everything connected with it until we have passed upon some other matters.
Skip Skip LEAVE of ABSENCE. Mr. ALLISON asked and obtained leave of absence for his colleague, Mr. Ksssozv, for the remainder of the week on account of indisposition. HEIRS or JUAN MIRANDA.
Mr. McRUER, by unanimous consent, introduced a bill for the relief of the heirs and legal representatives of Juan Miranda, deceased which was read a 1st and 2nd time, and referred to the ComPubLands. AMBROSE L. GOODRICH and NATHAN CORNING.
Mr. WELKER, by unanimous consent, introduced a JtResolution for the relief of Am brose L. Goodrich and Nathan Corning; which was read a 1st and 2nd time, and referred to the comPostOffice. RIGHTS OF CITIZENS. The House then resumed the consideration of the following JtResolution (H.R.No. 63) proposin an amendment to the Constitution of the U.S.: Resolved 1:, the Senate and HoRep of the U.S.A. in Congress mumbled, (2/3rds of both I Houses concurring.) That the following article be proposedto the Legislatures of the several States as an amendment to the Constitution of the U.S., which, when ratified by 3/4ths of the saidLegislatures, shall be valid as part of said Constitution. namely: AaricLs; The Congress shall havepowerto make all laws which shall benecessary and proper to secure to the citizens of eachState all privileges and immunities of citizens in the several States, and to all persons in the several States equal protection in the rights of life liberty, and property.
Mr. NIBLACK. I beg to inquire of the Gentleman whether the amendment to the Constitution he is advocating is intended or calculated to have any effect on the condition of the Chinamen in California. If it is to have any effect upon the Chinese population there, let us know what effect it is to ave?
Mr. HIGBY. If the Government will annul the treaty with China, the people of California will get rid of the Chinese. I know something of the Chinese, and do not believe the Gentfrom Indiana does.
Mr. HIGBY. The Chinese are nothing but a pagan race. They are an enigma to me, although I have lived among them for 15 years. You cannot make good citizens of them; they do not learn the language of the country; and you can communicate with them only with the greatest difficulty, as their language is the most difficult of all those spoken; they even dig up their dead while decaying in their raves, strip the putrid flesh from the bones, an transport the bones back to China. They bring their clay and wooden gods with them to this country, and as we are a free and tolerant people, we permit them to bow down and worship them. Sir, they do not propagate in our country. A generation is not growmg up in the State, except an insignificant few in comparison with the great number among us. Judging from the daily exhibition in our streets, and the well established repute among their females, virtue is an exception to the general rule. They buy and sell their women like cattle, and the trade is mostly for the purpose of prostitution. That is their character. You cannot make citizens of them.
The SPEAKER. The gentlemans hour has expired. Mr. andALL, of Pennsylvania, obtained the floor.
Mr. HIGBY. I have a very few remarks to make.
Mr. NIBLACK. I hope the gentleman will be allowed to finish his speech.
The SPEAKER. How much time does the gentleman want? Mr. HIGBY. 5 or ten minutes.
The SPEAKER. Is there objection? There was no objection, and it was ordered accordingly.
Mr. NIBLACK. I understand that gentlemen on the other side have taken the position that intelligence is not at all necessary to the exercise of the right of voting; that a man, from the fact of belonging to the human race, is entitled to vote and to be called a man and brother. I understand them to urge it is a question of manhood and not a question of morals, not a question of religion. If a Chinaman is one of the human race, why should he be degraded below the negro? Why should he not receive the same right as the negro? I should like to understand it. The negro is of pagan race, and is a pagan before he comes here.
Mr. HIGBY. But he is not a pagan now. The negro is as much a native of this country as the gentleinan or myself. I will say, from what I have seen of the gentleman, when he knows that people as well as I do, I would abide by his judgment in reference to the position they should take in any civilized community.
Mr. NIBLACK. One word. The gentleman is very kind. I have no difficulty myself in arriving at a couclusion upon this question; and I was aware that the gentleman knew more about the Chinese people in this country and in the country from which they come than I do. I asked for information. I am.to understand why we should exclude one race and include another, wh we should deny to these people the right of naturalization, for instance, and allow it to others.
Mr. HIGBY. I will tell him. They are foreigners and the negro is a native.
Mr. NIBLACK. l by do you not naturalize them?
Mr. HIGBY. I have given a very good reason. Mr. Speaker, I think the passage of this resolution and the adoption of it by the States, thereby making it a portion of the Constitution, will give power over these subjects. But, sir, it is no more than due and proper eaution, in the midst of the stirrin events that we are living in now, and in view to those which are past, that we should hold the power which we possess here in this legislative body to decide this question for ourselves, and in our own way, withOut executive dictation and we hold this power if we insist, as we have been insisting, and as we are now insisting, that it shall be decidedb legislative actinn. We hold this very subject of slavery that will grow up under the exception to the late amendment entirely within our power, and we will thereby be enabled to banish really and forever the institution of slavery from the limits of this country and God knows that is my hearts desire. Mr. Speaker, I trust that the wisdom of this House will run in the same channel that it has done heretofore, and that the radicalism that is talked about here, and which is made use of only as a flimsy excuse by the enemies of the country to stigmatize the very principles that were held to by the 38th Congress as the extreme of the revolutionary doctrines of the day I hope that that radicalism will continue. It is the only straight forward way of dealin with the question. If we stand firm in our adesion to these doctrines we shall be the conservators of the rights of the people and the institutions of the country. There will be no danger then and no doubt as to the successful termination of all our troubles.
Mr. PINCKNEY and Mr. Rurtsoos moyod to styikc out the remaining part. namely. but their provisions concerning them may at any time be altered by the Legislature of the U.S. The States they contended could and mustbe relied on in such cases. “Mr. Guniiiii. It would he as improper to take this iower from the national Legislature asto restrain the llritisli Parliament from regulating the circumstances of elections, leaving this businessto the countie“s themselves.
Mr. lune. If this power be not given to the na “{lllltlvLeglfllnilllfl, lllollll ht of judgin of thereturns at their members inay be iustrated. u probability has been suggested otits being abusedby them. all the a A thin "In “mo ereelirm the general Government on! liiillilirilu u/ l (1 State Legislature has been fatal to the eilerq/ twill/l/l Ilfllldl.it would seemin if my IlfiI/rniiwnnhllfmler llu dangerous idea. T. UUUVD1HNBURLIORI Hob Sscryed that the Stats Plslit make [alsoreturns, and then make no provisions tor pew elections. to Manama“ did not know but it might be best retain the clause. though he had himself sufficient conlidence in the State Legislatures. The motion of MnPixcsxnr and Mr. Rnrtsno: diffnot prevail. the word requiiectively was inserted smithe word State! "On the motion of
Mr. CHANL R. Willt cgentleman allow me to ask him ti. question?
Mr. CHANLER. Does the gentleman recognize the President as the representative of the people or not?
Mr. KELLEY. I recognize him as the agent to whom has been confied by an inscrutable Providence the execution of the laws of the country. I recognize him as the one man in all the Union who has the least right to come. and, under threats of popular tury, dictate to the lawmaking branch what laws it shall consider and enact. He is excluded by the Constitution and the law from that right and that power.
Mr. CHANLER. Onemore question. Does the Gentfrom Pennsylvania recognize the veto power as a constitutional power or as the exercise of arbitrary power?
Mr. loodwort. Now. sir. does not this clause give an unlimited and an tndedpower to (bnoreu over the tiara. place and mannerof choosingRepresentation! They may make the time of election so long. the place so inconvenient and the manner so oppromive. that it will entirelydestioy representation. I hope gentlelncn will exereise their own understanding on this occasion and not.let their judgment helod away by thesesliiningeharacters. fiirwhom. however. I have the highest respect. This Constitution. if adopted in its presentmode.mustend in thesubversion of our liberties. Suppose it takesplace in NCarolina. canfarmerselectthen? No. sir. Thoelections may be in such a manner that men may beappointed who.are not Represeutativesof the people. his may exuit and it ought to be guarded against. As to the placc. Suppose Congress should order the elections to be held in the most inconvenient place, in the most inconvenieut district. could every person entitled to vote attendat such aplaeu? Supposethey should order it to be laid off into somany districts and order the election tobeheld within eachdistrict; yet may not their veroverthe warmerof electionenablethemtoexcl from votingeverydescriptionofnm they please! “Governor Johnston. I am not up rehensive that this article will be attended with a the fatal consoquences whlch the gcutlemnn conceives. [conceive that Congresswill have no otherpower than the Slate: lmtl. Tc Stateswith regardto electionsmustbegovern by the articles of the Constitution; so must Congress. ".
Mr. RANDALL, of Pennsylvania. I hope the gentlemans time will be extended.
Mr. KELLEY. I ask the Gentfrom NewYork [Mr. HALE] to yield, and I hope“ the House will grant me the indulgence of extending my time. It is the 1st time since I became a member of the House that I have appealed to the House to grant me such a favor.
Mr. HALE. If the gentlemans argument touched the questitgi before the House or if it is likely to touch it, I will yield; but if it does notl most respectfully decline to do so.
Mr. KELLEY. I have thus far been engaged in presenting the evidence from which m orment is to be deduced, and I supposed was ying broad premises to enable me to bring a very co ent argument to bear upon the question he ore the House. I have, not without shine labor, quarried out matter, a rtion of which I have given to the House, an I think it will enable me to touch with some potenc the question before the House, a question which is to go before the people, if we pass the amendment, and the facts am presenting ought to be considered by the people. As I am speaking without brief or notes except copim of the extracts I am presenting, I appeal to the court esy of the ntleman.
Mr. HA E. I will yield to the gentleman ten or 15 minutes if that is likely to bring the suhect before the House.
Mr. iELLEY. Will not the House allow me to go on? "
The SPEAKER. It cannot, unless the Gentfrom NewYork yields the floor.
Mr. KELLEY. I again ask the courtesy of the gentleman.
Mr. HALE. If the gentleman will get through in 15 minutes.
Mr. KELLEY. I cannot promise to close in 15 minutes.
Mr. ur e. The General Governmentwould be the judee of in equatepr improper regulations; of consequence they might interfere in any pr every law whie the shift“! " might passon that subject. He wished that t agate Lgvulalured oughtbeleftto themaclou to perform everything they were couspelcat to without the Athletics of (bum cu." s “Mr. Goomilzs hoped the amendment never wonld obtain.” "Rather than this amendment should take effecthe would vote against all that llllll been agreed to. H" greatest apprrhemiom were that the State government would so and thwart the general one to such a degree nnfiiilffmo overturn it. Now.to guard againstthis evil. He wished the Federal Government to possess every power neeusary to its existence.
Mr. WRIGHT. I demre to ask the gentleman aquestion. He has spoken of James Madison an of the resolutions of 1798. I would ask himwhether those resolutions of 1798were not in affirmation of State rights, and as such contrary to the doctrine that the gentleman is insistin upon today?
Mr. KELLEY. As my time is inflexibly limited by the courtesy of the Gentfrom NewYerk [Mr. Hana] I cannot stop to answer a sidequestion.
Mr. NIBLACK.Will the gentleman allow me a moment 7 judicially in furtherance of this great wrong,
Mr. ALE. Mr. Speaker, it is with great hesitation I use to address the House today, for the reason especially that in the brief time allotted for the purpose, I feel that I have been entirely unable to prepare myself as one should be prepared to discuss a subject so important, a subject so serious in its bearing an effect, and one so much requiriu cautious and delib erate action on the part O this House, as the one now under consideration. But I feel comelled, though I must do it crudely, imperectly, to attempt to assign some of the reasons that must control m vote against this proposed amendment to the onntution of the U.S. It is With great hesitation that I differ from the conclusions of the very able JtCommee which has reported to the House this proposed amendment. That committee is composed of gentlemen, many of whom are emi nent for their legal and constitutional learning; menwbose opinions must always carry weight, not only in this House but in the country. at I am consoled by the refleetion that the recommendation of this committee does not carry with it the same weight, to my mind, that it might if the veil of secrecy that is now thrown over all their proceedings were removed. If we could be favored with the arguments to which that committee have listened; if we could listen to the sentiments of the individual members expressed in that committee; if we could know who of that committee favored this, and wh did not; whether all or a part only concurre in reporting this resolution to the House, w might be the better able to judge how gre weight was to be accorded to the fact that the committee has recommended the passage of this JtResolution.
Mr. GRINNELL. Will the gentleman allow me to ask aquestion?
Mr. GRINNELL. I should like to ask my friendfrom NewYork [Mr. HALE] if it has not been the custom from time immemorial for committees to keep their own secrets; otherwise, that their proceedings should be kept tr} themselves until their report should be made
Mr. HALE. I should be very happy to favor the Gentfrom Iowa [Mr. GRIKNELL] with in views upon that subject, and various others otya political, literary, theological, and scien tific character. But as they have nothing to do with the subject under consideration the gentleman must excuse me.
Mr. STEVENS. Does the gentleman mean to say that, under this provision, conrcss could interfere in any case where the legisation of a State was equal, impartial to all? Or is it not simply to provide that, where any State makes a distinction in the same law between different classes of individuals, Congress shall have power to correct such discrimination and in equality. Does this proposition mean anything more than that?
Mr. HALE. I will answer the gentleman. In my judgment it does go much urther than the remarks of the gentleman would imply; but even if it goes no urther than that an [will discuss this point more fully before I conclude it is still open to the same objection, that it proposes an entire departure from the theor of the Federal Government in meddling with these matters of State jurisdictiomat all. I now come directly, as I was coming in due order when the gentlemans very pertinent inquiry arr ted my attention, to the consideration whether this is as has been maintained by the gentleman who reported the resolution, and by others, simply a provision for the equality of individual citizens before the laws of the several States. I submit, Mr. Speaker, that it means much more than that. Let me read the language of the resolution, striking out, for the purpose of making it more clear, that part which is simply irrelevant to the matter which I here discuss: The congress shall have power to make all laws which shiil be nesessnrvuni proper to secure to all personsin the several States equal protection in the rights of life, liberty, and property. Now, I say to the Gentfrom Pennsylvania [Mr. STEVENS] that reading the language in its grammatical and legal construction it is a grant of the fullest and most ample power to Congress to make all laws “necessary and proper to secure to all persons in the several States protection in the rights of life, liberty, and property, ” with the simple proviso that such protection shall be O mil. It is not a mere provision that when the new give protection which is unequal Congress may equalize it; it is a grant of power in general terms a grant of the right to legislate for the protection of life, liberty, and property, simply qualified with the condition that it shall be equal legislation. That is my construction of the proposition as it stands here. It may differ from that of other gentlemen.
Mr. ELDRIDGE. Will the gentleman allow me to ask him a question right here?
Mr. ELDRIDGE. I wish to know from the gentleman, and I ask for information, whether it may not bear a very different construction? Whether it may not be held to mean that where any State adopts a certain system of legislation in relation to the protection of life, liberty, and property, Congress shall have power to assimilate or equalize the legislation of all the other States to that standar I
Mr. STEVENS. If I do not interrupt the gentleman I will say a word. When a distinction is made between 2 married people or 2 femmes sole, then it is unequal legislation; but Where all of the same class are dealt with in the samewa thenthere is no pretense of inequality.
Mr. BINGHAM. Will the gentleman refer to the 2nd section of the 4th article?
Mr. HALE. The Gentfrom Ohio referrs me to the 2nd section of the 4th article. I omit the consideration of that section for the reason that my argument is directed exclusively to the consideration of the final clause of the amendment proposed, which is founded on the 5th article of the amendments, without refer ring at all to the other clause, founded on the section to which the Gentfrom Ohio refers me. The last named section is therefore out side the rangeof my remarks on this occasion. Now, I suggest to gentlemen: is it wise at this time, after the experience we have had of the working of this Constitution, with, all the reverence in which we have been accustomed to hold it, after having it tested as it has been by this mighty rebellion through peace, throng foreign war, through civilWar, having found rte strength, its elasticity, its sufficiency for all circumstances and all trials is it wise for us to alter it thus rashly, to alter it in its most vital and essential principle, to amend it by substii tuting a new principle for the very soul that animates the system created h it? fit at
Mr. BINGHAM. The gent eman will allow me to ask him to point to a single decision. The gentleman says that the sufficiency of the Constitution has been tested and found in the ast. I ask him now if he knows of a single ccision in which the sufficiency of the Constitution to secure to a party ogrieved in his person within a State the right to protection by the prosecution of a suit, which y the organic law of the State was denied to him, has ever been affirmed, either by Federal statute or Federal decision, or whether the nation has not been dumb in the presence of the organic; act of a State which declares that 800,000 natural born citizens of the U.S shall be denied the right to prose cute a suit in their courts, either for the vindication of ariht or the redress of awrong? Where is the decision? I want an answer.
Mr. HALE. The gentlemanwill ulwaysget an answer when he asks me a question. It is never necessary for him to accompany his questions with a warning. I have not been able to prepare a brief foil this argument, and thereforeI cannot refer the gentleman to any case. As I never claim to be a very learned constitutional lawyer I have no hesitation in making the admission that I do not know of a case where it has ever been de cidod that the U.S. Constitution is snfi ficient for the protection of the liberties of the citizen. But. still I have, somehow or other, gone along with the impression that there is that sort of protection thrown over us in some way, whether with or without the sanction of a judicial decision thatwe are so protected. Of course, I may be entirely mistaken in all this, but I have certainly somehow had that impression.
Mr. ELDRIDGE. I wish to know if the Gentfrom Ohio [Mr.Bmon m] has found or heard of a case in which the Constitution of the U.S. has been pronounced to be insufficient? “midi 2", Mr. HALE. I would rather leave these gm" tlemen to answer one another at some other time, if it will answe heir purposes as well.
Mr. BINGHAM. I beg leave to say that I am ready to answer the gentleman now, and to produce such a decision, whether the Gentfrom NewYork is or is not.
Mr. HALE. This is no doubt a very interesting side issue; but the gentlemen will pardon me ifI prefer to go on with my own speech now, and leave them to make theirs in proper order. 4"31.1 the American Mama! Throughout they provide safeguards to has, yet found that their State governments are in sufficient to protect the/rights and liberties of the citizen. If the Gentfrom Ohio has found it so, I recommend him to emi rate to NewYork, where he will find it very difierent.
Mr. BINGHAM. The gentleman will excuse me. I do not cast any imputation upon the State of NewYork. The gentleman knows full well, from conversations I have had with him, that so far as I understand this power, under no possible interpretation can it ever be made to operate in the State of NewYork while she occupies her present proud position. 1,
Mr. HALE. he gentleman has the reply, and I hope he will pardon me forsaying that I think he ought not to interrupt me now.
Mr. BINGHAM. I ought not to do so, and I do not wish to do it. Mr. HALE. It is claimed that this constitutional amendment is aimed simply and purely toward the protection of “American citizens of Afncan descent.” in the States lately in rebellion. I understand that to be the wholein tended practical effect of the amendment., Mr. INGRAM. It is due to the committee that I should say that it is proposed as well to protect the 1,000s and tens of 1,000s and 100s of 1,000s of loyal white citizens of the U.S. whose iroperty, by State legislation, has been wreste from them under confiscation, and protect them also against ban ishment.
Mr. HALE. I trust tbatwhen the gentleman comes to reply, he will give me as much of his time as he takes ofinine. As he has the reply, I do Jiot think he ought to interject his remarks into my 5 ieech. I will modify my statement and an that this amendment is intended to apply solely to the 11 States lately in rebellion, so far as any practical benefit to be derived from it is concerned. The Gentfrom Ohio can correct me if I am again in error.
Mr. BINGHAM. It is to apply to other States also that have in their constitutions and laws today provisions in direct violation of every prinnciple of our Constitution.
Mr. ROGERS. I suppose the gentleman refers to the State of Indiana?
Mr. BINGHAM. I do not know; it may be so. It applies unquestionably to the State of Oregon.
Mr. WRIGHT. I rise to a question of or der. I insist that the gentleman must confine himself to the subject under discussion. We are not trying murder cases.
The SPEAKER. The discussion on this amendment has taken a wide range; but this is the 1st point of order which has been made. If it had been made previously the Chair would have sustained it.
Mr. PRICE. If what I have said is irrele vant to the resolution I am in utter ignorance of it.
Mr. PRICE. I say, sir. that the intention of the resolution before the House is to give the same rights, privileges, and protection to the citizen of one State going into another that a citizen of that State would have who had lived there for years.
The SPEAKER. That is clearly in order. The Chair has just resumed possession of the chair, having been out. He supposed the Gentleman was proceeding in the line of argument that had been indulged in during the day by others. The Chair sustains the Gentfrom Iowa, as his remarks are clearly in order.
Mr. PRICE. Yes, sir. Thou 11 [am nota constitutional lawyer, I believe I0know how many 2 and 2 make that when added to ether they always give the properanswer four. That is the question, and I believe, without arrogating to myself anything that does notholongtomnnhalaniltickmgahtde closer to it than most gentlemen who have discussed it. Now, sir, if that is the intention of the resolution, if it is designed to protect a citizen of Pennsylvania, NewYork, fown, or any other free State in goin into a southern State where slave has curse the soil and the inhabitants then am most decidedlyin favor. of it and when gentlemen rise here and talk about the Constitution of our fathers and I have heard them talk about it here until if I had been a believer in ghosts I would have supposed that our fathers who have been invoke so loudly would have come from the grave to see what was wanted of them, [laughter] when Gentlemen declaim about the Constitution of our fathers, let me say that I find in that Constitution this language: that Congress shall have power among other things to provide for the general welfare. Now, if providing for the general welfare means the power to pass laws that shall extend equal protection over all the subjects of this Government, then that constitutional provision is sufficiently strong to suit me, and I do not want this amendment. But, sir, as I said before, an exerience of 30 years has satisfied me that that constitutional provision is not sufficiently strong or has not been enforced.
Mr. ROGERS. Will the gentleman inform me where that clause of the Constitution is that authorizes Congress to provide for the general welfare 7.
Mr. PEICE. Most certainly. It has been a part of the joys of in life to impartinformation to the ignorant. g mughter.]
Mr. PRICE. I will read: “ The Congress shall have power to lay and collect taxes. duties. imosts and excise s, to pay the debts, and provide for eeommoudefenseandgeneralwol fare of the U.S. " That is the 8th section of the 1st article of the Constitution of “our fathers, ” ter] the same old Constitution that {[laugh Will the gentleman yield or 4 years past I have heard spoken of by some people as “the Constitution as it is.” ow, if the Constitution had protected the rights of citizens of one State in going into another, that Constitution is all that I would have wanted, and I do think that a fair interpretation of it, and a just enforcement of its provisions would have brought about that protection. But experience, though it may be a dear school, is one of the best that any man, whether he be foolish or wise, was ever tan ht in, and the experience of the last quarter O a century ought to have satisfied anv ntleman that the Constitution has not afibrd that protection and now, while we are in the course of reconstruction, laying anew, as it were, the foundations of this Government, I want to see such a guarantee placed in the Constitution as will protect all citizens. I have passed the time of 1i O when I shall expect to travel in the southern country, but. I want to have a Constitution that shall protect my children and my childrens chil reu who may have occasion to travel in any art of the U.S. where the stars an stnipes are honored as the ensign of our nationalit. Until that is done it does not satisfy me. am not one of those who believe that we are not to learn anything as we pass through this wdrld.
Mr. ROGERS. Does the gentleman read from the text of the Constitution where it authorizes Congress to provide for the general welfare?
Mr. ROGERS. I cannot find it in the text; iit in the reamble.
Mr. BINGHAM. The 1st article and the 8th section.
Mr. PRICE. I do not pretend to be anything more than a common sense man not a constitutional lawyer.
Mr. ROGERS. It is so. Incver noticed it before. I supposed it waa ouly in the preamble.
Mr. PRICE. I have done some good, sir, I you see. [Laughter] I have taught the Gentfrom NewJerse, [Mr. ltoumtsd who can talk longer and longer than any man upon this floor, [laughter] that there are somethings in the Constitution of our fathers that even he was not aware of before. He has talked about the Constitution of our fathers; and he is not the 1st man I have heard talk about “the Constitution as it is, ” and when you them down to the letter, to the real old Engblriisngv of the Constitution of our fathers, about which they prate so much, these gentlemen are as, ignorant of it as they were before they were born. [Laughter] They never read it., Several Mnunsss. He said he neverread it. Mr. PRICE. Now, sir, is it not time for men to pause upon this question, when we are to listen to harangucs an hour and a half in length from men who are the especial defenders, if you are to believe them, of the Constitution and the Government, and the especial defenders of the Administration, at this time particularly and yet, strange as it may appear, when brought to the test on that very instrument, they stand up in this House and before the country and acknowledge that they have never read the Constitution! (1
Mr. CHANLER. Will the g[eLnatulegmlitaenr.{a low me one word about “the Constitution of our fathers?”
Mr. CHANLER. This is a new question raised by the gentle mean from Iowa, and one I have never heard debated, and I wish to ask, merely for information, if I understand him to say that lie bases his argument for the resolution before the House upon the 8th sectionof the 1st article of the Constitution, which he read, upon the powers granted for the protection oft e“ general welfare" of the country?
Mr. PRICE. When the gentleman asks his question I will answer it.
Mr. PRICE. An gentleman who has list ened to what little I Iiave said knows thatI based no argument upon that at all. I base my argument upon the resolution before the House. I pledged myself, and mfy veracit is at stake, tospeak to the question be orethe House. I referred, as a art of what I was saying, to what is called “t e Constitution of our fathers, ” and gave the reasons why I am in favor of this resolution.
Mr. CHANLER. ThenI must ask the Chair to have this article of the Constitution read. Loud shouts of “ Order!” “Orderl"] It has been entirely misconstrued by the gentleman. [Renewed and continued shouts of Order!”]
The SPEAKER. The Gentfrom NewYork is out of order, and will resume his seat.
Mr. CHANLER. It is a mere power to r“aise direct taxes. [Loud cries of “ Order 1” Order!]
The SPEAKER. The rule requires a Gentleman to resume his seat when the Chair orders him to do so. A member is in defiance of the House and of the Chair when he persists in speaking when the Chair calls him to order. W
Mr. CHANLER. Ibeg pardonof the Chair. I was merely statin, “Emmi cries of “Ikderl”
Mr. PRICE. Ihad not the least idea of raising such a hubbub in this House. [Laughter.P Iwill an, by we of explanation, that whi eIam perectly wi ling to imrt information and educate as many of the democratic party as possible, it is alarger job than I would Iike to undertake this late in the do to edu cate the whole of them. [Laughter, 1
Mr. CHANLER. Will the gentleman allow me to ask one thing?, 7 M, Mr. PRICE. No, I do not yieldto that Gentleman.
Mr. CHANLER. He does not stand by his own declarations. [Loud cries of “ Orderl"]
The SPEAKER. The Gentfrom NewYork is out of order, and will take his seat.
Mr. PRICE. The Gentfrom NewYork evidently does not understand this question. The remarks I have made have been well understood by every gentleman who has paid any attention to my line of argument. I have only referred to this question because I have not heard it alluded to by any gentleman upon either side who has had the floor; and I now aver, most honestly and sincerely, as one great reason why the resolution should pass, that if it is possible, in the reconstruction of the government and in the readmission of the States lately in rebellion, to so amend our Constitution as that each citizen of every State shall have the same rights and privileges as the citizens of every 0t ier State, then in the name of justice and humanity we ought to attend to that duty. Herctofore in the history of this country that has not been the case. I at state a fact which no gentleman dare call in question, and of which no successful contradiction can be made, when I state that up to this time there has not been that equal protection to the citizens of the different States that they were entitled to under the Constitution of our government and this resolution is intended to give force and effect to that idea and principle and for that reason I am in favor of this JtResolution, and hope that by all means this House will adopt it; and not only this, but any and every resolution that will give force and strength to that instrument, so that in the coming generations of time we may never have occasion again to lament the occurrence of such a war as the one we have just passed through. I trust that the Constitution, upon which all our civil, and reli ious institutions are based. will have given to it sufficient stability and solidity to bear any burden that may be placed upon it, and give to us what we propose to have equnl rights and equal privileges from one end O this continent to the other.
Mr. BINGHAM. I propose now tocall the previous question if no other gentleman de sires to be heard today, and then let the vote be taken tomorrow morning, as there are many members of the House now absent from the Hall.
Mr. WASHBURNE, of Illinois. If they are not here, then let them take the responsibility of bein absent.
Mr. INGHAM. I desire to deal fairly by both sides of the House; and therefore I am willing to let the vote be taken tomorrow morn in instead of to night.
Mr. DAVIS. I0not desire to say much upon this subject; but I should like an opportunity tomorrow to say a few words.
Mr. WASHBURNE, of Illinois. I would suggest to the Gentfrom Ohio [Mr. BING RAM] to have the previousquestion 2nded now, and then he can yiel a portion of his time to the Gentfrom NewYork, [1th. DAVIS.]
Mr. BINGHAM. If the Gentfrom NewYork does not desire to speak now, I will consent that this subject shall O over until tomorrow, and when he conclu es his remarks, then I will call the previous question.
Mr. DAVIS. That will suit me. I will retain the floor on this question, but yield it this afternoon for other business. TRADE WITH BRITISH AMERICA.
Mr. MORRILL, by unanimous consent, reported from the ComWaysand Means a bill regulating trade with the British North American possessions; which was read a 1st and 2ndtime, ordered to be printed, and made the special order for Friday next after the morning hour, and from day today until disposed of. rniizouiim.
The SPEAKER laid before the House a communication from the SecyTreasury, transmitting the report of S. S. Hays, of the U.S. revenue commission, on pe troleum as a source of national wealth; winch was referred to the ComWays&Means, and ordered to be printed CLERKS IN THE TREASURY DEPT.
The SPEAKER also laid before the House a communication from the SecyTreasure, transmitting, in compliance with the acts of on ress of April 20, 1818, and August 26, 1842, a let of the clerks employed in his Dept, their salaries, &c.; which was lai on the table, and ordered to be printed. ssssssiiurios or PRESIDENT mucous. fl}
Mr. WOODBRIDGE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remind, That the POTUS he requested.ifno t incompatible with the public in tmeractsiot.ntionchoimsmpousnsiecsastieotnointrheisaHrdoutostehe all the infor of the rewnrils offered distribution by the government for the or rest of the assinninsof a late President Lincoln. LANDS REQUIRING IRRICation.
Mr. JULIAN, by unanimous consent, reported back from the ComPubLands House billNo. 10, to develop and reclaim public lands requiring irrigation, and to encour age agriculture in the Territories ofldaho, colorado, Arizona, and Montana, and the State of Nevada; and the same was ordered to be printed, and recommitted to the committee. PRHIDENT OF MEXICO.
Mr. SMITH, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: refOIDEd.That the President be requestedto comsmisutneinctawteittho the is pHuobiislicc, iinfteinrehsits, opinion not incon nnycorrespondence ionr roethgear ridnformation in possessiono the Government the tho term of officeof President Juarez. of the republic of MoXico; as to the period when, under the constitution. a pppular electionshould take place. when freefrom forciln invasion: and as to any vote of Confldence and extraordinary powersgiven to presidentJunrcz by the Coniressoft e Merican republic. LAKE SUPERIOR HARBOR.
Mr. COBB, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the SecyWar he to communicate to the House such estimated sir, hecatsfi upon surveysof Lako Superior harbor. as will show what appropriations are needfultoclear the entrn uce cinctsos itthyaotf hthaarbt owro. rakndassumchayinfboerminattihoen paosstsoetshseionneof the Dept. w? CHAPLAINS IN THE NAVY. Jsilmiv on?
Mr. HULBURD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remloed. That the SecyNavy be reuestedto communicateto this House the naiues of the presentchaplains in the Navy. togetherwith the date of each appointment and the State from which such appointment was made. LIG [IT HOUSE DURS.
Mr. RAYMOND, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComCommercebein structed to inquire into the expediencyof imposing lighthouse dueson vesselsnrriVing at or (IQPHUHI from ports of the U.S.; and to report by bill or otherwnse. LOST DISCHA RO ES.
Mr. MERCUR, by unanimous consent, submitted the following resolution: Whereas soldiers who have been honorably dil chamnd from the service and have lost their discharges are now, under therules of the War Dept preeluded from obtaining duplicates thereof: ere ore Resolved. That the ComJudiciary be instructed to inquireintotheexpediencyof wen i 3 by legislation for the issuing of certificates.as on depee of such discharges, and to report by bill or othcrwisc.
Mr. WASHBURNE, of Illinois. I moveto amend the resolution by adding, “ and that the committee have leave to report at any time." I know that there are some very hard cases where soldiers have thus lost their discharges, and I think there ought to be some legislation at once. The amendment was agreed to. The resolution, as amended, was adopted. FRENCH TROOPS IN MEXICO.
Mr. VANHORN, of Missouri. I ask unau imous consent to offer the following: Whaos thelniperor ofFrmoastthermatom Q lug of the French Chambers announced his purpose ofwithdrawing his troopsfrom Manor), and expressed the hope that the emotions excited in this country would be allayed by such declaration: and whereas this nation accepting said deolaration in good faith. it is but proper that it should insist. as a guarantee for its fulhllment. that no further emploment of the French troops in Mexico should be me 0. except to reservethe stateone until the period for their with Srawal arrives: Therefore, [truolcuL That. in the judgment of Congress the employment of French troops in further conquests in Mexico would be and should be considered as a violationof sueh pledge on the part of France.
Mr. DAVIS. If the purpose is to have this resolution acted on at the present time, I objeet to its introduction.
Mr. VANHORN, of Missouri. I desire to move that it be referred to the ComForAffrs.
Mr. DAVIS. I have no objection to that. There being no objection, the resolution was introduced and referred to the ComForAffrs. PORTAGE LAKE CANAL, MICHIGAN.
Mr. DRIGGS, by unanimous consent. presented JtResolutions of the Legislatures of. the States of NewYork and “isconsin, in fhvor of an extension of the time for completing the Portage Liiko canal, in the State of Michigan, and for an additional appropriation of land therefor; which Were reerre to the ComPubLands. NAVAL STATION AT NEW LONDON.
Mr. BRANDEGEE, by unanimous consent, submitted the following resolution; which was read.considered, and agreed to: Resolved.That the ComNavAffrs be instructed to inquire into the advantagesof a site offered to the Government upon the river Thames. near NewLondon. Connecticut for naval purposes and to report upon the expediencyof accepting the same for the purpose of establishingthereat a navyard or nava station for the construction repair or ayin up in ordinary of iron. iron cl or O her have vessels.with leave to report by bill or other wue and then, on motion of Mr. BINGHAM, the House (at 4 oclock and ten minutes p.m.) adjourned.
@@@IN SENATE SENATE. Wsnsnsmr, February 28, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The President protempore presented a communication from the ComrPatents, transmitting the annual m ort of the Patent Office for the year 1865; which was referred to the ComPatents and the Patent office. SENATOR IROI SCAROLINA.
Mr. JOHNSON presented the credentials of Benamin F. Perry, chosen a Senfrom South arolina hythe Legislature for the term ending March 4, 1871; which were ordered to lie on the table.
Mr. HARRIS, from the ComPrivLandClms. to whom was referred the tition of Jose Serafin Ramirez, praying for the passage of an act confirming to him the grant of land known as the Canon delAqua, in the county of Santa Fe, NewMexico, reported a hill (8. No. 173) to confirm the title of Jose Serafin Ramirez to certain lands in NewMexico; which was read, and eased to a 2nd reading.
Mr. MORRILL. from the ComDistCol to whom was referred a bill (S.No.101) to incorporate the Womens Hospital Association of the DistCol, reported it without amendment.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred abill (S.No.171) for the relief of Reuben Clough, reported adversely thereon.
Mr. FESSENDEN, from the ComFinance, to whom was referred the bill (H.R.No. 122) making appropriations for the naval service for the year ending 80th June, 1867, reported it with amendments. BILLS INTRODUCED.
Mr. GRIMES asked and by unanimous consent obtained, leave to introduce a bill (S.No.174) to establish a hydrographic office in the Navy Dept; which was read twice by its title, an referred to the ComNavAffrs.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.175) to incorporate the Pharmaceutical Association of the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. WILSON asked, and by unanimeus consent obtained, leave to introuce a JtResolution (S.R. No. 35) to fix the rate of mileage for officers traveling on public dut; which was read twice byits title, and referre to the ComMilAffrs . It is as follows: Joint. resolution to fix the rate of mileage for eficerl of the Army traveling upon public duty. Remleed.$0. Thateo muchof the not entitled "An aet to definethe pay and emolumentsof certain offi Jcuelrysof the Army and for other purposes."approved 17.186 as provided that the mileage of officore of the rruy traveling on public duty should thereafterbe 6 centspermile is hereby repealed and the rate of mileageto behereafteriillowod to 0th eereof the Army traveling upon public duty should be ten centsflpermile when transportation in d 18 not furnish them by the Goverment. PACIFIC COAST RAILROAD.
Mr. CONNESS. I move that the Senate proceed to the consideration of Senate bill Not 138. The motion was agreed to; and the Senate, as in ComWhole. resumed the consideration of the bill (S.No.138) nting lands to aid in the construction of arai mad and tele graph line flour.“ water of the bay of Salt Elbow 0169"! muomssroslrorosn M85 Franciseo to Humboldt California.
Mr. CONNESS. When the Senate last acted upon this bill it adopted the amendments proposed by the Connitteeon Public Lands, who recommended its passage; but there are a few verbal errors in names which I should like to have the privilege of correcting with the Clerk. bay, in the State of "
The President protempera. The cler ical errors will be corrected.
Skip Skip The bill was reported to the Senate as amended, and the amendments were concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. MlLlTARY non) IN OREGON.
Mr. NESMITH. I move that the Senate procegd to the consideration of Senate bill o. 5.,, Mvr. I should like to make an a peal to the Senfrom Oregon to let us ta e u Senate bill NO. 74, for the admission of colorado.
Mr. GRIMES.Ishould like to inquire of inflonatm from Oregon howlmaehland we t ple appropriate by this bill for the completionof this wagon road.
Mr. NESMllH. The bill as amended appropriates alternate sections of unoccupied public lands, designated by odd numbers, for 3 sections in width on each side of the road; that is, it appropriates the alternate sections for 3 miles on either side of the ronld, equal to a continuous grant of 3 m1 cs.
Mr. NESMITH. It grants alternate sections 6 miles wide. I will state for the further iw formation of the Senator that this road is about 60 miles lon. About 30 miles of it is througha settle country where there can be no benefit from the landgrant. The other 30 miles is a mountaine us reion where the did is comparatively of no va no; but if the road is made and it is thrown open to settlement, it will probably enhance the value of the land; but at present it is not regarded as of any particular value.
Mr. NESMITH. I observe a clerical error, that the word “Acquima” is spelt wrong in the bill; it should be “ Aquina."
The PRESIDENTpr o tempore. That correction will be made. “
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. SOUTHERN PACIFIC RAILROAD.
Mr. BROWN. I move that the Senate proceed to the consideration of Senate bill No. 20. The motion was agreed to; and the Senate, as in ComWhole, proceeded”) consider the bill (S. No.20) nting lands to aid in the construction of a mi road and a telegraph line from the States of Missouriand Arkansas to the Pacific coast, by the southern route.
Mr. BROWN. There are several amendments reported by the ComPacificRR to this bill. I do not know.whether it is worth while to go into them at this moment.
Mr. SHERMAN. Let it stand over and come up in the morning hour tomorrow.
Mr. BROWN. I will let it stand over as the unfinished business for the morning hour tomorrow.
The PRESIDENTpro tempore. The bill will be laid aside bycommou consent. REPRESENTATION or sonrunsu STATES.
The President protempore. The morning hour having expiredwithm but a moment, the Chair will call up the unfinished business of yesterday, which is the followin resolution, 11 on which the Senfrom Nevada [Mr. hrs] is entitled to the floor: Resolvedbythe HoRep the senate concurring.) That "I order to closetution upon a question which seemslikely to distur the action of the Government. as well as to quiet the uncertainty which is agitatlmiltho minds of the people of the 11 Stateswhic have been declared to be in insurrection, no Senator or Representative lhnll be admitted into either branch of Congressfrom an of said Statesuntil Congress shall havedeclaredsuc State entitled to such representation.
Mr. JOHNSON. I rise, Mr. President, for the purpose of addressing the Senate upon the resolutionbefore us, and upon the cognate questions which belon to it; but I feel almost phys ically incapable O doing it so as to attract the attention of the Senate (if I should be able to attract the attention of the Senate under an circumstances) at this time of the day; and I should be very much obliged to the Senate if they would postpone the subject until tomorrow.
The pRESIDING OFFICER, (Mr. Ponnnor in the chair.) The Senfrom Maryland moves that the further consideration of this resolution be postponed until tomorrow.
Mr. FESSLNDhN. I should like to know how long it isto be postponed, as I desire to get some sort of an idea when we may expect to get a vote. I of course have nothing to say against the wish of the Senfrom Maryland, for I repeat, I do not see how gentlemen on this side of the Chamber who were so willing to accommodate one of our friends last night can refuse to accommodate the Senfrom Maryland to night. I shall vote as I did before with reference to an adjournment, because I think wc ought to settle this matter at some time or other; but as I have been over ruled by the Senate once On that subject, of course I consider myself as instructed to let this debate go along to any len by that gentlemen may choose. I tried very and to get it through last night, but I found 3 of my brethren on the committee voting against me and one other absent.
Mr. ANTHONY. I do not feel any embar rassment on the ground that the Senfrom Maine states, for I voted against the adjournment yesterday, even to gratify my frien from Nevada, and I shall vote against adjourning for the accommodation of any Senator, if the Senfrom Maine insists on going on with this resolution. I think there ought to be some time fixedtwhen the vote shall be taken. If that is not done, I think we had better leave this subject and attend to some other businesr.
Mr. FESSENDEN. I should like to know from some one on the other side f the Chamber whether there are other Genlcmen there who desire to speak on this subject, because, if we are to adjourn from day today without knowing when we are to get a vote, we may as well abandon the whole tiing.
Mr. STEWART. I desire to say something before the debate on this subject is conclude.
Mr. FESSENDEN. Is the Senator ready to go on?
Mr. STEWART. I had not anticipated going on now.
Mr. FESSENDEN. If the Senatoris ready to speak, I suppose he may just as well go on this
Mr. STEWART. I would prefer not to go on now.
Mr. SHERMAN. There are some reasons why the military bill on ht to be considered as soon as pessible; and why not go on with that now?
Mr. FESSENDEN. Thpreis a vast deal of business awaiting our action; and if senators desire that this resolution shall be brought to a conclusion, they must stay here and tryto dispose of it. I shall certainly make no objection to night to a post oncinent. to accommodate the Senfrom Iaryland, for I took the liberty of stating yesterday that if Senators on this side chose to adjourn for the accommodnrtion of one of our friends, they must necessa rily do itforone of our adversaries. They chose to do it, and therefore I cannot see how the thing can well be helped now; but I shall make no motion with regard to it. Gentlemen can do as they see fit.
Mr. HENDRICKS. In answer to the question of the Senfrom Maine, I will say that I do not know what gentlemen on this side of the Chamber are oing to speak, but I think the Senfrom De aware [Mr. SAULSBIRY] intends to speak upon this resolution. I am not preared to sairbeyond that.
Mr. FESSED “N. I will make one more effort. I wish to say to Senators on this side of the Chamber that if they adjourn over until tomorrow, I shall tomorrow ask them to stay until the matter is finished, let it be as late as it ma.
Mr. HENDRICKS. I think that would be rather an unreasonable proposition on the part of the chairman of.the committee.
Mr. FESSENDEN. Very well, sir; I will try it, reasonable or unreasonable.
Mr. HENDRICKS. If this were legislation and he had charge of it, I should not think there would be any question of his right to ask that of the Senate; (but this is a simp e proposition to tie the hands of Congress. Congress proposes to tie its own hands, as though it were afraid it would do something that would not be satisfactory to itself. I do not see any occasion (if we are to hate this kind of proposition) to crowd the matter. If the Senfrom Delaware wants to speak, I shall certainly not expect to see him required to speak at any on reasonable hour. Ihe Senfrom Maryland tomorrow will address the Senate in the mornin and the Senfrom Nevada
Mr. iSSENDEN. Next morning, and the Senfrom Delaware the next morning and theI Senfrom somewhere else the next mornin.
Mr. HENDRICKS. I do not know about that. The Senfrom Nevada [Mr. STEWART] expects to speak after the Senfrom Maryland. I should not want to see the Senfrom Delaware crowded into a late hour of tomorrow evenin to make his argument.
Mr. STEWA T. If there is to be no other time except to night for me to talk, I will go On now.
The PRESIDING OFFICER. The question is on postponing the further consideration of this resolution until tomorrow.
Mr. JOHNSON. Iwill withdraw my motion if the Senfrom Nevada is willin to go on.
The PRESIDING OFFICER. he motion bein withdrawn, the Senfrom Nevada is entitled to the floor.
Mr. CONNESS. Will my friend permitme to ask him a question?
Mr. CONNESS. Do I understand my friendfrom Nevada to see no difference between the petition of one of the 11 States that have. co; in rebellion and the State of California, in case the latter State changed the constitution of that State?
Mr. STEWART. You understand me to say this, that so far as going out of the Union is concerned there is no difference. There is a difference in the status of the people. The people of these States rebelled, California did not rebel. As far as the States are concerned neither has one out of the Union.
Mr. congress. Neither State out of the Union?
Mr. STEWART. Neither State has been out of the Union.
Mr. CONNESS. Do I understand the senator to say that those States which have been in rebellion have not only not been out of the Union but are now in such a condition as to be admitted into the Union?
Mr. STEWART. I have not said anything of the kind.
Mr. CONNESS. Do I understand the senator to say or to hold that the States in rebellion, before they shall come into the Union again and have their representation and their former relations resumed,are to consult the Executive?
Mr. CONNESS. Will my friend permit me to ask him aquestion?
Mr. STEW RT. If I am expected to conclude to night, I had better not be interrupted.
Mr. CO NESS. I do not want to interrupt the Senator, but I desire to ask a question.
Mr. CONNESS. Will my friend state in his opinion, how many loyal white men there were in the State of SCarolina after the flag had been fired upon at Sumter? and up to the time that Sherman marched to the sea, how many loyal were there in SCarolina to organize a 10 al government?
Mr. S EWART. Does the Senator saythere were none?
Mr. CONNESS. No; I want the Senators opinion on that point.
Mr. STEWAI T. I have not taken the census of SCarolina. What does the Senator think?
Mr. CONNESS. My opinion is there were not. man, not enough to form a loyal government. ow, I ask the Senators opinion.
Mr. STEWART I do not think there were enough at that time to form a loyal government.
Mr. CONNESS. Then, I ask the Senator, what produced that? I ask the Senator, if he is here the advocate of the o nization of what he calls a loyal government in SCarolina ley executive agency, which denies the right of ongress to pass upon the question of whether they are a loyal State or not, whether they are fit or not to resume their former relations with the Government of the U.S.
Mr. STEWART. I am not discussing SCarolina at this time. I am not. examining her. I say that if there was a loyal man in SCarolina, he had his rights under the Constitution and that is what we declared in the beginning, and I might turn around and ask him now if he does not believe there were always in some of those States sufficient loyal men to carry on a State government. Wh are they excluded“? I am not talking about a mit ting or excluding anybody. I am talking about the principle. I am talking about this question, whether or not the rebels were able, not only to subjugate the loyal men of the South, to trample them under their feet, to burn their houses, to drive them from their homes, but to take from them their legal rights under the Constitution of the U.S. That is the proposition involved in this and not whether all the inhabitants of SCarolina have ct become loyal, or whether she has sufficient loyal population to control the State. If she has not, and she does not send loyal men here, we will not receive them; but we will not say, in not receiving them, “ You loyal men are as bad as the others; they have all lost alike.” We will make the properdistinctions; we will stand upon the issues as we stood upon them during the war.
Mr. CONNESS. Do I understand the Senator to refuse to be interrogated further? I
Mr. STEWART. I would rather not yield, because it is very late and it will take me a great while to get through if I am to be constantly interrupted.
Mr. HENDRICKS. If the Senator will yield I will move an adjournment.
Mr. CLARK. No, no; let us finish to night.
The PRESIDING OFFICER. The Senfrom I udiana moves that the Senate adjourn.
Mr. STEWART. It is at the pleasure of the Senate.
Mr. HENDRICKS. If the Senator prefers to go on, I shall not insist on the motion.
Mr. STEWART. No, I would like very well if the Senate would adjourn.
Mr. FESSENDEN. I hopethere willbe no adjournment. I must call or the yeas and na 3. {In HENDRICKS. Rather than go through with that, I withdraw the motion.
Mr. GUTHRIE., movo that the Senate do now adjourn. 2. V Hb equestion being put, there were, on a division ayes 8, noes 16; less than a quorum voting. Mr. FESSENDEN called for the yeas&nays, and they were ordered; and being taken, resulted yous 8, nays 15; ABSENT 27.
The PRESIDING OFFICER. The Senate refuses to adjourn; but the vote discloses the want of a quorum.
Mr. CLARK. I move that the Sergeant ah Arms request the attendanceof the absent memb rs.
Mr. HENDRICKS. I move I believe that motion is now in order that the Senate adjourn. The motion was agreed to; and the Senate adjourned.,
###HOUSE OF REPRESENTATIVES. Wsnsnsnsr, February 28, 1866. The House met at 12 o clock m. Prayer by the Chaplain, Rev. C. B. Bovsrou. The Journal of yesterday was read and aproved.,
The SPEAKER announced as the 1st business in order the consideration of JtResolution H. It. No. 63, proposin an amendment to the Constitution of the U.S., on which Mr. DAVIS was entitled to the floor.
Mr. STEVENS. I ask the Gentfrom NewYork to yield to me for a moment, that I may have a document read at the Clerks desk.
Mr. DAVIS. I ield 1st to the Gentfrom NewJersey, [Mr Roe sea] PERSONAL EXPLANATION. Mr. ROGERS. I rise to make a personal exlanation. I am reported
Mr. GRINNELL. If the gentleman indorses the pay or from which he is about to read [the NewYork Tribune] I will offer no objection to his proceeding; otherwise I must object.
Mr. ROGERS. Well, I do indorse itin part. [Laughter]
Mr. GRINNELH. If the gentleman accepts the witness, I will hear his explanation.
Mr. ROGERS. Mr. Speaker, the Associated Press report of my speech made last Monday, represents me as in orsing the speech of Williarn H. Seward. I desire to say thatI did not indorse him or his speech. I indorsed the speech of the honorabli: Gentfrom NewYork, Mr. Ramona} l have not yet forgotten tie “tinkling” of Mr. Sewards “bell, ” and I would be ashamed to indorse Mr. Seward or his speech and then go before my constituency.
Mr. STEVENS. I can corroborate the Gentleman. He did not indorse Mr. Seward. He indorsed the Gentfrom NewYork [Mr. Bavnorm] and myself. [Laughter]
Mr. ROGERS. Again I am reported in this paper, the NewYork Tribune, as favoring the payment of the rebel debt. I did not make any such argument. I simply argued that each State had the right to do as it pleased in regard to the payment of its debts. If I had the power, I won d oppose the payment of the rebel debt by any State. Isnonssnsnr or cosonnss.
Mr. STEVENS. the gentfrom NewYork will now yield tome for a moment to have read the paperI have sent to the Clerks desk.
Mr. STEVENS. The gentleman said he would yield to me after the Gentfrom NewJersey.
Mr. GRINNELL. He did yield to the Gentfrom Pennsylvania.
The SPEAKER. The gentleman has the floor, and can yield or not.
Mr. WASHBURNE, of Illinois. Iho e the Gentfrom Pennsylvania will be allowed to state whatis the character of the paper. It shows that a caucus of the Union members of the Pennsylvania Legislature met last night, and pointedly and unanimously indorsed the course pursued by the Congress of the U.S.
Mr. DAVIS. I must protest against interrution by the Gentfrom Illinois.
The SPEAKER. The gentleman has the floor, and will proceed with his remarks.
RIGHTS of CITIZENS. The House then resumed the consideration of the following JtResolution (H. It. No. 63) proposin an amendment to the Constitution of the U.S.: Resolvedb the Senate and HoRep of the U.S.A. in Conan nassembled, 2/3rds of both Iqlouses concurring) That the following article he proposed to the Legislatures of the several States as an amondmoutto the Constitution of the U.S. which. when ratified by 3/4thsof thesaid Legislatures shall bevalid aspart of said Constitution. namely: Anrlctn. The Congresss shall have powertomake all laws which shall be necessary and proper to secure to the citizens of each State all privileges and immu nitiesof citizens in the several States and to allpersons in the several States equal protection in the rights of life liberty, and property.
Mr. STEVENS. Will the gentleman yield to allow me to offer a aperfor reference?
Mr. STEVENS. I ask consent to introduce the following paper, which I send to the Clerk.
The Clerk read, as follows: [By telegraphfrom Harrisburg.] Fnnnnnr. 1866., To Hon. Tuannsns Srnvnxs: A full caucusof the Union membersof both Houses last night unanimously passedresolutionssustaining Congress.r. W. SHENK.
Mr. STEVENS. I desire that it may be referred to the ComReconstruction. [Laughter.]
The SPEAKER. The Gentfrom Vermont [Mr. Wonnnmnon] yielded the floor to the Gentfrom Pennsylvania, [Mr. Snvsns] who asked consent to have this eierred.
Mr. ELDRIDGE. It is utterly useless to refer it; it is in the hands of that head of the committee who offered it.
Mr. STEVENS. If there is any trouble about it I withdraw the document.
Mr. HALE. Will the gentleman allow me to ask him aquestion?
Mr. WOODRIDGE. No sir; the Gentleman must excuse me, as I have but live minutes, and that by courtesy. I believe that this amendment is not only justifiable, but necessary. approach an amendment of the Constitution with as much shrinkin and with as much hes itation as any man on t to floor of this House. I have the highest opinion of that great charter which was founded byour fathers. But, sir, the age is an age of progress. The conditions of society are different from what the fathers anticipated; and Ifully believe that if we meet the obligations which we owe to the country, we must pass an amendment of this or of a similar character. The adoption of this amendment, Edi Speaker will be no shock upon the present well arranged system, defining t ie powers of the General government and the States, under which we have so happily lNed. The condition of the freedmen, it nothing else, demands the adoption of this resolution; and, in my judgment the people will not have done their whole duty until they see to it that the amendment is adopted.
Mr. ROGERS. Will the gentleman yield to me?
Mr. BINGHAM. The gentleman must excuse me.
Mr. ROGERS. Only for a question. I only wish to know what you mean by “due process of law.”
Mr. BINGHAM. I reply to the gentleman, the courts have settled that long ago, and the gentleman can go and read their decisions.
Mr. BINGHAM. No, sir; the gentleman.will please excuse me.
Mr. BINGHAM. I am relating what I asked the gentleman yesterday., Mr. HALE. In the debate?
Mr. HALE. I rise to a question of order. I submit that the remarks of the Gentfrom, Ohio are not pertinent to the subject before the House.
Mr. HALE. I submit that the speech of Mr. Seward, in NewYork, has nothing to do with the question as to the propriety of easing the constitutional amendment now nndhr consideration.
Mr. BINGHAM. I am answering the objections to the passage of this resolution. Those objections were made in NewYork as well as in this House.
The SPEAKER. The Gentfrom NewYork makes a point of order. The Chair will notice particularly the remarks of the Gentfrom Ohio, and will arrest them if they are out of order.
Mr. BINGHAM. Well, sir, I was only saying that these prophecies which are uttered as objections against this proposition of security for the future cannot properly be accepted by the American people as a basis for their action, because the gentleman who utters these proh ecies gave speculative utterance before of what was to be in the future, which most miserably failed of fulfillment. In that same city, in December, 1860, he told the people
Mr. HALE. Mr. Speaker, I insist on my point of order.
The SPEAKER. The Gentfrom NewYork makes a point of order that the Gentfrom Ohio is nof Contining himself to the constitutional amendment now under consideration. The Chair sustains the point of order. The Chair said yesterday that he would confine the debate to the constitutional amendment whenever a point of order should be made; and the Chair thinks that the Gentfrom Ohio, in discussing a speech delivered by the SecyState in NewYork, is going be ond the subject.
The SPEAKER. The Chair will be very lad to hear any suggestion of the Gentfrom Massachusetts, [Mr. BANKS] who for merly occupied the chair.
Mr. BANKS. I submit that the ruling just made by the Chair will, if insisted upon, limit the debate much too closely. As I understand the speech of the SecyState, delivered in NewYork, he asserts that there is no danger. The SecyState, as I understand, maintains that there is perfect national safety. The Gentfrom Ohio thinks that there is danger, aad brings in a constitutional amendment to obviate tint danger and to save us from troubles which he thinks threaten us. Under these circumstances, we must most assuredly be permitted to discuss opinions so important as those of the SecyState.
The SPEAKER. The Gentfrom Massachusetts. who once occupied this chair, is familiar with the rules, and knows that in the ComWhole on the state of the Union, on the presidents message, unlimited debate is allowed; but that on bills in the House which are special orders, or any bills pending, or on constitutional amendments pending before the House, ifthe question of order is made, the debate must be confined to them. The Chair thinks that the Gentfrom Ohio [Mr. BING RAM] was not indulging in the lineof debate in order on the amendment before the House, whether the Constitution shall be amended in regard to the rights of the people of each State in the several States. The Gentfrom Massachusetts and the House, of course, must understand there must be some limit to debate in the House. In the ComWhole on the Presidents message, the debate is not limited; every subject is allowed to be discussed then; but in the House it must be confined to the matter pend in" before the House.
Mr. BANKS. I did not refer to the ruling as existing in the HoRep at an earlier period, but only to the ruling as it affects this question. A constitutional amendment raises to the fullest extent the condition of the country
Mr. HAL. I rise to a point of order, that this question is not debatable, and that the Gentfrom Massachusetts has no right to ebate it.
Mr. BANKS. Then I take an appeal from the decision of the Chair, and I do it for the purpose of saying what I have to say on the subject.
The SPEAKER. the question is, Shall the decision of the Chair stand as the judgment of the House?,
Mr. BANKS. If the Gentfrom Ohio [Mr. BlhGliAM] discusses the official acts of the SecyState he is not in order and I have hear with pain allusion in this [douse to the official acts of the chief officers of the Government. I do not think it admissible in debate. If there is anything of which we complain, anything in the official conduct of officers of the Government, notice should be given of some provision for its correction. But in this case there is an opinion of great imporl tance given to the country by the SecyState, unotheial and informal, affecting its condition and the safety of the people {and certainly we must be allowed to discuss the condition of the countryin reference to the proposed amendment, and incidentally the opinion of the SecyState in rerd to it, informally and unotheially expressed?A I refer to the general rule controlling parliamentary discussion, and not to the distinction which has been properly made as to the rules of the House as they now stand. It is not my wish to make an issue with the Chair; and therefore having had the opportunity to express myself, I withdraw the a peal.
Mr. BINGHAM. I renew it. (lentremen would not permit me to make a statement by which I think it would be made plain I was in order. Gentlemen would not permit me to proceed with my remark at the moment of interruption so that the Speaker could understand my purpose. I have spoken in respectfulterms of teSecyStates unotheial utterance to the effect that there is safety to the future of the country witlon ny further action of the people; butI wante to show thathis prophecy was not to be relied on, because he had made similar ones before which had failed. At that point I Was interrupted. If the words of this high official of the country may go out, and we cannot answer them upon this floor, then I appeal from the decision of the Chair.
The SPEAKER. The Gentfrom Ohio is well aware how painful it is for the Chair to rule his remarks out of order, but he must discharge his duty with impartiality under the rules.
Mr. BINGHAM. Itake pleasure in acquit ting the Chair of any disposition to do me in justice.
The SPEAKER. The proposed constitutional amendment is as follows: ARTICLE. The Congress shall have pnwermmako all lawswhich shall benecessary and proper tosecure to the citizens of each Stateall privileges and immu nities of citizens in the several States and to all persnnsin the scveral State! Equal protection in therights of life, liberty and property. The rule, from page 76, Barclays Digest, is as follows: under mdeebmabteera shall veooidnfipneres himself about thine question of the Whole on the state of the Union Choemismniott bound to so confinehimself.” The language of the rule is imperative that a member shall confine himself to the questiou, except in ComWhole, where the largest liberty of debate is allowed. 1heChair cannot understand that a discussion as to the prophecies of the SecyState can here gared as confining the debate to the pending constitutional amendment. The line as to debate and its latitude must be drawn somewhere, and unless some connection is made between some portion of the speech alluded to and the ending amendment this Chair is compelled to Iiold that the general remarks thereon ot the Gentfrom Ohio are not Within the rule just quoted; The Congress shall have power to make all Laws which Bhlll be necessaryan proper to secure to the citizens of each State all prinleges and immunities of citizens in the several States, and to all perflgnslli the several States equal protection in the righta to life liberty and property. The Chair is still of opinion that in the remarks where the Gentfrom Ohio [Mr. BISGHAM] was arrested he was not confining himself to the question in debate. From that decision the Gentfrom Ohio appeals, and the question now is, Shall the decision of the Chair stand as the judgment of the House?
Mr. ELDRIDGE. I move to lay he appeal on the table.
The SPEAKER. The Chair woiild prefer that the question shall be taken directly on the apeal.
Mr. RAYMOND. The question is debatable, I believe.
The SPEAKER. I The point as to which the up cal is taken is debatab e.
Mr. RAYMOND. I desire to ask the Gentfrom Ohio
Mr. BINGHAM. To save further delay, I will withdraw it.
Mr. RAYMOND. I believe I have the floor, and while I have it the gentleman cannot with draw it. I desire to ask the gentleman, inas much as he thinks it quite properand right to introduce entirely new matter into this discussion, whether he proposes to allow an reply to be made to his remarks, or whether ie proposes to move the previousquestion and cut off all debate. An answer to this question will inlluence my vote on the question of order somewhat.
The SPEAKER. The Gentfrom NewYork [Mr. llliviloxn] had the floor when it was proposedto withdraw it. The Gentfrom Ohio will state whether he withdraws it.
The SPEAKER. The Gentfrom Ohio withdraws his appeal. He will proceed with his remarks.
Mr. RAYMOND. Why does not the Gentleman answer the question I Is it because it is disconrteous or impro?
Mr. BINGHAM. Wigall respect, I an swer I have no further reply to make.
Mr. RAYMOND. Is the question of order decided?
The SPEAKER. The gentleman has with drawn the apeal.
Mr. BlNGl lAM. Mr. Speaker, thercis one further remarkl desire to make here, and I trust it will not be deemed out of order. It has been announced by persons in high places unoilicially that no amendment should be made to the Constitution; that there is no danger to be apprehended from the million men ately in arms against the Republic; that all the lately rebellious States should be admitted at once to representation without any condition; that the loyal people of the U.S. who have saved their Government from overthrow by the wager of battle have no right to require any securit for the future: that nothing remains for them to do but to kill the fatte calf and to welcome back the returning prodigal traitors by the million.
Mr. CHANLER. I risetoapoint of order. Under the ruling of the Chair the gentlemans remarks are out of order, not being pertinent to the question.
The SPEAKER. The Chair does not think so. The gentleman is now speaking directly to the question of the constitutional amendment, referrin to an argument that no constitutional amen merits should be passed, and is therefore in order.
Mr. BINGHAM. In that connection,in Order to show the danger to the peace of the country, I beg leave to make another remark which I trust will be appreciated by gentlemen and not considered out of order; and that is, that at no distant day I have no doubt testimonywvill be adduced to satisfy every honest man in this country, who Wishes well to the Government and the Constitution that there is npw a conspiracy extending through every State lately in insurrection, and percliance be yond their limits, among these returning prodi l rebels for whom we are invited to kill the atted calf, to take possession of the legislative power of this country, and accomplish by corra t legislation what they failed to accomplish iy in ins. in support of that statement I ask that the Clerk shall read what I send now to the Speakers table, purporting to be occasioned by the recent veto, but which also bears witness of the present purpose and expectations of the returning pro. igals. It is taken from the Norfolk (Virginia) Post:
The Clerk read, as follows: “ Gnmr vic roiiv POI.ran Sauna Since themom inir of July 22.1861w, hen the news of the Great southern victory achieved by Beauregard over McDowell and the awful rout of the Federal Army on the Main: of Miiiiassas was borne through the South on the wings of the wind as it were carrying joy and ubilation into every loyal southern household an gladdening every truo southern heart. there has been no news received with so much rejoicing by the people of the South as that contained in the dispatch informing them the President h:idretired the Freedmens Bureau bill." Norfolk ( Virginia) Poet.
Mr. ELDRIDGE. I rise to a question of order. This beinga part of the gentlemans argument, I insist that it is not pertinent to the question under discussion.
Mr. ROGERS. I would like to know what paperthat is read from.
Mr. BINGHAM. I will inform the gentle man. It is an article from the Norfolk "ost, a Virginia paper. It may be the organ of secession or it may not.
Mr. MARSHALL. It is properthat the Gentleman should state that it is a radical paper.
Mr. ROGERS. It was the Chronicle it was read from.
Mr. BINGHAM. Mr. Speaker, I do not yield to the gentlemen., I
Mr. CHANI.E R. I rise to a question oforder. It is not in order fora genilcinaii to publish doe trines of a revolutionary and rebelliouscharacter in his speech.
The SPEAKER. The Chair over rules the question of order. It is not a point of order.
Mr. BINGHAM. I make the discovery that it is not in order, in the judgment of some Gentlemen here, to warn the people of the danger that is impending over them.
Mr. ROGERS. I rise to a point of order. I want to know if we have not a right to know what paper it was that that was read from?
The SPEAKER. No gentleman has a right to the floor except the Gentfrom Ohio, [Mr. BlNGHAM] who is entitled to it for one iour. No gentleman has a right to interrupt him without his consent.
Mr. ROGERS. Have we nota right to know what paperwas read from?
The SPEAKER. The ntleman has only a right to know the speecheof the Gentfrom Ohio for one hour. [Langhten]
Mr. ROGERS. It was read from the Chron icle.
Mr. BINGHAM. It will be copied all over the countryI hope, and I wish it put on the records of the House. I wish to call the at tention of Representatives to it. It has been already intimated that the fatted calf is to be killed at the North to welcome back the returning prodigals traitors whose hands are red with the blood of murder and assassinat lion, who for 4 years struck at the life of your country and at the life of its defenders. Whether the publisher of that paperat Nor folk who uttered the words which have been read was speaking irqpically as to this conspiracy atteSouth, or whether as the accred ited organ of the conspirators. it makes not a particle of difference. It is, in my judgment, according to the declared purpose of those men. They are ready to kill the fatted calfif AndrewJohnson will only forget his former utterances, wherein he said that treason is a crime that must be made odious and traitors must be punished; that traitors are no longer citizens and should not be permitted to participate in the reconstruction and reorganization of the States; and especially if he would lend himself to that black and villaine us suggestion which finds a place in the columns of teChicago Times a paperwhich in its day was, I believe, suppressed for its treasonable utterances by order of GenlBurnside that the President would do well to drive the Representatives of the people by. an armed posse from the Hall ofRepresentatives.
Mr. CHANLER. I rise to a question of order. I submit that remarks about the Chi cago Times are not pertinent to the question under consideration.
The SPEAKER. The Chair doubts whether such remarks are crtincnt.
Mr. CHANLEI. Then I raise the further point of order, that when agentletnan is ruled out of order he must take his seat.
The SPEAKER. If a gentleman is indul gingin disorderly language and is called to order e must take his seat as a matter of course, but when he is simply called to order because his remarks are not relevant to the question before the House he can proceed in order.
Mr. CHANLE. He must take his seat until the decision of the Chair is made.
The SPEAKER. The Chair has decided that remarks in regard to the Chicago Times are scarcely within the purview of this constitutional amendment. But the Gentfrom Ohio has the right to proceed, and it is not required, on a mere question of relevancy, to take his seat.
Mr. BINGHAM. Well, Mr. Speaker I have accomplished my purpose, notwithstanding the objection of gentlemen to let the country know that there are utterances of this sort afloat and now, sir, having said this.I desire to proceed with the argument to make good the eclaration that there is danger to the e public unless the loyal people who have save this country by arms shall save it also by laws, which they can only do within the limits of organized l States. restored to their constitutional relations. to the Government. by and through an amendment to your Constitution.
Mr. LATHAM. Will the gentleman allow me to ask him a question?
Mr. GltIDER. Mr. Speaker, will the Gentleman allow me, deliverance.
Mr. BINGHAM. My friend must excuse me, although I am willing to oblige him at almost any time.
Mr. GRIDER. I have only one question to ask.
Mr. BINGHAM. I must decline, because it interrupts the course of my argument. however, if it is not taken out of my time, I will yield to my venerable friendfrom Kentucky, L
Mr. GRID It. I simply wantthe gentleman to state, if he pleases, whether the facts and deductions which he is stating in relation to Tennessee are based upon his own information, or whether he states them asconclusions which have been arrived at by the JtCommee.
Mr. BINGHAM. The gentleman, if he had noticed my remarks, would have observed that I was referring to honorable gentlemen from that State whom I have seen here. I am not at liberty to speak about the proceedings of the committee. Its report must speak for itself. But I undertake to say that no report will ever be made by that committee and no testimony that discloses the truth about the matter will fail to show that a large majority of the people of Tennessee have declared themselves the sworn enemies of the State and the sworn enemies of the nation.
Mr. GRIDlfilt. Does not the gentleman know that there is a report to the contrary?
The SPEAKER. The gentlemans hour has expired. 4 Mr. CONKLING obtained the floor.
Mr. ROGERS. I hope the Gentfrom Ohio will be allowed to finish his speech. He is the mostliberal man on the other side of the House. He has allowed full debate on this amendment, whereas if it had been reported by another, debate would have been cut off at once by the previous question.
Mr. CONKLING. I am willing the Gentfrom Ohio shall continue his remarks. I will be happy to give him from my time such portion as he wants.
The SPEAKER. the Gentfrom NewYork has the floor, and can yield for explanation to any gentleman he pleases.
Mr. STEVENS. I am reminded that several of our employees get no pay because we have not passet the appropriation bill. If it will be agreeable to the gentleman to make his, remarks a few days hence, I will move we now proceed to the consideration of one of the appropriation bills.
Mr. CONKLING. I sought the floor for a purpose which will accommodate the Gentfrom Pennsylvania, if he will allow me, as well as the Gentfrom Ohio. Of course the Gentfrom Ohio does not wish to post pone his remarks. If he wants to complete them, he wants to comilete them now. He may take such portion of m time as he wants, leaving the floor to me at the conclusion of his remarks.
Mr. BINGHAM. I am obliged to the Gentleman.
Mr. CONKLING. How much time do you want?
Mr. CONKLING. I yield to the gentleman indefinitely.,
Mr. HALE. Before the gentleman takes his seat will he allow me to ask a single question pertinent to this subject?
Mr. HALE. I desire afterdiearing the Gentlemans argument, in which I have been much interested as a very calm, lucid, and logical vindication of the amendment, to ask him, as an able constitutional lawyer, which he has proved himself to be, whether in his opinion this proposed amendment to the Constitution does not confer upon Congress ageneral power of legislation for the purpose of securing to all persons in the severe. States protection of life, liberty, and property, subject only to the Uniification that that protection shall be equa.
Mr. BINGHAlt I believe it doesin regard to life and liberty and propertyas I have here tofore stated it; the right to real estate bein dependent on the State law except when granted by the U.S.
Mr. HALE. Excuse me. If I understand the gentleman, he now answers that it does confer a general power to legislate on the subject in regard to life and liberty, but not in regard to real estate. I desire to know if he means to imply that it extends to personal estate.
Mr. BINGHAM. Undoubtedly it is true. Let the gentleman look to the great Mississippi case, Slaughter and another, which is familiar doubtless, to all the members of the House, an be will find that under the Constitution the personal property of a citizen follows its owner, and is entitled to beprotected in the State into which he goes.
Mr. HALE. the Gentleman misapprehends my point, or else I misapprehend his answer. My question was whether this provision, if adlopted, confers upon Congress general powers of legislation in regard to the protection of life, liberty, and personal property.
Mr. BINGHAM. t certainly does this: it confers upon Congress power to see to it that the protection given by the laws of the State! shall be equal in respect to life and liberty and property to all persons. hfir. HALE. Then will the gentleman point me to that clause or part of this resolution which contains the doctrine be here announces?
Mr. BINGHAM. The words “equal protection” contain it, and nothing else.
Mr. CONKLING. Mr. Speaker, I have not sought the floor for the purpose of discussing the merits of this unionment. It was introduced several weeks ago and considered in the committee of 15. At that time and always I felt constrained to withhold from it my support as one of the committee, and when the consent of the committee was given toits being reported I did not concur in the report. So much I deem it fair and right to say. There are, Mr. Speaker, I know, a number of gentlemen upon the one side and the other of this question who wish further time to consider it, if not to discuss it, and I therefore intend, without any hostility to the gentleman who has it in charge, but at least, I think, by hisquast consent, to make a motion to ost one. But before I do so, my colleague, Mr. orenxrss.] I believe, wants to say a word, and if he will say it now I will allow him to do so and then resume the floor.
Mr. HOTCHKISS. My excuse for detaining the House is simply that I desire to explain why I shall vote in a manner that may be regarded as inconsistent with my usual votes in this House. I have no doubt that I desireto secure every privile e and every right to every citizen in the nitetfStates that the gentle an who reports this resolution desires to secufir. As I understand it, his object in offering this resolution and proposing this amendment is to provide that no State shall discriminate between its citizens and give one class (if citizens renter rights than it confers upon another.I f this amendment secured that, I should vote very cheerfully for it today; but as I do not regard it as permanently securing those rights, I shall vote to postpone its consideration until there can be a further conference between the friends of the measure, and we can devise some means whereby we shall secure those rights beyond a question. I understand the amendment as now proposed by its terms to authorize Congress to establish uniform laws throughout the U.S. upon the subject named, the protection of life, liberty, and property. I am unwilling that Congress shall have any such power. congress already has the power to establish a Uniform rule of naturalization and uniform laws upon the subject of bankruptcy. That is as far as I am willing that Congress shall go. The object of a Constitution is not only to confer power upon the majority, but to restrict the power of the majority and to protect the rights of the minority. It is not indulging in imagi nation to any great stretch to suppose that we may have a Congress here who would establish such rules in my State as I should be unwilling to be governed by. Should the power of this Government, as the Gentfrom Ohio fears, pass into the hands of the rebels, I do notwaut rebel laws to govern and be uniform through out this Union.
Mr. BINGHAM. The gentleman will pardon me. The amendment is exactly in the language of the Constitution that is to say, it secures to the citizens of each of the States all the privileges and immunities of citizens of the several States. It is not to transfer the laws of one State to another State at all. It is to secure to the citizen of each State all the privileges and immunities of citizens of the U.S. in the several States. If the State laws do notinterfere, those immunities follow under the Constitution.
Mr. CONKLINC. It would be a great pleasure to me, under the circumstances, to a rec with my distinguished colleague [Mr. I OTCHKISS] who hasjiist taken his seat. But I shall vote to postpone this subject for very different reasons from, if not entirely opposite to, those he has given. I certainly think no objection is to be made to this proposed amendment because it does not go far enough or because it is not sufficiently radical.
Mr. ELDRIDGE. Will the gentleman yield to me?
Mr. ELDRIDGE. I desire to move to lay this JtResolution upon the table.
Mr. CONKLING. No, Ithunk on; justby way of varietyz I will occupy the corduring my own time if the gentleman will allow me. I rose for the purpose of moving to postpone this subject to a day certain. A though I intended to make some remarks upon it, yet so much has been said, and so well said already upon it, and the Gentfrom Pennsylvania [liin STEVENS} is in a hurry to get at an appropriation bill, will forege any remarks, and simply submit the motion that this whole subject be postponed until the 2nd Tuesday of April next, and upon that motion I demand the previous llCSlJOn.
Skip Skip Mr. ELDRIDGE. Is itin order now for me to move to lay the whole subject upon the table?The SPEAKER. That motion is in order. Mr. ELDRIDGE. Then I make that motion and upon Iit ask the ycas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yous 41, nays 110, not voting 32; So the motion to lay the JtResolution on the table was not agreed to. During the roll call, Mr. I ATHAM said: Mr. Speaker, both my of colleagues, [Mr. Hermann, WestVirginia, and Mr. wHALEY] are absent on account of sickness. Mr. ANCONA said: My colleague, Mr. JOHNSON, is confined to his bed by sickness. Mr. KELLEY said: The Gentfrom NewJersey, Mr. Srium, requested me to an nounce that he has been imperatively called away, and that if here he would vote for this amendment. The result was announced as above stated. The question recurred on 2nding the demand for the previous question. The previous question was 2nded, and the main question ordered. which was upon the motion to postpone the JtResolution till the 2nd Tuesday in April, after the morn in hour. Mr. ANCONA. I demand the yeas&nays on the motion to postpone. On ordering the yeas an uuys there were ayes 22 noes 81. Mr. dNCONA called for tellers on ordering the yeas&nays. Tellers were ordered; and Messrs. Axcoxn and CONKLING were appointed. The House divided; and the tellers reported ayes 33, noes not counted. So the yeas&nays were ordered. The question Was taken; and it was decided in the atiirmative yeas 110, nays 37, not voting 86; So the motion to postpone was agreed to., Mr. CONKLING. mtRtv just taken; on the table. Agreed to. PATENT orrics serum.
The SPEAKER laid before the House a communication from the ComrPatents, transmitting his annual report for 1866; which was laidupon the table, and ordered to be printed. Mr. GRINNELL moved that 10,000 extra copies be printed. The motion, under the law, was referred to the ComPrintg. DEFICIENCY BILL.
Mr. STEVENS. I move that the rules be suspended, and the House resolve itself into the ComWhole on thestate of the tIlplion, to take up the deficiency appropriation l. The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. AsnLizv, of Ohio, in the chair) and proceeded to the consideration of the special order, being House bill No. 86, making additional appropriations, and to supply deficiencies in he appropriations foi suudry civil expenses of the (rovernment for the fiscal year ening the 30th of June, 1866, and for other purposes. ie CHAIRMAN stated that general debate had been terminated, and the bill was now being considered under the 5 minutes debate.
Mr. WASHBURNE, of Illinois. Mr. Chairman, before the House proceeds with the consideration of the bill where we left off, I ask unanimous consent to go back to the 9th page so that I may move to strike out from line 186 to line 191. I think I can make a statement entirely satisfactory to the committee to show they ought to be stricken out.
Mr. CHANLER. Read whntis proposedto be stricken out.
The Clerk read, as follows: For.ayment of claiins duefor tho ccnsiruction and furnising the Baltimore courthouse.$109,000. For payment ofclaims duolorthe repair of government warehousesand construction of wharvos, Staten Island. NewYork. SEL. Messrs. CHANLER and J. L. THOMAS objected to goin back.
Mr. WASHBURNE, of Illinois. tlemen to hear my statement.
Mr. CHANLER. I do not object to the gen, tleman making his statement.
Mr. WASHBURNE, of Illinois. I move sir, to strike out those lines for the reasons I will state to the committee very briefly. The provision is for the payment of claims due for constructing and furnishingl the Baltimore courthouse, $109,000. When the matter was up before I had not the information which I now have. I have since found, by inquiry at the Treasury Dept, that this appropriation is not at all for the payment of claims no for the construction and furnishin of this Baltimore courthouse. but is simply for dam ages. I have aletter from the SecyTreasury on the subject, which I desire to be read; and then Iwill make a further statement to show to Congress the carelessness which has been displayed at the Treasury Dept in regard to this matter.
The Clerk read, as follows: TBEASUHY Dsrssrxssr. February 16.1866. Silt: In answerto yourverbal inquiry relative to the natureot the claimof $100, 0Ofoorconstructinizthe Baltimorg. Maryland. oourt houso,andof 329.00)for constructionot wharvel and reairs of Government warehousesat Staten Island. Niiw York. I herewith resootfully submit the following: h ocontract for constructin the courthouse at BOaslbtoimrnoer, e. may land. was madgcin 1860 with Mr. N. from oohcster.NewYork. wassuspended by order of the Deptin May.1861, and resumed a so by order of the Dept, in June. 186). As ionngly a small portion oft 0work had beendonedur the fall of 1860andspring of 1861t, he bulk of the lame lind to be donp during aperiod when the prices of labor and materials were nearly double those on which the contract was based. I ask Gen The claim duo for repair of government warehouses and constructing wharves at Staten Island, NewYork is for a balanceof the contract hitherto with held on account of iionconforinity of the work with said contract and which will becomedue whcncver the co tractorswill comply with the sameto thesat isfacti n of the Dept. Very respectfully, H. McCULLOCH. SecyTreasury. Hon. E. B. WASKBURNR.HouseufRepruentalivea.
Mr. WASHBURNE, of Illinois. Mr. Chair man, this is simply a private claim which has been interected into this bill. It is false on its face. It is here for the payment of claims due for the construction and furnishing of the Baltimore customhouse; but it is for no such thing. A contract was made for the construction of the Baltimore courthouse, and it has been paid for according to the terms of that contract. On examination I find the damages are alleged for suspension of work. There was an estimate of $100,000, but the matter has never been passed upon. it is a mere claim for dam ages, which has never been considered by any Dept of the Government. The SecyTreasury, who I admit has manafled the afiiiirs of the Treasury with a great deaI of fidelity and honesty, admitted to me when this matter was brought to his attention that he knew nothing about it. Under these circumstances I ask the committee to strike out. this item. It is one of the most monstrous I have ever seen. It has not been investigated by any properauthority. A mere clerk put it in as an estimate, and it was put into this bill as an appropriation for $100,000. It ought not to be here. There was a controversy which sprun up between the Gentfrom Iowa [.Mr. Ibis soslinnd myselfin regard to tbs furnishing of the altimore courthouse. Icut to the In terior Depagtment and obtained a full history of the matter. I have a letter from the SecyInterior, in which he says when the claim was presented there it was rejected because there was no authority on the part of those who made the contract to make it. The letter is too long to be read in the limited time of 5 minutes. In regard to the repair of the Government warehouses and construction of wharves at Staten Island, the Secretary says nothingis due, yet we have an appropriation for $20,000. I o e the committee Will strike out both items.
Mr. CHANLER. I did not understand the gentleman in regard to the $20,000. Will he explain what the appropriation was for which he said there was no necessity existing?
Mr. wASHBURNE, of Illinois. Ican state in regard to the Staten Island matter.
Mr. CHANLER. I would like to hear the gentleman on that point.
Mr. WASHBURNE, of Illinois. There has been a great deal of controversy in regard to the Staten Island matter. Instead of the government being indebted to the contractors it has been thought that the contractors were in debted to the Government. It is contended that there is nothing due to them now, and I do not see the prepriety of making appropriations when the SecyTreasury tells us there is nothing due.
Mr. CHANLElt. I do not understand that the SecyTreasury positively makes that assertion in regard to the $29,000. I merely wanted information on the subject.
Mr. FARNSWORTH. I understand that every officer of the Government who has examined this matter on Staten Island has reported against the claim, and how it came to get in the estimate of the Dept I cannot conceive. There is a bricfnow waiting the action of the SecyTreasury in reference to this very claim made out by an officer of the Government who has reported against it. It is a liquidated claim.
Mr. CHANLER. After the statement of the Gentfrom Illinois [Mr. Fansswosrn] I am of course satisfied.
Mr. J. L. THOMAS. One question in regard to the courthouse claim. As I stated when this bill came up before the committee some weeks ago, the cit of Baltimore has not a particle of interest either in the payment or refusal to pay this claim. 7 This gentleman, Mr. Osborne, called on me the other day after he saw that I had taken an interest in iettin this. claim through, and put astatement in my and in relation to this case, and I want the Gentfrom Illinois [Mr. Wssmiunsn] to state to the House, if he knows the facts, whether or not the work on that courthouse was suspended in 1801 by order of the SecyIreasury and whether the SecyTreasuryfiid or did not give Mr. Osborne, the contractor, an order to proceed and prosecute the work, and whether or not that is not the basis of the damages now claimed.
Mr. WASHBURNE, of Illinois. I do not know but Mr. Osborne mayhave a claim in good faith against the Government, but this has never been examined or passed upon by any competent authority.
Mr. J. L. THOMAS. Then I understand that the damages that Mr. Osborne claims which have been reported upon by the chairman of the ComAppropriat have not been ascertained by any Dept of the Government.
Mr. WASHBURNE, of Illinois. It is not damages. The bill speaks of claims due. There are none due. The whole claim which Mr. Os borne has is for damages for the postponement of the work, and I understand he made no protest when it was so ordered, but went right on.
Mr. J. L. THOMAS. What [want to know from the gentleman is, whether the money is I claimed in the nature of damages or in any other way, and whether it has been asked for by the Treasur Dept? lt
Mr. BERGEN. Mr. Chairman, I object to this.
The CHAIRMAN. Objection is made, and the discussion is out of order.
Mr. WASHBURNE, of Illinois. If I can have the attention of the chairman of the committee, I wish to say a word about the fees of the engineers. I suppose the engineers otheo belongs to the War Dept, and I will move in the 1st place to strike that clause out and I hope the committee will give me their attention one moment in regard to the appropriations which follow this which I move to strike out. They all pertain to the payment of engineers and commissioners who are connected with the Pacific railroad. Now, sir, I desire some information from the committee in regard to this matter. As I understand the Pacific railroad bill. all these expensesare to be borne by the company; and when we go back and look at the legislation in regard to that railroad, we may well be astonished at this additional piece of legislation. This company came to i the last Congress and induced Congress to as sumealiahilit of$95.000.000 and gotan appropriation of 100 million acres of pu lie and, and now they come in here and ask the Government to pay their expenses. I would like to know if there is any law human or divine that would justify such an appropriation as this? [Laughter.]
Mr. STEVENS. I suppose it would be as welLfor the gentleman to move to strike out all these appropriations at once.
Mr. HIGBY. I move to amend what is pro“ posed to be stricken out by striking out on page 18, in line 416, the words “ 3 Government commissioners, " and inserting in lieu thereof “ one Government commissioner;” and if that amendment prevails, I will offer other amendments to conform to it. I will state that at the request of the SecyInterior who invited the commissioners appointed by the President to inspect the road to come to Washington, one of the commissioners has come here from the State of California. He was not invited to come here by the railroad company, but by the SecyInterior who invited him here for a certain purpose. Now, I will state in reference to the law, that the law incorporating this company provided that 3 commissioners should be appointed by the President to make examinations and report to the Government; but the law makes no provision how these commissioners shall be aid. That is the simple fact in regard to the aw. I offer this amendment in order that one of the commissioners, who has comehere in comliance with the request of the Government, shall receive his ay. know this to be the fact, for I went to the SecyInterior myself, on the part of the committee, and obtained this information. I know further that this commissioner has been here in Washington twice, and is now in waiting here.
Mr. WASHBURNE, of Illinois. Let this amendment be made, anyhow; it will make the provision better than it now is; but I hope the committee will strike out the whole of these appropriations.
Mr. STEVENS. I o pose this amendment of the Gentfrom alifornia. Either the Government is bound to pay all of these 3 commissioners or to pay none of them. Now, in looking at the railroad law, I can find no authority for the Government paying either of them. The Government has paid to these railroads all they intend to contribute to ward their construction. The Government was authorized to exercise a certain supervision, by the appointment of 5 directors and the appointment of commissioners, and before they issued bonds there were to be surveys made to fix the initial points, but I never supposed that that was not a part of the legitimate expenses of the: company in the location and construction of the road. It is just as much a part of the duty of the "company to pay for it as it is to ay for laying down the track of the road. I agree therefore, with the Gentfrom Illine rs, that the Government has iiothin to ay to this company except the small tric of $16,000, $32,000, and $64,000 permile, when the road is completed. It was never desi ned that this should he an annual tax upon the government in addition to what they have done for the road., I hope, therefore, that all modifications will be rejected, and that the motion of the gentle map from Illinois [Mr. wASHBURNE] will prevai.
Mr. BIDWELL. It strikes me that itwould be very bad policy indeed to trust the employment and payment of commissioners to the company. They must be aid by somebody.
Mr. STEVENS. Will the gentleman allow me to say that the Government has the appointment of these men? The Government a points the directors and the commissioners. r1 e are Government appointees, but payable by the company.
Mr. BIDWELL. Verywell. The appointing power is very strong it is potential. But the paying poweris equally as strong. I would like to see officers in the employ of the government aid by the Government, in order that they might act independently and make fair reports, on which Congress and the country can rely; and considering theimportance of the Pacific railroad, I think the Governmen should not hesitate to pay the trifling salary of e 1, 800. If the company is to pay these expenses; they will certainly, to a greater or less extent, control the result of the investigation. I am oppdsed to striking this out. # the question recurred upon the motion of Mr. Hmnv, to strike outthe word “ 3 " and insert the word “one.”
Mr. HIGBY. I will withdraw that amendment for the simple reason that I have been misled by having a bill differently printed from the one under consideration. Ipizesume I an derstand the pith of this matter, but at the same time I want to do my duty. I will now propose another amendment, which will test the question procrly. I propose to amend by inserting what send to the Clerks desk to be read.
The Clerk read, as follows: For compensation of one Government commissioner of the ceatral Pacific railroad. appointedagree ably to the act of July 1, 1862, and the act of July 4. 1364 and instructed y the SecyInterior to attend a meeting of the board of government directors, commiasioneis and engineersat Washington, DistCol.January 10, 1866 for the purpose of fixingu on thestandard of railroads to which the Pacific railroad and branches shallconform, 75 days, at 8 dollars perday, $600.
Mr. HIGBY. I will test the principle upon that amendment. I propose to offer another amendment if this is adopted.
Mr. WASHBURNE, of Illinois. I make the point of order that this amendment is not carring out any existing law, but is independent legislation upon an appropriation bill, and therefore out of order by every ruling of the House.
Mr. HIGBY. It is in the original bill as it came from the Dept. It was considered by the ComAppropriat as a part of the bill and if it does not appear here it is because it was stricken out.
The CHAIRMAN. The Chair sustains the point of order, and rules the amendment out of order. The question recurred upon the motion of Mr. Wasnaunxn, of Illinois, to strike out from line 401 to line 453 inclusive. The motion was agreed to.
Mr. HAYES. I move to amend the bill by inserting after line 457 the following: To enable the JtcomLibrary to pay the 1st installmentdue one contract madewith Villiam ll. Powell for a naval picture to be placed in the Ca itol in unsuance ofaJtResolution approved arch 2, $2.000.
Mr. PRICE. If I understand correctly the reading of that amendment, it is to pay $2,000 for a picture. Now, I have no vote to give for money to buy a picturejust at this time. I shall vote against all appropriations for pictures for this Government until it is able to buy and pay for what we actually must have. I hope this committee will not vote any money to pay for pictures or tinsel or ornanflzntotion of any kind until we have money to pay for what we must have., Mr. HAYES. At the last session of con, strictly in order. gress, a JtResolution was passed directing the JtcomLibrary to enter into a contract with Mr. Powell for a picture to be placed in this Capitol. The contract has been made in strict accordance with that resolution. This amendment is offered in order that the 1st payment under that contract may be made. I ask the Clerk to read the JtResolution passed at the last session. The Cler read, as follows: Join t resolution authorizinga contract with William. owell for a picture for the Capitol. Be it resolvedby!the Senate and HoRep the U.S.A. in Conqreu(u That the JtcomLibrary be, and they are hereby, directed to enter iiito a contract with William H. Powell. of theState of Ohio.to paint a picture for the U.S., to be placed at the hand of one of the grand staircasesin the Capitol, illustrative oisomenaval victory: the particular subject. of the paintin to be agreedon by the committeeand the artist: ifovltlttl.That the entire expense of said picture shall not exceed $33,000 and 82.000 shall be paid to said William H. Powell in advance. to enable him to.preparefor the work.the remainderof said installmentsat intervals of not lessthan one year. the lust installment to be retained until the picture is completedand put up. Approved March 2, 1865.
Mr. wASHBURNE, of Illinois. I am sorry to say, Mr. Chairman, that this amendment is I reSisted at the iast sessmn the passage of the JtResolution which has just been read; but it has become a law, and I suppose that it is obligatory upon us to carry it out.
Mr. ROSS. I would like to inquire, Mr. Speaker, whether this work has been commenced, or whether it is possible to rescind the contract and avoid the expenditure for this picture. I recollect very wellthat when thisJtResolution was passed during the last session of Congress it was pressed through the House by the chairman of the ComMilAffrs, [Mr. SCHENCK] while at the same time that gentleman opposed a proposition which was made to increase the pay 0t our soldiers to 20 dollars permonth. He maintained that the Government was not able to pay that increase; and by his maneuvering and that of the committee the proposition was defeated; yet he urged through this I doiise thatjomt resolution making an appropriation of $25,00010r the ainting ot a picture. h
Mr. HAYES. I have no doubt that if my colleague, the chairman of the ComMilAffrs, was present he would have something to say in reply to the Gentfrom llliiiois, [Mr. 1toss.] I Will only say that the work upon this picture has been commenced, and that the contract cannot honestly be resciiided. The amendment was agreed to.
Mr. PRICE. I move to amend by out in lines 487 anng 488 the followmg words: For surveying public lands in Dakota Territory, $15,000. I am informed upon authority which I believe to be trustwortii that there are no lands in Dakota Territory which need to be surveyed, and that therefore no appropriation is necessary for this purpose. n looking over this bill I find no appropriation for surveyinglands in Itlontana Territory, where there is a considerable quantity of public lands that need to be surveyed. Hence think it would be good policy to strike out this appropriation for our. Veying lands in Dakota, where, if I am correctly informed, there is no need for an appropriation of this sort
Mr. BURLEIGH.R. Chairman, if the Gentfrom Iowa [Mr. PRICE] hadtraveled over Dakota Territory as much as I have, he would entertain adiiferent opinion in reference to the neeessit of this appropriation. The public lands in akota are, I believe, of as: good quality as those in the State of Iowa or in any of the western Territories. The lands in Da kota are alniOst the only public lands which are not in the hands of speculators, and on which the poor emigrants of our country can find homesteads., During the continuance of the war, it ll truth. “uh. v oinition to our section of the count has not been very extensive; butatpresenta arge emigration is ouringinto that region. In order to accommodate the emigrants who are now oing to the Territory of Dakota from every State in the Union it is absolutely that the ublic lands there should be snuereveesyseagy. The Gentfrom Iowa represents a section of the count where the public lands have been almost entire y absorbed by private individuals and speculators, so that emigrants have no opportunity to find homesteads there; and I trust that he will not op so this a plropriation which is demanded for tesake otose worthy men who are seeking homesteads in the Territories of the for West.
Mr. CHANLER. I have no objection whatever to the appropriation. I am particularly desirous every facility shall be afforded for the settlement of the public lands. But there is no limitation of time. It does not seem to be fixed as a salary. The appropriation may be for one year, or only one mont.Iask for information what period oftime thiseovers, and whether it is in accordance with any existing contract? I hope the gentleman who is charged with the matter will so far enlighten us as to answer thatquestion. The chairman of the ComAppropriat perhaps knows for what time these sums are set down.
Mr. STEVENS. I have not been able to hear what the gentleman says.
Mr. GHANLER. There are appropriations here from 15 to 30,000 dollars for surveyin" the public lands; but there is not a word in are bi which will tell us the time for which those appropriations are made. We do not know whether they are for the past or for the future. We do not know whatis the character of the appropriations.
Mr. STEVENS. This bill as it stands now was for last year. It was intended as adeficicncy, altbou lIi believe the surveying has not been done. I do not know but it would be proper to put it in the deficiency bill for the current year. I think likely the better way would be to reduce the appropriation from $15,000 to 555,000, so that t icy may go on now until the bill for the current year is taken up. I am inclined to think it istoolarge here. I move to reduce the appropriation from $15,000 to $5,000.
Mr. BURLEIGH. I am no or the im.iression a part of the money has already been exended in surveying these public lands.
Mr. STEVENS. A very small portion $5, 00(I will cover it.
Mr. DRIGGS. Has the committee any information whether the mone has been expinded? I do not want to strike it out if they have none there now in that dept.
Mr. STEVENS. I cannot fin from inquiry whether any account has been rendered. I learn onlya small portion has been expended. I want. the appropriation reduced and the surplus car ried into the bill for the current year. It will not suffer.
Mr. HOGAN. Mr. Chairman, these approprintions for surveying the public lands are always made in advance, largely in advance; because the contracts have to be entered into, and the parties haveto go upon the fields. Where these lands have been procured by the government in these distant Territories, it is absolutely necessar they should be surveyed and open to the pay lic.
Mr. STEVENS. This is a bill for last year, and therefore ought to contain nothing more than has been expended. The House, in the usual way, will have another bill for the current and next years; and that is the one to which the gentlemans remarks will apply. This is only for what is past.
The Clerk read, as follows: U.S. cionugrtin h.oruespeaiarn, danpdosetomlation of the Indianapolis, ice at Indiana and twin the sidewalks in lront of the sumo, the sum of) $5.05 or such part thereof as may be necessary.to be expended under the SecyInterior.
Mr. BOITTWELL. I move to add to that the following: For the alteration and repair of the courthouse in the city of Boston. $5,000.
Mr. WASHBURNE, WI Illinois. Is notthat the same amendment that was offered the other da and ruled out of order?
Mr. BOUTWELL. It was out of order to rule it out of order.
The CHAIRMAN. Does the gentleman raise the point of order?
Mr. WASHBURNE, of Illinois. It is a settled question; res adjudicate. It was before the committee before, and the Chair ruled it out of order. I make the point of order it is out of order.
The CHAIRMAN. The Chair overrules the point of order. It is clearly in order.
Mr. BOUTWELL. I ask thata letter of the SecyInterior be read.
The Clerk read, as follows: DEPT ToOrXr, unIsrisuma, D. 0. Iebraary 5. 1865. Sm; I inclose herewith for the consideration of the ComJudiciary.copiesofsundry lettersreceived. at thisDept. relative toalterations and an addition to the building at Boston, ownedby the U.S and appropriated to the usesof the Federal cons: 1. Letter from John S. Koyes. Es. marshal of the U.S. for the district of assacliusetts, urgin tbocontemplated imrovementsJo which are add the certificates of t a properU.S. attorney and the district judge. 2. Letter from Mr. Justice Clifford and District Jud O Lowell. to thesameellect 3. etter from Hon. Alexander H. Rice, and other Representatives in Congress from Ma.ssaohuse tts, who.after making afoi mal examination of the building, concur in the recommendation. 4. Letter from G. J. 1“.Bryant. Esq., architect, to Jludzzcs Clifford and Lowell. explanatory of the alter a nun. I am satisfied that the improvementsshould be made at once. The estimated cost is 85.000 and I recommendthat a clause, appropriating that sumfor the purpose.be insertedin the miscellaneousappro priation bill. I iuclose a memorandumwhich, ifadopted, would effect the ohJectcontemplated. I am, sir. rery respectfully, vour obedient servant, JAMES HARLAN. Hon. Junis F. Witsos, beer chairman ComJudiciary.
Mr. BOUTWELL. I only wish to say that the expediency of this appropriation has been considered bv the ComJudiciary and recommeude. The courthousewas purchased by the Government. It was not fitted for the business. It is poorly ventilated and lighted, and more than a 1, there is no safe in which the public papers can be deposited and kept secure. trust there will be no objection on the part of the committee or the House to this amendment.
Mr. BERGEN. In acting on this appropriation bill a few days ago, there were items relating to public buildings which we owned, which were partly completed, and which unless completed would be destroyed and become use less or at least suffer great damage. Those appropriations were reiiuced or stricken out because of the exceeding weight of debt this country has now to sustain. But here we find a courthouse in such a situation that it can be used, as I understand, which answers the purpose, but which requires improvements to be made upon it. There is no danger that the building will become dilapidated, as I understand, much less destroyed. Now, if our necessities are so great that buildings in recess of erection are to be subjected to the e ements and left to destruction, certainly we ought not, under the circumstances, to pay money to iin prove buildings which are not in such danger, and which can be and now are used. To be consistent, then, the committee ought to vote against this appropriation, and I hope that they will do so. The qpestion being taken on the amendment of Mr. OUTWELL, it was agreed to.
Mr. McRUER. I ofer the following amendment: After line 522 insert: I Forgsding lot around marine hospital at SanFraneiseo.000.
Mr. WASHBURNE, of Illinois. I rise to a point of order. the amendmentis not in order. this not car in out an existing law.
The CHA R AN. The Chair sustains the point of order.
Mr. WASHBURNE, of Illinois. I move to strike out the following item: For dischargecf all miscellaneous elaiins not otherwise provid for as shall be admitted in due coum of settlementa he Treasury, $10,000. It does not seem to be fora specific purpose. It is miscellaneous, and is not carrying out any existing law.
Mr. STEVENS. I shall not object to its being stricken out.
Skip Skip The question being taken on striking out the foregoin item, it was agreed to.
Mr. PRICE. I move to strike out, in lines 526, 527, and 528, the following: For fMilitating communication between the Atlan tic and Pacific Statesby electric telegraph.$40.01). This appropriation may be all right, but if anybod was to ask me why we give $40,000 for ate e raph line I could not tell him and I do notine w of any better time to raise the question than now.
Mr. STEVENS. I am afraid we shall be obliged to allow this to remain. If some of our friends I do not mean the Gentfrom Iowa, [Mr. Pnicri] had joined me when that grant was made a most enormous and extrav ugant one, ii; myjudgment of$40,000 for what we ought never to have paid a cent, we would not have had to putthisa propriation in. The grant was made a inst the protest of some of us, nevertheless teHouse carried it. By law now, therefore, on our statute books we are compelled to pay that company this sum. I do not see how it is possible to avoid it without a violation of law.
Mr. PRICE. Then I understand that this is a contract.
Mr. STEVENS. It is part of the law under which the telegraph line was built, and I am constrained to believe it was part of the contract for building the line. I would like to have the matter tested, and to know whether we have the constitutional power to repeal it. I have always looked upon it as a rascally thing. Nevertheless, it is the law, and I do not feel justified in refusing the appropriation so long as the law exists.
Mr. PRICE. I am as anxious as any Gentleman can be to kee all the contracts of the Government in goo faith. I was not aware when I made the motion to strike out thatthtre was a contract to pay the money. I now ask the Gentfrom Pennsylvania how long this contract runs?
Mr. STEVENS. I do not now recollect. I am afraid as long as water runs. [Laughte I have not seen the law since it was pass (I. I believe there is alimitation to it, but I am 1 0t puite sure. Some gentleman an is ten es "s. tmay be about ten years, which would oily make it $400,000.
Mr. PRICE. I withdraw the motion to strl kc out. If there is a contract we must pay 1 he money.
Mr. DRIGGS. I move to amend the clai so in relation to the detection of counterfeit mg by striking out “ $100,000, ” and insert ug “$50,000, ” so that it will road: For expensesin detectingand bringing to trial 1 punishment persons engaged adiiry in counterfeitingln ll notes, bonds and other securities of the Un"ed states. as well as the coin of the U.S.
Mr. WASHBURNE, of Illinois. I believe that this is an appropriation thatought not to be cut down. understand from the Solici or of the Treasury that counterfeiting is going on to an immense extent, and a heavy appropation is needed for this purpose.
Mr. DltIGGS. If that is trueit can be 1 o vided for in the new bill to which the Gentfrom Pennsylvania [Mr. STEVENS] as o ferred. An appropriation of $50,000 for iis pu r ose is pretty good for a beginning, a: ll thin we may strike out this amount in appropriately than many appropriations that have constricken out alread; that, for in stance, for surveys in Dakota Territory. I am willing to give $50,000 for the detection of counterfeiters. I think that is am in for the present. When they want mono I will isready to vote it.
Skip Skip The question was taken on Mr. Diuoess amendment; and it was not agreed to ayes 2oi lit, noes not counted.
Mr. BERGEN. I move to strike out the following clause: For building a customhouseat Portland, Maine. in addition to the sum heretofore appropriated by Congress. $75,000 Provided That the SecyTreasury may, it hothinks it. advisable, expen a sum, not exceeding $25.00), in the purchaseof ground adjoining the site of the old enstoin h0usoon Fore street, now ownedby the U.S. for the purpose ofculurgmg the same or the Secretary may excehliagnig blee the lot now owned as aforesaid for n more one. it the same can be procured; but no moneyshall be paid or agreedto be paid by the U.S. ln CODSlClBTB.l.oIOf sHuch exchange, and no transfer, assignment, or conveyanceof property by the U.S shall be iuadeuponsuc exchange, except a conveyance, on its behalf, by the SecyTreasury, of the interest of the U.S. in the lot aforesaidand the building thereon. I would inquire if they have a customhouse at this time in Portland, Maine.
Mr. LYNCH. I would inform the gentleman that at present the customhouse at Port land is in a building eccu ied for the customhouse, post othee, and U.S. court rooms, and that the accommodations are on tirely inadequate to the business to be done. The room now occupied fer the customhouse is in the 2nd story of the building and is needed for the U.S. court reom, which is new on the 3rd stor. It isproposed, as I understand, to remove t to internalrevenue of fices into the rooms now occupied by the U.S. courts. They are now in buildings outside which are rented by the Government. The Government owns a lot upon which the customhouse formerly stood, and it is proposed to erect a new building on that lot. This appropriation passed both Houses during the last session of Congress, and it is recommended by the SecyTreasury. I may state that the business of the customhouse at Portland has more than tripled in the last 3 years, and that the present fleecin modations are entirely inadequate.
Mr. BERGEN. It appears then, that they have already a customhouse there. Is it wise at this time. when the country is so much in debt, to incur further indebtedness in this way? The cost of labor and building materials is so high at present. that individualsQre afraid to build: Is it wise for the Government at such a time. burdened as we are with debt, to erect new buildings when it can be avoided? The Gentfrom Illinois [ML WASH scans] has opposed all these unnecessary appropriations, and has even moved to strike out appropriations which are absolutely necessary for the protection of buildings already erected and to prevent their going to decay. I had expected, to hear him raise his voice in opposition to this appropriation of $75,000 for a new building, but not one word do we hear from him.
Skip Skip The question was taken on the amendment; and there were ayes 35, noes 32; no quorum voting.
Mr. WASHBURNE of Illinois. Ihope the Gentfrom NewYork, with whom I voted, will not break up the committee by insisting on a further count on his amendment.
Mr. ROSS. I understand that if we do not press a vote on the amendment now, there will e no chance to recur to this provision. Surely, in colleague would not permit an a reria tidn of this kind to glo thrihugh! ppp
Mr. BERGEN. insist on afnrther count. Mr. WASHBURNE, of Illinois. Then I call for tellers.
Mr. STEVENS. I move that the committee do now rise. The motion was agreed to. So the committe rose, and the Speaker having resumed the chair, Mr. ASHLEY, of Ohio, reported that the ComWhole on the state of the Union had, accordingto order, 4 had under consideration the state of the Union generally, and particularly hill of the House No. 86, making additional appropriations, and to supply deficiencies, in the appropriations, for sundry civil expenses of the government for the fiscal year ending 30th ofJunc, 1866, and for other purposes, and had come to no conclusion thereon.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fossvzv, its Secretary, informed the House that the senate had passed a bill (S.No.58) entitled “An act granting lands to the State of Oregon to aid in the construction oi a military road from Corvallis to Aquine bay3” also, a bill (S.No.133) entitled “An act grantin lands to aid in the construction of n railroad and telegraph line from the waters of the bay of SanFrancisco to Humboldt bay, ” in which he was directed to ask the concurrence of the House and then, on motion of Mr. STEVENS, (at ten minutes to 5oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnvasniv, March 1, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS. The President protempore. The Chair has received and been requested to present to the Senate a memorial of the Legislative Assembly of the Territory of NewMexico, in which they state that that Territory has been under the control of the Government of the U.S. for the past 18 years, and set forth further, the amount of losses, both offileand property, which the Territory has sustained in consequence of Indian depredations; and the yprny Congress to appoint a board of commissioners to receive evidence touching these claims and to make provision for their payment. This memorial, ii there be no objection, will be referred to the ComTerritones.
Mr. FESSENDEN, it was Ordered That the memorial and other papersof Captain H. Clay Wood, of the 11thU.S. in antry. praying for compensationfor property lost by the evacuation of Fort Cobb, Texas, under Post Order No. 87.issued for the evacuationof that post be taken from the files of the Senate and be rsferre to the ComcClaims. Mr. HARRIS. A few days ago I presented a memorial from the Bishop Gutta Percha Company, remonstrating against the passage of the bill (S.No.26) in relation to the International Ocean Telegraph Company. That bill was then pendiii be ore the Senate, and the memorial which presented was laid upon the table. The bill has since been referre to the ComCommerce, and I desire that the memorial shall tdke the same direction.
The President protempore. It is moved that the memorial referred to be taken from the table and referred to the ComCommerce. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. WILLEY, from the ComNavAffrs, to whom was referred a JtResolution (H.R.No. 24) for the relief bf Lucre tia M. Perry, widow of the late Nathaniel H. Perry, U.S. Navy, submitted an adverse report thereon; which was ordered to be printed.
Mr. WILSON, from the ComMilAffrs , to whom was re; ferred a JtResolution (S.R. No. 82) to disband the militia forces in certain States and to prohibit their organization, reported it without amendment., Mr. RAMSEY, from the ComNavAffrs, to whom was referred the petition of Commander George Henry Preble, submitted a report, accom anied by a bill (S.No.176) for the relief of eorge enry Preble, a commander in the Nayy of the U.S. The bill was read, and passed to its 2nd reading, and the report was ordered to be printed. PRINTING OF A BILL. On motion of
Mr. RAMSEY, it was Ordered.That the bill (S.No.162)to secure the speedyconstructionof the Northern Pacific railroad and telegraph, be printed. BILLS INTRODUCED.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.177) to incorporate the National Safe Deposit Company of Vashington; which was read twice by its title, and referred to the ComDistCol.
Mr. CRESWELL asked, and by unanimbus consent obtained, leave to introduce a hill (8. No. 178) to incorporate the Metropolitan Mining and Manufacturing company; which was read twice byits title, and reerredto the ComDistCol. BONDED WAREHOUSE IN OREGON.
Mr. WILLIAMS submitted the following resolution; which was considered by unan imous consent, and agreed to: Resolved, That the ComFinance be instructedto in uiro into the expediency of the construction by t a U.S., at the city of Port and, in the State of Oregon, of a building to be used or a bondedwarehouse.post office and the U.S. circuit and district courts and that they have leava to report by bill or otherwise. EULOGY 0N HENRY WINTER DAVIS.
Mr. WILSON submitted the following resolution; which was considered by unanimous consent, and referred to the ComPrintg: Resolved, That 10,000 copiesof the address of the Speaker of the HoRep and the eulogy on the late Hciiry Winter Davis by Don. A. J. in:sivi iLL, on the 22dultimo, be printed for the useof Senators and that the some beprinted in the Globei sournnnn PACIFIC RAILROAD.
Mr. BROWN. vI movh that the Senate proceed to the consideration of Senate bill No. 20. The motion was agreed to; and the Senate, asin ComWliple, resumed the consideration of the bill (S.No.20) grantin lands to aid in the construction of a railroad and telegraph line from the States of Missouriand Arkansas to the Pacific coast by the southern route.
The President protempore. The ComPacificRR have reported this bill with various amendments, which will be acted on in their order. The 1st amendment of the committee was in section one, line 19, in the list of corporators, after the word “Pennsylvania, ” to strike out the names of “Theodore F. Ran dolph, Amos Robins, James F. Scovil, Provi dence Ludla m, ” and to insert “ Clinrlcs Knap, J. L. N. Stratton, James B. Dayton, Robert F. Stockton, James F. Scovil." The amendment was agreed to. The next amendment was in section one, line 44, to strike out “Jose h” before “Thompson, ” and to insert “P. ” and in line 45 to insert “Charles E. Moss,ed wardWnlsh, A. E. Easton, Truman J. Homer, J. B. Ends, D. R. Garrison, W. A. Kayser.” The amendment was agreed to.
Mr. POMEROY. In the 49th line of the same section the name “Stotter” should be “Stottler, ” and “I. C. McDowell” should be “J. C. McDowell.”.
The President proiempore. rections will be made by the Clerk. The next amendment was in section one, line 63, to strike out the word “Southern, ” and to insert “Atlantic and " so that it will read: “ A body corporate and politic, in deed and in law, by the name, style and title of the Atlantic and Tacific Railroad Company.” The amendment was agreed to. The neitt amendment was in section one, Those corline 83, after the word “route” to, strike out the words “over the region embraced in the surveys made under the direction of the War Dept by Lieutenant Whipple and Edward F. Beale, sq.” The amendment was agreed to. The next amendment was in section one line 87, after the words “thence by, to strie out the words “way of the SanGorgonio pass ts SanDiego, and by the Tejou passes and the Tulare and SanJoaquin and their lateral valleys to the bay of SanFranciseo, ” and to insert “the most practicable and eli ible route to the Pacific.” he amendment was agreed to. The next amendment was in section one, line 95, after the words “town of Van Buren, ” to strike out the words “and shall also have the right to connect their roahs, at the point of crossing the Colorado river, by steamer with Guaymns.” The amendment was agreed to. The next amendment was in section one, line 106, to strike out the word “Southern, ” and to insert“ Atlantic and, " so as to make the name of the company, “The Atlantic and Pacific Railroad Company.” The amendment was agreed to.
The President protempore. It is proposed by the committee to make this amendment in all the sections of the hill, where the title of the company occurs, and if there be no objection, the word “Southern” will be stricken out wherever it occurs, and the words "Atlantic and " inserted. The next amendment was in section one, line 110, to strike out the words “at such time, ” and to insert “on the lst day of January, A. D. 1867, or at such time within 3 months thereafter, ” so that the clause will read: The 1st meetingof said board of copmimionen shall be held at the Turner Hall, in the city of StLouis. onthelst dayof January, A. D. 1867 or at such time within 3 months therealtor u my tea commissionersheroin named, from Missduri, appoint shall The amendment was agreed to. The next amendment wasiii section one, line 116,after the word “appoint, ” to strike out the words " not more than 6 months from the passage of this act.” The amendment was agreed to.
Mr. POMEROY. I will suggestthat onvthe 7th page of the bill, line 155, in the clause directin the directors to tum over all the properties an subscription books to the stock olders, the word “ moneys" be inserted before “properties.” The principal thing they will have to turn over will be the mono that has been subscribed. “ Properties” inchi es money, bu! it is a vague way of stating it.
Mr. BROWN. I have no objection to the amendment.
The President protempore. The Chair will suggest that the amendments reported by the committee are perhaps more properly in order in the 1stinstance, and then the amendments which any other Senators may wish to make. The bill will be open to amendment after the amendments of the committee are disposed of.
The PRESIDENT protem re. That proviso will be added i there e no objection. None being made it is adopted. The next amendment was to strike out section 18; in the following words: SEC.I8. Abife:, That said SouthernPaoificRailroad Companyshall obtain the consent of the Legislature of any state through which any portion of said railroad line may pass previous to commencingl the construction thereof: but said company have t a right to put on engineersand survey {.hte route beforeobtaining the consent of the legis a are and to insert in lieu thereof: Site.18. Abife: That the Southern Pacific railro. a company incorporated under itgheedlatwoscoofn the State of Cealifornia is herebyauthor said Atlantic and Pacific railroad, formed under this act, at such point near the boundary line oftho State of Calitornia as they shall deem most suitable for srailroad line to SanFranciseo, and shall have a uniform gauge and rate of freight or fare with said road; an in consideration thereof. to aid in it sconstruction shall h avesimilar grants of land, subject to all the conditions and limitations herein provided, and shall be required to constructits road on the likc regulations. as to time and manner, with the Atlantic and acifio railroad herein provided for; and the Northern Central Railroad Company, a company incorporated under the lamof the State of Nevadabe, and the sameis, authorized to construct it branch northwardly. from some point on its line at or near the Colorado river mostpracticable. to such points in t a State of Nevada and Utah Territory astheymayselectandsuch branch lines. when located and adopted, shall have the same rig and franchise and the same land grants as herein provided for the main line of the Atlantic and Pacific railroad.
Mr. POMEROY. This newsectionwhich the committee propose to insert in the bill proposes to make a land grant to 2 other railroad companies not named in the bill. One of those companies, the California company, seems to be a continuation of this Atlantic and Pacific railroad line, and therefore ought not to be by such route or routesas may be h them deem + objected to; but the section also provides that the same quantity of land may be given to another company in the State of Nevada, subject to the same imitations and the same restrictions. While that may be also a very good thing to be done, I question whether a new company entirely, in another State, not connected with this Atlantic and Pacific road at all, should be put into this bill and be provided for in one section, without an reference of the subject to the comPubLands, who have generally had charge of these local roads through the various States. If the Senfrom MissourI thinks it important to have it in this bill, I shall not make any strenuous opposition to it; but it is something entirely new in passing a Pacific railroad bill to insert in it a provision for a road in another State that is not connected with the road contemplated in the bill. If there are any reasons for it that I do not know ofI should be glad to have them stated. It occurs to me that it is a provision not permane to the bill and should not be attache to it.
Mr. CONNESS. I should like to have a division of the iicstion, so as to have the 2 propositions cm raced in the section proposed to be inserted by the committee voted)upon as separate sections. They are not necessarily dependent upon each other, and therefore should not he placed in the same section.
Mr. POME i0Y. The road in California will have a direct connection witlnthis Atlantic and Pacific road; and therefore I think it very properthat that road should be included in this bill.
Mr. CONNESS. I supposed it was in a separate section, and I am a loss.to know how to make a motion so as to have it so regarded.
Mr. BROWN. Move to amend the amendment so that the latter part of it shall be marked as a separate section.
Mr. CONNESS. If that will be in order, I will make that motion.
The President protempera. Will the Senator state his motion? Mr.CONNESS. Imove to amend the amendment of the committee by marking all after the word “ for, ” in line 13 of the proposed amendment, being section 18, as a separate section, as section 19. The section proposed to be inserted contains 2 distinct propositions, and it was my understanding that they were to stand separately, as different sections of the bill; on I wish that to be done; therefore in motion is to amend the amendment by ining all that portion of the amendment after the word “for, ” in the 13th line, section 19.
Mr. POMEROY. The Senator means simply to move to strike out all after the word “for.”
Mr. CONNESS. I do not wish to do that. I desire that a vote shall be taken on the 2nd branch of the section relating to the Northern Central Railroad Company of Nevada by itself. For the sake of coming more readily at the proposition I move to strike out all after the word “ for” in the proposed amendment; and it can be replaced again as a new section. the amendmenttotheamendment was agreed to; and the amendment of the committee, as amended, was adopted.
Mr. BROWN. I believe those are all the amendments reported by the committee. There are one or 2 verbal corrections in the 1st section I would like to make. In the 27th line of the 1st section I move to insert the Mine of “ George 13., Center” after “ Storer.” The amendment was agreed to.
Mr. BROWN. In the 57th line of the 1st section the name should be “J. K. Moores" instead of “J. R. Moorcs."
The President protempore. That correction will be made.
Mr. BROWN. In the 58th line of the “1st section the name " Dawdell” should be Dowell.”.
The President protempore. That correction will be made, as it is a mere clerical error.
Mr. BROWN. In line 45 the name “A. E. Easton" should be “ A. R. Boston.”
The President protempore. That correction will be made, as it is aclerical mistake.
Mr. POMEROY. I now renew the suggestion that Imade before, that is, in section one, line 155, to strike out the word “properties, ” and to insert “money and prort." p
Mr. BROWN. I suggestto the Senatorth at in lieu of that the word “ moneys" be inserted before “ properties, ” so that it will read, “ all the moneys; properties, subscription books, and other books in their possession.”
The President protempore. That amendment will be made.
Mr. POMEROY. The last clause of the 2nd section reads thus: The U.S shall extiu ish. as rapidly as may beconsistentwith public po icy and the welfare of the said Indians. the Indian title, &c. That is the 1st place in all the hill where the word “Indians” is used, and the word “said” should be stricken out.
The President Prodempore. rection will be made.
Mr. POMEROY. I notice that in the ser entcenth line of the 3rd section it is provided that the lands proposed to be grante are not to be withdrawn from market until the line of the road is definitely located. We have usu ally had the lands withdrawn from market when a plat of the general route was filed. If you wait until the line of the road is definitely fixed by sections and quarter sections, you Will lose your land.
Mr. BROWN. That can be obviated by insertin the words “by filing a plat, " after the wor s “definitely fixed."
Mr. POMEROY. That will help it some. I wish to call attention to the proviso on the That cor1101 1 10th page of the bill. that in case this road passes through a mineral section, other lands, agricultural lands in lieu of the mineral lands, are to be selected. I think that is a new feature. We have not inserted such a provision in any of the other land grant bills.
Mr. BROWN. The Senator is mistaken about that. It is the same provision that was contained in a bill at the last session of congress in regard to the Northern Pacific railroad.
Mr. POMEROY. It may possibly have been done in regard to that road.
Mr. BR WN. This is identical in language with that bill.
Mr. BROWN. I do not know that there is anything in this biDthat will bind the Government of the U.S. to take any action tIhat would conflict with its treaty obligations. do not suppose that there is. I do not suppose that we could bind the Government to do so. If there are any obligations of that sort, of course they will control the action of the Government, and this clause will not interfere with it. If there are not, I see no objection to the clause. I do not participate in the view that the Senator seems to have that that country should be kept exclusively for Indian tribes an further than we are obligated to do so now.
Mr. LANE, of Kansas. What I have said has been at the request of the delegation of Chickasaw and Cherokee Indians who are now in the Marble Room.
Mr. BROWN. This is the same clause that has been put in all these railroad bills in regard to extinguishing Indian titles. It does not differ from them in an respect.
Mr. LANE, of Kansas. We have hereto fore agreed to extinguish a possessory title that the Indians have; but here is a legal title. The lands are patented to them. I now have the treaties before me. Every Senator on this floor is aware of those stipulations. The are of the most solemn character that we will not eneroach upon them, that we will not intrude upon them without their consent; and yet this bill proposes to compel the U.S. to extinguish their title. To be sure, there is a clause that it shall be extinguished “ as rap idl as maybe consistent with public policy an the we fare of the said Indians;" at if this bill passes we agree to extinguish that Indian title, which is an agreement on our part to destroy and trample under foot the most solemn treaty stipulations that we have with these Indian tribes.
Mr. BROWN. On the contrary, the of the clause expressly prohibits that thlainngg.uaget says that the Indian title is to be extinguished as far as is consistent with the policy of the Government.
Mr. LANE, of Kansas. “The U.S shall extinguish, as rapidly as may be consistent with public policy an the welfare of the said Indians, the Indian title to all lands falling under the operation of this act, and acquired in the donation to the road named in the bill.” It seems to me that that is just the same as if the Government were to agree to extin ish the title to my land or to your land. We have never engaged to do any such thing heretofore. We have agreed to extinguish a possessory title, but not where the title is in fee as in this case.
Mr. GRIMES. I should like to be informed whether or not this road is to run through the Cherokee. Choctaw, and Chickasaw lands?
Mr. LANE. of Kansas. Their entire lands.
Mr. GRIMES. By the provisions of this bill, if it should be enacted into a law, will this company acquire a title to land belonging to these Indians?
Mr. Lane, of Kansas. They acquire alternate sections, just as has been granted hereto fore in these bills.
Mr. POMEROY. Oh, no, not the alternate sections; nothing but the right of way, under this bill.
Mr. LANE, of Kansas. The 3rd section of the bill provides: That therebe, and hereb is, grantedto the [Southern] Atlantic and Pacific ailroad Company, its successorsand assigns.for the purpose of aiding in the construction of said railroad and telegraph line to the Pacific coast and to securethe safeand speedy transportationof the mails.troops, munitions ofwar, and public stores, over the route of said line of rail wa and its branches.cvery alternatesectionof public and not mineral, designatedby odd numbers.to the amount of 20 alternate sectionspermile. on:32)?“ of said railroad line. as said companymay Then there is the other clause that I have read making it
Mr. BRO VN. The Senator understands that that does not refer to Indian land, the title to which is not in the U.S.
Mr. LANE, of Kansas. But here is aclause, at the end of the 2nd section that compels the Government to extinguish the Indian title along the line of this road.
Mr. GRIMES. Then I understand that the idea of the Senfrom Kansas is, that when the Government shall extinguish these titles, that title is to inure to the benefit of this company.,
Mr. LANE, of Kansas. Certainly; and it is peremptory on the Government to extinguish the Indian titles just as was provided in the bills that were passed for railroads in the State of Iowa. If the Senfrom Missouridesires these treaties to be read again, (as they have been read in the Senate) I have them here and can read them. I repeat, they are of the most solemn, peremptory and emphatic character, that we will not intrude upon nor eneroach upon these Indians. I am as anxious to have this road as the Senfrom Missouri; but I suggest to him whether, inasmuch as we are trying to get up a government for these Indians, in order that everything may be consistent, it would not be as well to refer this bill to the ComTerritor, which now have before them a bill for the organization of a territorial government for these Indians, so that the 2 bills maybe made to harmonize. The Indians would have no objection to this railroad, provided the grant is made through their governments. I desire to say to the Senfrom Iowa and to the other Senators that the Chickasaw government (and a delegation of them are now in the city) has already granted a charter for a railroad company through their nation. They claim the same jurisdiction over their territory that Missourior Iowa does over its territory. The question, I submit, in their name and for them is, that we ought not to compel the Government to extinguish the title in their country if the title when extinguished is to go into the hands of white settlers.
Mr. BROWN. I suggest to the Senator if that is his object, I do not think the clause bears the construction which he puts upon it. He may strike out the word “welfare, ” and insert the word “assent.”
Mr. LANE, of Kansas. I will suggest to the Senfrom Missourithat what these Indian tribes desire is, that they may make the grant. The Chickasaw tribe ofIndians, in making their rant, reserved a bonus to their nation. Whatt ey want of your company is, that instead of obtaining the grant of land through the General Government, they should get it through them, giving them a bonus. The Chickasaw Indians reserved a bonus of two%. of the net profits of the road to which they made a nt. hey want to go forward and aid this road: mind you will have no trouble in getting your land grant from them.
Mr. SHERMAN. As it is probable that we can hardly pass this bill before the morning hour expires, I should like to take up a bill to which I am sure there will be no objection.
Mr. BROWN. There is nothing to prevent the passage of this bill now if this matter is passed u on.
Mr. SHERMAN. If there is to be no further debate upon it, I shall not object; but I should. like to have the bill to which I refer passed before the regular order of the day comes ii i. v
Mr. BROWN. I will move to insert in the 17th line of the 2nd section. after the word “Indians, ” the words “and only by their consentf so that the clause will rea: The U.S. will extinguish, as rapidl a! may be consistentwith public polic and the we fare of the said Indians and only by their consent, the Indian title to all lands falling under the operation of this act and acquiredin the donation to the road namedin the bill.
Mr. POMEROY. I do not think it necessary to make that amendment. It will not do an good. You cannot extinguish the Indian title except by their consent.
Mr. BROWN. Iknow that; but it brings it within the objection that the Senators colleague has taken.
Mr. LANE, of Kansas. While that may be true, you may bind the Government to do it.
Mr. POMEROY. This does not bind the Government to do it.
Mr. LANE, of Kansas. Yes, sir, I so understand it.
Mr. JOHNSON. Isu estto my friendfrom Missourithat perhaps he adbetter let this subject go over until tomorrow. If there is any doubt whether, as the bill now stands, it would interfere with the treaties, we ought to solve that doubt very positively before proceeding further.
Mr. BROWN. I do not see how there can be any possible doubt, when the language of the bill leaves it subject to the action of the Government in the future exclusively.
Mr. JOHNSON. I do not say that there is any well founded doubt; but I understand that the Senfrom Kansas has a doubt on that subject.
Mr. BROWN. I believe this amendment removes even his doubt.
Mr. JOHNSON. He says not; and certainly no member of the Senate is disposed to interfere with the oblition of treaties.I am satisfied the Senator from Missouriis the last member who would do it.
Mr. BROWN. I am willing to let the bill go over until tomorrow, and we can take it up then and dispose ofit.
The PRESIDENT protemporc. By common consent the bill Will be considered as post poned until tomorrow. CATTLE DISEASES.
Skip Skip The bill was reported to the Senate Without amendment, ordered to a 3rd reading, read the 3rd time, and passed. REPRESENTATION of SOUTHERN States.
The President protemporc. The moming hour having expired, it becomes the duty of the Chair to call up the unfinished business osesterday, upon which the Senfrom N e v a [Mr. STEWART] is entitled to the floor. The Senate resumed the consideration of the following resolution: Be it reoolvrdby the HoRep, the Senate concurring.)That in O or to close agitation upon a 1Question which seems ikcly to disturb the caectritoauine ty the Government well asto quiet the unwhich is agitating the minds of the coplo of the 11 Stateswhich have been declared to be in insurrectipn, no Senator or Representative shall be admitted into cither branchof Congressfrom an of said Statesuntil Congress shall have declared such State entitled to such representation.
Mr. SUMNER. If the Senator will allow me to interrupt him, I wish to ask him a question. In the Senator notaware that Mr. I erry of SCarolina held office under the rebel government, so that he cannot take the oath required by law?
Mr. JOHNSON. I am. That is another matter. Is alt of the man individually.
Mr. SUMHER I have with me a SCarolina papershowing that he was in that. condition.
Mr. JOHNSON. I rim aware of it. I would have made the same suggestion to the honorable member that I did to the Senfrom Viis cousin, but he was so far off I could not catch his O e.
Mr. FESSENDEN. That restrained me y Mr. from questioning you.
Mr. FESSENDEN. I be the honorable Senator to understand that if have not made the matter clear it is for want of ability to make that lain to others about which, however puzzled I may be in the gentlemans eyes, I e not the slightest doubt in my own mind.
Mr. JOHNSON. Judging from the report it seems to have fiitted across the mind of the honorable member that perhaps there might be something in the peculiar character of the government that would make a distinction. Now, I understand him to say, what he intended to say at that time, that there is no distinction.
Mr. FESSENDEN. That was a necessary part of the argument. I discussed the question whetherit did change it. My opinion was that it did not.
Mr. FESSENDEN. Are thosewords, “that is all that he can do, " there?
The President protempore. Is the senate ready for the question on the resolution?
Mr. WADE. Mr. President, I was so unfortunate as not to be present while the Senfrom Maryland was making his observations. But I understand that he called meiu question for having been present at a meeting which will be affirmed was held in Cleveland some 7 years ago by persons called “ Sons of Liberty, ” and he alleged that I there consented to certain resolutions that were passed which favored the doctrine of secession and that Iwns chairman of the committee which reported them. Sir, the charge is a total forgery so faras I am concerned. I never was at any such meeting of the Sons of Liberty or any other sons. Inever uttered such a sentiment in my life; and I would thank gentlemen to look better to their authorities when they call my course in question than to produce this kind of a paper. I do not know what it is, but I presume it is of the cop erhcud persuasion.
Mr. WADE. I see that the paper contain in the charge is the Baltimore Gazette.
Mr. JOHNSON. It is an extractpnblished by that paper. I looked for the Senfrom Ohio this morning in order to show it to him. Knowing the opinions that Senator has cuter tuined lately, Ipwas a little surprised to find that he was supposed to have entertained these opinions.
Mr. WADE. I do not wonder that the Senator was surprised to hear that I had uttered such sentiments; and I am rather surprised that he should believe I had ever uttered any sentiments disloyal to this nation or favoring secession in any manner or form. I am not one of those who have or have had much association with gentlemen holding tosecesson principles. My associations have all been the other way. During the war that secession made my conn sels were against it. I was forwar to the death against the principle of secession, while many other gentlemen in my eye were either participants “1 or a ologists for that sentiment. I neverexcuse ainanfromhisoath ou the ground of secession or any other ground. When a man lifts his hand to God and swears that he will do or forbear to do a certain thing,I will hold him to it before God and man, and I do not seekto find out whether it is constitutional or not. His conscience is involved; and if he is not. a perjured man he will regard his oath. But I only rose to say on this occasion that all that relates to me which has been read from the aperwhich I now hold in my hand, and all i recomments upon it, are without the least foundation in the world, so far as I am concerned. I never presided over such a.meeting. I never was present At any such meeting and I never knew that such a meeting was held. Now, Mr. President, I am perfectly aware that a war is made and I am willing to meet it. anywhere upon what are called radicals of the country, and I am one of them. In olden times I was here in the Senate called an abolitionist, but they have changed the name since. They have all got to be abolitionists now, and they have changed my name to “radical.”
Mr. WADE. No, sir, it is not a radical change. My radicalism is exactly the same thing that what you called my abolitionism was. Sir, it has conquered you. Who dare get up today and so that he is not an abolitionist?
Mr. WADF Waver in the determination todo rightand juflce by all men. Ifyou waver upon that and think by expediency you can trmm h you are mistaken. you cannot do it; nobody can do it. The Senfrom Connecticut the other day called me in question because I had presented an amendment of the Constitution so that a man should not hold the office of President more than one term.,
Mr. DIXON. I think the Senator is mistaken. I did not intend at all to call him in question I merel alluded to the fact.
Mr. WADE. ou alluded to the fact and remarked that I had brought it forth at this particular time in order to effect certain purposes. Perhaps that was not the Senators anguage; I do not suppose it was exactly.
Mr. DIXON. I stated what the Senator said at the time, that he brought it forward at this particular period, as I understood him to say, as a proper measure at this time.
Mr. WADE. So far from that, I said when I brought it forward that it had been in my mind for a great many years as the only salvation for the country, as a barrier against the ambition of men, undI told you it was not aimed at any particular man, because in myjndgment human nature was not proof against the temptations of electioneering with the whole powers of the Government for another term. That is what I said about it. I thought the principle was right. I thoughtwe had a ChiefMagistrate in the Chair by mere accident who would have no ambition to continue his position there to another term, and I supposed, therefore, it was peculiarly proitious to interpose this great remedial act. say now, as I did before, I introduced it for no party purpose whatever. I did it because my observation has tau ht me to believe that without some such brea water to the ambition of Presidents, your nation will be constantly in danger. I hope it will be received in no party spirit. It has not been a party measure ere tofore. Indeed it was peculiarl and emphat ically in the mouth of a man whose polities I never did agreed to. General Jackson was the most emphatic on that subject of any man. It was a doctrine avowed by his party; it was an emanation of the sagacity, wisdidm, and honesty of that great statesman. It came also from Washington. I hope that when that proposition comes up (and I shall insist upon it whenever I can see an opportunity where the Senate is so disengaged fIrom other business that they can attend to it) shall urge it upon the consideration of the Senate in no partisan spirit, but in the hope that patriotism will triumph over party considI have seen erations and enable us all to come up with one i voice and interpose this great remedy against 1 human ambition. But, sir. I did not rise to make a speech, and I am very willing now that the vote shall be taken.
Mr. JOHNSON. The Senfrom Ohio has done me the justice to suppose that I did not intend to assail him by using the resolution which I read. I looked through the Chamber today to submit it to him, in order to ascertain whether it was true or not. It is taken from an Ohio paperas a resolution offered at a meeting presided over by Mr. Giddings.
Mr. WADE. I know nothing about it. I was not within 60 miles of w are any such meeting was held.
Mr. JOHNSON. There were meetings of that sort held, I recollect; but I had no idea the Senator was there until I read it in this paperas taken from an Ohio paper; and coming from an Ohio paperI thought it possible it might be true.
Mr. JOHNSON. No, I have forgotten. I said that it surprised me exceedingly, because I never had heard the honorable member exrcss any opinion that was not entirely loyal; but we are sometimes so excited as to forget for a moment our duty not only to the country but to others, and I thought it barely possible, seeing it taken from an Ohio paper, that it might be true; but I would not have used it, if the honorable member had been in his sent, without 1st submitting it to him. Hewas not here.
Mr. COWAN. Mr. President, I had proposed to speak to the resolution now before the Senate at some length; but I certainly have no disposition, if a vote is to be pressed this evening, to tres pass on the Senate. I shall be glad. however, if) the Senate will consent that the resolution shall go over until one oclock tomorrow, at which time I shall be here in my place ready to say what I have to say upon it. Imake the motion that it be postponed until that hour.
Mr. FESSENDEN. I cannot consent to that.
Mr. HENDRICKS. I suppose that Senators on all sides desire to get this subject disposed of, and I suggest that we agree to take the vote tomorrow evenin at 4 oclock.
Mr. JOHNSON. I think we can come to that understandiu.
Mr. SAULSB RY. I shall desire to be heard before the vote is taken.
Mr. HENDRICKS. Perhaps I am not authorized to make any proposition.
Mr. FESSENDEN. will say to the Senfrom Indiana that we do not desire, on this side, to press the rekolution unnecessarily and improperly; but the debate has seemed to be interminable, and our desire is to bring it to a close. If it can be generally understood that we shall have a vote tomorrow at a reason able hour, that will be satisfactory.
Mr. SHERMAN. The Senfrom Dela ware says he may desire to speak; but I think we can vote tomorrow.
Mr. FESSENDEN. If the Senfrom Del aware objects to any understanding. of course we shall gain nothing by seeking to make an arrangement now.
Mr. SAULSBURY. I do not wish to delay the Senate; but I had intended to say something on this subject today, and as I have been very unwell all day, I must defer it until tomorrow.
Mr. HENDRICKS. I believe I can now say that we can agree to take the vote tomorrow. I do not suppose that any Senator desires to continue the question until next week. I should like to see some prospect of adjourning the session before the middle of the summer. That is aquestion in which I feel some interest.
Mr. HENDERSON. Let us take the vote at 5 oclock tomorrow.
Mr. HENDRICKS. I will modify the suggestion which I made, and instead of fixing 4 oclock I propose that we take the vote tomorrow. Several Srmnoas.
Mr. WILSON. particular hour. Several Saxaroas. Say 5 o clock.
Mr. HENDRICKS. Well, I propose to name 5 oclock, if that is satisfactory.
Mr. CONNESS. After the announcement that the honorable Senfrom Pennsylvania will take the floor at one oclock tomorrow, not knowing what that distinguished Senator may say, and supposing that he intends to make a very general assault upon the resolution, although I am as anxious to come to the vote as any other Senator, I should be unwilling to fix an hour for taking the vote which would prevent a reply being made to what he may say. I object to fixing the hour until I shall 1st hear what the Senfrom Pennsylvania may say.
Mr. CLARK. Oh! letus take the voteand pass the resolution.
Mr. CONNESS. Inm willing to a e to the arrangement that a vote shall be taken tomorrow, but I do not like to have the hour Say at 5 oclock. We had better not fix any fixed.
Mr. CLARK. I suggest to the Senfrom California whether if we can fix the time for taking the vote it is worth while to risk the matter by any objection to that understanding.
Mr. FESSENDEN. As the general disposition of the Senate seems to be to fix a time for taking the vote, I will consent to name 5 oclock tomorrow, with the understanding with Senators.on the other side, that if I find it necessary in consequence of anything that occurs in the debate to make a short reply, without opening the debate again, I shall have the right to do so. I shallccrtainlynot be dissed to seek an opportunity to speak; butif Isould find it necessary to do so, and that should take me a little beyond 5 oclock, I suppose there will be no objection.
Mr. JOHNSON. There can be no objection to that.
Mr. FESSENDEN. As I have charge of the resolution perhaps it may be necessary I hope it will not before me to say a few words upon it.
Mr. CONNESS. With that understanding, I have no objection to the arrangement.
Mr. FESSENDEN. Then I believe we are all agreed, it being understood that I shall have an opportunity to reply to what may be said, it I deem it necessary, though it may go beyond 5 oclock, my reply not being regarded as opfiiing the debate a sin.
Mr. DAVIS. Iwi l not, consent myself to the arrangement that the vote shall be taken at 5 oclock. I have no objection to the Senate continuing in session tomorrow until the question can be taken.
Mr. FESSENDEN. Then we may as well go on to night.
Mr. HENDRICKS. I make one more proposition, and that is that this resolution be made the order of the day for 12 oclock tomor row, or immediately after the reading of the Journal, and that we finish it up before we adjourn. That will ive one more hour, and we can certainly get t rough in 6 hours. We can as well sit it out tomorrow as to night. I should be in favor of sitting here then. With that feeling I move that we adjourn. The motion was not agreed to.
Mr. HENDERSON. I understand that an arrangement of this character will be satisfactory. that the vote be taken tomorrow at 6 oclock. That is to say, the vote may be taken by 4 oclock, but we shall certainly take the vote at 6 oclock tomorrow. I understand the Senfrom Kentucky wants about an hour, the Senfrom Pennsylvania about an hour and a half, and the Senfrom Delaware perhaps an hour or an hour and a half. possibly we can take the vote by half past 4 oclock, but I understand that Senators all agree that if the vote is not forced before 6 oclock it may then be taken. [“Agreed."] If that be satisfactory, we can have it so understood.
Mr. FESSENDEN. I should like to know whether Senators are a eed on that, with the understanding that if other gentlemen take up until 6 oclock I shall have the privilege of a short reply if I deem it necessary, “Certainly, ” Certainly, ”] and that will not e considered as opening the debate again.
Mr. HENDERSON. Let us have that understanding. “Agreed."] The Pit “SI E. 1 protempers. The motion before the Senate is that the further consideration of this resolution be postponed until tomorrow at one oclock, and made the special order for that hour.
Mr. FESSENDEN. I should like to know, 1st, whether that is universally agreed to on the other side.
Mr. SHERMAN. We will sit it out tomorrow.
Mr. DAVIS. I understand that those who are opposed to the resolution are willing that the question shall be taken at 6 oclock tomorrow, and if the Gentfrom Maine wants any time afterwards. I suppose there will be no objection to his taking just such time as he wishes.
Mr. HENDERSON and that the vote be taken at the close of his speech.
Mr. HENDERSON. That is satisfactory. [“Agreed.”
Mr. CLA K. now adjourn. The motion was agreed to; and the Senate adjourned. I move that the Senate do
###HOUSE OF REPRESENTATIVES. THURSDAY, March 1, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. NATIONAL SAFE nnrosrr COMPANY.
Mr. BLAIN E, by unanimous consent, introduced a bill to incorporate the NatiOnal Safe De osit company, of Washington, District of Co uinbia; which was read a 1st and 2nd time, referred to the ComDistCol, and ordered to be printed. RELIEF OF CHAMBERSBUBG.
Mr. COFFROTH. I ask unanimous consent to submit the followmg resolution: Whereas the citizens of Chambersburg.Pennsylvania. were assessedwith an internalrevenuctax or the year 18M, and the said tax wascollect d from the said citizens after the town of Chambersburz had been burned by the rebel army commanded by the potorious and fiendish General McCauslin: T are orc., Be it resolved.That the ComWays&Means ho and arehereby, instructedto report, by bill or otherwise. an act for the relief of such persons whose property was burned or whose business was destroyed or suspendedby the burning of said town, by refunding to said citisens the amount of the internal provenuc tax they paid for said year.
Mr. WASHBURNE, of Illinois. That resolution is mandatory upon the committee as it now reads. It shoal be modified so as to instruct the committee to inquire into the expe diency of doing so and so.
Mr. COFFROTH. I have no objection to that modification. The resolution was modified accordingly; and as modified it was agreed to. PACIFIC RAILROAD.
Mr. PRICE, from the ComPacificRR, reported back House bill No. 138, to lay out and construct a railroad and telegraph line from the city of Portland, "in Oregon, to the Central Pacific railroad, with a substitute; and the substitute was ordered to be printed, and, with the bill, was recommitted to the committee. LAND GRANT FOR MICHIGAN RAILROADS.
Mr. TROWBRIDGE, by unanimous consent, introduced a bill to amend an act entitled “An act making a grant of lands to the State of Michigan, in alternate sections, to aid in the construction of railroads in said State, and for other purposes, ” approved June 3, 1856, and supplemental thereto; which was read a 1st and 2nd time, and referred to the Commit toe on Public Lands. NATIONAL CAPITAL INSURANCE COMPANY.
Mr. MERCUR, by unanimous consent, introduced a bill to incorporate the National capital Insurance Company which was read a 1st and 2nd time, and referred to the ComDistCol. DUTY ON PAPER. MLKETCHAM, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the ComWays&Means be instructedto inquire into the expediencyof reducing the duty on paper, and that they report by bill or othormse. PORTAOE LAKE SHIP CANAL.
Mr. DAVIS presented the JtResolution of the Legislature of the State of NewYork, rel ative to a ship canal from Portage Lake to Lake Superior, across the base of Keweenaw Point; which was referred to the ComPubLands, and ordered to be printed.
Mr. WASHBURNE, of Illinois. Cannotall these bills and JtResolutions be introduced on Monda next?
The SPEAKER. On next Monday, during the morning hour, States and Territories will be called for bills and point resolutions on leave.
Mr. WASHBURNE, of Illinois. Then I object to any more being introduced now.
Skip Skip LEAVE OF ABSENCE. Mr. DELANO. I ask leave of absence for my colleague, Mr. CLARKE, who has been compelled to return home. Leave was accordingly granted. RIGHTS OF CITIZENS.
Mr. WILSON, of Iowa. I nowcall up the motion I made a few days since to reconsider the vote of the House, referrin to the ComJudiciarya Senate ill No. 61, to protect all persons in the U.S. in their civil rights and to furnish the means for their vindication; and upon that motion I call the previous question.
Skip Skip The previous question was 2nded, and the mainquestion ordered; and under the operation thereof the mtR agreed to. The question recurred upon the motion to refer the bill to the ComJudiciary. Mr. WILSON, of Iowa. I now withdraw that motion. The House then proceeded to the consideration of the bill.
Mr. WILSON, of Iowp. This bill has been considered by the ComJudiciary, and I have been instructed by that committee to offer several amendments to it. The 1st amendment is in the 7th line of the 1st section, to strike out the words “inhabitants of” and insert the words “citizens of the U.S. in;” so that that portion will read: There shall be no discrimination in civil rights or iinmmanuyn Sittiaetseaomr oTnegrritthoeryc, it Aizrce.ns of the U.S. This amendment is intended to confine the operation of this bill to citizens of the U.S., instead of extending it to the inhabitants of the several States, as there seems to be some doubt concerning the power of Congress to extend this protection to such inhabitants as are not citizens. I demand the previous question on the amendment.
Mr. BINGHAM. I hope that the previOus question will not be 2nded until I can have an opportunity to offer a further amendment.
The SPEAKER. The Gentfrom Iowa [Mr. WILSON] iroposes, as the Chair understands, to perect the bill by offering these amendments, after which the whole bill will be before the House.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment was agreed to.
Mr. WILSON, of Iowa. I move further to amend, as follows: In line nine. strike out the words "but theinhabit apts." and insertin lieu thereof the words “and such citizens;" so that the clause will read, “and such citizens of everyrace and color." The amendment was agreed to.
Mr. WILSON, ofIowa. I offer the following amendment, not as coming from the comniittee, but because it is necessary to perfect the amendment already oltered: Insert after the word “ property, " in line 15 of the 1st section.the words “as is enjoyed by white citizens;" so that the clausewill read: Shall have the same right to make and enforce contracts. to sue be parties and give evidence to in hpeerristo.n purchase.lease, sell. hold and convey real and property, as is enjoyed by white citizem. The amendment was agreed to.
Mr. WILSON, of Iowa. I move further to amend as follows: On pmre 3. in lines 15 and 16. strike out the words "enlarge the powers of the Freedmens Bureau." and insertin licii thereof the words"cstab a Bureau for the Relief of Freedmen and Refugees and all actsmncndatory thereof." The amendment was agreed to.
Mr. WILSON, of Iowa. I now desire, Mr. Speaker, to enter a motion to recommit the bl l.
Mr. BINGHAM. Is that designed to cut of? amendments?
The SPEAKER. The Gentfrom Iowa has the right to enter the motion.
Mr. WILSON, of Iowa. The Gentfrom Ohio will understand what I propose, before I get through.
Mr. BINGHAM. I only want to know whether the gentleman makes at motion for the purpose of cutting off further amendments?
Mr. DAVIS. I hope that, by unanimous Consent, the Gentfrom Iowa will be allowed sulficient time to conclude his remarks. There was no objection.
Mr. SHANKLIN. Mr. Speaker, would it he in order at this time to move an amendment?
The SPEAKER. A motion to recommit has been made, which, while pending, precludes any motion to amend. Mr.SHANKLIN. Iask the Gentfrom Iowa to withdraw that motion to allow me to offer an amendment.
Mr. RAYMOND. I ask the Gentfrom NewJersey to yield to me for a moment, that I may address one or 2 questions to the chairman of the ComJudiciary, [Mr. WILSON, of Iowa. ] Mr. ROGERS. I yield to the gentleman.
Mr. RAYMOND. I desire in the 1stplace to inquire whether this bill as now under discussion before the House has been printed, and is now on our files.
Mr. WILSON, of Iowa. The bill is printed and on our files in the form in which it passed the Senate. The House has this ine rmnB 1.; adopted several amendment. Consequently the bill on the file does not eorres rid precisely with the bill now before the onse
Mr. RAYMOND. I desire to make one other remark. Early in the present session I introduced into the House a Ihi aiming at precisely the some general object contemplated in the bill now before the House, and asserting the same great principle. That bill was referred to the ComJudiciary. I would like, if it meets with the concurrence of the ComJudiciary and the House, in the remarks I may at some future time make on this bill, to have that also open for discussion here. I would like to ask the chairman of the ComJudiciary, if he is at liberty to state what, if any, has been the decision of that committee on the bill to which I refer House bill No. 88.
Mr. WILSON, of Iowa. I will state that my present recollection in reference to that bill is that the committee authorized its report to the House, and that it is in the hands of the gentlemans colleague, [Mr. Mounts.) who is a member of the committee, to be reported. That is my recollection of the action of the committee.
Mr. RAYMOND. If the gentleman will allow me, I will ask him further, whether it will be in harmony with the rules of the House to have that bill reported so as to come before the House vfor discussion in connection with the pending measure?
Mr. WILSON, of Iowa. That can only be done by unanimous consent; indeed, even then, I do not see how it can be done, as we cannot have 2 bills before the House at the same time.
Mr. RAYMOND. I will send to the Clerks desk:1 copy of that bill it is ii. short one to be read; and I will say, ifI have occasion to make any remarks on this bill, I will then, if in conformity to the rules, move it as a substitute for the one under consideration.
Mr. STEVENS. that cannot be done until the endiii motion is disposed of.
Mr. RAYMOND. It is mainly for the purpose of discussion, and not in the view of pressing it as an amendment. I ask the Clerk to read the bill as I submitted it.
The Clerk read, as follows: Be it ram ted 6 (7w Senate and HoRep of the U.S.A. in Congress assembled, That. all the acts of Congress relating to naturalization be, and the some are hereby amended by striking out. wherever they occur. the words “ being a freewhite person, ” and the words “ free white, " and the words “ a free white person and ” sothatin the matter of naturalization there shall be no distinction as to race or color. 850. 2 Abife: That all persons bornI or hereafter to be born. within the limits and under the jurisdiction of the U.S shall be deemed and considered, and are hereby declared to be. citizens of the U.S and entitled to all rights and privileges as such. $56.3 and be 11furth rr snarled, That. nothing in this notcontained shall heconstruct]to naturalizo or aInudtihaonriztori tbhees naturalization of any membersof the
Mr. SHANKLIN. I ask the honorableGentfrom Iowa to withdraw his motion to recomiiiit so that I may have an opportunityto offer an amendment.
Mr. WILSON, of Iowa. It is not myintention to ask a vote on the motion to recommit. I do not desire the bill to go back to the committee. It is my intention, ifI can, to put the bill on its passage tomorrow. I will hear the gentleman s amendment.
Mr. SHANKLIN. I Will state that when I shall have the opportunity I shall move the following amendment to the bill: Amend by adding the following additional section at the end of the bill. to wit: Sec. ll. Abife: That nothing in this act contained shall be so construed as to confer on any negro.mulatto, or Indian the right to vote at gay electionor to invest them with any other political or social rights not expresslynamedherein.
Mr. WILSON, of Iowa. I do not withdraw it for that purpose, as it is in the bill now.
Mr. ROGERS. I yield to the Gentfrom Kentucky.
Mr. SHANKLIN. Ithen offer itas an amendment now.
The SPEAKER. Amendment isnotin order until the motion to recommit is disposed of.
Mr. SHANK LIN. I understand the gentleman does not propose to insiston that motion. The SPEAhElt. But he has not withdrawn it. When it is disposed of the bill will be open to amendment.
Mr. ROGERS. Does this come out of my time I I will not ask to have my time extended as I on ect to s k within the hour.
The SPEAK Ill. The Chair will not regard this as comin out of the gentlemans time.
Mr. LOA. Mr. Speaker, Idesire to ask the chairman who reported this bill, why the committee limit the provisions of the 2nd section to those who act under the color of law. Why not let them apply to the whole community where the acts are committed?
Mr. WILSON, of Iowa. That grows out of the fact that there is discrimination in reference to civil rights under the local laws of the States. Therefore we provide that the persons who under the color of these local laws should do these things shall be liable to this punishment.
Mr. LOAN. What penalty is imposed upon others than officers who inflict these wrongs on the citizen?
Mr. WILSON, of Iowa. We are not making a general criminal code for the States.
Mr. LOAN. Why not abrogate those laws instead of inflicting penalties upon officers who execute writs under them?
Mr. WILSON, of Iowa. A law without:1. sanction is of very little force.
Mr. LOAN. Then why not put it in the bill directly?
Mr. FARNSWORTH. If the gentleman will allow me. Several times it has conassorted upon this floor that the State of Illinois has on her statute book laws preventing treenegroes from coming into the State.
Mr. ROGERS. There has been such a law, and its constitution still authorizes such a law.
Mr. FARNSWORTH. I want now forever to deny that slander. That old relicof barbar ism has been wiped out.
Mr. ROGERS. Was it not once in existence?
Mr. ROGERS. Thatdoes not alter the parity of reasoning. I merely instanced the State of Illinois as an illustration of my argument, to show that there is no constitutional authority in the Federal Government to enter the domain of a State for the purpose contemplated in this not. Now, sir, it will not be denied, or at least it cannot be successfully denied, that negroes are not citizens of this country, for the simple reason that the common law is not in force under the Constitution of the U.S. The whole of the principles which govern the action of the federalGovernment are contained in the Constitution: and none of the principles of the common law, as laid down by Blue stone or any other author on common law, can have any weight or hearing on the important subject of rights and powers under the Constitution. I know that one of the chief justices of the kings bench declared 100years ago that no negro could set his foot on British soil without. being free by the common law. But our fathers enacted a law for the government of the nation under the power given to it by the States, which is embodied in the Constitution of the U.S., which is the only law and sovereign power which can control and regulate the General legislation upon this or another subject. Now, sir, ifyou pass this bil you will allow the negroes of this country to compete for the high office of POTUS Because if they are citizens at all, they come within the meaning and letter of the Constitution of the U.S., which allows all natural born citizens to become candidates for the Presidency, and to exercise the duties of that office if elected.
Mr. ROGERS. I am afraid of degrading this Government. I am afraid of danger to constitutional liberty. I am alarmed at the stupendous strides which this Congress is trying to initiate and I appeal in behalf of my country, in behalf of those that are to come utter us, of generations yet unborn, as well as those now living. that conservative men on the other side should rally to the standard of severeign and independent States, and blot out this idea which is inculcating itself here, that all the powers of the States must be taken away and the power of the Czar of Russia or of the Emperor of France must be lodged in the Federal Government. Sir, where is the civilized country on the face of the earth that gives to the negro the right to hold the highest office within the gill of the sovereign on Is or another office!
Mr. THAYER. Will the gentleman permit me to ask him a question?
Mr. THAYER. The gentleman says he is a progressive man, and a man in favor of the extension of human liberty. I desire the Gentleman to state whether he voted for the constitutional amendment abolishing slavery.
Mr. ROGERS. No, sir; and I thank God that I never did. I could not lie down on my bed at night with a clear conscience if I had been guilty of being engaged as a participant it, in robbing a portion of the ple of this country of mi lions of dollars invested under the Constitution in property in negroes, property which was recognized by our revolutionary fathers, and for the protection of which they fought as much as for anything else.
Mr. NIBLACK. Why did not the gentleman vote against it?
Mr. ROGERS. I did vote against it the 1st time it was offered, but the 2nd time it came up I was unable to vote against it. If I had been here, I should have voted against it. I had very good reasons for not being here. I am clear in my conscience before God, and I am willing to a pear before Him at the judgment seat on the last day to answer for the truth of the assertion which I make now. If I could have been here, I would have cast my vote most unliesitatingly against it. But slavery is dead now, and I am glad it is gone. kHere the hammer fell.]
Mr. STEVENS. I move that the further consideration of this subject be postponed for the present. I propose, if this motion be adopted, to move that the House resolve itself into the ComWhole on the state of the Union, and resume the consideration of the deficiency bill. The motion was agreed to. BOUNTIES TO SOLDIERS.
Mr. SITGREAVES, by unanimous consent, presented the JtResolutions of the Legislature of the State of NewJersey, relative to bounties to NewJersey soldiers mustered into the service of the U.S. for the suppression of the rebellion; which were referred to the ComMilAffrs, and ordered to be printed. STATISTICS OF MILITARY SERVICE, ETC.
Mr. FAENSWORTI I, by unanimous consent, submitted the following resolution: Resolved, That th oSecyWar be directed to communicate to this House the numberof reiments doufrienagcharm of the service furnished by one State the recent war. designating them by number or name, how distributed during each car of service, in what battles they were engaged, t cir aggregate strength on entering the seflico, the number of re cruits receivedby each during eachyear. the we gate presentat each bottle. where engaged, and the number of killed and wounded at each battle.
The SPEAKER. This beingaeall for executive information, unanimous consent is necessary for its consideration on this day. There was no objection. s
Mr. ROSS. Will not my colleague [ML Fansswoarnl consent to modify this resolution so as to inquire also why the Illinois troops whose time as expired have not been mustered out of service?
Mr. FARNSWORTH. I have no objection to that inquiry, but I think that my colleague had better embrace it in a separate resolution. The resolution was agreed to. EXAMINERS IN THE PATENT OFFICE.
Mr. MYERS, by unanimous consent, introduced a bill regulating appeals to the examiner in cliief in the Patent Office; which was read a 1st and 2nd time, and referred to the ComPatents. iinssotml cosrnsrnn nLneriozv.
The SPEAKER, by unanimous consent, presented papers in the case of Seinpronius H. Boyd, contesting the seat of Hon. Jens 1t. KELSO, a Representative from the State of missouri; which were referred to the ComElections. DEFICIENCY BILL.
Mr. STEVENS. I now move that the rules be suspended, and that the House resolve itself into the ComWliole on the state of the Union, to take up the deficiency appropriation bill The motion was agreed to. The House accordingly resolved itself into the ComWhole on the state of the Union,Mr. wEXTWORTH in the chair) and resumed the consideration of the special order, being House bill No. 86, making additional appropriations, and to supply deficiencies in the appropriations, for sundry civd expenses of the Government for the fisca year ending the jlOth of June, 1866, and for other purposes. The ending question was upon the motion of
Mr. slices, to strike out lines 546 to 562 inclusive, as follows: For buildinir a customhouse at Portland, Maine. in addition to the sum heretofore appropriated by Congress, $75,000: Provided. that tho SecyTreasury may, if he thinks it adiisable. expend a sum not exceeding 823.000in the purchaseof ground adjoining the site of the old customhouse on Fore street, now owned by the U.S. for the purpose of enlargi the same or the Secretary may ox cehliagnibzloe tohneel, oitf nthoewsoawmneede as beforesaid tor a more HIOCHIAI. but no ine ncyshull be paid or agreed to be paid hy the U.S. in consideration of such exchange, and no transfer, assignment, or conveyance of properly by the U.S shall be made upon we 1 exchange. except a couveyance. on its behalf, by the SecyTreasury, of the interest of the U.S. in the lot aforesaid and the building thereon. The amendment was not agreed to.
Mr. STEVENS. I more to amend bystriking out lines 575 to 577 inclusive, as follows: To enablethe JtcomLibrary to iirchase files of newspapers for the Congressional ibrary. $1.500 The amendment was agreed to.
Mr. BENJAMIN. I move to amend, by inserting after line 600 the followmg: Provider], That no part of the sumsappropriated by the provisions of this act shall be expendedin violation of the provisions of the not entitled " An act to prescribe an oath of 01130a0nd for other purposes, " approved July 2, 1862.
Mr. BROOMALL. Mr. Chairman, I desire know whst the Gentfrom MissouriENJAMIN] means by the amendment wthe[IML i he proposes. This is the 2nd time that such a proviso has been offered, without explanation, to an appropriation bill. I rise for the purpose of asking the gentleman what he inten s by it; whether he means to iingly that any Dept of this Government has been paying out the public money in violation of the provisions of the act cited in his proviso? I ask him whether there is not now a law prohibiting moneys being paid out of the Treasury to any person who has not complied with the provisions of that act! Why is he reenacting that law? I ask again, what is the use of the 31187611: law if it requires reenactment on every l If any Dept has been violating that. law, it is quite time the people of the country should know it. lf there is anybody in the country above and beyond the law, it is quite ltime the people should be inforinad. My H object is to get that information.
Mr. BHUOMALL. last word. Mr. Chairman, I ask the Clerk to read the existing law.
The Clerk read, as follows: “Hereafter every person electedor appointed to any officeof honoror profit iiiidrr the Government of the U.S., ciilier in the civil, military, or niiviil depts. of the public sqvwm exccpting the POTUS, Nllilll. boloroentering upon tbe duticsof sziidofficeiinil beforelieing ciititle to any of the salary or other emolumentsthercul. take an"d subscribethe following with or atlirination: do seemnly swear (or affirmi that I have never voluntarily boi ncnnns against the U.S. since I have beenacitizen thereof; that I havevoluntarily givennonid, countenance, counsel. pr encouragement to DENNIS engagedin illmfil hostility thercto: that I have neither sought nor accepted. iior attempted the xercise the functions of any other;whatever undi any authority or pretended authority in hostility to the U.S.: that I have not yielded a voluntarysupport toany pretended governmentuuthority, power, or constitution within the U.S. has tile or iniinical thereto. “And I do further swonrtor athijm)that.tot O best of my knowledgeand ability WHISUDIOH a d de fcnd the Constitution of the U.S. against a!ll enemies.foreign and domestic; that I Will benr true faith and allegianceto the same: that I take this obligation freely, without anymental reservation or purpose of evasion: and that I Will faithfully disohurwothe duties of the office on which I am about to enter. So help meGod. "Which oath, sntaken and signed, shall bepreserved among the files of the court, House of Congress, or Dept to which the said offico mo appertaiii and any person who shall falsely tako the said oath shall be guilty of lperjury, and on corivirtion, in addition to the penu ty now prescribedtor that phase shall bedeprivtd of his otIicc, and renderedbleforever litter of holding any otfin of place[ano1or33 the U.S. "
Mr. BROOMALL. Now, Mr. Chairman. I desire to know whether any language can be stronger thou the lnnguugo of thot 0H!" I more to strike out the Marcy, just been read? If we do noti ntend to enforce that law there is no use in attaching this provision to the appropriation bills. hear it intimated that the law had been violated, and it was for the puruse of knowing whether that was true I made what might appear an objection to the amendment. My purpose is to vote for it, just as I would vote for the prosecution of violations of existing law. an just as I would vote for articles of impeachment for violating that law. if brought here. I tis quite timesome one should take upon himself to enforce acts of Congress, and not suffer them to be violated by any Officer, in whatever position he may be. I withdraw my amendment.
Mr. BROOKS. I renew it. I rise simply to say, Mr. Chairman, if the charges which are made by the honorable Gentfrom missouriand the honorable Gentfrom Pennsylvania are correct, the proper course is not to reenact the law that is a mere farce but to follow out the insinuation or suggestion of the Gentfrom Pennsylvania, and that is to institute an inquiry for referring articles of imeachment against the POTUS
Mr. STEVENS. I rise to o ose the amendment of the Gentfrom NewYork, [Mr. BRooxs.] e know how eas it is for men who are full of business, as they are in the Depts of this Government, to overlook a small law of this kind. I do not suppose that they have willfull violated it. True it is, the SecTreasury tells us that he does not fiu men there sufficiently qualified to act and therefore he takes these men. So, I believe, the PostMGenl, out of 6,00opost offices, can find but 2000 which he considers he can fill under the law. Now, I understand and a great many have understood that law to mean, not only that no rebel should be put in, but we must nd loyal men who sustain the Presidents doctrine of reconstruction; and that being the delusion under which these gentlemen are acting, it is probably right that we should pass this amendment for the purpose of clear y defining what Congress means.
Mr. BROOKS withdrew his amendment. The (inestion being taken on the amendment of Mr. ihNJAillN, it was agreed to.
Mr. STEVENS. I move to amend by transferring the item on page 32, and inserting it after what has already been inserted after line 600, that being the appropriate place for it. It is a mere transfer:. For the purchase of the property in Washington city known nsFords theater.for thodeposit and safe keeping of documentary papers relating to the soldiers of the Army of the U.S and of the mHSIUmof themedical and surgical Dept of the Army. 8100.0)0. The amendment was agreed to.
Mr. WASHBURNE, of Illinois. I move to strike out the following on pages 28 and 29, lines one to 14 inclusive: SEC. Abife:, That the sum of i10.4; l245 be and is hereby. appropriated to iay ladison bweotter upon condition thnttho said A isou ud Sweetzer shall 1st. by a good and sufficient deed. convey to the U.S. all his right. title and interest in and to the followin lands. conveyed by the U.S. to Joseph Richnrtlvillc. sr and Joseph ltichnrdvillc. r. by treat at StMarys, Oc tober 6. 1818.to wit. t to west hal of section number 26, the cast half of section number 20 and section nuiuber 27.of township 5 south. range 4 east.lying in the county of Anglaho and State of Ohio. This seems to be purely a private matter, and has no right to be in an appropriation bill.
Mr. S"EVENS. This was a matter connected with the Government in the granting of land. It granted and received pay for land which it did not own, and, upon a settlement afterward with
Mr. Sweetzer, upon a recommendation from the Dept to ay it, the matter came legitimately before the ComWays&Means last ear and before the ComMilAffrs this year. As it cameti om one of the Depts upon a recommendation, I considered it appropriate in its present place; and, unless there is some objection to the claim itself, of which l know particular class. nothing, not having investigated it. I do not see why the parties should c any longer de a e.,
Mr. WASHBURNE, of Illinois. I think we ought to have affirmative reasons for putting a thing of this kind in this bill.
Mr. SPALDING. I hope my friendfrom Illinois will withdraw that motion. It is right, I have no doubt about it.
Skip Skip The question being taken on striking out the foregoiu section. it was agreed to.
Mr. WASHBURNE, of Illinois. I move to strike out the following section: 520. Amibe “further waded, That the SecyTreasury is herebyauthorized to increasethe clerical force in the office of the Asst Treasurerof Philadelphia and the aggregatesnlariesofsnid clerks shall not exceed the sum of $9.000 which amount is hereby appropriated out of no money in the Treasury not otherwise appropriat. I do it for the reason that it is increasing the salaries of the officers of the Government of a I do not think we should go on to increase salaries generally, much less to do so in special cases. This seems to be an absolute increase of the clerical force in Philadelphia. If that is done, the same reason will apply to Boston, NewYork, Chicago, Cincinnati, and elsewhere. I do not see any reason why we should make this distinction, and I hope this section will be stricken out.
Mr. STEVENS. I hopeit will not. It has been recommended by the Treasury Dept, upon a full examination, as absolutely necessary in order to carry on the Dept. There was one Dept which always had less appropriation for compensation than any similar Dept anywhere else. This is one which requires good men to fill it, and this is inserted upon the recommendation of the Treas u Dept. fin. WAsnsURNE, of Illinois. One word. I think the Gentfrom Pennsylvania must be mistaken. This has nothing to do with the Mint, as I understand, but merely with the As sistant Treasurer, under the sub Treasury law.
Mr. STEVENS. Heis an Officer of the Mint, e2: O 10.
Mr. WASHBURNE, of Illinois. I am not aware of that, and the same principle would napply all around. Unless we are prepared to go ead and increase all these salaries, I do not see why we should increase the salaries of this particular class.
Mr. DARLING. I move proforma to strike out the last word of the clause proposed to be stricken out. 4 1 suggest that if this clause is to be retained, it should provide for the number of clerks to be employed. It is very clear that otherwise one clerk might be appointed, constituting an “ increase of the clerical force, ” who could receive the whole amount appropriated, $9,000, or he might receive a salary of $1,000, and the bal anee of the appropriation might be divided among the eitisting force of this Asst Treasurer. It strikes me that if this section is to be retained and I do not know but what it should be retained it should define the clerical force to be paid by the appropriation. I now withdraw my amendment to the amendment.
Skip Skip The question was taken on Mr.WAsnnUitNi:s amendment; and it was disagreed to ayes 31 noes not counted.
The Clerk read, as follows: Size. Abife: That the proper accounting officersof the Treasury Dept s and they are hereby. authorized to guy A. D. collingsworth. 0. H. Vedder. Edward R. herman.1he O hilus ll. Galdwin. Charles C. Adams. Samuel W. ticker and the other persons emploedbythodeputy provost marshal of the DistCol in the enrolling officeof said marshal. for night work and special service performed in pursuanceof a contract between said clerks and said ruvost marshal. such accountsbeing properly ccrtied upon the rolls or by said deputy provost marshal. on the amount ne ecssary therefor is hereby appropriated out of any money in the Treasury not 0t ermse appropriated.
Mr. STEVENS. I felt unwilling to allow this section to pass without namin the persons who were to be paid under it. Itherefore went to the Treasury Deptand obtained the names not here inserted. 1 now move to strike out the words “and the other persons, " after the words “Samuel W. Tucker, " and insert the following: J. G. Adams A. Bengarol J. A. Odellxv. Barnes, n. A. Cronin. T. N.Adains. i. c. Cleary V. D. Lind sey. A. Jewctt. R. 1“.Cochin B. C. I arliss. J. I. Townsend. C. W. Odell. J. C hlorchcnd. T. P. lies. H. W. Satter. James CrossJfIt. Crud. 1.1B. Rourke, E.A. Lipscomb, George Cottenham. C. A. Perkins, W. B. Cudlipp. T. Balicr. J. M. Conroy. 0. W. JB.ogdon. J. O. Arines. J. Bellows. E. T. lirossius. J. Culvert. F. (i. Calvert, G. D. Curtis. W.B. Dyer. 1).A. Fish. A. H. Gillespie. R. D. Guillion. Charla: Gobnn. ll. llolmcs. G. C. llalliday. R. E. Messcr. B. C. Mcsscr. F. Madden. W. McKee W. 11.E.Overend. S. 1!. Porter. P. W. Pearson J. Bowland. C. V. Rotter den.E. J. 5ehsle. f. swm. F. J. sum. J. iCi. Williams. J. G. Wilson. L. K. Ilrown J. ll. Gunn. A. Dobson J. A. McIntyrev. B. hiunson. J. J. Dickens. W. L. Armcs and B. Parsons. The amendment was agreed to.
Mr. WASHBURNE, of Illinois. I hope the committee will consent to go back and strike out the lines which on yesterday 1 proposed to have stricken out. but some gentleman on the other side objected. I understand that objectionis now withdrawn. I therefore ask um, " 1.,;! unanimous consent of the committee to move to strike out the following: For payment of claims due for the constructing furnishing and the Baltimore courthouse, 109,000. For payment of claims due for the repair of government warehousesand consthetion of wharves, Staten Island, NewYork, 829,000.
Mr. WASHBURNE of llillois. Will the Gentfrom NewYork [Mr. Horcunlss] state why he objects to having those clauses stricken out?
Mr. HOTCHKISS. I understand that it is a meritorious claim.
Mr. WASHBURNE, of Illinois. Well, I do not understand any such thing.
Mr. HART. I move to amend this bill by inserting what I send to the Clerks desk to be rea. The Clerk proceeded to read, as follows: Abife: That to meetthe balance due for expenses incurred for the 14thstreet sewer.acrossOhio avenue.acrossPenns lvunia avo nue and in front of the reservationout esouthside of the avenue.in front of Frankllnsqu re, and across Vermont and Massachusettsavenues. 1, For E street north, (pavln carriage we in front of reservation south si e of street nort, between 13th and 14thstreetswest. 553 feet, $2, 037. For eventh street sewer. in front of Patent and Post Oficcs also in front of Govemrnentreservatinn, and across Pennsylvania avenueand Louisiana have nue, $12, 712. I For Four and a hnlf street. paving Four and a half street to canal and Missouriavenue, also side foot walks, 400 feet, 64.910.
Mr. WASHBURNE, of Illinois. That is far enough. I understand this whole thing. It is the same amendment that was ruled out of order the other day as not being in accordance with any existing law.
Mr. HART. I claim that this is strictly in accordance with existing law.
The CHAIRMAN. The Gentfrom NewYork [Mr. HART] will send up the law under which he claims that this amendment is in order.
Mr. STEVENS. Then it is not the old claim we had here the other day?
Mr. HART. This work was all done after the passage of the law of 1864. I ask the Clerk to read the 3rd section of an not approved May 5, 1864. Ihe Clerk read, as follows:.I “ SEC.3. Abife: That in all cases in which the streets, avenues, orallcys of thesaideity assthrough or by apy of the property of the U.S. the ComrPubBldg shall to the duly authorired ofieer of the corporation the just proportion of the expenseincurred in improving such avenue street, or alleywhich the said property bearsto the wholecostthereof.to beascertained in the slime manner as the samcls apportionedanion the individual proprietors of the property improv thereby.”
Mr. HART. Now, Mr. Chairman, Ink for the reading of a communication from the ComrPubBldg, which I send to the Clerks desk.
The Clerk read, as follows: Orrici i Coxuissioruiu or Pnnuo Bninnlxos. CAPITOLor run UnilnoSnrss. Wssnine ros Cl", January 22.1866. Sin: In compliance with your request, I have the honor to report that I have gone, with great care, ionngt!otnheaigtacminst of the haucit made by the mayorof Wash States in his Letter addressed to the SecyInterior in November Washington edone this with diagrams of the city of and the mayorsvouchersbeforeme. I find that every improvement specifiedas fronting on a public spaceor reservationis so situated, the distIance s are correctwherestated, and wherenotstated have measured them and mven them to the commonittee. With the prices cliared which, in my opin are very reasonable, in sad: in many instances exceedingly low. I havemadeadetailedreporton this subject which hIave the honor to incloso. am, with high respect.your obedient servant, B. B. FRE C, Gmumanonerof Public Buildings. Hon. E. C. Iuonnsonn. (Mair manof the Coimriaeqfor the DistCol HoRep, U.S.
Mr. WASHBURNE, of Illinois. I would like toask the Gentfrom NewYork [Mr. Han r] what is the aggregate amount proposed to be appropriated by his amendment. 1
Mr. WASHBURNE, of Illinois. I do not see, Mr. Chairman, that this proposition ispresented in such a shape as to bring it within the scope of the act which has been read. I insist upon my offit of order.
Mr. FARNSWORTH. This proposition has once already been ruled out of order.
Mr. SPALDING. I would inquire of the Gentfrom NewYork whether this is not the same matter that was offered in ComWhole some days ago.
Mr. HART. It is the same matter, but it did not then seem to be understood by the House.
The CHAIRMAN. The Chair decides that this amendment having orra previous day been decided out oforder, and no appeal having been taken from that decision, the present occupant of the chair has no right to overrule the decision previously made.
Mr. HART. I do not understand that any such decision was made.
The CHAIRMAN. The Chair has been in formed by the Clerk that this was decided out of order.
Mr. HART. This isa just debt, and it ought to be aid.,
Mr. STEVENS. I will state, if the Chair will allow me, what I understood to have been the previous action of the committee on this subject. There were a large number of items of this kind, running back to 1855. The 1st item, referring back to 1855, was offered, and a question of order was raised upon it. There being no law for 1864, the Chairman ruled that that item, so far as it went, was out of order. It is true that this item was a part of the same series, but it was never offered.
Mr. HART. The Gentfrom Pennsylvania [Mr. Stevens] as stated the case correctl, as I understand it. The amendment which I now present is designed to pay a claim for work done since the passage of the act which has been read. As I understand the matter, the chairman of the ComDistCol the other day had mingled with some claims restin on legal authority others in reference to which i there may be aquestion whether they are covered by the law. desire to separate these 2 classes of claims and present only those for which we have clear legal authority.
The CHAIRMAN. The Chair has been in formed by the Clerk, on reexamination of the matter, that this amendment is not the same that was ruled out of order the other day. This amendment proposes to pay for work done since the passage of the law of 1864. Therefore it is in order.
Mr. WASHBURNE, of Illinois. Then I should like the Gentfrom NewYork to present to the committee some evidence that will warrant an appropriation of 30 or 40,000 dollarsfor the payment of a claim of this kind.
Mr. HART. I have already presented the letter of the ComrPubBldg.
Mr. WASHBURNE, of Illinois. The letter of the ComrPubBldg is not, I think, sufficient evidence to justify this committee in voting an appropriation of money for a purpose of this kind. We ought to have the bi ls, and they ought to be thoroughly examined by the ComDistCol. The Gentfrom NewYork [Mr. HART] is, I believe, a member of that committee.
Mr. WASHBURNE, of Illinois. Then let that committee examine this subject carefully, and if they believe these claims are just. let them report a bill to meet them, and let them present to the House the facts of the case, so that we may pass upon the question intelligibly. I protest a instt e introuction of appropriH atlons for these claims in a bill of this kilid, with no properevidence before the House as to their correctness. The amendment was not agreed to; there being, on n division ayes 38, noes 55.
The Clerk read, as follows: For the Indian service in Utah, being for money advanced by Brigham Young, while Governdrand en O Rem superintendent of Indinn affuirs.found dncnnd a lowed y the SecyInterior. 838.48753.
The CHAIRMAN. The gentlemans 5 minutes have expired.
Mr. GltlNNELL. I move that the gentleman be allowed to finish his a eech.
Mr. WASHBURNE, of ll ine is. The de bate has been closed by the House, and the gentlemans time cannot be extended by the committee.
Mr. STEVENS. I rise to oppose the amendment. I know how easy it is to raise a clamor against an unfortunate and unpopular people; and Iknow, if we had the decency of states men, how we ought to cast aside all these prejudices and do justice.
Mr. WINDOM. 1 say this is a great fraud and swindle.
Mr. STEVENS. I say it is notagreat fraud Ind swindle, but justice.
Mr. THAYER. I 0521 the following amendment, to come in afterline 17. page 34: Hereafter no portrait or likeness of anyliving perlon shall beengravedorplaceduponanyof the bonds securities, notes or postal currency of the U.S. The practice which has grown up of late of lacin upon the notes and securities of the U.S. likenesses of living individuals is one which I think is condemned by the public sentiment of the country and by everyprinciple of good taste and propriety. We have had a great variety of likenesses upon these notes, considerin the short time in which the practice has O mined some of very good looking men, some of very ugly looking men, some of very great men, and some of very lit tle men. If there is any necessity for resorting to this new description of ornamentation of our c rrency, let us at upon the securities, notes, a deurrencyofth of men who are associated with the historic glories of the country. It is, in my judgment, a very unbecoming thing that such like nesses as some I could referto are to be found on the notes and fractional currency of this country. I hold in my hand a 5 cent note of this fractional currency of the U.S. If you ask me, whose image and superscription is this? Iam obliged to answer, not that of George Washington, which used to adorn it, but the likeness of the person who superintends the printing of these notes. I have nothing to say against that gentleman, and no reflection to cast upon him. It may not be his fault that it is there. I do not know by whose direction it was placed there, but I would like any man to tell me why his fa hould be on the money of the U.S. “
Mr. ROSS. I would ask the gentleman, if he is not aware that this is a progressive age, and that the party that holds the reins of power is a progresswe party.
Mr. THAYER. Yes, sir; and imsorry the that gentleman is not more of a progressive man, but insists upon clinging to the carcass of the dead ast a r it has become offensive in the nostris of the people. SI, when we shall have {Laughterj a iving Caesar to make both the laws and the money of this country, it will be time enough to place his eliigy upon the coins and notes of the U.S. There is no reason why this practice Should be persisted in. It is derogatory to the e U.S. the likenessefidignity an the self nespect of the nation; and I trust the House will so ort me in the cry which I raise of “ Off with liheir heads!”
Mr. STEVENS. I will accept the amendment; and move to amend it by execpting the likeness of the POTUS The gentleman is mistaken. i believe, in supposing that the face of Mr. Clarke is engraved on the live cent notes, unless he knows him better than I do. I see in this House a very worthy member whose face is exactly like that.
Mr. THAYER. Whatever difference may exist between my colleague and myself in regard to the ownership of the likeness referred to, I think he will spec with me that the real proprietor. whoever he may be. might maintain an action at law for a libel against the engraver, and be sure of a verdict in his favor upon putting the note in evidence.
Mr. STEVENS. If the gentleman will accept my amendment I will accept his.
Mr. ROSS. Inasmuch as this is to apply only to living persons, I presume it will not exclude any of the members of the ComReconstruction. Their likenesses and memories may still be preserved. [Laughter.]
Skip Skip The question being taken on the amendment of Mr. THAYER, it was agreed to.
Mr. WINDO M. I move to amend byinserting at the end of the bill the following proviso: Provided, That no moneyshall be paid under the provisionsofthis bill toreimburseBrigham Young for moneyadvancedwhilegovernor and exoflicio superintendent of Indian affairs of the Territory of Utah, until the same shall be thoroughly investigated by the SecyInterior, or ysomeof the Shhding committees of Congress. 7 I desire to makeafew suggestionsin reference to this amendment.
Mr. STEVENS. I do not see any objection to it.
Mr. WINDOM. I have the floor. I was surprised a moment ago to find certain gentlemen who have hitherto been so anxious to save money to this Government. so very desirous of passing this appropiiation for Briham Young, and especially t in Gentfrom Illinois, [Mr. Wssususxn] who is willing to deny an honest claim, no matter what, if he can save money to the Government. but who is anxious to force through this claim of nearly 40,000 dollars, to reimburse Briham Young for Massacreing 120 of our fellow citizens as l have.heretofore stated. These are briefly the facts in this case, and l have evidence here before me to show it; not from the testimony of Judge Cradlebaugli. who, the gentleman says, is unworthy of belief, but from the testimony of otheers of the Army who have gone there and investigated the matter. Some 20 days from the time these mur ders occurred at Mountain Meadows, some 30,000 dollars of this amount was paid over by Brigham Young on the certificates of John D. Lee, who, it was proven by these Army officers, was the man who was the leader in that atrocious murder at Mountain Meadows. But gentlemen take advantage of the rules of the House and will not allow this evidence to be heard, and attempt to force this claim through, and then, perhaps, when the next amendment comes up, probably for the benefit of some honest claimant. some man in one of the rebellious States, whose property was taken from him and used by the Government, we shall be told that his claim must not be allowed because the Government cannot afford to pay it! Sir, I am astonished at such a course being pursued in this House. I am astonished that members should take advantage of the rules of the House for the purpose of pressing through appropriations paying for murders, and to such a man as Brigham Young has proved himself to be! Sir, I have other evidence here which I should like to introduce, but I presume the House does not want to hear it.
Mr. STEVENS. Mr. Chairman, I was about to say that I have no particulur objection to this amendment, but I am glad my friendfrom Minnesota has had the opportunit to deliver such an eloquent philippic. [Laughter] I know what is the feeling in regard to them, i people out in that valley. Ever since Joseph Smith was murdered and an erring people were driven out of their property in Illinois and comclled to inhabit a country which is almost uninhabitable, in oraer that they might get rid of Christian persccu on, this some spiritbas boiled up against them whenever their name was men tinned. Sir, it is aspirit unworthy of a Christian ago. While I have nothing to say in favor of the great principle of Brigham Young I am too old for that, [laughter] yet I am sorry to see this spirit manifested in regard to every thing which concerns these people. I am sorry that, after 2 successive Secretaries of the Interior and a commission specially appointed to examine into the matter have reported that this sum is due. this old cry about the Indian massacre and this stale charge of murder which has never been proved, should be brought up here. Sir, it has nothing to do with this question now before the committee. I am almost ashamed to see a matter of that kind brought up here on the mere question of paying a li ul dated claini, one that has been long setttied and entered on the books of the Dept, and which the claimant is as much entitled to as you are to our days pay.
Mr. WINDOM. I do not wish to wca the House with this discussion; and I think can get throingh all I have to say in afew moments. n regai to the Gentfrom Illinois [Mr. wssanunss] and in self having chaned places in regard to claims Twill not underta e to Say. But do know that he never favors any claim unless it oriiuates in the nei hborhood of Galena. As this Delegatefrom tab oncelived in Galena, and I so pose has had the ear of the Gentfrom Il ine is, that circumstance, perhaps, accounts for his favoring this claim, the only one that he has favored during this Congress. li
Mr. WASHBURNE, of Illinois. such considerations as the Gentfrom Minnesota has stated may perhaps influence him. but he has no right to assume that they have the same influence on me.
Mr. wASHBURNE, of Illinois. draw my amendment.
Mr. RICE, of Maine. I move to amend the amendment by striking out that part of it which proposes to require an investigation by the SecyInterior, so as to leave tematter in the hands of Congress. This whole matter is now being investivated by the ComTerritor of this House and they will report during the present session.
Mr. FARNSWORTH. It seems to me, Mr. Chairman, thatif the ComIndAffrs have, as I understand they have, investigated this subject sufficiently to come to the conclusion that this money should be paid, the House ought to show some regard to the proceedings of that committee.
Mr. WINDOM. I accept the amendment of the Gentfrom Maine [Mr. Rios] as a modification of my amendment. The amendment, as modified, was agreed to.
Mr. LYNCH. I move to insert the following at the end of the bill: For certain alterations of the postofficeportion of the building in Portland. Maine. usedlor post otheo. customhouse and courthouse, $3.000. I ask the Clerk to read the letters I send up.
Mr. LYNCH. I wish simply to say in reference to this matter, that it has been recommended by the PostMGenl. The buildingin which the customhouse is also locatedis under the charge of the SecyTreasury; and when the matter was referred to hint, he sent the supervising architect of the Government to examine and report, and he did report that these alterations were necessary for the convenience of the postoffice. I will state further that the alterations are for additional box room for those doing business at the office; and that the Government will be reimbursed before 3 years for this outlay.
Mr. SIALDING. Are not these all in one building?
Mr. LYNCH. I move to strike out the last word, for the purpose of replying to the gentleman. The postoffice is in the same building with the customhouse, the former bein on the 1st floor, and the latter on the secon.
Mr. SPALDING. Have we not already made an appropriation for that building?
Mr. liYgCif: That is for a new custom bouse, and not for this building. A portion of this building now occupied as a custom housu is to be used as a U.S. court room. this is for the enlargement of the postofficeportion of the building for the accommodation of the rsons doing business there. It is to give aditional box room, to be paid for by those doing business at the office. ho PostMGenl is satisfied the Government will be reimbursed in less than 3 years by means of this additional box room. There will be no loss to the Government, as the othee is self sustaining. 1it is indorsed by both the PostMGenl and the SecyTreasury. I withdraw the amendment to the amendment.
Mr. BERGEN. Mr. Chairman, it seems they have a building there now used for post offico and customhouse purposes, yet we have in this bill an appropriation of $75,000 to put up a new building; and the gentleman is not satisfied with that, but asks for 85,000 more.
Mr. LYNCH. This has nothing to do with the appropriation for the customhouse.
Mr. HERGEN. 75,000 dollars have been appropriated for that.
Mr. LYNCH. For another building and another purpose.
Mr. BERGEN. They are not satisfied with the customhouse building they have, but they want a new one. I think they ought to he sat isfied with what they have. Much of the Government business here in Washington is transacted in hired houses. It is found cheaperto hire buildings than to put them up. We have not a single government buildingin Brooklyn, the 3rd city in the Union in pulation; we have not a single public bui ding they are all hired by the Government. Portland. small compared with Brooklyn, with not 1/2 the population, has one building, and we appropriate $75,000 for another, and yet the gentleman is not satisfied. He asks for more. If we have money to our adlet us exend it where we have no pub ie buildings. at the price of materials is so high that on find that private individuals prefer to hire than to build. The committee divided; and there were ayes50, noes 40. So the amendment was agreed to
Mr. WSlllihRhE, of Illinois. I more to add the following: Anil promdrdfiirIn r. That no part of the money hereby appropriated tnrcliiiiiis due for the construction and tiiiis iini:of the Baltimore courthouse and for paymentotcliiiins due for reiairs of Government warehouses and construction of wharves on Staten Island, New 1Olk, shall he paid for damages and no paymentswhatevershall be madeoxce t in full examination by the proper Dept of the Goverp montanil certifiestool the AttyGen thatsaid amountsto he paid are legal and proper.
Mr. WASHBURNE, of Illinois. I move to amend by adding another proviso, as follows: Prooirled fiu lher. That no part of the moneyhereb appropriated for gasin the city of Washington shal be paid at a larger siiiii per 100 cubic feet than was paid trior to the passage of the act to amend the charter of the Washington Gus Light Company approved January 30.1565.
Mr. STEVENS. I am afraid my friend has run mad with provisos. The last. Congress the company showed that they were losing money, and Congress altered the rate, fixing a certain amount to be paid by the citizens and a less amount to be paid by the Government, but fixed the amount. Under the law then passed the company has gone on and supplied us with the gas, and this amount which we have appropriated is not for future use but for what as already been supplied. Now, sir, are we going to repudiate a contract which we entered into with this company to take their gas at that price “I They would not be bound to furnish it if we had not made the contract at a price fixed for the Government which is different from the price at which they furnish it to individuals. To repudiate this would be nearly as bad as the reudiation of the claim of Briham Young, foriI00k upon that as a shamefuii repudiation, and hope when it comes into the House it will not becopeurred in. Though this company is not perhaps in quite so bad odor as Brigham Young, yet the contract is just as binding, and is money is as justly due. we cut down an appropriation the other day for lighting from $85,000 to $50,000. That amount is all expended but about 1,000 dollars, and when that is gone we shall have the pleasure of being in darkness, for there will not be a dollar to pay for as.
Mr. WASHBURNE, ofIllinois. I move to amend the proviso by inserting the word “ here after, ” so as to make it apply to the future. That will meet the objection of the Gentfrom Pennsylvania, which may have something in it. I do this for the purpose of reducing the price of gas which the government will have to pay for in the future.
Mr. STEVENS. I raise the question of order that what the gentleman now proposes is inillependent legislation upon an appropriation n.
Mr. WASHBURNE, of Illinois. That is no point of order with my friend; it would do very well for me to raise it in regard to him.
Mr. WASHBURNE, of Illinois. adhomi mm is not quite as profitable as the price of gas.
The CHAIRMAN. NO legislation is in order that proposes independentlegislation.
Mr. WASHBURNE of Illinois. Iwant to stand by that rule of the House, and am glad to see my colleague in the chair [Mr. Was r woarn] sound on that subject. But if the objection raised by the lGentfrom Pennsylvania is sound, then ask the House to adopt the amendment as it now stands. The com. puny came in here at the last Congress and got a large It increase in the price of gas in this e5“ is legislation that ought not to be sanctioned, and new that.we have an opportunity of repealing it I trust we shall do so. The amount we pay to this companyis very reat. Gentlemen WI l recollect that in this hi I, a few days a 0, there was an appropriation of $85,000 for light, ing, which the House reduced to $50,000. I hope the House will putan endto this extrava nce and adopt the amendment.
The CHAIRMAN. The Chair rules the amendment out of order.
Mr. DAVIS. The Gentfrom Illinois [ML WASHIUBNB] seems to have some particular spite, if I may use the expression, against the as coman.
The CHAIRMAN. The amendment is ruled out, and there is nothing pending.
Mr. SPALDING. I move that the committee rise. The motion was agreed to. So the committee rose; and the Speakerhaving resumed the chair, Mr. Winn wonrn reported that the ComWhole had adunder consideration the state of the Union generally, and particularly House bill No. 86, making additional appropriations, and to supply deficiencies in illicappropriations, for sun dry civil expenses of the Government for the fiscal year ending the 30th of J mm, 1866, and for other purposes, and had made sundry amendments thereto.
Mr. STEVENS. I move the previous question on the bill and the pending amendments.
Skip Skip The previous question was 2nded, and the main question ordered. The amendments reported from the ComWhole on the state of the Union, were, by unanimous consent, voted on and agreed to enmasse. The bill was then orderengross and read a 3rd time and being engrossed, it was accordingly read the 3rdtime, and passed. Mr. STEVENS mtRtv the bill was passed; upon the table. Agreed to.
The Clerk read The House resumed the consideration of the bill of the Senate No. 61, “ toprotect allpersons in the U.S. in their civil rights and furnish the means of their vindication, upon which the Gentfrom Pennsylvania [.Mr. THAYER] was entitled to the floor.
Mr. NIBLACK. I ask the Gentfrom Pennsylvania to yield to me that I may ask the unanimous consent of the House to introduce aJtResolution for reference on I.
Mr. THAYER. As I do not dvesireto address the House this evening, Iwill yield to any gentleman who desires to ask unanimous consent of the House. EIG [IT HOUR SYSTEM.
Mr. NIBLACK, by unanimous consent, introduced aJtResolution declaring eighthours labor a days work in all cases where aborers, mechanics, or artisans may be employed by or in behalf of the Government; which was read a 1st and 2nd time, referred to the ComJudiciary, and ordered to be printed.
Skip Skip LEAVE of ABSENCE. Mr. SMITH. I ask leave of absence for my colleague, General Rousssav, until Monday next No objection was made, and the leave of absence was granted. Mr. ELDRIDGE. I ask leave of absence until Monday next for Mr. HOGAN, of missollll. No objection was made, and the leave of absence wasgranted. Mr. ANCONA. I ask leave of absence for one week from today. There was no objection, and the leave of absence was granted. RAILROAD GRANT TO CALIFORNIA. On motion of
Mr. McRUER, by unanimous consent, bill of the Senate No. 133, grantiii lands to aid in the construction of a railroad and telegraph line from the waters of the bay of SanFranciseo to Humboldt bay, in the State of California, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPubLands, with the understanding that it should not be brought back by a motion to reconsider. LAND GRANT IO wISCONSIN. On motion of
Mr. SAWYER, by unanimous consent, bill of the Senate to the State of Wisconsin a donation of public lands to aid in the construction of a rank No. 85, gran ting.v water and harbor and ship canal at the head of Sturgeon bay, in the county of Doar, in said State, to connect theivaters of Green bay with Lake Michigan, in said State, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPubLands, with the understanding that it should not be brought back by a motion to reconsider. FRANCIS A. GIUBONS and P. X. KELLEY.
Mr. HOTCHKISS. I ask the iiiiuniine nl consent of the House to introduce a JtResolution for the purpose of putting it upon its passage, referring the paiers in the case of grancis A. Gibbons an. X. Kelley to the Court of Claims. Iwill state that the parties desire to with draw their claim from before the ComClaims, for the reason that they have found the evidence which was wanting in their case, and it is much better that it should be investigated by the Court of Claims than by the committee of Claims.
Mr. WASHBURNE, of Illinois. I object and then, on motion of Mr. SMITH, (at 5 oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, March 2, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip LEAVE OF ABSENCE. Mr. CHANDLER. In behalf of my colleague, [Mr. Howsrm] I ask that he be granted leave of absence for 2 weeks on account of the death of his wife. The President protemp. The Senfrom Michigan moves that his colleague be allowed leave of absence for 2 weeks in consequence of domestic afthetion. Leave was granted. PERSONAL EXPLANATION.
Mr. SHERMAN. I beg leave to say that I think the people meant to disapprove of the probable vote of both these gentlemen. Probably that was the purpose of the hisses. The people meant to indicate that they were both wrong on the constitutional amendment.
Mr. DOOLITTLE. If my friend desires to go into that subject, I can tell him that the up lause was very much more than the hisses.
Mr. SHERMAN. They are both in the same boat on that subject, [Laughter]
Mr. ANTHONY, from the ComClaims, to whom was referred the memorial of Robert W. Dunbar, praying to be reimbursed for damages sustained in consequence of a revocation of his appointment as agent to take charge of public property at Port Orford, in Oregon, ased to be discharged from its further consideration, the case coming within the Jurisdiction of the Court of Claims; and the report was agreed to.
Mr. WILSON, from the ComMilAffrs , to whom Was referred the memorial of Miss Clara Barton. praying for aid to carry out a plan, originated by her, for obtaining information of soldiers and communicating the same to their relatives, submitted a report, accompanied by a JtResolution (S. It. No. 36) providing for expenses incurred in searching for missing soldiers of the Army of the U.S., and for the further prose cution of the same. The JtResolution was read, and passed to a 2nd reading, and the report was ordered to be printed.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of A. J. Gray, praying for a pension, reported abill (S.No.180) for the relief of A. J. Gray; which was read, and passed to a 2nd reading. BILL INTRODUCED.
Mr. HARRIS asked, and by unanimous consent obtained. leave to introduce a bill (S.No.179) in relation to the districtcourts of the U.S. in the State of California; which was read twice by its title, referred to the ComJudiciary, and ordered to be printed. NATIONAL CONSTITUTIONAL CONVENTION.
Mr. LANE, of Kansas. I offer the following resolution: Reno/nod.That the ComJudiciary be instructedto inquire nsto the expediencyof Conrress recommendinga general conventionof the people of the U.S. to consider amendments to the Constitution: to report by resolution or otherwnic. I more that the resolution be printed, and I shall call it up hereafter. The motion to print was agreed to. SOUTHERN PACIFIC RAILROAD.
Mr. BROWN. I move that we now resume the consideration of Senate bill No. 20. The motion was agreed to; and the Senate, u in ComWhole, resumed the consideration of the bill (S.No.20) grantin lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast, by the southern route, the ending question being on the amendment of Mr. Baown to insert in the 2nd section after the word “Indians, ” in line 17, the words “and only by their consent.”
Mr. BROWN. I modify the amendment so as to say “ and only by their voluntary cessiou.” That is the language oft lie treaties, and I prefer to use the same language.
The President protempore. The Son ator has the right to modify his own amendment.
Mr. LANE, of Kansas. Let the clause be read as it will stand if thus amended. The SECRETARY. If the clause be amended as proposed, it will read as follows: The U.S shall extinguish as rapidly as may be consistentWith public policy and the weljnro of the said Indians, and only by their voluntary cession, the Indian title to all lands falling under the operation of this not.
Mr. LANE, of Kansas. I ask the Senator if that includes the right of way. Thlt
Mr. BROWN. Yes, sir; it includes everying. the amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendments were concurred in. p The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. On motion of
Mr. BROWN, its title was amended by striking out the words “by the southern route.” SOLDIERS, and SAILORS ORPHANS HOME.
Mr. WILSON. I am directed by the ComMilAffr and the Militia, to whom was referred the JtResolution of the HoRep J. It. No. 76) authorizing the Secretary of or to transfer to the National Home for Soldiers and Sailors Orphans, of Washington city, certain stores not needed for the use of the Government, to report it back without amendment; and I ask that the resolution b. but on its passage now. I presume there will be no objection. By unanimous consent, the JtResolution was considered as in ComWhole. It proposes to authorize the SecyWar to dehver to the lady directors of the National Home for Soldiers and Sailors Orphans, of Washington city, for the use and aid of that society in its benevolent objects, such blankets, bedding and otherfurniture and articles as may be proper for their purposes, and as are now on and in the stores of the Surgeon Generals Dept, and no longer needed for Government account; the Secretary to determine, at his discretion, the specific amount and character of the stores thus to be appropriated, and of which due account shall be taken.
Skip Skip The JtResolution was rerted to theSenate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPues sos, its Clerk, announced that the Speaker of the HoRep had signed an enrolled bill (. R. No. 321) to amend an not entitled “An act to prevent the s read of foreigmdiseases among the cattle of the U.S., ” approved December 18, 1865; and it was thereupon signed by The President protempers.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep by Mr. LLOYD, its ChiefClerk, announced that the HoRep had passed the following bills; in which it requested the concurrence of the Senate: g A bill (H. It. No. 86) making additionaln propriations, and to supply deficiencies in the appropriations for sundry civil excrises of the Government for the fiscal year ending the 30th of June, 1866, and for other purposes; A bill (H.R.No. 347) for the relief of R. L. B. Clarke; and A bill (H.R.No. 345) {pr the relief of Christina Elder. REPRESENTATION OF SOUTHERN STATES.
Mr. GRIMES. I move that the Senate now proceed to the special order of the day. The motion was agreed to; and the Senate resumed the consideration of the following resolution of the HoRep: Resolved by the HoRep(, the Senate concu rring.) Thatin or, or to closeagitation upon a question which seemslikely to disturb the action of t ic Government.as well as to quiet the uncertainty which is agitating the minds of the people of the 11 States which Havebeen declared to be in insurrection. no Senatoror Re rrsentativeshall be admittedinto either branch of ongressfromanyof said Statesuntil Congress shall have declared such State entitled to such representation. The pendiu question being on the amend m“ ent. of Mr. gIlizuniiicus to insert the words the inhabitants of" after “ 11 States.”
Mr. CONNESS. Will the Senator permit me?.
Mr. CONNESS. I saw the Senator was not reading, otherwise I would not propose to obstruct him.
Mr. COWAN. Now, Mr. President, I say the country is beginning to inquire who introduced this cause of dissension; who started this wedge which is to drive and drive until it separates the great Republican party? I say it is perfectly plain that the man who starte the new measure, the man who persists in it, the man who ostracizes and denounces everybody who differs with him about it. I think, Mr. President, that is. so plain that he who runs may read. Certainly there can be no doubt about that. Then, in conclusion, I have only to say that if we refuse these moderate counsels, if we refuse to abandon these nova res, these new things, the only remedy will be to take the consequences, and they seldom linger long behind the act.
Mr. WILSON. Mr. President, the Senfrom Pennsylvania closed his speech by telling us that these are exciting, anxious times; that the people of the country are asking questions which must be answered Mr. COWAN. If the Senator is going to make a speech now, I give him notice that I shall consider the arrangement which was made last night as at an end. There are other Gentlemen who want the rest of the time allotted for the consideration of this subject; and if after they are through there is any time left, the Senator may occupy it.
Mr. WILSON. I intended to reply to a few remarks of the Senfrom Pennsylvania, but I am told that I am ruled out, that it is not proper for me to say anything.
Mr. CONNESS. How ruled out? By what rule?
Mr. COWAN. We do not undertake to rule you out, but you insisted yesterday on fixin 6 oclock as the time for taking the vote, and the time is allotted for particular members to speak.
Mr. WILSON. The Senator says that the arrangement which was made is to be broken if I occupy any part of the time, and therefore I must not resume to do so.
Mr. DAVIS. I the Senfrom with his remarks.
Mr. WILSON. The Senfrom Pennsylvania informs me that the arrangement which has been made will, if I occupy any of the time, be broken.
Mr. COWAN. I only say it in behalf of the gentlemen who are still to speak, as I understand.
Mr. WILSON. I will not say anything here resume there is time for assachusetts to go through that will break the rule. terday
Mr. GRIMES. I will state to Senators that at my instance today there was half an hour extra time given for the gentlemen who proposed to debate this question, by callin up the subject at half past 12 instead of one oclock. If the Senfrom Massachusetts will only take that half hour it will not interfere with the arrangement.
Mr. COWAN. I have no objection to let the Senfrom Massachusetts have an hour. What I suggested to him was that an arrangement had been made, and that if he spoke in violation of it we must be excused for replying to him afterwards. We admit the right of the chairman of the committee to reply, but not of other people is without giving us an equal right.
Mr. WILSON. Mr. President, I choose now to say just this: the day before yesterday the Senfrom Nevada took the floor, and in stead of closing his speech that night went over until the next day. Then the Senfrom Maryland [Mr. JOHNSON] made a very long and very elaborate and very able speech; and he has been followed today by the Senfrom Pennsylvania, who has spoken for 2 hours; and then when another Senator rises, he notifies that Senator that if he speaks the arrangement that was made in the Senate yesterday to take the vote on this resolution L at 4 or 5 oclock today would be viola ted. The Senator has spoken; and I do not know that he had a right to speak for an body else; but as the remark has been made, I0not choose now to occupy the time of the Senate and peril this question; and therefore I shall yield the floor.
Mr. DAVIS. When this arrangement was made it was contemplated that the honorable Senfrom Delaware [Mr. Saunsnrm] and myself should both speak. That honorable Senator has declined to speak on this question. There is plenty of time for the Senfrom Massachusetts, or any other Senator who chooses to do so, to address the Senate upon the subject; and I am entirel willing to yield the floor to him or to any other Senator on the other side of the Chamber who wishes to speak; indeed I prefer to do so. I therefore make the over ture that if any of the Senators on that side wish to speak on the subject
Mr. WILSON. Will the Senfrom Kentucky, who desires to speak, go on according to the arrangement? If there is any time at the end of the day I may take occasion to notice a few remarks that have been made.
Mr. SAULSBURY. When that arrangement was entered into yesterday, I proposed to occupy for a short time the attention of the Senate today in discussing this resolution; but supposing this morning that there would not be time for 2 Senators to speak upon it within the time named, I notified my friendfrom Kentucky that I would speak early next week on the amendment to the Constitution, upon which I can make my remarks as well as upon the question now before the Senate. I therefore, in order that there may be perfect harmony, and that gentlemen upon the other sidemay have an opportunity to discuss this question, will defer any remarks that I have to make until Monday or Tuesday next when the amendment to the Constitution will be before the Senate.
Mr. DAVIS. I am not only willing but de sirous that the Senfrom Massachusetts or any other Senator who wishes to address the Senate on the subject matter of this resolution should now do so, and that he should take his own time. I have no idea that it will interfere with the amount of time which lavish to appropriate in any remarks that I design to make on the proposition before the Senate. 1 therefore shall be gratified if that Senator or any other Senator who chooses to make a speech shall do so now.
Mr. WILSON. The day before yes If the Senator will allow me that the Senators who are opposed to this measurewill have the time allotted to them by the arrangement made yesterday, and then, if when to interrupt him, I hope he will now go on, and they have concluded there is any of the time specified left, I may use a portion ofit; if not I will let it ass.
Mr. CONNESS. May I interrupt the Sonator?
Mr. DAVIS. No, sir. When I get through I will answer every question the honorable Senator may propouiid. There is no plainer principle of constitutional law than that the President has the right to ascertain and decide what body of men is the Senate and what the HoRep when there are 2 bodies of men claimingto be each. He is to communicate with the 2 Houses of Congress. Before he can communicate he must ascertain what men constitute the Senate and what men constitute the House. It is his right to do so, and the people of America will sustain him in the noble and manly and patriotic performance of his duty in determining the identity of the true House. It ought to have been done at the beginning of this session. When a tty clerk took upon himself to read the list of the Representatives of the people of the U.S., and to keep the Representatives of 11 States out of their seats, the Constitution guarantying to them those seats for the benefit of their constituents and country, that subordinate never ought to have been tolerated for one da in the perpetration of so great an outrage. whencver AndrewJohnson chooses to exercise his high function, his constitutional right of saying to the southern Senators, “ Get together with the Democrats and the Conser vatives of the Senate, and if you constitute a majority I will recognize you as the Senate of the U.S., ” what then will become of you gentlemen? You will quietly come in and form a part of that Senate.
Mr. DOOLITTLE. Mr. President, if there be one thing more certain than another in the Constitution of the U.S. it is that each House of Congress is the judge of the elections, returns, and qualifications of its members. Each House is independent of the other; each House is independent of the Supreme Court; and each House is independent of the Executive.
Mr. CONNESS. There is a difference in your party then.
the pItESIDING OFFICER, (M1.POMEROY in the chair.) Does the Senfrom Wisconsin yield the floor to the Senfrom California!
The PRESIDING OFFICER. The Senfrom Wisconsin will proceed.
Mr. DOOLITTLE. It was substantially that.
Mr. FESSENDEN. No, sir; it was not substantially.that.
Mr. DOOLITTLE. The gentleman went on to say, “ Are we to be mere children? Are we to surrender our judgment, and have no judgment on this question 7”
Mr. FESSLNDEN. I was speaking of the Presidents speech.
Mr. DOOLITTLE. The gentleman refers I to the Presidents speech, in which the President himself says that each House is to judge, and to judge for itself. That is just the mint, and I propose to bring the SenfromIaine to the point on this question. I will so pose a case. I will take the State of Maine. suppose that a war of invasion may have operation upon a State or upon the people of aState as wel as acivilWar or a war of insurrection. Now, let me sn ose a case. I grant it is hardly a supposabli: case, because our friends in Maine have demonstrated their valor on every battle field during this war. But suppose we were to get into a war with Great ritain. Maine has 5 congressional districts. Suppose GreatBritain should capture one; could that district elect a member to the other House? I should like to see how they could do it. If the people of a district were captured 1) a foreign enemy, how could they hold an election? It is nonsense to talk about it. Could the other 4 districts elect 4 members to the other House? Who doubts it for an instant? Suppose England should capture 2, 3 ay, our districts of the State of Maine, could not the other district elect a member to the House?.
Mr. DOOLITTLE. “ Certainly, ” my friend says, and I say certainly. Very well. If England should capture one district she would not capture so many of your people as that you could not elect a Legislature. If she captured 2 districts you could still elect a Legislature; for there are about 150 members in the lower House of the Legislature of Maine, and about 30 in each congressional district. If she should capture 2 districts, she would capture the people who elect 60 members of the lower House. Suppose she should capture 4 of your districts, then she would capture the people of Maine who elect 120 of the members of the lower House, and your one remainin district which could electa member to the HoRep, could not elect a Legislature, on you could not elect a Senator. “I by? because you would not have a Legislature and you could not elect one. So you could have a the presentative in the House when you could not have a Senator. Suppose you reverse the Order. Suppose that we should recapture 2 of those districts you could not then electu majority of your Legislature. But suppose we should recapture 3 out of the 5, then you e6uld elect a majority ofyour legislature, and you could go on and elect your Senntors. The 2 districts remaining in the hands of England could not send anybody to the HoRep while the other 3 could. The business of electing members to the House, and of electing Senators, is entirely distinct from each other. Mr. SHERMAN. I should like to put a question to my friend in the very case stated by him, and I think it is a fair one. Shall congress or the President determine the question when the British supremacy ceases so as to enable the State to elect Senators?
Mr. DOOLITTLE. I will give an answer to that question. It is just what I am coming to. I undertake to say that Convress is to judge, but each House for itself. The HoRep is to judge when the district is in a condition to elect a Representative and the Senate has not a word to say about it.
Mr. BROWN. Will the gentleman permit me to ask him a question?
Mr. BROWN. If I am correct, I believe the position which the Senfrom Wisconsintakes now is different from the position which he has taken heretofore.
Mr. DOOLITTLE. The Senator refers to a certain resolution that he introduced some years ago that did not as both Houses.
Mr. BROWN. I reer to a resolution which ex)ressly declared
Mr. DOOLlTTLE. I supposed that the Senator rose merely to ask me a question, and not to enter into a long argument in relation to that question. I understand that there was a resolution passed through the Senate as a substitute
Mr. BROWN., Taking exactly the reverse of the ground the Senator now takes, and for which he voted.
Mr. DOOLITTLE. The Senator says that I voted for the resolution which excluded these States when in a state of insurrection from electing anybod, and so I did.
Mr. BROWIT and which said that they should not elect Representatives until theywere authorized to do so by not of Congress.
Mr. DOOLITTLE. Very well. That may have been contained in that resolution, but that do not change the principle, nor does it change the force of the orment.
Mr. CLARK. d it does not change the vote.
Mr. DOOLITTLE. It does not change the vote in relation to it. That might have been a thin well to be done at that time. But I have been rawn off somewhat by this interrution from the argument I had in my mind, and will return to it. Now, I undertake to say that this is the true position in relation to this question: the senatejudges when a State is in a condition to elect a Legislature; the House judges when a district is in a condition to elect a member of Congress.
Mr. SHERMAN. If I do not interrupt the Senator, I should like to ask him another question.
Mr. DOOLITTLE. I have no objection to an interruption, if it is precisely to the point I am arguing; but I do not wish to be drawa off on another point.
Mr. SHERMAN. Certainly not, and the guestion I propose to put is upon that verypoint. uppose that in the case put by the Senator the House was considering whether the 3rd district of the State of Maine was in such a condition, so freed from English supremacy, as to elect a member; and suppose that the Senate at the same time was considering whether the whole State was in a condition toeleetSenators, would there be any impropriety in the 2 Houses carrying on their investigation jointly, with a view to enlighten each other by their examinations and investigations? Would there be anything wrong in each House, each being the exclusive judge of the separate subject, as stated by the Senator, to postpone action until the joint examination and joint investigation should bring the 2 Houses to a common, concurrent view?
Mr. DOOLITTLE. My friendfrom Ohio is now putting a very dilIerent question from the one that is before us.
Mr. FESSENDEN. That is the very question. Mr. DOOLITTLE. No, it is not. This resolution speaks of the right of the House. The Senfrom Ohio speaks of the proriety of joint action. I am not discussing t t now. If, for instance, aresolution were introduced declaring that Tennessee was entitled to her representation, and you should ask me to vote for it in the Senate, I would vote for iti although it were a JtResolution, though would not think it at all necessary for me to vote for it in order to pass upon the question as to the right of Senators from that State to seats in this body. But what yen propose is to declare that we shall.not do it until the, House shall act. Suppose the 2 Housesdisagree; suppose the Senate believe that tennessee is in a condition to entitle her to Representation in this body, and suppose the House believe that she is not, and decide otherwise, what are you going to do about it? If we believe that the State of Tennessee is in a condition to elect a Legislature which can elect Senators properly to this body, if a majority of this body believe they are so entitled, and the House say otherwise, shall we refuse to act upon our belief in reference to the admission, of our owa members into this body? That is the question.
Mr. DOOLITTLE. Then I agree with you. If you talk about this thing as a mere matter of courtesy, as a mere matter of propriety that youwish to consult the opinion of the other House about, that is another question: but when you talk to me on the question of right, that this body is to surrender its power to judge over the right of membershipin this body and the condition of States to elect members to this body,I will repudiate it just as I repudiate the proposition of the Senfrom Kentucky, that the POTUS is to judgn for us when members shall take theirscatshere. When you speak of it as a matter of night, I reudiate it as such. o. DAVIS. Will the gentleman pennitmo to ask him a question?
Mr. DOOLITTLE. I do not liketogive way, because there maybe other gentlemen who de sire to speak on this subject and I believe it is understood that we are to take the vote at 6 oclock.
Mr. DAVIS. It will take but a moment. Supose that the Senate was to divide into 2 boxes, each body claiming to be the properSenate, would it not devolve upon the POTUS to recognize which was the Senate?
Mr. DOOLITTLE. It is not a supposable case that the Senate may propose to go into revolution.
Mr. DAVIS. such cases have happened in State Legislatures.
Mr. DOOLITTLE. Thatis the effect of thement.
Mr. FESSENDEN. Nothing of that sort has been said by anyone that I know of.
Mr. DOOLITTLE. Gentlemen rely on this act and on the declaration that the State of Tennessee was in insurrection as a reason why, until some new act of Congress is passed, Tennessee cannot send Senators to this body and Representatives to the other House. My friend suggests that this is a man of straw. I do not think myself that it amounts to much. Does my friendfrom Maine admit that thereis no lawou the statute book which cuts offTennessee from political representation in congress?
Mr. DOOLITTLE. The Senator says he is not aware ofany. I take his admission. Then how does the law stand? In1798 a law was sed which admitted her into the Union, eclaring that she was entitled to one Representative, and every ten years from that tune down to 1862 a new law has been passed de claring how many Representatives enuessee was entitled to in the HoRep; and therefore, upon the lawns it stands, by the law of the U.S., Tennessee is this daylegally entitled to that number of Representatives. The simple question is, whether the several districts are in a condition to elect those Representatives? The HoRep is to judge of that fact. One district may have been overrun by a pestilence, so that they could not hold an electiou, it may have been invaded by a foreign enemy so that the people could not hold an election; it may have been broken up in civilWar or insurrection, and in such a condition that the people could not elect; but the HoRep are to judge of those questions as to each district for itself. How is it in relation to electingaLegislature? The Senateistojudge of that. Senators say that the Senate can only judge of the elections, qualifications, and returns of its members.