Mr. CONNESS. It is not intended, I wish to say, for any individual on earth. There is not bin in it or about it that participates of a job. I would despise the appropriation of money with such a view; but if Senators will remember for a single moment the importance to citizens in all the States of the Union who are investing in mines of collecting such sta tistical information as I' have suggested, and laying it before the whole people in a financial report in an authoritative shape, I think they will concede that it is time to begin and also concede its value. I hope the amendment will be adopted.
Mr. MCDOUGALL. I desire to say one word. The importance of a complete knowl edge of our resources in the precious metals should be understood by every Senator on the floor. It is a singular fact that France, GreatBritain, Austria, and Russia, through their agents sent into our country, are now.better possessed of our resources in mineral wealth than is the Government of the U.S.; they have bestowed pains to understand the value of the respective resources of the various portions of the world, and particularly in the precious metals. There is no work of authority to which we can now go to ascertain anything in detail as to what we may rely upon in regard to the development of the mining region and its capability offurther development. This lies within the general range as promoting the general prosperity and enabling the government to know what it can rely upon. The amount of the appropriation is trifling. It can be no job. It cannot more than pay the common, ordinary expenses of such an enterprise. If a person fond of science and fondof these inquiries and desirous of pursuing them can be employed at $15,000 to make these investigations and report to the Government, the government will be a great gainer, and not only the Government, but the people generally through out the U.S. trust the amendment will be adopted.
Mr. WADE. The special committee who were directed to equalize the payment of the employees of the Senate and HoRep have directed me to offer as an amendment the bill they reported on that subject.
Mr. SHERMAN. I desire to make a suggestion to my colleague which perhaps will be agreeable to him. The proposition to increase the pay of the employees of the HoRep has been put into what is called the deficiency bill, where this whole subject will come up. 'Ihat bill is now before the ComFinance, and I suggest whether he had not better let this measure come up on that bill. The extra pay to employes of the House is already put upon that bill y the HoRep. It will lead to considerable discussion. I make the suggestion to save time, because the whole subject will all come up then.
Mr. WADE. I do not know when that will come u.
Mr. SHERMAN. It must come up. The question is on that bill now.
Mr. WADE. I have no choice which bill it is to be in; but I am directed to offer it to one of these bills. Perhaps that is the most appropriate for it as the House regulation is in that Bill. I withdraw the amendment for the present, and will offer it on the other bill.
Mr. SHERMAN. I will ask the Senfrom Kansas if this amendment is reported from a committee.
Mr. POMEROY. I stated in the beginning that I was authorized by the ComDistCol to re ose this amendment. I will only addor do not want to take up time that this institution has been well conducted and has been very well supported during the war from voluntary contri utions, but it is one of those cases that does not come exact] within the law authorizing the Freedmen’s urcau to make any expenditure. The persons for whom it makes provision are not refugees, they are not freedmen; they are children picked up by the wayside who are either or hans or worse than orphans. They are gathered into this institution and supported at the expense of charitable individuals. Our contributions during the war for sanitary and other purposes were so great and our appropriationslhy Congress so large, that the trustees thought they would, if they could, get along without askingany aid from Congress; but they have now asked, as the amendment shows, an appropriation of only 1/2 of the current expenses this year, leaving the other half to be collected from charitable individuals. The 2 extremes of human life are in this institution, the very a ed who are unable to care for themselves, an the very young who have no one to care for them. Very aged females occupy their time in taking care of the little ones. They are very useful in that regard, but they cannot earn a livelihood from their labor. I spent last Sabbath at the institution, and was deeply interested in the progress the little ones had made, and I think it strongly commends itself for a small appropriation of $5,000.
Mr. NYE. I am authorized by the ComNavAffrs to report the following amendment: Abife: That thereshall be paid to Donohuc, fiyan 8: Secor, builders of the iron clad monitor Camanohe, in accordanceWith the estimate and allowances, the spmat $179,09830upon the loss of the Comanche, and the SecyTreasury is directedto pay the some.
Mr. SHERMAN. I raise the point of order that that is a private claim. It cannot be at tached to an appropriation bill. It is not claimed to be in pursuance of law, but a mere private indemnity.
Mr. NYE. I think the Senator will see by looking at the law authorizing the construction of these iron clads
Mr. SHERMAN. I believe these points of order are settled without debate on the face of the amendment.
The PRESIDING OFFICER, Mr. CLARK in the chair.) They are settled without debate unless by unanimous consent.
Mr. SHERMAN. There can be no doubt it is a rivnte claim.
Mr. YE. I think there is very great doubt of it.
The PRESIDING OFFICER. The Chair is ofopinion that it must be regarded as a private claim.
Mr. NYE. Then, with great respect to the opinion of the Chair, I propose to take the sense of the Senate upon that question.
Mr. SHERMAN. Very we i; let us have the vote.
The PRESIDING OFFICER. The Senfrom Nevada appeals from the decision of the Chair.
Mr. NYE. I suppose the Senfrom Ohio objects to this amendment under the thirtieth rule, which reads: " No amendmentproposing.additional approprlations shall be receivedto any generalappropriation bill, unless it bemadeto carry out the provisionsof some existingl law, or some act or resolution preViously asse by the Senateduring that session or moved y direction of a standing or selecteommittee of the Senate or in pursuanceof an estimate from the headof someof the Depts: and no amendmentshall bereceivedwliosoobject is to provide for a private claim. unless it be to carry opt the Earphone of an extsting law or I treaty stipula In February, 1862, a law was passed by Congress authorizing the SecyNavy “to cause to be constructed, by contract or otherwise, as he shall deem best for the public service, not exceeding 20 iron clad steam gun boats for the use of the Navy of the U.S.” I suppose that the law authorizing the Secretary otPthe Navy to construct these iron clads carried with it the power to contract, stiperintend, and build them; and it authorized him and made it obligatory upon him to pay for them. The Senfrom Ohio will remember this case, I trust. Some weeks ago I had the honor to report a bill paying all these naval coustructers 12%. on the contract price for damages sustained. This claim is a claim that the Committees of both Houses on Naval Affairs and all parties concerned raised no possible objection to the justice of, but all admitted that it ought to be paid. The distinguished chairman of the Naval Committee, of which I have the honor to be an humble member, with all his scrutiny, said here upon the floor repeatedly of the Camauche, that there was no question but that this amount was honestly due, and ought to be paid to those who built her.
Mr. SHERMAN. I submit the question as a matter of convenience, whether it is in order to debate the merits of a proposition on the more question as to whether it is a private t claim. I can stay here as well as other Sena ltors; we have to pass this bill tonight if we sustainedby the parties named in the construction mean to adjourn on Saturday; and I ask the Chair whether it is in order to discuss the mer its of the claim, whether it is a just claim or not, on the question whether it is a private claim. That i the only point now before the Senate.
Mr SHERMAN. I suppose that in calling for the enforcement of the rules of the Senate I simply do my duty. Not to do it would be to create “confusion worse confounded." Here the rule of the Senate plainly denies to anyone, even to a committee, to propose a private bill as an amendment to an appropriation bill, for the simple reason that while you are considering general appropriations for future expenditures you cannot stop to consider all the private claims that may have arisen in the past. The rule is founded upon the necessity of the case, upon common sense, and upon parliamentary law. The Chair has decided that this is a private claim. The Sea ator scarcely disputes that proosition; but he asks the Senate to overrule tedecision, not that he disates that the measure is a private claim, but because the claim is a just one. It is to avoid the discussion of that very question at this period of time on the a proiriation bills that this rule is made; an we have no right, when the question is left to the Senate, to decide it by saying this is a just claim. The purpose of the rule is to exclude all private claims, whether just or unjust, simply because, while a general appropriation bill is pending, it is wrong as a matter of parliamentary principle to encumberthat bill with private claims, whether just or unjust. That this is a private claim no man can question; and that is the only question submitted to us for our judicial opinion. It is money due to an individual for past services, whetherjust or unjust is not the question.
Mr. SHERMAN. It is money due to a private individual, past due. That is enough to make it a private claim. That is the only definition of a private claim. Au appropriation is for future exuditures.
Mr. HOW. Will the Senator allow me to inquire I inquire fdr inforiuation. if this be money due to these individuals, is not this amendment offered with a view of carrying out the revisions of an existing law? h
Mr. SHERMAN. I say the question whether it is due or not cannot possibly arise, because if it is a private claim, even if the money is due it cannot be inserted here. The law to which the Senator refers provided that certain vessels should be built, and provided for the manner of building them. Every dollar the U.S. agreed to pay for those vessels has been aid, and the whole basis of the claim is that it is equitably due. It does not arise under an existing law; the only claim is that the vessel was built under a law. Every private claim that is presented in any shape or form to us arises under some existing law, because it all rows out of the service of the Government. early all the private claims that are on your Calendar grow directly or indirectly out of existing laws. If the Senate will overrule the plain provisions of the thirtieth rule in order to put this private claim upon this bill, as a matter of course there is an end of all checks, and I shall not deem it my duty to interpose any further check.
The PRESIDING OFFICER. The question is, Shall the decision of the Chair stand as the judment of the Senate? I
Mr. HENDRICKS. It is very disagreeable of course to differ with the Chair on a question ot this sort, and Iknow the Chair will not beat all displeased or feel hurt if the Senate shall over rule his decision. Here is money that ought to be aid. Nobody questions it. Everybody said this claim was rightwhen the bill was 11. There was an appropriation to build certain ships; this ship was built, and there is not enough of money appropriated to pay it. It is built according to lbw and there is no appropriation to pay what everybody admits to be due. This is the claim that the Senfrom NewHampshire now occupying the chair [Mr. CLARK] said was right when it was up. Every body said so.
Mr. EDMUNDS. Will the Senfrom Indiana allow me to inquire whether this amount which is to be paid to these gentlemen is a sum due to them by contract, or a sum which ought to be paid to them in excess of what was agreed to be paid?
Mr. HENDRICKS. It is a sum due to them by contract, not the written contract, but it rows outof the fact that the Government took from them after they had finished the machinery the'important partof that machinery and thereby they were delayed in their work, and now it is a Ira/mun meru it instead of the stipulated price. The conduct of the Government was such as to raise thatelass of contract. I hope this claim will be allowed. It is a question of life or death. The vessel was swamped once and was a dreadful loss upon these parties, and now the question is whether we shall delay this thing and swamp in a financial way the parties who have rendered such good serviceto the Government. I hope it will be allowed.
Mr. EDMUNDS. IfI understand the nestion now, it is whether the decision of the Chair shall stand as the judgment of the senate, and it appears to me that that is purely an intellectual question. It has nothing to do with the admitted or claimedjusticc of these gentlemeu’s claim; but it is a question which we are bound to decide upon the law and the rule irrespective of'what we desire shall be the result of it. It would not do for us, I take it, if we were sitting, as the Senfrom NewYork [llMr. Haunts] used to sit, as judges here on an appeal from some lower court, to have our wishes enter into the question of deciding What the law really is. Now, the Senfrom Indiana tells us that this is not a sum of money which is to be paid in pursuance ofacontract made under the law authorizing the construction of these vessels, but that on account of some interference with that contract by the power of the Government a just claim in equity arose in favor of these gentlemen. I do not know that; but I do not doubt it, because the Senator says it is so. But the question recurs, not whether or not we ought to pay these people, but whether we can conscientiously ccide that our decision, sir, is an error, merely because it happens to suitour wishes at this moment to accomplish a particular result. That is the question; and that being the question, it appears to me that we cannot hesitate to sustain the decision that the Chair has made; and if this claim he a just one, as it is represented, a bill to pay these gentlemen can be introduced and be passed in an hour by itself, if it be really true as is stated and I have no reason to doubt it that this is that species 'of claim.
Mr. CONNESS. This question assumesa very disagreeable attitude to Senators. I have understood the practice of the Senate usually to be when a question of this kind arises for the Chair to an mit the question to the Senate and let the Senate decide whether the proposition presented is a private claim or not, and I hope, in that view of the case, that the Senator wi I withdraw his apeal from the decision of the Chair, and that the chair will submit the question to the Senate in the ordinary way.
Mr. POMEROY. I was going to suggest that we may take the question in another way.
Mr. NYla. I will withdraw the a peal. All I desired was to have the sense of the Senate.
The PRESIDING OFFICER. The Chair certainly has no desire to decide the point of order; but when a point is made it is the duty of the Chair to decide it, and he cannot have any question about; but the Chair will submit the question to the Senate if Senators have any delicacy about it. The question is, Shall this amendment be received under the rule “I
Mr. STEWART. I simply wish to remark that if there is any embarrassment in regard to the question of order, there can be no embar rassmentwith regard to the propriety of assing the measure. Before, when it came be ore the Senate, it was accompanied by a large number of other measures as to which we were not in formed; but the chairman of the Naval committee and every Senator who spoke concurred in the fact that this was a just claim and ought to be paid. Now, inasmuc as we are relieved from a great deal of embarrassment that may come at another time in a combination and omnibus bill to pay a number of claims, having an honest claim before us that we all concur in, it seems to me it should be received now with a good deal of favor by the Senate. It is the portion of the iron clad bill which every one agreed ought to be passed; and that being the case, it is a hardship on them to postpone it to another session.
Mr. FESSENDEN. The same remark would apply to 100other cases of hardship. If there ever was a private claim in the world, this is one. It was submitted to the Senate originally as a private claim, on a petition, referred to a committee as a claim and a private claim merely. To be sure there were a good many others of the same kind; but its character cannot be possibly changed by that circumstance in any possible way. If the senate, merely because it is in favor of a particular claim, is to hold that it is not aprivate claim, there will be no ettin along at all with our appropriation bi Is. "he Senate on the construction of a rule so clear in this case will only stultify itself by deciding that this is not a private claim. There is nothing else about it. It is in favor of a private party for a claim which has gone before a committee and been considered as a private claim.
Mr. HOWARD. I have no doubt there is a private claim; but it is not eyery private claim that is excluded from consideration by the thirtieth rule. The exception made to that rule inred to private claims is in thesewords: “unless it be to carry out the provisions of an existing law ora treaty stipulation.” I think the question here is whether this case does not lull within the exception. What is this claim? It is a claim, as I understand it, presented by the contractors for compensation on account of the losses which they assert they have sustained in executing a contract with the Government, and by the action of the government which has tended to prevent them from performing the contract as they were required to do by its letter.
Mr. SHERMAN. In the nature of unliquidated dama es, I suppose.
Mr. HOWAR No, em The claim arises under a contract which was entered into to carry out, in the language of the rule, “an existing law.”
Mr. EDMUNDS. But the Government violated the contract by taking away the property. Then their conduct was contrary to law' instead of under the law.
Mr. HOWARD. If these claimants have an equitable claim against the Governrnent arising out of and under a contract which was entered into to carry out an existing statute, it seems to me that it is a private claim arisin out of the provisions of an existing statute. cannot confine the language of the rule to claims which are stricty legal claims, where there has been a quid proquo, a legal, formal consideration; but it embraces by its very terms all claims, whether legal or equitable, and I understand that these claimants found their claim upon the equities of their case, and in that point of view I certainly can make no distinction between an equitable claim and a legal claim, both arising under a contract to carry out the provisions of an existing statute. It is allegedpthat the failure of the contract ors to perform their contract arose from the intervention of the Government itself, which prevented them from performing itin the mode and within the time required by their contract. If that be the case, then surely there must be an e uity on the part of the claimants, arising out of their contract and out of the action of the Government itself. It seems to me, therefore, it will be giving this rule a very narrow and insufficient construction to confine it to cases which are stri ed of every character of equity but resting so e y upon a point of law. I cannot giVe it that narrow construction.
Mr. FESSENDEN. The construction that, my honorable friend gives would be a very excellent one. Thisis a private claim, he admits, but under his construction it comes under the exception to the rule, being to carry out an existing law; and how does heproceed to do it? Why, there is no law for it; it is a mere eqni table matter, for which the parties are obliged to come to Congress because there is no law, and therefore it arises under an existing lawl That is his logic, stated in plain terms. This, he says, is a private claim. Nobody doubts that. Why is it not paid? Because there is no law for it. It is nothing but an equitable claim a on the Government.
Mr. OWARD. Will the Senator allow me to inquire whether, in his opinion, the rule contqmp ates that there shall be a law to pay the claim?
Mr. FESSENDEN. I will state the construction that has always been put upon it. It is that there must be a law admitting the thing itself, but where there has been no appropriation to meet the provisions of that aw, an amendment is allowable.
Mr. TRUMBULL. For instance, where there is an officer provided for without an appropriation for his salar.
Mr. HOWARD. That is not a fair construction of the rule.
Mr. FESSENDEN. Where the law provides that the thing shall be done, but there has been no appropriation to do it, that is something arising out of an existing law. But here is a claim which has not a law to found itself upon, but is simply equitable in the strict est sense of the wor, if anything. It surely cannot be received. The Senfrom Michigan admits that there is no law.to pay it, and yet he says it arises under an extsting law. He will see at once that that cannot be.
Mr. HOWARD. The interpretation of the Senfrom Maine seeks to interpolate into the language of the rule that which it does not contain, because he insists in the 1st place that the claim shall be a private claim; and, 2nd ly, that there shall be a law requiring its payment. The language of the rule IS that the character of the claim shall be to carry out the prof'isions of an existing law; that is, a statute that is in force.
Mr. FESSENDEN. Will the Senator refer me to the existing law which this amendment is to carry out?
Mr. HOWARD. The law which authorized and required the construction of these vessels, the law now in force so far as this contract is concerned.
Mr. FESSENDEN. The contract was made; and as this does not come under any law authorizing payment. it is necessary to pass a new appropriation, and therefore it is within the BXlStillg law.
Mr. HOWARD. That is the Senator's reductio ad absurdmn; it does not arise from the ruleor from my argument.
Mr. EDMUNDS. The case is simply this: here was a law which provided for the construction of vessels; the U.S. contracted with these parties to contract one of those vessels in a particular way and deliver it in a particular place: and when they were lbont to do that the authorities of the U.S. stepped in because they were the strong est, and took certain parts of that vessel and made use of them in another way. These gentlemen were not carrying out the provisions of an existing law when they yielde to the force of the Government any more than the men whose property was taken by quartermasters were carrrying out the provisions of a law to carry on the war because they gave up their property to the Army not a particle. All that I rose.to say was that the day before ycsberday the ComCommerce under took to get an amendment put on this identical bill which was precisely parallel to this, and the Chair ruled With the acquiescence and assent of the Senate, and with our acquiescence because we thought it to be correct, that it was not in order; and that case was this: an existing law required the construction of a lighthouse at Cape Canaveral, in Florida: the Light s House Board or the SecyTreasnry, whichever is the proper authority, entered into a contract with It. I. Parrott to build it; he went on in the execution of that contract until the warbroke out, when the Dept stopped it, so that he was unable to get the pay which he should have had under the contract. They recommended the claim to our consideration; it was perfectly just, and the ComCommerce offered it as an amendment to this bill; but the Chair ruled only the day before yesterday, with the acquiescence of the Senate, that that was a private claim, and not to be entertained asan amendinentto this bill. Now, the Senate ought to be consistent with itself, however strong its wish may be to relieve these men.
Mr. HENDERSON. I desire to ask the Senator who presented this amendment, which will involve an appropriation of$180,000, ifthe committee who examined it did not find that a part of the damages resulting to these individ equalsarose from the sinking of this vessel. Am I mistaken or not? I ask, did not apart of the damages which this amendment is intended to cover arise from the sinking of the vessel in the harbor of SanFrancisco?
Mr. HENDRICKS. If the Senator propounds his question to me, I will state what the fact was. The vessel was about completed and readyto be taken round to SanFrancisco, it being intended for service upon that coast. The Government had occasion to use the machinery in a vessel then at Port Royal or at Charleston, and took out of this vessel a very important portion of the machinery, thus increasing the cost of replacing it, because of the enhanced prices in the mean time, and delaying the shiping of the vessel until the stormy season. "hen at the time the vessel went to the Pacific coast it encountered an extraordina storm, being in the season when storms are 1i ely to occur, and was sunk, and there was great cost in raising her. A portion of the cost was in raising and restoring the vessel after it it to the Pacific coast. A portion of it was ecanae of the enhanced prices in the mean time.
Mr. HENDRICKS. Not upon this partic‘ ular claim.
Mr. CONNESS. This was specially excepted from that rule. All of this claim is to be paid, and 12%. of the others.
Mr. HENDERSON. Was not this claimin the original bill?
Mr. HENDRICKS. Yes, sir; but this claim was provided for in the original bill, by the consent of everybody, at its face.
Mr. HENDERSON. At any rate, I ask if the Senate is goin to violate its rules? If we want to pay this claim, let us take it up on a separate bill and pass it; but it is certainly a private claim because it is founded on unliqui dated damages. 1f this is not aprivate claim, there is nothing of that character.
Mr. BUCKALEW. I rise to make a suggestion to the Senate. I hope that by common consent it may be understood that a bill for this particular clause of the large omnibus bill which has been passed by the Senate for the relief of the iron clad contractors will be at. once introduced and passed through the senate and sent to the other House. I recollect very well that when that question was up before, gentlemen upon the committee who examined the subject, and who were very Crit ical in their objections to most of the claims comprised in that bill, conceded that this ought to he paid, and upon the face of that bill it was made an exception, or, at all events, it was provided for in a peculiar form. Iain satisfied that the examination then given to the subject, both in committee and in the Senate, was suflicient. to warrant us in assuming it as a just and a good claim. But, sir, it will not answer for us to put it on this bill. This precedent, ifes tablished, can be quoted during the remainder of the session, and I presume that if you are to apply the precedent to other cases which will be introduced you will have to extend the session. There are an innumerable number of claims floating through the 2 Houses of Congress, and the wisdom of the existing rule cannot be questioned by any member, whether he be recent in service or has prolonged experience. As this is a case of unusual merit, my suggestion would be that in order to prevent any possible violation of the rule or any question about the rule, the maintenance of which is indispensable to the purity of our legislation, and in fact to our having our legislation transacted in proper time toward the end of the session, the present amendment be withdrawn that we provide for the case in a separate I.
Mr. NYE. I withdraw the amendment with that understanding.
Mr. TRUMBULL. I offer this amendment as an additional section: Abife: That the sum of $2,000is why appropriatedto enable the ComrPubBldg to causethe chamber of the supplicnie Court to bepainted, and to make such need I repairs therein as the Chief Justice may deem necessary.
Mr. FESSENDEN. There is a provision in re rd to the Supreme Court room on the deficiency bill. which I shall report today.
Mr. FESSENDEN. Iot precisely the same, but with reference to the same room.
Mr. TRUMBULL. I withdraw my amendment if it is provided for elsewhere.
Mr. FESSENDEN. I do not say it is provided for, but there is a provision there on the subject, and this would come in appropriately on that bill.
Mr. STEWART. I offer this amendment, to come in on page ‘24, after line 564 of section one: vaFdoar, compensation of the surveyor Generalof No QM. For compensation of clerks in his office.35000 For office rent, messenger, furniturc, books, fuel, gtsawnory, and incidental expensesof the office,
Mr. FESSENDEN. Does this come from the Land Office?
Mr. STEWART. Yes, sir. Iam directed by the ComPubLands to offer this amendment, based on the recommendation of the ComrGLO.
Mr. STEWART. I offer another amendment, to come in on page 25, after line 584 of section one: For compensation of the surveyorgeneralof Mon tlnFao.r83c.o0moop.ensation of the clerks in his office.$5.000. For office rent. messenger.furniture, books, fuol, stationery, and incidental expensesof the offico, Very well; I withdraw I will state that these amounts are the estimates of the ComrGLO, and I was instructed by the comPubLands to offer the amendment. A bill creating the other: of surveyor general for Montana has passed both Houses, but has not yet been signed by the President. It is now pending before the President. Of course the appropriation will not be used on less the bill is si med.
Mr. STEWART. It is the estimated amount.
Mr. STEWART. This is for starting the office. There is $1,000 extra put in for tixin up the office. In other respects it is the usua estimate.
Mr. CRESWELL. I am instructed by the ComAg to offer this amend‘ment as an additional section: Abife: That to enablethe commissioner of Agriculture to purchasefor the use of the Dept of Agriculture, from Townsend Glover, Esq., hiscollection of inscuts, birds modelsof fruits, &c., asper his schedulethereof of hiny 15. 1866, the sumof $10,000is hereby appropriated out of an moneysin the Treasury not otherwise appropriate.
Mr. FESSENDEN. I hope that will not b. but on this bill. It
Mr. FESSENDEN. I think we can hardly, at this period of the session, pass an appropriation to'iueet the convenience of every gentleman who has devoted his time and his talents and his tastes to a particular pursuit. This is one of them, and I do not know what occasion we have to appropriate $10,000 for this purpose. It strikes me as very singular thatt ere is no proposition of any kind or description that the good nature of some Senator may not be prevailed upon to offer to the Senate, and in that way we spend ugood deal of time. I really hope the Senate will not adoptthis amendment. He has devotedall the active 'ears
Mr. CRESWELL. I claim a good deal of credit for being amiable, but I am sure that in offering‘this amendment the Senator will not find an instance of that. I offer it not for the convenience of Mr. Glover or any other scien tific man, but I offer it with a view to the interests of the agriculture of the country.
Mr. SHERMAN. I was a member of the committee that authorized the amendment to be moved, and while I am not anxious that the Senate shall agree to it, and while from my relation to the bill I am rather inclined to keep it off this bill, I feel bound to state some facts that have come to my knowledge. Mr. Glover is a man who has devoted his life to the collection of specimens of fruit, birds, plants, and all the various branches of the different sciences connected with these subjects. He is a very learned men. He took the highest prize at the recent exhibition at Paris, the gold medal, which is now in the possession of the Government, because he being an employee of the Government could not hold it himself. He has a collection of specimens of fruit, birds, plants, d;c., very beautifully and wonderfully arranged. He has spent a whole lifetime at it. For instance he takes the curculiain its various stages, shows how it is destroyed, what its effect is, and then he represents the fruit and shows how it is affected i: it.
Mr. GRIMES. I desire to inquire of the chairman of the ComAg if this Mr. Townsend Glover has discovered any way by which the ravages of the curculia can be remedied.
Mr. FESS‘ENDEN. Ifhe has. let him take the prize which has been a standing offer for years, of 5,000, by the English agricultural societies.
Mr. SHERMAN. I hope Senators will not go off at a tangent, because although Mr. Glover has not discovered everythin he has discov ered a great many things, so his collection is of great interest and immense value. An appropriation was made some years ago to buy this identical collection. I think about 8 years ago.
Mr. SHERMAN. 10,000 dollars was then appropriated for the purchase of this collection which he had collected as a private citizen. He was then, however, in the employment of the Government, and was ordered by Mr. Mason, the ComrPatents, on some other duty, and the money was misap plied, applied to different nrposes. There IS with the papers a letter otpthe ComrPatents, and also a letter of Mr. Holloway, the late Commissioner, explaining the matter. This property has been in the custody of the Government and in the sole use of the Government from that time to this. It has been there in the office of the Dept of Agriculture.
Mr. SHERMAN. It has been of great use. As to whether it is prudent or wise for the government.to buy iIt, leave every Senator tojudge for himself. I have no doubt that if we pay this than $10,000 he will devote the whole of the $10,000 to the pursuit of this very business. That he has been a useful man, I do not think there can be any question about; a very useful man in his wa.
Mr. GRIMES. These models of fruit are very pretty things to look at, but as I have been in the fruit business somewhat, I will state to the Senfrom Ohio that they are of no possible use to a man from his region of country and mine.
Mr. GRIMES. I have had a little experience on that subject, and a good deal of observation. Take the RhdIsland greening and the Roxbury russet, which he has taken as a model from which to manufacture his specimens, raised in Connecticut or NewYork, and transplant them to Illinois and Iowa, and they become an autumn fruit, an altogether different kind of a le.
Mr. SHER AN. This gentleman has specimens of fruit from all the different States; for instance, the Baldwin apple, which I raise a, g:od many of. He has it from NewEngland, I has it from Ohio, he has it from NewYork, he has it from Illinois, showing different specimens from different States, and showing where particular kinds of fruit succeed the best.
Mr. GRIMES. It is not possible for this gentleman to have these things so as to be of any use. The Senators from Illinois and Wisconsin will tell you that a fruit growing on the black prairie soil, 100 yards from the same variety of fruit rowing on the yellow timber soil, is altogether a different sort of fruit. They are various in the description of the tree and in the production of the fruit. What does
Mr. Glover tell us about that? Does he give you any information by his models as to how one variety of fruit may be grown upon one character of soil and another grqwn upon another character of soil '1 He gives you merely the exterior outline of the fruit. Sir, this Agricultural Bureau is altogether too great a thing to be run by a centra government here at Washington, and we shall discover that after awhile. We must have these organizations in each State. The idea of one man here at Washington undertaking to tell the people of this country, extending as it does through so many parallels of latitude and long gitude, what may be the particular description of fruits or cereals or of anything else adapted to a particular kind of soil or climate, is a great humbug, and this, I think, is a part ofit.
Mr. CRESWELL. The difficulty that the Senfrom Iowa states is precisely one that
Mr. Glover wants to overcome. It is a part of his plan to keep specimens of all these fruits from the various soils and localities of the entire Union.
Mr. GRIMES. It is too big a business; it cannot be done.
Mr. CRESWELL. It can be done, and only done by the General Government, by some person here who has an opportunity to interchange views with gentlemen who represent all the States. He as, as the Senfrom Ohio has stated, varieties of the Baldwin apple grown in almost every State of the Union; and upon the cards accompanying the specimens he says distinctly, this apple is valuable grown in certain localities and worthless grown in others; and persons who will consult him can at once ascertain where it is desirable and where not desir able to plant that variety. I am sure if this collection is purchased by the Government and he is allowed to continue his plan, very valu able information can be disseminated through out the whole country in that way.
Mr. GRIMES. Just so long as the General Government here at Washington undertakes to control these things the State governments will not do it; but the moment we decline to do it here then your agricultural colleges in the various States will undertake to do reeisely this character of services, and you wil?get such in‘ formation as will he of value to the people of the respective States. Now, sir, when you say that
Mr. Glover or Isaac Newton can tell me which is the best variety of fruit of the 1,000 kinds that are raised, to be raised on a river bottom land adjacent to a large body of water; whntis the best on a small piece of bot tom land where there is not much water; what 18best on a piece of yellow clay land; what is best on a piece of black prairie land, and what is best on a piece of thin sandy land, it is more than anybody here can do. We must do it in the States. So long as the Federal Government arrogates to itself the power of concen trating all information here, so long the States will neglect to obtain that kind of information. The amendment was rejected ayes' 12, noes not counted.
Mr. SUMNER. I offer an amendment as an additional section, in which there is no appropriation: Abife:, That the provisions of the act to carry into etfectthe treaties betweenthe U.S and Chins Japan. Siam. Persia and other countrlcs.:ivmg certain judicial powers to ministersand consuls, or other functionariesof the U.S.in thosecountries and for other purposes.npprovedJune fl, 1860s.hall extendtoEgypt; and the consulgeneralat Alexandria shall havethe power provided by section 22 of such not for the consulgeneralor consulresiding at the capital of a country wherethereis no minister. I move this amendment under the direction of the ComForRel. I moved it last year and the Senate adopted it on the appropriation bill which, it will be ‘re metnberedi failed. The object is simply to extend certain powers to our consul general at Alexandria which he has not now under the existing law.
Mr. SHERMAN. There are plenty of bills to which this would be more germane.
Mr. SUMNER. I beg the Senator’s pardon. There is no other bill to come forward whereit can be offered.
Mr. SHERMAN. Why has it not been presented before?
Mr. SUMNER. My attention was called to it only yesterday.
Mr. SHERMAN. When you kept quiet so long, there would seem to be no haste or put ting it here. It is legislative in its character, purely.
Mr. SUMNER. What is the character of half the propozsitions that have been voted on this bill?
Mr. SHERMAN. They were appropriations. This is the 1st one of this kind.
Mr. SUMNER. This was voted last year on the same appropriation bill. It is accordingtothe usage of the Senate to make the appropriation bill the occasion of passing prop positions like this which have been forgotten. My attention was called to this during this session for the 1st time yesterday.
Mr. RAMSEY. I have waited a long time for an opportunity to offer one of the most meritorious amendments that has been presented to this bill. It is to insert on page 10, after line 218: For [lighthouseatGrandPortage.mouthof Pigeon river.h nnesota.80.000s;ubject to the approval of {aitljnght House Board as to the necessityof this I. will say in explanation of this amendment that the appropriation has been twice made; once in 1856 for a light at Grand Marie, on the north shore, and it was subsequently transferred in 1859 to Grand Porta e, which is at the boundary line between the ritish possessions and the U.S. The money, however, was not used, but lapsed into the Treasury, and it is necessary now, in order to go on with that light, that the appropriation be made.
Mr. SHERMAN. Is there any recommendation from the Lighthouse Board ‘I
Mr. RAMSEY. I have a letter from the chief of the Lighthouse Board which I can send to the desk; and I am directed by the ComCommerce to move the appropriation.
Mr. GRIMES. Before acting on that, as it is almost half past 4 o’clock, I desire now to submit a motion, that at half t 4 o’clock the Senate take a recess unti half past 7 o’clock. The motion was agreed to. HOUSE BILLS REFERRED.
The PRESIDENT p'ro tempura. The Chair will take this opportunity to present some House hills which are on the table, for the purpose of reference. e following bills from the HoRep were severally read twice by their titles and referred as indicated below: A bill (H.R.No. 32) to extend the juris diction of commissioners of the circuit courts of the U.S. to the ComJudiciary. A bill (H.R.No. 92) to ascertain the prac ticability of having a steamboat navigation from the Chesapeake boy, at the month of the Susquehanna river, to Lake Ontario to the ComCommerce. A bill (H.R.No. 468) to provide for the suits, judgments, and business of the U.S. provisional court for the State of Louis iana to the ComJudiciarya. A bill (H.R.No. 684) for the re ief of William Joshua to the ComClaims. A bill (H.R.No. 604) to define and punish certain crimes therein named to the ComJudiciary. A bill (H.R.No. 667) to preventofficers of the Navy from being deprived of their regulm' romotion on account of wounds received in attle, and for other purposes to the ComNavAffrs. A bill (H.R.No. 802) toincorporate the National Farm School to the ComDistCol. A bill (H.R.No. 808) to amend an act entitled “An act to incorporate the trustees of the Female Orphan Asylum, in Georctown, and the Washington City Orphan As am, in the DistCol, " passed pay 24, 1828 to the ComDistCol. A bill (H.R.No. 804) to regulate the apointment of clerks and commissioners of bail in the circuit or district courts of the U.S. to the ComJudiciary. A bill (H.R.No. 806) to restore the possession of lands confiscated by the authorities of the States lately in rebellion to the ComJudiciary. COURTS IN CALIFORNIA AND LOUISIANA. The Senate, on motion of Mr. CONNESS, proceeded to consider the amendment of the HoRep to the bill (S.No.179) in relation to the district courts of the U.S. in the State of California, disagreed to by the Senate and insisted upon by the House.
Mr. CONNESS. I move that the Senate recede from its disagreement to the House amendment. The Senfrom NewYork has withdrawn his objection, and admits it to be right. The amendment has been read. The motion was agreed to. DONOHUE, RYAN, AND SECOR.
Mr. JOHNSON asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 141) for the relief of Don ohue, Ryan dzSecor, builders of the iron clad monitor Camauche which was read twice by its title and ordered to lie on the table. DEFICENCIES IN APPROPRIATIONS.
Mr. FESSENDEN, from the ComFinance to whom was referred the bill (H.R.No. 7015to supply deficiencies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes, reported it with amendments.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnERsoN, its Clerk, announced that the HoRep had insisted upon its amendments to the bill (S.No.39) to amend the acts relating to officers employed in the examination of imported merchandise in the district of NewYork, which were disagreed to by the Senate, had agreed to the conference asked by the Senate on the disagreeing votes of the 2 Houses thereon; and had appointed Mr. Tuonas D. ELIOT of Massachusetts, Mr. CHARLES O’Nsiu. of Pennsylvania, and Mr. WILLIAM Ransom) of NewYork, managers at the same on its part. FINAL ADJOURNMENT. The message further announced that the HoRep had agreed to the amendment of the Senate to the resolution of the House fixing the day for the adjournment of the present session of Congress. EXECUTIVE SESSION. On motion of Mr. GRIMES, the Senate proceeded to the consideration of executive business. At hnlfpast fonro'clock the doors were reopened, and the Senate took a recess till half past 7 o’clock, p. m. 1866. his commoners GHQBEP 412 9 EVENING SESSION. The Senate reassembled at half past 7 o’clock p. m.
Skip Skip PETITIONS. Mr. WILSON presented a petition of citizens of NewJersey, praying for an equalization of bounties of the soldiers who served in the late war; which was ordered to lie on the table. REPORTS OF COMMITTEES.
Mr. WILSON, from the ComMilAffrs , to whom were referred 3 memorials of Norman Wiard, in relation to contracts for furnishing vessels to the War and Navy Depts, asked to be discharged from theirfurther consideration, and that they be referred to the ComClaims; which was agreed to. WEIGHING 01FEXPORTS.
Mr. MORGAN. I aminstructed by the ComCommerce, to whom was referred a bill (H.R.No. 4%) to provide for and to reg ulate the weighing of exports, and for other purposes, to report it back without amendment. I ask for its present consideration. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It prbvides that upon all weighable articles hereafter exported, upon which a draw back or return duty is allowed, and upon all weighable goods withdrawn from bonded ware houses for export, there shall be levied and collected, by the collectors of the several orts, 3 cents per 100 ounds, to be eter mined by the returns of the weighers. The bill further proposes to abolish the office of measurer at the port of NewYork, and provides that the duties heretofore performe by them shall be performed by the weighers. The weighers at the port of NewYork are to receive an annual salary of $2, 600; but the increase of compensation over and above their present sal ary is not to exceed, in any fisca year, the amount of fees earned by them. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ANN E. SMOOT
Mr. GRIMES. There is a little bill that was in charge of the Senfrom NewHampshire, [Mr. CRAGIN] who is sick, which will take no time, and he wanted me to call it up. It is House‘ bill No. 422. I move to proceed to its consideration. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 422) for the relief of Mrs. Ann E. Smoot, widow of Catain Joseph Smoot. It proposes to exten the benefit of the 6th section of an act to amend an act to promote the ellieiency of the Navy, approved January 10, 1850, to Mrs. Ann E. Sine ot, widow of the late Catain Joseph Smoot, of the U.S. havy, and to direct the proper accounting officers of the Treasury to pay her the amount her husband was receiving at the time he was placed on the reserved list on furlough ay, to the date of his death, deducting there from what qver amount he may have received in the mean time on account 0 pay. The ComNavAffrs reported an amendment to the bill in lines 9 and ten to strike out the words "amount her said bus band was receiving" and in lieu thereof to insert “ waiting orers pay of his rank which her said husband would be entitled to receive."
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. It was ordered that the amendment be engrossed and the bill read a 3rd time. The b'l was read the 3rd time and passed. CIVIL APPROPRIATION BILL.
Mr. CONNESS. I move to proceed to the consideration of the JtResolution for the relief of the builders of the Camanche. It will only occupy a moment.
Mr. SHERMAN. Iobjeet. I insist on the regular order of business.
Mr. MCDO UGALL. There will be no debate upon it.
The PRESIDING OFFICER. I The bill (H.R.No. 737) making appropriations for sundry civil expenses of the Government for the year ending June 80, 1867, and for other purposes, is now before the Senate, as in ComWhole, and the pending question is on the amendment proposed by the Senfrom Minnesota, Mr. Ramsay, on page 10, after line 218, to insert: For a lighthouse at Grand Portage, month of Pigeon river, Minnesota,000, subject to the approval of the Lighthouse card as to the necessity of this light.
Mr. SHERMAN. Ihope that will be passed over until the Senator comes in. He was giving some information about it at the time of the recess.
The PRESIDING OFFICER. The amendment will be passed over for the present.
Mr. MORRILL. I call the attention of the Senfrom Ohio to the 16th page of this hill, where is this item, “to grade Lastea itol street $3,000.” I move to strike it out. era is some misa prehension about that, I presume. The comthe DistCol reported a bill to appropriate some $15,000 for rading East Capito street and fencin Lincoln square at the end of that street, and it has been passed. This item ought to be stricken out, undoubtedly.
Mr. MORRILL. I move to amend on page 15 by striking out lines 349 and 350, namely, “for taking care of the Circle on Pennsylvania avenue, $1,000.” Unless the ComFinance have information which I have not, I cannot understand how that can be possible.
Mr. SHERMAN. That is in the regular estimates.
Mr. MORRILL. But I cannot conceive that it is very regular. How taking care of the Circle, which is a ittle plat of ground entirely fenced in, should involve a cost of $1,000, seems in conceivable. I move to strike it out.
Mr. MORRILL. I call the attention of the committee, on the same page, to another item, in line 353, “ for removal of nuisances, $10,000." I move to strike out those words.
Mr. SHERMAN. This was the estimate of the ComrPubBldg and was allowed by the HoRep; was in the bill when it came from the House. I am not sufficiently informed about it. I think the chairman of the ComPubBldg and Grounds ought to understand about this.
Mr. MORRILL. It is clear enough that somebody ought to be responsible for these improvements, and I am led to criticise this from the fact that I know there are a good many items in this bill which ought to have been submitted either to the ComPubBldg and Grounds or to the ComDistCol.
Mr. MORRILL. I move furtherto amend by striking out, on the same page, lines 341, 340 two, and 343 of section one, namely, “for repairs of Pennsylvania avenue, and sprinkling the same, and keeping it clean and free from dirt, $10,000.” We make appropriations for that avenue, but they are a ways submitted either to the ComPubBldg and Grounds or to the ComDistCol. There are some specific appropriations hero for Pennsyl vania avenue, but it will be seen by reference to this item that it is impossible to tell what it is !1for. “For repairs of Pennyslvania have 0
Mr. SHERMAN. The repairs of the pave ment.
Mr. MORRILL. “And sprinkling the same, and kee in it clean and free from dirt. $10,000.” We have been in the habit of cleanin it, but it is inconceivable that it is the duty of the Government to sprinkle this street when we have been to an expense of over 3 million dollars in bringing water here, and there is an abundant supply of water, and we have put down main pipes everywhere, and it is only to be let on. Now, that the Government should be called on to incur the expense of sprinkling the avenue it seems to me is absurd. I move to strike it out.
Mr. SHERMAN. I think it ought not to be stricken out.
Mr. MORRILL. On the same page, lines 344, 345, and 346, I find this item: For public reservationNo. 2and Lafayette square, in addition tothesaleof hay which may be raisedo1‘ the former, $3,000. If the ComFinance have any information in relation to that, I will not move to strike it. out; but it seems to me the very statement of the thing shows the absurdity of it. “ For public reservation No. 2"
Mr. SHERMAN. It is the reservation east of the President’s grounds.
Mr. MORRILL. “And Lafayette square, in addition to the sale ofhay.” It will be seen that there is an item of $500 for repairing the iron gates on Lafayette square, and then still further a specific appropriation, and then comes in this general appropriation, for the square, accompanied with the public reservation. It is impossible for anybody to know when we have got done appropriating, if appropriations can be made in this way, and these parties are not required to come before the proper committees and state specifically the necessity for these appropriations. I make these propositions as a whole for the purpose of calling the attention of the ComFinance to them, so that we may have some understanding how these appropriations are to be made and on what basis.
Mr. SHERMAN. The chairman of the ComPubBldg and Grounds is not here. He would’probably be able to give the Senate more information on these matters.
Mr. MORRI LL. These propositions should properly go before the ComDistCol.
Mr. SHERMAN. I think not. There has been always since I have been a member of Congress an appropriation varyin from $3,000 and upward for the repair of Pennsylvania avenue.
Mr. SHERMAN. Then there is here an appropriation for public reservation No. 2and Lafayette s naie. Lafayette squnro is in front of the President’s House, and reservation No. 2 is immediately east of it, and I have no doubt a considerable sum of money is required to keep it. in repair. We generally have allowed these appropriations for public buildings and grounds to rest with the ComPubBldg and Grounds, and usually have added to them rather than taken away from them. I will state that all these appr nations are in the regular estimates subinitte to us by the Commisswner of Public Buildings, and he is continualiy asking for an increase.
Mr. GRIMES. I have no doubt that is so; but I do not understand that the ComrPubBldg is the organ of the Senate, through whom the ComFinance should he informed.
Mr. SHERMAN. But these items come to us in the regular estimates from the Treasury Dept. They are here in the printed estimates.
Mr. GRIMES. Then it results in this simply, that the ComrPubBldg who makes this estimate, is the author of our legislation, inasmuch as whatever he does the ComWays&Means and the ComFinance incorporate into their financial bills and pass through Congres'd.
Mr. TRUMBULL. Is it not so as to all our appropriutions?
Mr. GRIMES. There are somethings that are right patent before our eyes. I live near this Circle that.we struck out an appropriation for. They asked an appropriation of $1,000 "to take care of the ircle.” That is the language.
Mr. CONNESS. To take care it does not run off. I.aughter.]
Mr. GRIMES. I would undertake to take care of it certainly as well as it has ever been taken care of, for $100a. year. It is the Circle where the Washington monument is. In regard to Pennsylvania avenue, Congress has never appropriated any money to clean or to sprinkle it except just before the inauguration of the Washinr ton statue, on the 22d of Feb ruary, 1800, when we appropriated $200, and I uess that is the only time it ever was cleaned. I e are gradually workin in here, through the phrnseology adopted in tfiis clause, a.recognition of the obligation of the Government to clean and to sprinkle it, when we have furnished an aqueduct that gives a bountiful supply ofwater, at an expense of g3,000,000. All they have to do is to put on the hose and sprin kle it themselves; and yet they have got an up iropriation of $10,000 here to sprinkle it. It'. MOltltILL. I will var my motion so as to strike out after the wor “avenue” the words "and sprinkling the same, and keeping it clean and free from dirt."
Mr. SHERMAN. Beforethese amendments are made I want to show the Senate that the ComFinance have pursued the ordinary course in regard to these appropriations. We 1st found them submitted to us in the SecyTreasury’s annual estimates. They are sent from the ComrPubBldg through the Interior Dept to the SecyTreasury, and are submit ted to us in the annual printed estimates. All these.estimates are in orsed by the Treasury Dept and submitted to us in printed tbrm'. These estimates referred to y the Senfrom Maine now were submitted to us in that way. As a matter of course they have the sanction of the executive dept of the Government before they come to us. It is right and proier that the ComPubBldg an Grounds or the ComDistCol should exercise a supervision over these matters but as a mutter of course the Committee on Itinauce cannotgo behind these appropriations made according to estimates unless some complaint is made. I am very glad to see the Senator take supervision of the subject.
Mr. MOltltlLb. I ask that the amendment be reported.
The PRESIDING OFFICER. It will be reported as modified. The Secretar read the amendment, which was oneinge 15, in lines 341 an 42, to strike out the words “and Bprinkling the same, and keep it clean and free from dirt;” so as to read, “ for repairs of Pennsylvania avenue, $10,000."
Mr. MORltILL. Now, I move to strike out “$10,000” and insert “ $5,000.”
Mr. FESSENDEN. I suggest that it is not. robnble that keeping it clean and sprinkling it would amount to as much as 1/2 the appropriation. There is a good deal to be done on Pennsylvania avenue this year. I do not feel disposed to dispute the authority of the chairman of the ComDistCol. if he has investiated it.
Mr. MORRILL. There are other specific appropriations male for it. An SHERMAN. What are they?
Mr. FESSENDEN. I do not find anywhere the estimate for taking care of the Circle. The amendment, as modified, was agreed to.
Mr. MOltlllLL. I move further to amend on the same page by striking out lines 339 and 340, as follows: For casual re at t‘ V. up" bridges.{ma o the Potomac.as y yard and
Mr. MORRILL. Iwill explain. This session, and within a month, on the application of the ComrPubBldg, the ComDistCol reported a resolution appropriating $10,000 or $15,000, I am not sure which, but I think the latter sum, for repairs of the Potomac bridge, which was said to be ample. Now this provision here is “for casual repairs of the otomac, navy yard, and upper bridges. " We have got an appropriation for the Potomac bridge on the 11th page of this bill, where' you appropriate, “to enable the ComrPubBldg to put in thorough repair the bridge across the Potomac at Little Falls, in accordance with the estimate of the engineer, $2, 410.” There is aspecific appropriation for one of the bridges covered by tie item I move to strike out, so that we have already had specific appropriations said to be ample for 2 of the 3 ridges here provided or.
Mr. FESSENDEN. This is a bill making appropriations for sundry civil expenses for the cominv year. The specific appropriations alluded to are made for repairs actually necessary at the present time to put the bridges in order. There are 4 bridges that are provided for. We provided the sum estimated from actual examination to make the repairs absolutely necessary now. Then it is custom ary to provide a fund for the year for casual expenses that may occur in the we of injury to these bridges; there are 4 of them. If the sum appropriated is too large to provide for contingencies we can cut it down.
Mr. MORRILL. You have appropriated in this bill $5,000 for the navy yard bridge besides this.
Mr. FESSENDEN. That is absolutely necessary now.
Mr. MORRILL. What occurred to me was that if this is for the contingent expenses of the coming year. this Congress will be in session again, and ample time will be given.
Mr. FESSENDEN. But we are now making appropriations for the year 1867. We do not wait until the next session of Congress to do that. We bring in a deficiency bill it' it becomes necessary, but we do not provide in advance for deficiency bills.
Mr. MORRILL. My ground is that all the specific appropriations necessary for these bridges have been made. The Commissioner has not been before either of the committees of the Senate that have the supervision of these matters. There is opportunity for him to do so at the next session, and before these repairs will be needed; and I submit to the Senate that it should be his dot to go before these committees and submit teestimates.
Mr. MORRILL. On page 14, lines 319, 320, and 321, I move to strike out “for the necessary expenses to be incurred in consequence of opening 6th street west across the Mall, and in making fences, $2,000.” That street is not open.
Mr. FESSENDEN. I suspect it has been opene.
Mr. MORRILL. No sir; it has been authorized. but not 1.
Mr. MORRILL. Authorized by ‘ongress 2 years ago. The street has been authorized to be opened. It is to be opened by the city. There are no expenses to be incurred by us until the street is made. I move to strike out the appropriation.
Mr. FESSENDEN. If the city open it, who is to fence the public unds?
Mr. FESSENDEN. This is to meet, not the expense of opefling, but the eXpense that is to follow the o ening. We have authorized the opening of tie street through the public grouud'i. If the cit authorities open it, as I suppose they inten to do, we have got to meet certain expenses and provide for them in advance. This is an appropriation of $2,000 for that purpose. Why should that be struck out?
Mr. MORRILL. It should not, provided the city open the street, but the city are under no obligation to do it. They have been authorized to do it. for 2 years, and have not taken the 1st step yet.
Mr. FESSENDEN. I suppose this is put in because they have exressed their determination to open it. what steps they have taken in the matter I do not know.
Mr. MORRILL. I have no disposition to urge it.
Mr. BROWN. The money cannot be expended until the street is opened.
Mr. SHERMAN. I was opposed to this item originally on the ground that we ought not to open 6th street; but on looking at the law I found that its opening had already been provided for.
Mr. FESSENDEN. I agree to that; but we cannot help ourselves.
Mr. GRIMLS. The law that authorized the street to be opened provided that it should not be opened until it was done with the assent of the Surgeon General of the U.S. Army, who was occupying a‘portion of the square through which the street would run, With the Armory hospital. I have looked at that street recently, and I do not see that those hospitals have been removed or that the buildings will be interfered with. [apprehend there is not much likelihood of their being removed before we assemble again in December at any rate. If the ComFinance are disposed to keep the clause in upon the supposition for I understand they 0 not know anything about it that the city may open the street, I am content. I desire to say, however, that the city did not seek to have the street opened; the law that was passed authorizin it to be opened was in the interest ofarailroad company who desired to establish a street railroad down there. I was opposed to opening it; but Congress decided differently.
Mr. FESSENDEN. I have no sort of objection to the clause being struck out personally, butI gave what I supposed to be the reason for the appropriation.
Mr. IESSENDEN. It is for the Senate to do what it pleases.
Mr. MORRILL. I call the attention of the committee to this item commencing at line 300, on page 13: For purchaseof trees and tree boxes.to replace, when necessary, such as have beenplanted by the U.S.to whitewash tree boxes and fences and to repair pavements in front of the public grounds, $3,000. I have noticed for several yearssince I have been here that that is the usual appropriation. What is peculiar in itwill be seen. In the 1st place, it cannot be supposed that $3,000 would be necessary every year as an appropriation for planting trees. We do not plant, probably, 3,000 trees here each year on the public reservations.
Mr. MORRILL. That is what I object to. For purchase of trees and tree boxes, to replace, when necessary, such as have been planted by the U.S., to whitewash tree boxesand fences, and to repair pavements in front of the public grounds, $3,000 It is impossible to tell what is forpavements, what is for tree boxes, and what is for white washing; and then in another part of this bill oua propriate$1,500forwhitewashingtenees. made no motion, ofeourse; I am not certain that it is not proper; I know it has been the usual appropriation; butl call attention to it on the round that I think the Commissoner of Pubic Buildings ought to send to some proper committee his estimates, and they should not come in in this way. Now, I offer this amendment, to come in on It is for several other pageHS, after line 420 V To enable the SecyTreasury to mythe persons employed by the Committees on the district the provisionsof the JtResolution approvedJune 18. 1864.entitled "A resolution to provide for the the compensation provided in said resolution. 2.000 or so much thereofas maybe necessaryfor that purpose.
Mr. MORRILL. I offer another amendment For the paymentin art for the purchase of sites and the erection of accol housesin the county of the board of commissioiagss of primary schoolsof said
Mr. FESSENDEN. I should like to have an exlanation of that meat that it. applies entirely to the country quarter of the District; and I will so, for the in astonish them, that in all that region of country which embraces the entire District ouLSide there never had been until within 3 years a school house of any description, and there entire section of the District. In 1864 the people of that section of the District were schools, taxing themsalves for the maintenance of the schools. They support baunildt more. at a cost of $2,000 each. They have established 7 schools for white children quarter of this District has never had the ben efit. I believe, of a single dollar’s appropria As we h authorized these people to levy this tax on themselves, and they h gone for these schools throughout the country quarter of the entire District, and incurred the large 1,000 dollars for these school houses, which is to be assessed upon their polls and estate, facts being called to its attention, be willing to aid them thus far, particularly as this District of the Congress of the U.S.; and considering, moreover, that during the war there population who are upon the hands of these people, more or less. I hope there will not be he amendment was agreed to.
Mr. MORRILL. I offer this amendment to and 60: The SecyInterior is herebyauthorized pital for the Insane a leaveof absenceforsix months to enable him to visit institutions for the insanein cut to becontinued in the meantime.
Mr. SHERMAN. Why is that? terior addressed a note to the committee on the subject, saying that this officer had been a ha been particularly onerous; his health had been a good deal impaired; and he thought it him go abroad at his own expense, his salary to be continued in the mean time, for a period son why the Government should be thnsin dulgent, this vacation will allow the superin countries as well as in our own, and thus he Will be better enabled to discharge the duties sures us in his letter that the institution will suffer no detriment in the hands of the assist intendent.
Mr. FESSENDEN. It is just as well that of Columbia of totwo Housesof Congress.under revision of the laws of the DistCol." pose. to go in connection with that: Washington. in the DistCol, payableto county, the sum of $10.
Mr. ORRILL. It willbeseenby the amend formation of the Senate, wlwt think will of the cities of Washington and Georgetown never had been a school maintained in that authorized to establish and maintain primary 7 school houses, and are erecting 7 and 5 for colored children. The countrytion for anuublic object whatever. ward in this spirit of enterprise and established expense of some 25 or 28 it seemed to me that the Senate would, on these is entirely under tie supervision and control has been thrown into this District a floating any" opposition to the amendment. come in on page 20, after line 400 to grant the superintendentof the GovernmentHos Anierica and Europe.the salary ofsaid superintend
Mr. MORltlLL. The view the committee took of it was that it was simply a proposition to allow a leave of absence. To e sure his salary is not suspended: but in the mean time I think it not unreasonable to suppose that the officer will bequalifying himsel for a more satisfactor discarge of his duties on his return; so that the Government will lose nothing by the permission.
Mr. HE DRICKS. We need not give permission. Cannot the Secretary do it?
Mr. MORRILL. He thought not. The amendment was rejected.
Mr. MORRILL. I have one more amendment to offer, to come in on page 18, after line 429: For supportof the Columbia Hospital for Women and Lying in Association.510,000.
Mr. FESSENDEN. I should like to have some explanation of that.
Mr. lilORltlLL. This is one of the class of charitable institutions of a private character to which I invited the attention of the Senate when they were about to make an appropriation to one of the class; and I have no hesitation in saying, from the examination the committee gave it, that it is as meritorious as any of its class: and in some sense it has a much higher merit than any of the class which have been presented to the ComDistCol. It has a board of very high professional skill, and it deals with a class of cases which are' in themselves a specialty, and which involve the very highest skill of the profession. Its title in the amendment sufficiently discloses the character of the institution. If any institution in the DistCol of a private character is entitled to consideration, either by its object or by the skill and care with which the institution is conducted and the high reputation and character of the persons under whose charge it is, this is the one above all the others that I have become acquainted with in the city of Washington. The appropriation is only 810,000.
Mr. FESSENDEN. My friend, the chair man of the ComDistCol, I believe, has succeeded in knocking off some 4 or 5,000 dollars for sprink ling Pennsylvania avenue, &c., and I no not know how many $20,000 he has put on by way of showing how much more economical the ComDistCol is than the ComFinance!
Mr. MORRILL. The balance is more than $10,000 in my favor. [Laughter.]
Mr. GRIMES. I offer an amendment to insert after the word “dollars, ” at the end of the sentence in line 523, page 22, making an appropriation for the erection of a fire proof brick building for the Treasury Dept, the following: Provided, That the SecyTreasury be, and he hereby is, authorized to remove and sell at auction or otherwise.any portion of the presses.machinery and apparatus employed in the Treasury building, which, from the diminution of the volume of businessor otherwise.he may from time to time find to beno longer required.
Mr. JOHNSON. I should like to know how much in the aggregate that will increase the appropriations.
Mr. SUMNER. The proposition of the Senfrom Ohio is in many respects very complete, and yet, for a proposition which seems so complete, it is singularly defective. There is one class of the servants of the Senate that I find are absolutely ignored.
Mr. WADE. We did not attempt to regulate the compensation of clerks of committees because there were resolutions pending on that subject, and because, also, the compensation of the clerks of committees of the Senate and the compensation of clerks of committees of the House was just the some; and therefore they are not mentioned here. There was a proposition then pendingproposing to employ them during the year and give them a salary instead of a perdiem. That class of employees we have left out, subject, however, to any regulations the Senate may think proper to make in regard to them.
Mr. WADE. The Senator speaks of my i discriminating between these classes of employees. He did not understand the explanation I gave before. Our special committee did not take into consideration, as I told him, the compensation of these peculiar clerks, because we were directed to equalize the compensation of the employees of the Senate with t iat of the House employees; and we found that the compensation of these clerks was exactly the same in both bodies. We did not undertake to do anything with them, because our simple duty was to equalize the salaries. I told you the other day how we equalized them; that this was an increase of about 25%.; but the increase to our clerks in some cases was more than that, because the House raised the salaries of their clerks 25%., and many of their salaries were higher than those of our clerks previous to that, and we had to make the increase in some cases a little more than 25%. in order to make them equal with t to corresponding officers of the House; but we did not attempt to discriminate against this class of employees. I have only to say that there were propositions then pending before the body on the subject of these particular clerks. I am not going to resist this amendment to the amendment. Let it be submitted to the judgment of the Senate to say whether it is reasonable or unreasonable. I know that many of thee clerks of committees are gentlemen of acquirements, of talent. able to command large wages for their services anywhere. I know that while they are employed a considerable portion of the year here, as long as they are engaged in this business they cannot very wellengage in anything else for the residue of the year. About all the compensation they can obtain is while they are employed here; and perhaps it would not be unreasonable to give them salaries that are suitable for that purpose, innsmuch as if their employment is not constant they can make little in that part of the year that they are not employed here.
Mr. ANTONY. His duties as clerk of the ComPrintg are the smallest part of the duties that he has to perform. He has to preare indexes and other things, and is compe led to remain here in the vacation.
Mr. FESSENDEN. This whole subjectwas very thoroughly discussed some years ago, and it was decided by the Senate that the business that those 3 clerks performed was such that it was absolutely necessary that they should be made permanent clerks at fixed salaries, and that the same reason did not:1 ply to any other clerkship of a committee of the Senate. The duties of the clerks of committees are not so difficult to learn but what any young man of intelligence can perform them without any very great deal of scholarship. It may be that the honorable Senfrom Massachusetts has for clerk of the ComForRel an accomplished gentleman. We cannot afford to pay for the performance of those duties any more to a man because he is an accomplished gentlemanand scholar than we can to anybody else who is competent to perform the duties. We cannot make that distinction. We do not pay for scholarship or accomplishments in a clerk; and the duties, as everybody knows, of the ComForRel are not so extensive that the clerk should be, necessarily, a permanent officer. A clerk for that committee can easily be found from one session of Congress to another; and so with regard to the other committees generally. HenceI have deemed it unwise to attempt to extend these salaries, because when you once attempt it, there is no knowing where you will end. Now, my honorable friend proposes to make all the committee clerks permanent and give them a salary of $1, 850. Take the clerk of the ComAg; I do not supose that he knows that he has anything to o from the beginning to the end of the! year. Take the clerk to the ComManufactures, which, I suppose, never meets at all. Take the clerk of the ComRevClaims. I have not heard of a bill being before that committee this session. There may have been one.
Mr. RAMSEY. Wehare considered a great many matters and reported upon them adversely, and thus saved large sums to the Treasury. [Laughten]
Mr. YATES. Some of them are men of families.
Mr. SUMNER. Some of them, I am reminded by my fricnd, the Senfrom Illinois, have families. That is not the case with all of them. I do not go into that. It is enough, however, that they are appointed as clerks of certain specified committees, and as such, it seems to me that they are entitled to an ade quate compensation according to the scale adopted for other officers of the Senate. That is my argument, sir. I do not originate this proposition. I should not have thought of originating the proposition. I should have allowed the clerks to continue on their present pay; but you are now undertaking to remodel the compensation of all the employes of this Chamber, and as you are under taing to do that, I insist that you shall not neglect a class that ought to be as well paid as any other. I think the Senfrom Maine rather disparages what is required of a clerk of a committee. He thinks that anyone may come on, almost by the accident of n journey, and find a place here; that he may drift here as by high tide, and find himself in a committee room and discharging these duties. That may be so; but I think that the duties of a clerk of a committee are in themselves important; and especially if he becomes attached to the chairman of the committee in that other capacity to which I have referred as his asst and secretary, it is almost impossible to measure their importance, because he naturally enters into the labors of the Senator with whom he is assoncipatd; and, as I have already stated, when this system was originally commenced it was with a view to aid the chairmen by supplying to each a secretary.
Mr. HENDERSON. This whole matter was referred to the ComContingent Expenses, and we took the trouble to go to the Clerk of the HoRep and to the SecySenate and get the amount of compensation that is allowed bylaw to each cm loye, with the extra compensation allowed in tcHoRep, and we have examined the whole contingent expense account of the Senate, and we have prepared a bill which we believe to be important. It has been reported, and is Senate)ill No. 443. I hope the Senate will vote down the proposition of the‘Senotor from Massachusetts, so that we can offer that bill as an amendment to the amendment of the Senfrom Ohio, or, rather, as a substitute for it. I intended to do so, but the Senfrom Massachusetts got the floor ahead of me. That bill, I think, covers the whole question; and if any measure is to be adopted on this subject, my impression is that it is the best measure that can be adopted. It is the unanimous opinion of the ComContingent Expenses that something of this sort ounht to be done at once.
Mr. IOHNSON. Perhaps he will withdraw his amendment.
Mr. HENDERSON. If the Senfrom Massachusetts will withdraw his amendment for the time being, and allow me to offer this, he can renew his amendment afterwards. This bill covers the question of the clerks of all the standing committees. '
Mr. SUMNER. I have looked over the proposition of the Senator, and I certainly do not think it practicable.
Mr. HEN person. I hope, then, that the Senate will vote down the amendment to the amendment.
Mr. HENDRICKS. I ask for the reading of the amendment to the amendment. The Secretary again read it.
Mr. HENDRICKS. The latter part of that amendment I like. As to the 1st part, I do not know whether the salary proposed would be too high or not. It has come to bethe fact that the clerks of committees are clerks simply to the chairmen. Since the war every Senator has so much private matter to attend to here thatit is almost impossible for him to get along unless he can hire a clerk. Now, if the rac tice or the law can be so changed that the c crks of the committees willbe clerks for all the gentleincn of the committee, we shall get a on very well: and that part of the proposition like. I believe in view of the whole matter that I shall vote for it, because I think it introduces one desirable reform.
Mr. HENDERSON. I desire to offer senate bill No. 443, with some few changes, which Senators can discover as the bill is being read, as a substitute for the amendment proposed by the Senfrom, Ohio.
Mr. TRUMBULL. I suggest whether it is worth while to read the next section. as it is merely an enumeration of the officers of the House, with no salaries fixed.
Mr. HENDERSON. I have no objection to dispensing with the reading of that section, but the following sections ought to be read.
Mr. ANTHONY. If the chairman of the ComContingent Expenses will accept an amendment I suppose his amendment cannot be amended but With his consent
Mr. TRUMBULL. I understand this to be a substitute. which is amendable.
The PRESIDING OFFICER.‘ The substitute is in the nature of an amendment to an amendment.
Mr. TRUMBULL. But may not the substitute be amended before it is adopted, or the original proposition either?
The PRESIDING OFFICER. It will be in order 1st to amend the portion proposed to be stricken out, if that is the question of the Senator.
Mr. TRUMBULL. But can you not amend the substitute offered by the Senfrom Missouri?
The PRESIDING OFFICER. The Chair thinks that that is an amendment to an amendment.
Mr. ANTHONY. Then I will ask the Senfrom Missouri whether he will accept a suggestion that I wish to make to him. In looking over this proposition as a whole. looking at the harmony of the system, it seems to me that the compensation (provided for the asst sergeant at arms an doorkeeper does not correspond with his position. I think it should be $2, 500. I
Mr. HENDERSON. 2200 dollars by our bill.
Mr. ANTHONY. I suggest to the Senfrom Missouri to make it $2, 500. I think that will make. the gradation correspond With the others.
Mr. HENDERSON. I understand the other members of the committee are willin to consent to that. We thought that Mr. assett's position and his services demanded that compensation, and at one time a ed upon that sum, but reduced it to $2.200 cause we were unwilling to make an increase in the case of a i very meritorious officer, as we did not know how soon We might have one that was not quite so meritorious.
Mr. HENDERSON. But as Senators say, we can reduce it when the man does not suit well, I will accept that suggestion and change the amendment in line 20 of page 2 by striking out “two” where it ast occurs and inserting “5;” so that it will read, “one asst doorkeeper, $2, 500.”
Mr. BROWN. Do I understand that the substitute offered by colleague is now open to amendment?
Mr. JOHNSON. No; you may make asuggestion and he may adopt it.
Mr. BROWN. I might as well state now, then, what I propose to offer as an amendment. I like the character of his bill in some respects, and particularly those sections which set out the manner in which purchases shall be made for the use of the Senate, in which books shall be kept, and in which issues shall be made upon requisition. I think that is all very proper and very well set forth; but I think there is one defect in the bill; certainlyit seems a defect to me; and that is, in creating another officer called the purchasing agent of the Senate. I see no reason for creating that office. The great object that we have in view is to se a rate the purchasing from the paying, and that can bedoncjustas wellwithout crcatin another officer called the purchasing agentas it can by that process, and the accounts can check each other just as perfectly without the addition of this officc. how, sir, I shall propose to strike out so much of section one as reads, “ one purchasing agent of the Senate, $3, 500.”
Mr. BROWN. It is $3, 500 in the copy I have; and in the 2nd section I shall move to strike out all after. the word “that, ” in the fi“rst line, down to and including the word will, " in the 15th line, and to insert “the Sergeant at Arms shall be the purchasing agent of the Senate, and as such shall;” so that the section will read: That theSergeant at Arms shall bethepurchasing agent of the Senate and assuchshall fromyear to year contractfor all necessaryprinting. &c. Putting him under all the regulations of this bill in regard to the contracts which he shall make, and devolving that duty upon him spe cifically. I think that will make an improvement to the bill. I think it will accomplish what is designed; and I think it will savejust that much in useless expense, and, besides, afford all the check that is necessary between the 2 accounting officers of the Senate.
Mr. HENDERSON. If my colleague will examine this bill carefully, he will find that so far as the expenses are concerned, we have curtailed expenses.
Mr. BROWN. Well, I would curtail them still more.
Mr. GRIMES. The Secretary is authorized by law to make them.
Mr. HENDERSON. The committee have had that matter under investigation. We examined it, and examined it With a rent deal of care. Mr. Brown claims that e has the right to make, purchases, and the SecySenate claims that he has the right to make purchases, and the Secretary insists that he must do it in order to comply with the law; and there is very considerable justice in his claim. We referred the matter to the honorable Senfrom Pennsylvania to investigate it, and he reports to the committee that under the law as it now stands the SecySenate is entitled to make the purchases. That is the condition of affairs; an the majority of the committee have come to the conclusion that under the law the Secretary is entitled to make them. As I stated before, we do not care who makes these purchases. All that we desire is, that the officer making the purchases shall keep a set of books and that we shall know exactly what he pays for every article that he purchases, and that he shall be enabled at any and all times to tell us to whom he has distributed them. But, sir, I believe I cannot proceed. I shall not be able to speak in this storm. [At this moment an unusually violent storm of nil and rain was raging. The patter ing of the hail upon the glass roof rendered it impossible to proceed wrth business for some time]
Mr. DOOLITTLE. I believe the question now is whether we shall change the roof or not. [Laughter]
Mr. GRIMES. Because everybody who sells to the government expects to get a arger er centage for whatever e sells to us than when he has a purchaser in a private individual I think that is the reason why.
Mr. WILSON. Cannot our agents buy as cheap as anybody else 7
Mr. WADE. He has 3 or 4 clerks to assist him.
Mr. GHIMES. Very well; he is paid that extra compensation this $600 additional for the responsibility 0 handling a million dollars of money, tor the requirement which is imposed upon him of executinga bond, for the responsibility of having those very clerks, and being responsible to the HoRep for their good conduct and behavior. So in regard to some of the clerks. The principal clerk in the HoRep is Mr. Barclay, an old employe, an excellent parliamentarian. “‘3
Mr. GRIM'ES. No, sir; he is not dead; saw him to night. He is alive and well. He is the man who wrote a book on parliamentary law. He has been employed in the HoRep for, I an pose 25 or 30 years. They give nm a arger compen Qsation than they assign to any other officer of that description; and vwhy? Because of the;’ personal qualifications of the man. Now, it‘ will be observed that the Senfrom Ohio selects out our principal clerk, who is Mr.“ Smith, and attaches to imthe same compeu fsation that is attached to Mr. Barclay in the House. It may be that Mr. Smith is entitled to more than an body else; but it may not be that he is as Weliqualified to discharge the daties of a clerk as somebody else is here. It appears, therefore andl only allude to this to show the way in which the Senfromv Ohio has drawn his bill that in order to make it correspond with the HoRep, he takes the same titles and attaches the same salaries to the titles, without haviplg re nrd to the principle upon which the ease. bill was drawn; and the House bill is drawn more in relation to the qualifications and char, actors of the employees of the House than to an thing else. Mr. President, I have no ideathat the amends,ment of the Senfrom Missouri is gain to be adopted; among others, for the reason that I was stated by the Senfrom Ohio. The Senate will not be disposed to consider it. at' this late hour of the session, and there is a dis1 inclination always in bodies of this description' to make reforms. In my opinion, this is a ver important and salutary reform, and will work‘, vastly to the advantage of your contingent expenses. I believn that if the purchases for this Senate were concentrated in the hands of one man, and that a judicious man, a man who, was not extravagant, a man who would manage the affairs of the Senate precisely as he would manage his own, there would be from 50 to 70,000 dollars saved every 2 years. That is all I have say.
Mr. TRUMBULL. Mr. President. I somewhat surprised at a statement madewbaysw the Senfrom Missouri in regard to the contingent expenses of the Senate. My attention hasnot been veryspecially turned to them; I have not been a member of the ComContingent Expenses, and I am not familiar with the details of these matters; but I was” astonished when the Senfrom Missouri said, as I understood him, that we had no detailed account of the contingent expenses of; the Senate; and I understood him that the SeySenate could not make a report because he did not purchase everything, that he did not know the cost of the articles that i were purchased by the Sergeant at Arms, and it was impossible for him to mak the report showing the facts. I believe I an erstood the Senator correct].
Mr. HEND SON. Istated that in investigating the law I found that it was the duty of the SecySenate at the beginning of every session to make a detailed report, the items of which the Senator will find in the statute I have just ‘ven him the act. of 1823, and subsequentl the act of 1842.
Mr. TR. MB LL. I have the statute, but I wish to know as to the statement of fact.
Mr. HENDERSON. I called on the Sec reta of the Senate to know wh no report had been made since 1864; uiid 10 state to me that it was almost impossible for him to compl with the low. the report that was made in 1864 does not comply With that law by any means. He said that thei purchasing had been usurped and taken out 0 his hands, and that he was unable to make the report as required by the law. The Senator can read the law to the Senate. I intended doing so.
Mr. HENDERSON. Does the Senator want an answer now?
Mr. TRUMBULL. I understand that to be the fact, that they are always approved.
Mr. NDERSON. I can state that accounts e brought before us, as the Senfrom Iowa says, perhaps a purchase by Mr. Bassett, perhaps a purchase by Mr. Brown, perhaps a repair of urniture by the carpenter, and perhaps a purchase of furniture by some body else. We do not know anything about them. We send for the officer, and he tells us that it was needed; and we are bound either to pay it or to reject the claim upon our knowl edge of the matter, and it is a post transaction. In fact, accounts have come before us since I have been on the committee and I have only been upon it for 2 months of 2 or 3 years’ standing, audit is utterly impos: sible for me to go back now to ascertain whether those accounts were just at that time or not. It resolves itself into this, that I am a mere recording clerk; Iamount to nothing; and I think if that system is to be pursued the Senate had better abolish the ComContingent Expenses. My idea is to know something about every transaction.
Mr. TRUMBULL. I merely wanted to know the fact whether the bills are approved by the ComContingent Expenses before they are paid. Now, I understand they are. This is the important matter to be had in View
Mr. SHERMAN. I served on that committee once, and I want the Senfrom Missouri to any “other or not purchases are not always made bebre the accounts are submitted for approval, and the contract completed and the property delivered.
Mr. TRUMBULL. I understand all accounts Eass through the ComContingent xpenses; and the importanLmatter to be observed is, that the same person shall not disburse and purchase. If you want a check, one person must buy and the other must pay the money. It will never do to put into the same hands the money to pay for the articles and the purchase of them; because if you have a dishonest Officer I hope we have no such officers; I am only speaking by way of illustration he may give more than he ought to give for the article, and may in some way keep part of the money himself; but if he purchases the article and another 3rd party pays for it, it requires collusion between them all; no money can go to the iurchasing a cot.
Mr. HEND 'lllSON. That is just what we are aimin at now.
Mr. TRUMBULL. I understand, so far as the Sergeant at Arms is concerned, that he does not handle a dollar and never has handled a dollar of the public money. I was somewhat astonished, and I confess to a little feeling when the Senfrom Iowa rose in his place a few moments ago and made this attack I undertake to say unwarranted attack upon the Sergeant st Arms. I have known that gentleman for a narter of a century.
Mr. TRUMBULL. You assaulted him here as not being in his place and not doing his duty.
Mr. TRUMBULL. say he does do his duty. I undertake to assert that he does his dut as faithfully as any officer I ever knew; an I undertake to say here to the Senfrom Iowa that the assault was unjustified, uncalled for, and unwarranted by the fact. Sir, who is your Sergeant at Arms?I have known him fora quarter of a century; and he is as honest as man as an in this Chamber. He has never handled a ollar of the public money. He has no money to lit in his own pocket. {he purchases he may es are not psi for by him. It is said that his duty is to be seated at the right hand of the President of the Senate. I deny it. It is no more his duty to be there than it would be the duty of a general of an army, instead of bein in a position where he could take charge 0ft ewhele army, to march with a unupon his shoulder, or than it would be the duty of a contractor with 100 hands under him to take 1:.shovel and go to shoveling dirt. It is his business, as the executive officer of the Senate, to see that the men employed under him do their duty. How many men has be under him? The Senfrom Iowa probably knows;Ido not; perhaps 40; and having charge of all your committee rooms, having charge 0 all these pages, having charge of all these messengers, seeing that order is preserved throughout the buildin, seeing that all these persons discharge their uties, seeing that the messages sent out by Senators are attended to, and yet it is his duty to sit therel Sir, it is his duty to be in and out of the Chamber, to be about the building, to be wherever duty calls him; and the idea of his sitting there would, as a necessity, take from him the ability to superintend what was going on. Sir, I can see through the bill. What favor ite officer is it that the Senfrom Iowa wants to make a purchasing agent, with a salary of $3, 500?
Mr. TltUMBULL. Then it has been altered, for the printed bill before me gives him a salary of $3, 500.
Mr. HENDERSON. Let me ask the senator, if he pleases, how the mail is now carried; whether it is not done by contract, and whether the law does not require it to be so done?
Mr. TRUMBULL. I suppose it is done under the direction of the Sergeant at Arms.
Mr. TRUMBULL. I suppose he is paid a certain amount; I do not know how much; but I know he has control of it. I know it is sent around by messengers that are employed by the Sergeant at Arms, by one of our officers of whom we have control, and not a purchasing agent who is not under our control at all, a purchasing agent to be appointed by the comContingent Expenses of the senate. The Senfrom Iowa gets up here and charges usuration on one of the officers of the Senate wh0 cannot defend himself, and a the same time modestly asks the Senate of the U.S. to confirm his nomination of a purchasing aventl When did the Contingent Committee of the Senate become the executive of the Senate to nominate to us whom we should confirm? This bill provides that the Senate shall be permitted to elect a purchasing agent, provided they elect one that is nom inated by the Senfrom Iowa; and he talks about usurpationl Was there ever such a thing as that heard of before? I take it, the Senate is capable of electing its own purchasing agent, if it thinks best to have one. We should listen with very great respect to the gentlemen who have framed this bill, in making that election, I have no doubt; we shall be very glad to hear from them as to who is the proper person; but the idea of putting it into a law that the Senate of the U.S. is merely to confirm or not the nominations of this committee is an anomaly in this body. Sir, if I have been betrayed into making any excited remarks or saying more than I intended, it was because of an unjustifiable assault upon a friend of 25 years; and I will not sit still when an attack is made upon a faithful public servant which, in my judgment, is unwarranted and without excuse.
Mr. GRIMES. It is very well, Mr. President, that issues are not to be decided in the Senate of the U.S. by the positiveness of the man who addresses the body or by the vol ume of sound which proceeds from his lungs. If it were so I would acknowledge at once that the judgment should go against me in this case. Sir, whom have I assaulted? When did I assault the Sergeant at Arms of this body? What did I say of him? Did I charge him with dishonesty? Is the Senfrom Illinois correct in making such an issue or attempting to make such an issue as that with me? have I charged him with usurpation? I said this: I said that during the sickness of Mr. Dickins, as I understood, authority was given by the President of the Senate, without having any warrant of law to do it, however, conferring upon the Sergeant at Arms the power to make certain purchases, and that he has continued to make purchases since, and drawn to him and enlarged hisjurisdiction. That is what I said. I said nothing more than that. I did any that his place was in that chair, at the right hand of the President; and when I gave that utterance I heard responses from all the Senators to the rear of me, the men who have been the longest in this body, both the Senators from Massachusetts, and others, and it has been a univer sal remarkamong the older members of this body, that the Sergeant at Arms was not performin his full duty in this regard.
Mr. GRIMES. The Senator has not heard it perhaps. The Senator was not the man whout they would approach. The Sergeant at Arms was brought here as the friend and lienchinan of the Senfrom Illinois, from that State, and Senators did not choose to go to him and lay their charges against the Ser geant at Arms, or make any complaints against him to the Senator. But I have heard it. I have heard it on the floor of the Senate, since this discussion began, from both the Senators from Massachusetts. I say, sir, I have made no charges against the Sergeant at Arms I said he was my personal and political friend, butI chose to speak frankly on this subject, and to saythat I did not think he was performing his full duty to the Senate. He is the executive arm of this body. He is the chief of our olice. His business is here, not down on Pennsylvania avenue or in Wall street making purchases for this body. The Ser gcant at Arms never attempted to fulfill such duties until within the last few years. The Senator makes a great deal of sport of the bill that has been introduced. My colleagues on the committee will bear me witness that I was opposed to that provision that conferred on the ComContingent Expenses the power to select this officer. They insisted that that power should be conferred upon the ComContingent expenses, and over ruled mc, and I consented to t ie proposition. But the Senator says that this Contingent Expenses Committee have authority to make bar ains by which the mails are to be deliv ered. Who delivers the mails now?
Mr. Brown, the Sergeant at Arms; and how much does he get for it? Does the Senator suppose that it would be impossible for the ComContingent Expenses to make arrangements with somebody to deliver the mails to senators at a less rice than
Mr. Brown gets for the hire of his orses?
Mr. TRUMBULL. I did not say a word about the ComContingent Expenses making a contract; I spoke of the agent making the contract.
Mr. GRIMES. Very well; the agent making the contract. Coal not the agent selected by the ComContingent Exeases make the contract just as readily as
Mr. rown, and upon just as favorable terms? Does the Senfrom Illinois know that we have aid to
Mr. YATES. Mr. President, I care not whether the SecySenate or the Scrgcant at Arms makes the purchases. That is entirely immaterial to me. Let it be done as the law provides. Let either of these officers do it. All that I care about is, that in this discussion any question should arise as to the character or the integrity of the officer who has made the purchases; and upon that question I feel it to be my duty to hear my testimony to the high character of the Sergeant at Arms. I have known him myself for 25 years. A man of more spotless integrity and of a higher sense of honor does not live. He possesses a character for integrity as high as that of the Gentfrom Iowa or any other gentleman here. I simply rose for the purpose of saying that I care not who makes these purchases, but I do not. wish it to be inferred from the debate, or from insinuations which have been made, that there can be any question as to the character for integrity of Mr. Brown. While I am up, however, I will say that if we cannot trust the Sergeant at Arms of the Senate, if we cannot trust the SecySenate, those high officers of the body, and have no confidence in their integrity in the management of the affuirs of the Senate and in the purchases that are to be made for the Senate, shall we trust a man who is not an officer of the senate? Shall we go abroad fora. purchasing agent? Shall we throw suspicion upon the character of those officers, and shall we intimate or insinuate that the cannot be trusted in the purchase of the articles which are necessa for the use of the Senate? Sir, I consider the establishment of a purchasing agent an imputation in itself, especially when it is the duty of the officer now, whether it be the SecySenate or the Sergeant at Arms, to purchase these articles without additional expense to the Senate.
Mr. GRIMES. Will the Senator permit me to an gest to him that the Sergeant at Arms and the Secretary are not the only ones who make purchases? There are 3 or 4 more. Everybody makes purchases for us, almost.
Mr. YATES. I understand that. There are certain particular qualifications which the purchaser of these articles should possess. He should be a business man, perhaps; but such a man is always employed by the SecySenate or by the Sergeant at Arms in making these purchases. He is simply a superin tendent 0 this matter. Now, sir, an intimation or an insinuation may do a good deal ofharm, as, for instance, that the Sergeant at Arms has purchased fort hair brushes.
Mr. GRIMES. I said there had been purchased by 4 different nrties about 90. There were 4 differentplllS presented to us, runnin through the some months.
Mr. YATES. About 90 hair brushes. That may seem very extravagant at 1st blush; and yet when we cousiderthat every committee room must be supplied, orought to be supplied with a hair brush, that the ante rooms should be supplied with hair brushes, that the bath rooms should be supplied with hair brushes, the office of the Sergeant at Arms, the postoffice and barber shop, &c., it will be seen that such an intimation may convey to the public mind an idea that there has been gross extrav agance and a wasteful expenditure of the money of the people. when the cor has simply been discharging his duty fait fully, and buying no more articles than were necessary to the use of the various depts of the Senate. For theseand many other reasons, sir, I prefer the bill of the Senfrom Ohio. I simply rose, however, to Sayhere that the character of George T. Brown is above suspicion; that he is a man who sustains a high character and has alarge influence in the State from which he comes: and Ifelt it my dut to say this much in his vindication, provided these charges are to be considered as assaults upon him.
Mr. SHERMAN. I believe that this amendment is proposed on the miscellaneous appropriation bill, which has been lost sight of to some extent.
The PRESIDING OFFICER. The pending question is on an amendment to an amendment.
Mr. SHERMAN. There is one long bill offered as an amendment to the miscellaneous appropriation bill, and then another long bill offered as an amendment to that amendment. Now, sir, it is very important if we intend to pass the miscellaneous approprintion bill that it. should. be passed to nig t. All the numer ous amendments that have been acted upon by the Senate for several days past must be acted on in the House tomorrow or the next day. We adjourn on Saturda at noon. It is mani fest, therefore, that this discussion ought to come to an end. My 0 inion is that neither of these bills ought to e attached to the appropriation bill, and that several other amendments put upon it ought to be stricken off in the Senate, so that this bill may be stripped a little and sent to the HoRep. I hope that we may now have a vote on this question, and that we may be able to pass the hill to night. I am told by members of the House that the number of members is decreasing and there may be a possibility of being without a quorum in the last stages of the session,0.contingency that has happened several times. I hope, therefore, we may get through with the bill to night.
Mr. DOOLITT E. I desire to say, some what in the same line of remark with the Senfrom Ohio, that if the bill which has been reported by the special committee in regard to the Senate employees is put on this miscella neous appropriation bill as an amendment, I shall feel it to be my duty as the chairman of the special committee on the subject of the reorganization of the Interior Dept to move the bill reported by that committee as an amendment. It is just as necessary that that should go in as this, indeed more necessary, if this kind of legislation is to be attached to the appropriation bills at the close of the session. I confess, for one, that I am entirely opposed to that mode of proceeding; I do not think it is right. These matters ought to be determined upon bills appropriately considered by themselves.
Mr. HENDERSON. I wish to say for the ComContingent Expenses that we examined this measure with a great deal of care; we have presented it to the Senate; and if it is not adopted here it will not be adopted at all. I have nothing to do with any fight as to the character of Mr. Brown or any other officer. As a member of the ComContingent Expenses I ask the Senate to discharge that committee from any further duty unless you adopt such laws that we can compel the officers to make reports to us so that we can know what we are doing, because I confess to the Senate that I do not know how your contingent fund is expended today. The Senfrom Ohio [Mr. WADE] proposes an increase in the officers that the comContingent Expenses is not willing to grant; it is too large. He proposes to grant from 15 to 20%. more than we allow. His colleague [Mr. SHERMAN] says “ Let us get rid of this thing.” Does he not know that the HoRep have senthere anotherappro riation bill, which his ComFinance iave been considering, in which they propose to pay all their clerks and employees 20%. additional; and it will make no difference if that committee reports against i‘tI Do you not know that the HoRep have increased the pay of their clerks and have been paying a large increase during the whole session, much beyond what we are paying here? You had the same controvers nfew years ago; and in order to prevent the house from doing such things the iinance Committee secured the insertion, a year or 2 ago, of aclause in one of the appropriation bills, declaring that no amount should be'drawn from the contingent fund of the House in order to pay their clerks. Now, what have the House done? They pay their clerks whateVer they choose. not from the contingent fund but from the salary fund.
Mr. HENDERSON. It has been done, and you cannot get the money back.
Mr. SHERMAN. But they now see the difficulty they are in: the accounting officers will not pass the accounts, and they ask us to make an appropriation.
Mr. HEI‘IDERSON. that very difficulty came up here once before, and the Senator knows very well, as I do, that the Senate had to yield. 1
Mr. TRUMBULL. And the Senfrom Ohio recommended that we should yield.
Mr. SHERMAN. No, sir, never. I would never have yielded on that matter until the Capitol crumbled.
Mr. TRUMBULL. I knew the Senate gave it up; Ithought the Senfrom Ohio had proosed to do so.
Mr. HENDERSON. The Capitol will crumble unless you agree to what the House has done, foryou cannot et back the money from these men. Look at. the compensation allowed to the House clerks. The chief clerk, whose pay by law is $2, 160, has been receiving all the session at the rate of $8,000; the Journal clerk, whose legal salary is $2, 500, they have been paying $3, 200; the reading clerk, whose legal salary is $2, 160, they have been paying $2, 500; his asst, who is entitled to $1, 800 by law, they have been allowing $2, 500; the tally clerk, whose legal allowance is $2, 160, they have been paying $2, 500; the asst disbursing clerk, whose legal compensation is $1, 800, they allow $2, 600; and so on through the list which I have in my hand, certified by the Clerk of the HoRep. The Senfrom Ohio knows ie cannot get back that money paid to messengers and pages and others by the other House. Now, this proposition is not to make the salaries of the oliicers of our branch of Congress equal to theirs, but to elevate them somewhat, leaving a section for the House employees blank, for the House to fill up.
Mr. WADE. I wish to inquire of the Senfrom Missouri, npon what principles does he increase the salaries? What% age does he add? '
Mr. WADE. I have not compared the bills, but your compensation is as large as mine.
Mr. WADE I have not compared them, but I understood it to be so.
Mr. HENDERSON. ere is the chief clerk, Mr. MCDonald, whose services I know are worth all that the Senator proposes to give him; he puts it. at $3, 200 we put it at $3,000. He puts the principal legislative clerk at $8,000; we put it at $2, 500. He puts the principal executive clerk at $3, 100; we put it at $2, 500, which is a difference, of course, of $600. He gives to the SecySenate 9 clerks; we give him eight. He puts their compensation at $2, 500; we put it at $2, 200. That is thpl difference, and it runs clear through the bi s.
Mr. WADE. That 9th clerk was because there had been a temporary clerk all the time, and we supposed he might as well be made permanent.
Mr. HENDERSON. It is lying here before me; I have not footed up the figures; it would take me too many days to do it. I have not had an opportunity to do it. The honorable Senfrom Illinois asks whether the ComContingent Expenses cannot know what is going on. I want to say to the honorable Senfrom Illinois thatl do not know, I cannot know, and I will tell him why. The law which lie just now read requires that in the purchase of stationer, for instance, the SecySenate sha l advertise, and he shall purchase the stationery from the man who makes the lowest bid. Is there any member of the Contingent Expenses Committee that ever saw a bid? I ask the honorable Senfrom Ohio, [Mr. SHERMAN, ] who used to be upon that committee. Did the Senfrom issouri, [Mr. BROWN, ] who served upon it, ever see one of them? I never saw one of them. I never saw a bid for any article.
Mr. HENDERSON. We pay for the adver tisin, but I never saw the hi s. I know nothing a out them. We pay 3 or 400 dollars for advertising every year, and I never saw one of the bids.
Mr. BROWN. I do not know where they are now.
Mr. HENDERSON. They are not there now. I have never seen one of them. The coal is purchased by Mr. Brown, and I have no douliit honestly purchased; I have never seen anything to the contrary; and he purchases the wood; but I never saw an advertisement for bids for those articles. I have audited the claims for advertising in the news aers here, but I never saw a bid. whhether the liid) accepted was the lowestorthe highest bid, I do notknow. Now, I beseech the Senate, if they have any use for a Contingent Expense Committee, to nuodify the law so as to make it the duty of those offioers to report to usthe amount of their purchases and how they expend the money. know nothing about it, and no Senator in this body does know now. Ifyou want to give the making of purchases to Mr. Brown, do so; if you want to give it toMr. Forney, do so; all ask is that you shall adopt some provisions l of law which shall require them to report to the Contingent Expense Committee, so that.we shall know what is oing on.
Mr. TRUMBUL. I think that is proper. There is no objection to that.
Mr. HENDERSON. If the Senator has no Objection to that, let us adopt the measure I have offered. So far as the clerks are concerned, it is carefully graded.
Mr. BROWN. Adopt it with that amendment.
Mr. HENDERSON. I have already demon strated to the Senate that if you make a purchasing ngent you diminish instead of increasing expenses. If Mr. Brown makes the purchases, he must. have a clerk; if another man makes them, it only amounts to employing a clerk.
Mr. Brown cannot make the purchases and make to us the reports we require without additional help, an every Senator knows it.
Mr. HOWE. On the question of cost, as I read the proposition submitted by the Senfrom Missouri. it provides for n. purchasing agent of the Senate with a salary of $3,000, with a clerk at $1, 800, a messenger at $1, 200, and a page at $730.
Mr. HENDERSON. Only 3 officers, the purchasing agent, a clerk, and a messenger; the rest is stricken off. We strike off the stationery clerk. We have stricken off the superintendent of the furnaces, and asst superintendent, and various other oliicers. The Senfrom Ohio prooses several clerks which we have stricken o. The cost is no more. If the Senate has any confidence in the committee, of course they can take the assurance of that committee that the cost is.l less. I state it upon my responsibility, I state it. from an examination of the facts, that the cost under our bill is less than it is now. We have cut off various supernumerary officers, and we shall get alon a great deal better. If you wish to put Mr. Trown under bonds and require of him to make these purchases and reports, ifyou wish to take it away from the Secretary, to whom it now lawfully belongs, be it so. I do not. desire to make that difference between the 2 officers. I do not desire to reflect upon
Mr. Ferney. I know he has feeling about it. I do not desire to reflect on
Mr. Brown; but we thought to avoid the difficulty by decreasing the expenses of the body and making an officer who would be responsible to this body under his bond.
Mr. BROWN. If my colleague will permit me, I will ask him right there how he makes it out that the striking out of a purchasing agent at $3, 500 would not reduce the expenditure under his hill just that much. Suppose you devolve these duties on the Sergeant at Arms and strike out this additional pay of $3, 500, does it not reduce the expense under your amendment just that much?
Mr. HENDERSON. Will the Senator tell me why this anxiety to have the Sergeant at Arms perform this duty when his duties, as the committee supposed, were to serve the procekes of the body and to remain in the Senate?
Mr. BROWN. That is another question. We are talking about the question of expense now.
Mr. HENDERSON. I have stated again and again the offices that we have gotten rid of by virtue of this bill.
Mr. HOWE. Now, I wish the Senator to state once more what officers are got rid of who are now employed in making these purchases.
Mr. HENDERSON. We got rid of the stationery clerk, to begin with.
Mr. HOWE. He is not employed in mak in purchases.
Mr. HENDERSON. The stationery clerk does make purchases of stationery, as I understand, under the direction of the SecySenate.
Mr. HOWE. Very well. Now, what is the salary of the stutioner clerk?
Mr. HENDERSOi. The salary now is $1, 750, but of course if we retain him we have got to increase his salary with the rest of them.
Mr. HENDERSON. No, $2, 200. If you retain this man you must increase his salary nearly in the neighborhood of the purchasing agent.
Mr. HENDERSON. You get rid of the superintendent of furnaces.
Mr. HOWE. Is he engaged in making these purchases?
Mr. HENDERSON. Certain] not. I am not talking about the exeiise of the particular matter of purchases; was speaking of the bill of the Senfrom. Ohio. He proposes to have an additional clerk to the Sergeant st Arms, and I tell the Senator now that if he devolves this matter on the Sergeant at Arins he must give him aclerk.
Mr. WADE. No doubt about it. He ought to have one.
Mr. HOWE. Letustreatthis matterfrankl. We somehow or other have the purchases made with the present force, and we do not em lay the superintendent of the furnaces in ming them
Mr. HENDERSON. The committee instructed me to report this bill. They examined this subject carefully and they have reduced the expenses. They believe there ought to be a superintendinrr officer for this business That is the opinion of a standing committee that you have appointed to investigate this matter. I am not going into details; but if the Senate insist upon it Iwill do so. I am not going to discuss this subject of contingent expenses; but I say to the Senate that a standing committee of this body have investirated it and they believe that this ought to be one, that it is for the economy of the Senate; they believe that it is proper and necessary in order to bring economy into our expenses. That is what they have instructed me to do. The Senate have it before them and they can dons they lease.
Mr. FESSENDEN. I wish my friendfrom California would allow me to say one word before he oes on.
Mr. Congress. The Senatoralwaysspeaks so well that I shall be lad to hear him.
Mr. FESSENDEN. do not desire to speak, but I wish to point the attention of the Senate to the fact that it is now 11 o’clock, and if we expect to get through with the business of the session at the time we have fixed we must finish this bill to nigbt. At the rate we are going on we shall not get through with it. These matters have been fully discussed, and if every body makes a speech about them we may just as well give it up 1st as last and I do pray the Senate to have a little forbearance in the way of discussion of these matters and come to a vote upon the questions.
Mr. COLness. I suppose that speech is intended for me. in the main.
Mr. FESSENDEN. Notat all. It was not. intended for the Senator, because he had not begun, but it was intended for the whole body, if the Senate will allow me to say so and not quarrel with me for saying it. If the Senate chooses to sit all night, so c it; but that must be the inevitable consequence at the rate we are going on with this bi l.
Mr. CONNESS. I rose to make a speech, and I intend to make It. It will be avery short. one. I shall make the one I rose to make not withstanding the very good one we have heard from the Senfrom Maine. rose to say that the Senator erLoamugMhitsesroJuri should not complain and refuse to bring the details of the business of his committee into ‘the Senate Chamber after he had already introduced combs and hair brushes this evening. I think the details of that committee’s business have been brought in here to too great an extent, and, for one, I rose to so that I was rather tired of it, and hoped we ould get to voting. Now, Mr. President, I wish to say to the Senfrom Maine that that was the speech I rose to make. [Laughter]
Mr. FESSENDEN. Itisavcry goods cech. If you would only always make as goo ones, you would do very well. [Laughter]
Mr. BUCKALEW. I rise for the purpose of proposing a modification or 2 before the vote is taken, not to speak. On the 4th of the amendment, in the 22nd piangc, e after the word “person, ” I move to insert “other than Senator.”
The PRESIDING OFFICER, (Mr. Pounnor In the chair.) The modification can be made by unanimous consent, no amendment being in order.
Mr. BUCKALEW. This amendment will narrow the requirement of a regular requisition for articles to the oliicers and other sons besides Senators. That was the lcaing design, of course, of this section.
The PRESIDING OFFICER. the modification will be made if no objection be interposed.
Mr. BUCKALEW. I suggest also to the chairman to omit the latter part of the 3rd section commencing with the word “said, ” in the 7th line, authorizing this agent to employ horses and contract to carry the mails. The sum total of expenditure under that head is not veryconsiderable, and although I agree with the lSenator in the opinion that it might be well enough to bring that subject under the general purview of the section, it is not mate rial, and as it is a matter of debate it had best be omitted.
The PRESIDING OFFICER. That further amendment will be made if there be no objec‘tion. 'Is there any objection?
Mr. HENDERSON. I will make no objection to it.
The PRESIDING OFFICER. The modification is made.
Mr. SPRAGUE. I am very sorry to detain the Senate a moment; but as this is a bill to raise compensation, and it is also a bill under which if one person’s compensation is raised others who perform like uties also claim to have their compensation raised, I desire to call the attention of the Senate to the fact that there are 8 special and additional messengers who have performed duty the some as those provided or by law who are not paid, and whose compensation is not increased by the bill under consideration; and if it was in order I should deem it my duty to offer an amendment of this character: Special or additional msssomrersof the Senatenot provided for in this act shall receive25%. in addition to their present compensation. I ask the Senfrom Missouri to permit that amendment to go into his bill to provide for the 8 additional messengers who have been appointed from session to session for many years. They are now upon duty here, and have been during this whole session.
Mr. SPRAGUE. I do not know where; but the Sergeant at Arms says they are here. I have a memorandum. “The additional mes sengers are not affected by the bill of Mr. WADE or Mr. Hssnnasou;” so that there are 8 of these gentlemen who have served the Senate faithfully, as faithfully as any that are provided for in this bill, that do not, under the bill reported by the ComContingent Expenses, receive compensation; and I hope, therefore, the Senator will permit this amendment to be made.
Mr. HENDERSEN. I was not aware of the fact that there were any additional messengers. The committee undertook to define the number of these officers, so that we could get rid of a difficulty upon this subject. Wherever an officerwants to employ additional men some how or other he finds authority, and we thought we would get.rid of that thing and define the into it. exact number of officers. We did not know that there were 8 additional messengers, and we do not know where they are employed. If they are employed, I have no objection to increasing their compensation along with the others; and if the Senator will so modify his amendment as to say, “any messengers who may be employed under proper authority, ” I shall not object; but I do not know under what authority, and it seems he cannot tell me, these messengers were appointed. I know nothing about it. If they have been appointed, they ought to be paid.
Mr. SPRAGUE. I can only say that these additional messengers have been employed for a good many Congresses, if not by law, by precedent, not alone by the present Sergeant at Arms, but by his redecessor.
Mr. HENdER‘ON. I suggest to the senator that he let it remain and we will inquire We will take a vote now and when the bill comes into the Senate, I will look into that matter and I will see Mr. Brown and see if there are additional messengers. I have no doubt we can confer and provide an amendment to meet the cases. let my amendment be voted upon now as it is.
Mr. HO E. Iwant to inquire, simply, if the amendment offered by the Senfrom missouri shall be adepted as an amendment to the amendment of the Senfrom Ohio, will this be subject to amendment.
The PRESIDING OFFICER. It will be subject to amendment in the Senate, the Chair on: erstands.
Mr. FESSENDEN. I hopewc shall cut the knot by rejecting the whole. If we expect to get through with this bill at this session it is absolutely necessary that these subjects should not go upon it. The Senfrom Wisconsin has given notice of what he will do if this goes on; other Senators probably will do similar things. It has already been suggested to me that the bill reorganizing the Treasury Dept ought to go on this bill. We shall have, I suppose, then, the honorable Senfrom Massachusetts [Mr. WILSON] with a bill reorganizing the War Dept, with just as much sense, and then the State Dept.
Mr. FESSENDEN. I hope it will be got off when we go into the Senate.
Mr. FESSENDEN. IVe will try, anyhow. Now, the question is, do the Senate mean to finish or pass the bill at this session? They have already begun to see and to feel, I think, the utter absurdity and folly of this kind of legislation. It begins with one Senator; he disapproves the principle, but he has something that must go on; another Senator disapproves the principle; he does not like it, but is has something that must go on, and so we load an appropriation bill down with these bills that could not pass, perhups, in any other wav, and make very bad legislation. This bill should go to the House tomorrow ifwe expect to pass it at all during this session; we have fixed teday of adjournment, and yet gentlemen Yet severe in putting on these bills. I really hope that the Senate will just vote down this and every thing connected with it, and also vote down all other propositions of the kind if they expect to get through. I appeal to the majority, if you want to pass your appropriation bills during this session before we adjourn, just assume the position that you ought to assume and enforce the rules and understanding in regard to these bills and keep these extraneous matters oil“. I have, so far as I have had a chance to vote when I have been able to be here, voted against the whole of them, and I shall continue to do so, because experience has satisfied me of their utter impropriety and the embarrassment that arises from them. Here we are, nearly at mid night, discussing this matter, and every other thing that is offered will be discussed in the some way. Now, I beg Senators not to say that the chairman of the ComFinance is manifesting his usual temper on this matter: he cannot stand anything at all. I think I have stood it quite respectably.
Mr. WADE. Well, just quit talking and we will all agree. [Laughter]
Mr. FESSENDEN. If you will be agreed to what I propose, I will not only quit but I will engage to be good natured for the rest of the evening. [Laughter]
Mr. HENDRICKS. I think the suggestion of the Senfrom Maine ought to be respected by the Senate. Idesire to see a bill something like this ass, mainly to provide for the very cllicient c iief clerk here, who does the duties that are discharged in the HoRep by 3 clerks. But an appropriation bill ought to be an appropriation bill); it ought not to be a legislative bill; and although I am in favor of the bill of the Senfrom Missouri, in its main features, I think it ought not to be attached to an appropriation bill. It ought to stand upon its merits; but if anything of the kind is to be passed, I think it is better than the bill of the Senfrom Ohio, because it seems to bea well considered measure.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Missouri, to the amendment. The amendment to the amendment was rejected.
The PRESIDING OFFICER. The question is now on the amendment of the Senfrom Ohio, [Mr. Wann]
Mr. WADE. I wish barely to say that if we are to increase the compensation of these employes, we have got to take this measure or they do not get anything more this session.
Mr. FESSENDEN. The House employes will not get anything more.
Mr. SPRAGUE. I must offer the amendment I)fOPOSEd.
Mr. FESSENDEN and others. Offer it in the Senate.
Mr. SPIl A GUE. On page 8, after line 38. I move to insert: The special or additional messengersof the Senate not providedfor in this act shall receive25%. in addition to their present compensation. The amendment to the amendment was rejected.
Mr. SPRAGUE. That ought to be adopted any. M
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Ohio.
Mr. WADE. I ask for the yeas&nays. The yeas&nays were ordered.
Mr. UCKALE W. I desire simply to state that the House have put a proposition for increasing the pay of their officers upon the de ficiency bill which comes Illip after t is; and if this question is to be raise anywhere, it ought to be there. The question being taken by yeas&nays resulte ycas 19, nays 20; 11. So the amendment was rejected.
Mr. POLAND. I am directed by the ComJudiciary to propose a single amendment as an additional section: SEC. Abife: That thesolicitor of the courtfnr the investigation of claims against the U.S shall receivean annual salary of 84.500a.nd the deputy solicitor ofsnid court shall receive an annual salary of 3, 500t, o bepaid quarterly from the Treasury of the U.S. out of any moneynot otherwmoappropriated. This matter came before the ComJudiciary and was very carefully examined, and we reported a bill on the subject. which, by direction of the committee, I was instructed to propose an an amendment here. It raises the salary of the solicitor $1,000 and the sal take in the House; and they want it ary of the deputy solicitor $1,000. I think the l compensation is no more than they ought to have. The amendment was rejected.
Mr. WADE. I offer this amendment, to come in after line 118, on page 6: For compensationto the consul at Quebec, in Can ada. $1,500. I am told that this item was omitted from the consular and diplomatic bill bya bare misnt on here. as there is no other chance for it. It ought to be done.
Mr. SUMNER. The Senator is right. A gentleman on the part of the House intended to have it inserted, but in making up the report of the committee it did not appear on the record of the House.
Mr. SUMNER. It is one of those consul ates that had $1.500 during the war, and the salary has ceased.
Mr. SHERMAN. Is it reported from any committee? It is not in pursuance of law.
Mr. SUMNER. No; it is not in execution of any law.
Mr. SUMNER. It is to correct a mistake that was made. A gentleman on the part of the House brought it to the Senfrom Ohio and myself, and said they wanted the mistake remedied.
Mr. FESSENDEN. The amendment is clearly out of order. It is not recommended by any committee, and it is not in pursuance of any law or treaty stipulation.
The PRESIDENT protempore. If that be the case the amendment is not in order.
Mr. SPRAGUE. I am instructed by the ComMilAffrs to move the following amendment as an additional section: Abife: that the sumof $8,000 is herebyappropriated.out ofany moneyin the Treasury not otherwiseappropriated.for the preservation of the harbor of Pmvincctown. Massachusetts.the same to be expendedunderthe supervision of uenm missionor board of officersto be appointed by the SecyWar.
Mr. SHERMAN. I should like to know how the Military Committee got jurisdiction of that matter.
Mr. SPRAGUE. It was referred to them by petition from the Legislature of Massachusetts.
Mr. SPRAGUE. Ye; and by them referred to the SecyWar; and I hold in my hand his communication.
Mr. FESSENDEN. It should have gone on the river and harbor bill. We cannot put such items on this bill.
Mr. SPRAGUE. The ComMilAffrs referred this matter to me' but when the river and harbor bill was considered by the Senate I was necessarily absent, and I have had this amendment in my desk ever since. The work is a very important one, one that affects the whole NewEngland coasting trade in the same way that the Delaware breakwater affects the southern coasting trade. This will save the Government an immense sum of money, which otherwise it will be called on hereafter to appropriate, for it is to preserve a natural tongue of land from being washed by the water, and thereby save us from the mess sit of very much larger appropriationS.R.FESSENDE. It can well enough stand over till the next session.
Mr. SPRAGUE. If it is in order, I hope it will be put here.
The PRESIDENT protemporc. No question of orderis raised on the proposed amendment.
Mr. SPRAGUE. I send to the desk to be read a communication from the engineer dept on the subject.
Mr. FESSENDEN. Oh, do not have that long communication read. We take it for Is it for the salary of this granted that you state the facts correctly;
Mr. SPRAGUE. If you will let the amendment go on the bill I shall not ask for the read in“. in. FESSENDEN. I cannot let it go.
Mr. SPRAGUE. Then I insist on the reading of the letter.
Mr. FESSENDEN. The reading of that long document at this time of night is argument enough against the amendment. [Laugh Mr. The amendment was rejected.
Mr. RAMSEY. I now offer the amendment which I submitted this afternoon, but was laid aside after the recess. It is to insert after line 218, on page 10: For alighthouseatGrandPortage.mouthofPigeon rLiivgehrt. MHoinunseesota, $6.000s.ubjectto the approval of the Board asto the necessityot this light. There is a short letter from the chief of the LightjHouse Board than can be read. [“ Oh, 71 a
Mr. SHERMAN. The Senator told us the appropriation had been made twice but they had refused to expend the money.
Mr. RAMSEY. lt lapsed into the Treasury and was not spent on account of the war. The amendment wits re'ected. The bill was reporte to the Senate as amended.
The PRESIDENT protemporc. The question is, Will the Senate concur in the amendments'inude as in ComWhole? If Senators desire a separate vote on any particular amendments, they will now designate them.
Mr. SHERMAN. I desire a separate vote on 2 of the amendments, the one in regard to the pay of the clerks of the State Dept, an the other in regard to the compensation of members and Senators.
Mr. CHANDLER. I desire a separate vote on the amendment which struck out lines 244 and 250, on page 11, being the clause granting certain compensation to the ComrGLO and chief clerk of the GLO.
Mr. FESSENDEN. I ask for a separate vote on the amendment in regard to the Michigan cavalr.
Mr. TRUMBULL. I desire arseparate vote on the appropriation of $1, 600,000 to rebuild the levees on the Mississippi river.
The PRESIDENT protempore. The question is on concurring in the amendments which have not been specially excepted. The unexcepted amendments were then concurred in.
The PRESIDENT ro tempura. The excepted amendments Will now be read in their order. The Secretary proceeded to read the amendment to insert after line 72, on page 4: For reconstructingand repairing the leveeson the Mississippi river, in the Statesof Louisiana, Mississippi, an Arkansas, 81,500,000
Mr. TRUMBULL. It is not necessary to read the amendment at length. We all understand what it is. I ask for the yeas and nnys upon concurring in it. The yeas and nnys were ordered; and being taken, resulted yeas 30, nnys 6; 14. So the amendment was concurred in. The next excepted amendment was to strike out from lines 244 to 250 of section one, in the following words I For compensationto the Commissionerand chief clerk of the GLO (to be apportioned by the SecyInterior.) in consideration of the increasedduties devolving onthemfrom June 7, 1865, to Drocmlie 31, 1865, in connection with the censusof 18603.1.400.
Mr. CHANDLER. I will state that this appropriation r
Mr. FESSENDEN. I think there is now no objection to the appropriation. I am perfectly willing that it should be made.
Mr. SHERMAN. I hope the amendment will be rejected. The amendment was non-concurred in. The next excepted amendmentwas to insert as an additional section: Abife: That therebe paid to the several clerks of the deptofState 20%. of the compensationnow allowed to cae. to commencefrom the 30thof June. 1865, and to continue until repealed by Congress, and a sum sufficient for this pm)088is hereby appropriatedout of any moneysin the Treasury not otherwise approprinted.
Mr. SHERMAN. All I wish to say is, that the different bills on the subject of increasing the pay of the clerks in the different Depts of the Government have, as I understand, been either postponed or rejected in the other House. It has been so in regard to the Treasury and Interior Depts, and therefore it would be manifestly improper to increase.the compensation of the clerks in the State Dept, when the others are not roWided for. All ouoht to stand on the same ooting.
Mr. SUMNER. I do not feel that it is man ifastly improper. On the contrary, I feel that this appropriation is manifestly proper. I do not wish to take time in arguing it. I presented the facts when it was under consideration before, and though I think the Senfrom Ohio attempted to answer it, I feel sure he did not succeed. The case is peculiar. These clerks are few in number. They are not so numerous as those in the Treasury Dept.
Mr. SHERMAN. They get higher pay in proportion.
Mr. SUMNER. I beg the Senator’s par don. There are no heads of bureaus in the State Dept. In the Treasury Dept, I need not remind the Senate, there are heads of bureaus who have 3, four, 5, and some even 6,000 dollars a year. There is no head of a bureau in the State Dept. Theyare all simply clerks, and nothing‘ more.Mr. SHERMAN. They are the highest grade of clerks.
Mr. SUMNER. That may possibly be the case, but they perform the ighest grade of service. The other day the Senator chose to let drop some remarks in disparagement of what they did. The Senator showed that he was very little conversant with what they did. The service of many of the clerks in the Dept of State is highly intellectual.
Mr. FESSENDEN. A high grade of gentlemen, I suppose.
Mr. SUMNER. No; I do not introduce that element; I say nothing about it. I am speaking in earnest for men who have rendered good service to the State, who are not ade quately paid, who are receiving now what they had before the war, and many of them cannot live on their pay. I do not wish to take up time with this matter.
Mr. GRIMES“ I appeal to the Senator to know if he is willing that I should put on the bill increasing the pay of clerks in the Navy Dept as an amendment to his proposi “On.
Mr. SUMNER. The Senator acts here on his own responsibilitics, and he knows perfectly well what he ought to do and what he ought not to do. I do not know the merits of that case, but I do know the merits of the case which I have presented, and I believe the senate were convinced of the merits yesterday, or the day before, when by a majority of several on the yeas and an s they put this appropriwtion in the bill. Thope it will not now be taken out of the bill. It is perfectly vain to say that the other House has made no appropriation for the In terior Dept, or for the Treasury Dept, of this nature. I did not found this proposition on the argument that the other House had done this or that. As the Senator refers to whatthe other House has done, though, I may remind him that both Houses, on a for mer occasion, appropriated $250,000 for extra compensation to the clerks of the Treasury Dept. The Senator undertook to correct me the other day with regard to that; but the statute book will show that I am right. 250,000 dollars was appropriated for extra compensation in the 'l Treasury Dept. I then showed the Senfrom Ohio that his own bill, which he had charge of in this Chamber, undertook to raise a great many salaries, not in the Depts, but elsewhere, and this very deficiency bill, which we are told is to come forward tomorrow, has a section, section four, which is additional to what has already been provided in a former bill, with regard to the distribution of certain funds among the clerks and employes of the Treasury dept. The Senfrom Maine suggests that I shall put my proposition on that bill. It is already on this liill, and I wish to keep it there.
Mr. FESSENDEN. I hope it will not be ke tthere.
Mr. CHANDLER. It is perfectly evident that if this clause remains in the bill, other' Depts should 0 on it. In the War Dept 3/4ths of the clerks are disabled soldiers, drawing only $1, 200, nearly every one of them. If this provision stays on this bill, I hope you will put on aprovision for the War Dept clerks certainly, if not for the Interior and all the other Depts of the Government. It is simply absurd to say that the State Dept should be on and other Depts 08'. I, hope Senators will either put them all on or strike this off.
Mr. SUMNER. I hope the Senate will be willing to do justice, and if in doingjustice requires that althe other Depts should go on, put them on. I have shown that jus tice requires that the State Dept should go on. I ask for the yeas&nays. The yeas and nnys were ordered; and being taken, resulted yeas 16, nays 22; 12. So the amendment was non-concurred in. The next excepted amendment was to insert as an additional section: Abife: That the compensation of each Senator, Representative, and delegatein Congress shall be $5,000 peryoar aridmileageasnow iro vided by law; and flips provision shall be hcl to operate from the beginning of the 39th Congress.
Mr. HENDERSON. I move the proposition which I offered yesterday as an amendment to that. Iimove to strike out all after the enacting clause of the section and insert: seTnhtaattivtch, eanedomDepleengsaatteioinno Congress esnhaatllorb, eR$eop, roeo0 perunnum, to be computed fromthe 1st day of the present congress, and in addition thereto, mileage at the rate of 20 centsper mile, to bepstimated by thoiicnrest route usuallytraveledin gain: toand returning from the regular session; but nothing hereincontainedshall nffectmileage accounts already accruedunder existing laws: ITovlde'll, That licre after mileage accounts of Senators shall be certified by the President of the Senate, and those of Reprosentatives and Delegates by the Speaker of the HoRep.
Mr. HENDRICKS. I suggest to the Sena. tor from Missouri, that it would be more acceptable to some of us if he would provide that the change in the mileage should take place at the commencementof the next session of congress.
Mr. HENDRICKS. No; Iunderstand that it will take place at the beginning of the next session.
Mr. HENDERSON. The Senate will remember that mileage accounts are due on the 1st day of every session, and therefore the mileage for this session was due last December. That has been drawn and this provision will not affect that mileawe.
Mr. HENDRICKS. fin it will atfect next session’s mileage.
Mr. HENDRICKS. I want to suggest to the Senfrom Missouri that he change his amendment so that the alteration in the mile age shall commence with the commencement of the next conress. '
Mr. WlLSOi.Isuggest to the Senfrom Missouri that he make it ten cents a mile east of the Pacific coast, and 20 cents for those from the Pacific coast.
Mr. SHERMAN. That would assimilate it to Army mileage.
Mr. WILSON. During the war we gave to Army officers 6 cents mileage east of the Rocky mountains and ten cents beyond the mountains and on the Pacific coast; and I think that distinction is proper to be made as to members of Congress, at any rate for the present, because a member who comes from the Pacific coast, no matter what may hap co to his business at home, cannot go there during the session. I think some increased allowance of that sort should be made to members coming from the Pacific coast, and I would give them 20 cents a mile, and to those east of the mountains ten cents. Chanved in that way I think the proposition will add very little to the average exuse of Congress and will give fairer pay an more equally distrib uted than that now allowed.
Mr. SHERMAN. I like very much the suestion of the Senfrom Massachusetts. It Is important that we should have this matter as near right as we can. This distinction between the Pacific coast and the Atlantic coast has been made in military bills for years and it is founded in reason. I think thata mileage of ten cents a mile on the Atlantic coast and 20 cents a mile on the Pacific coast is fair and just, and I think probably the Senfrom Missouri ought to modify his amendment in that way, but if he does not we can amend it afterward if it shall be adopted.
Mr. HENDERSON. Let me say to senators that this measure must go to the HoRep, and finally to a committee of conference, and that committee can takethis suggestion into consideration. The suggestion is perhaps every good one, but Senators should remember that no matter what we adopt here, the House is to act on it, and it will be subject to revision in the conference committee.
Mr. HENDRICKS. I do not believe in that way of legislating.‘ I am in favor of making it as near right as we can. I move to add a proviso that the mileage of members comin from east of the 100th meridian shal be ten cents and those coming from west of the 100th meridian shall be 20 cents a mile.
Mr. HENDRICKS. Nevada is not on the Pacific coast.
Mr. SHERMAN. But the members from Nevada have to come that way.
Mr. HENDRICKS. By fixing the one hun‘ dredth meridian I think we shall have it right.
Mr. SHERMAN. This law will last for years probably, but the 100 th.meri dian will be reached in one year by railroad.
Mr. HENDRICKS. Very well; I am not particular about the words. I will adopt the suggestion and move this proviso: Provided, That the mileageof membersof Comrress from the pacificcoast shall be 20 centssmile.
Mr. HENDERSON. All mileage under my amendment as it stands is 20 cents a mile.
Mr. HENDRICKS. Then I move to amend by ’striking out “ 20 ” and inserting ten.
The PRESIDING OFFICER. As the prop position of the Senfrom Missouri is an amendment to an amendment, an amendment to it would be in the 3rd degree, and therefore not in order.
Mr. HENDERSON. In order to gratify Senators, it‘ they insist upon having their own milea e reduced to ten cents, I will modify my amendment. M original view of the subject was to reduce alf' mileage to ten cents, and I modify my amendment in that way.
Mr. HENDRICKS. I do not think it is right to fix ours at ten cents and make no further provision forthose on the Pacific coast. I am not willing to vote money into my own pocket out of other Senators’ pockets. '
Mr. HENDERSON. Iwill modify my amendment, by providing ten cents mileage instead of 20, and then by providing that Senators, Representatives, and Delegates living west of the Rocky mountains shall have 20 centsa an e.
The PRESIDING OFFICER. The question is upon the amendment of the Senfrom Missouri, as modified, to the amendment made as in ComWhole.
Mr. Wi’ILLEY. Before the vote is taken I desire to say that the Senfrom Missouri PMr. BROWN] was compelled to retire from the hamber on account of the condition of his health, nndI agreed to pair 05' with him. I do not know exactly how he would have voted on this particular amendment, but as I paired with him on the main question the amendment adopted in ComWhole I decline to vote on this question. The question being taken by yeas&nays, resulte yeas18, nays 19; 13. So the amendment to the amendment was rejected. The question recurring on the amendment made as in ComWhole.
Mr. SHERMAN called for the yeas and no 5, and they were ordered. The Secretary proceeded to call the roll.
Mr. WILLEY, (when his name was called.) I have already stated that the Senfrom Missouri [Mr. Buowx] retired from the Cham her in cons nence of indisposition, and that I was paired With him. Ifhe were here he would vote in favor of the amendment and I against it. The result was announced yeas 18, nays 19; 13. So the amendment was non-concurred in.
Mr. DAVIS. I move toQeconsider the vote previous to that just taken.
Mr. SHERMAN. That is not necessary. The bill is open to amendment, and that prop position can be offered again.
The Secretary read the next excepted amendment, as follows: Abife:, That there is herebyup pi opriuted for payment of travellin expenses of tahlreymembersof the 1st regimentof Michigan env from the place in Utah where they were mustered out of servic in the year 1866to the placeof their enrollment, a sumsutficienttoallow eachmember 8325 deducting therefrom the amount pnid to beyachfor commutation of travel pay and subsistence the Governmentwhen thus mustered out and that the accounts be settled and paid under the direction of the SecyWar.
Mr. SHERMAN. Since this question was discussed before I have become satisfied that some allowance ought to be made to the soldiers that were scattered in Utah, but I think this provision has not been sufficiently considered. There are several other regiments in the same predicament, and I hope the Senfrom Michigan will allow this to go over to the next session. from the examination of the papers, I have no doubt some allowance ought to be made to these soldiers for their expenses. but it had better be a general provision which would include all the regiments disbanded in Utah. I think it had better be allowed to go over until the next session. The sum fixed is an arbitrary sum, $325. It may be too much in some cases.
Mr. HOWARD. I suppose every case of this kind will necessarily stand upon its own merits, and whenever any other soldiers who have been treated asthe 1st re"iment of Michigan cavalry has been present their claim here shall be very willin to come to their aid. I do not conceive it who easy to frame a general act which shall incetall cases. Atallevents, I prefer to have a vote taken on the amendment which I have presented, and I assure the Senate that the amount contained in it is supposed by the committeeto have been just about the amount the members of that re iment necessarily expended in i etnrninv to t cir homes from Great Salt Lake City, in Iftah, where they were mustered out. It simply indemnifies the soldiers of that regiment.
Mr. CHANDLER. I desire to say that these soldiers had served' 5 years; they had done distinguished service for 5 years, having re'enlisted as veterans. They supposed their time was out before they were marched to Salt Lake. While at Salt Lake, as the letter of GenlSherman informs us, their horses were taken from them and they were informed thatif they remained in service they would have to march on foot; having ridden live years on horseback their horses were taken from them because the Government required the horses at Salt Lake. They supposed their expenses would be paid home, and they accepted the muster out not knowin that they were to receive 1/3rd, or a litt c more than 1/3rd, of their expenses. They came home after 5 years of service ragged and without a dollar, a single man of them. I hope the Senate will do an act of justice to one of the best regiments in the service. Their 1st colonel was killed at the 2nd battle of Bull Run and they lost 2 or 3 colonels ufterwar. They were decimated 4 times; over 3,000 men were enlisted for that regiment.
Mr. SPRAGUE. I hope this amendment will be made. There is one point in it which is worthy of consideration. Every Senator knows how anxious the troops were to be mustered out of service at the close of the war, and they would sacrifice anything rather than be kept in the service beyond that time. I think it is a just claim, and out to he put upon this appropriation bill. The amendment was concurred in.
The PRESIDENT protempore. All the amendments made as in ComWhole have been disposed of.
Mr. HENDERSON. I now offer as a separate amendment the proposition which I of fered before as an amendment to the amendment of the Senfrom Delaware. I
The Secretary read the amendment, as fol ows: Abife: That the compensation of each Senator Representative, and Delegatein congress shall be$5,00operannum. to becomputedfrpm tthheerfiertsot, do of the present congress and in addition mileageat thernte of 20 centsper mile to be estimatedby the nearest routeusuallytraveled in goingto and returningfrom each regular Session: but nothing herein contained shall alIoct mileage accountsalreadyaccruedunder existing laws: prom'ded, That liercafter mileage accountsof Senators shall be certified by the President of the Senate, and those of Representativos and Delegatesby The SPEAKER of the ousoofRepresentatives.
Mr. HENDRICKS. I move to strike out “ 20 ” and insert “ten, ” and also to add that members west of the Rocky mountains shall have 20 cents permile. I intend afterward to pro0se that the milea, e shall take effect from the comencement of e next Congress.
Mr. HENDERSON. The proposition, as I present it, is for 20 cents a mile to all members. The Senfrom Indiana moves to amend it. Let us take a vote upon his amendment, so that we can get the sense of the Senate on all these propositions.
Mr. DOOLITTLE. [here are 2 things about the miles e proposed by the Senfrom Missouri: 1st, to reduce it to 1/2 what it now is, and 2nd to reduce the computation of it to the direct route.
Mr. HENDERSON. The usually traveled route.
Mr. DOOLITTLE. The most direct usu all traveled route.
Mr. DOOLITTLE. If we are to change the mileage at all, that is a very great improvement on the present 5 stem of milcage; but if we are to 've any mi cage, I suppose ifa man traveled a one, without any family, ten cents a mile would cover his expenses; but if it is supposed that he is to bring any family with him, and come here to Washington to live 6, 8, or 9 months at a time, ten cents would not cover his expenses in coming, and the mileage certainly ought to cover the traveling expenses. mile at least.
Mr. TRUMBULL. I desire to say, in reference to this amendment, which commends it self to most of the Senate, that it contains one provision which is an insurmountable objection to me, and I would not vote for it with it in. I will make no such discrimination between mileage as to pay one person 20 cents and another person ten cents, and particularly to compute ten cents to those who live near. It looks to me like a very small matter and a discrimination that cannot be sustained. It is wrong upon principle. I would not vote for it. That is the reason I voted against the proposition before, and I should vote against it if this was put into it in. I merely wished to state my view.
Mr. HENDRICKS. The reason that I ro pose this is, that the gentlemen who come from the Pacific coast have to turn their backs upon their entire business for the term for which they are elected. It is the same as closing up a man’s business.
Mr. FESSENDEN. So do I, and so does every man who attends to his duties here.
Mr. HENDRICKS. The Senfrom Maine says he does. I do not know why. That is his own choice. It is not so with me. It is very different. I know I do not. A very considerable portion of the time I give to my private pursuits, and the Senfrom Maine does. f he has property, which I suppose he has when he is at home he gives a good deal 0 time to seeing to it. He can see to its condition.
Mr. FESSENDEN. I can do no business; I may attend somewhat to private affairs.
Mr. HENDRICKS. So can the Senfrom Illinois. He can see to his property. If he has farms he can see how they are cultivated.
Mr. HENDRICKS. I do not see why he cannot do any such thing, when he can be at home every other year on the 5th day of March. The Senators from the Pacific coast cannot be at home. at all. It strikes me it is a very different thin. V
Mr. ITENDERSON. They can go home in 25 days.
Mr. HENDRICKS. No; they canhardly go home during their term.
Mr. HE person. I wish to state that packets go by way of the Isthmus of Panama within 28 days, anyhow, from NewYork cit.
Mr. HENDRICKS. If Senators refer 20 cents as the rate of mileage, have no objection to it. I do not care much about it, but I want to make this thing acceptable to the House. I have conversed with some gentlemen of the House and they seem to prefer is.
Mr. TRUMBULL. My reason‘is a matter of principle. I would not vote for a bill that had) such a discrimination in it.
Mr. HENDERSON. We can get the sense of the Senate very easily. I move 20 cents for everybody. The Senfrom Indiana moves to strike out “ 20 ” and insert “ ten ” with a view hereafter of moving another amendment by which those members coming from east of the Rocky mountains will get ten cents a mile and those west 20 cents. The senate can express their opinion on it. I move 20 cents and the Senfrom Indiana moves ten cents. Now let us vote.
Mr. FESSENDEN. I will vote to make it. all ten or all 20. I voted before for the amendment of the Senator, but I cannot see the sense of the distinction. If the Senate votes to at it all at ten, I have no objection.
Mr. HENDRICKS. My amendment is one entire amendment to make it ten for those cast of the mountains and 20 for the others.
The PRESIDENT protempore. The amendment to the amendment, as it has been modified, will be read.
The Secretary read the amendment of, Mr. HENDRICKS to the amendment, which was to strike out the words “mileage at the rate of. It ought to be 20 cents a 20 cents per mile” and insert “mileage of Senators, cpresentatives, and Delegates coming from east of the Rocky mountains shall be at the rate of ten cents permile, and the mileage of those coming from west of the Rocky mountains shall be 20 cents permile.” The amendment to the amendment was rejected.
Mr. HENDRICKS. New, itstands at 20 cents. I move to amend the amendment so that the change in the mileage shall take effect at the commencement of the next Congress. I move to insert the words “to take effect from and after the 4th day of March next."
Mr. CRESWELL. In this question of mile age I have no direct interest, scarcely any interest worth speaking, about; it does not matter to me whether you give ten cents or no mileage; but I rise to ask the Senfrom Missouri a question. I wish to know what difference this change will make in the aggregate excases of Congress.
Mr. HENDERSON. I stated it as near as I could yesterday. I have not made an accurate calculation as far as the HoRep is concerned, but I suppose that in the two Houses it will increase tic aggregate expenditure for the pay of members perha 5 $225,000. When, however, the South shall 0 represented, there will be hardly any increase, and in the course of a fewyears it Will decrease as the western Territories are admitted and represented as States.Mr. POMEROY. I do not see any propri ety in having the change of mileage commence at the beginning of the next Congress when the change of salary begins at this., The amendment to the amendment was rejected ayes l4. noes 15. '
Mr. SHERMAN. I desire to modify the last proviso. I do not want any officer of either House to have anything to do with stating this mileage. I move, therefore, to strike out that proviso and insert these words: Provided, That the distanceof eachSenator, Representative, and Delegate by the route usually trav. eled from his place of residenceto the seatof Government shal be certified to each House by the PostMGen organizateion of each Cwointhgirness 30 days after the
Mr. HENDERSON. The dimculty about that is that the mileage now as fixed by law is to be paid on the 1st day of the session, and this amendment provides that it is to be certified within 30 days after the session commences. The amendment to the amendment was rejected. ‘
Mr. WILSON. Now let tlkeamendment be read just as it stands.
The Secretary read as follows: Abife:, That the compensation of each Senator, Representative, and Delegate in Congress shall be 85,00oper anuum. to becomputed from the 1st day of the present Congress, and, in addition thereto.mileageat the rate of 20 cents permilo. To be estimated by the nearest route usually traveled in going to and returning irom eachregular session;but nothing herein contained shall affect mileage accounts already accrued under existing laws: Provided, That hereafter milcage accountso Senators shall be certified by the President of the Senate and those of Re rosentatives and Delegates by The SPEAKER of the HoRep.
Mr. POMEROY. But suppose you do not have any Speaker of the House.
Mr. HENDRICKS. That would not make aniidifference.
Mr. FESSENDEN. There is always one, 1st or last.
Mr. POMEROY. Perhaps it would not make an practical difference.
Mr. FESSENDEN called for the yeas&nays, and they were ordered; and being taken, resulted yeas 28, nays 13; 14. So
Mr. WADE. I renew my amendment new as to the employees of the Senate, and let us see how we shall come out on that.
Mr. HOWE. I wish to inquire if that amendment makes any provision for the officers of the Library.
Mr. FESSENDEN. Let it go to the next bill.
Mr. WADE. No; I do not like to let it go off this time.
Mr. GRIMES. I propose, then, to the senator that he amend his proposition so as to allow 20%. to all the employees. There are the persons mentioned by the Senfrom Rho 0 Island, who are only gettiu 2 dollars a day and doing us just as good service as any of these messengers; they ought not to be excluded.
Mr. WADE. They are included. They have the same increase. It is not so much but it is in the same proportion all around. I think we ad better stand by the bill as it is.
Mr. GI IMES. I move as a substitute for the amendment of the Senfrom Ohio, a provision to add 20%.
Mr. WADE. I hope that will not prevail. We have voted into our pockets a pretty good sum. Now, I think we can afford someting to the clerks. '
Mr. GRIMES. I move to strike out all after the enacting clause and to insert: That. there be allowed and paid to the officers, clerks, and omployesof the Senate 20%. on their present compensation.
Mr. HOWE. Will the Senator insert “and in the Librar ‘2”
Mr. GRIMES. Yes, I will include all those connected with us. I examined the subject in reference to the librarians. It was referred to the ComContingent Excases, and that committee reported back exact y the prop position that came from the Senfrom whis consin, and thought it was equitable. I will apply it to the Library.
Mr. SUMNER. And I add, “also of the Dept of State."
Mr. GRIMES. I do not accept the amendment.
The Secretary read the amendment of Mr. Games to the amendment of Mr. WADE, which was to strike out all after the enacting clause of the amendment and to insert: Thotthere, be paid to the officers, clerks, messen crs, and other employeesof the Senate, and to the ibrarinn, asstl.ibrarians, messengersa, ndother employeesot‘the CongressionalLibrary, an addition of 20%. on their present pay; and the amount necessaryto pay this allowance is hereby appropriatedout of any moneyin the Treasury not otherWisoappropriated.
Mr. WADE. I hope we shall not agree to that. I believe we have just increased our own pay something over 60%., and I do not 'seeon what principle these employees are to be put off with 20%.; and besides for the duties performed by some of these officers the increase ought to e higher than that, I hep'ethe aduated bill presented by the committee will)e taken instead of this.
The PRESIDING OFFICER. The question is On the amendment to the amendment.
Mr. WADE. I ask for the yeas&nays. The has&nays were ordered.
Mr. HENDRICKS. This is a just thing; if is equal to all. It is not taking out half and giving them a large amount and neglecting others. It is a simple proosition that we all understand, not a series 0 sections like the bill proposed by the Senfrom Ohio; and I hope it will be adopted.
Skip Skip The question being taken by yeas&nays, resulted yeas 28, nays 6; 16. So the amendment to The amendment was agreed to.
The PRESIDENT protempore. The question is on the amendment as amended.
Mr. SUMNER. I move as an amendment to that the proosition which I moved in ref erence to the State Dept. We have already by a large vote voted to increase our own pay. We have also now voted to increase the pay of the servants of the Senate Chamber. I think we ought to do justice now to that other class in the State Dept. They are not numerous, they are poor, they do need this, and I ask you now for the last time to do them this justice.
Mr. HOWE. I should liketohave the amendment reported.
The Secretary read the amendment to the amendment, which was to add: And that therebepaid to the severalclerks of the Deptof State 20%. on the compensation now allowed to each.to commencefrom the 30th of June, 1865, and to continueuntil repealedby geness; and a sum sufficient for this purpose is here y an propriatedoutof any money in the Treasury not at erwiseappropriated.
Mr. EDMUNDS. I should like to inquire of the chairman of the ComForRel if we have not increased the compensation of the chief clerk of the State Dept already at this Session.
Mr. EDMUNDS. Did we not pass a bill of that sort?
Mr. SUMNER. We have created in the State Dept an office of 2nd Asst SecyState.
Mr. FESSENDEN. This amendment goes back a year and pays them for the year past.
Mr. FESSENDEN. I hope the Senator will amend that, at any rate.
Mr. SUMNER. If the Senfrom Maine will accept it with that amendment I will consent.
Mr. FESSENDEN. Oh, no; I shall vote against it anyhow.
Mr. DOOLITTLE. I hope the honorable Senfrom Massachusetts will reserve this proposition to go on the other bill. It is in the nature of a deficiency.
Mr. SUMNER. I should be willing to do so if I could have a general understanding that it shall 0 on the other bill.
Mr. DOOLITTLE. You cannot get it on this bill, and may on that.
Mr. SUMNER. I withdrawit, then, for the purpose of moving it on the deficiency bill.
The PRESIDENT o temporc. Does the Chair understand the Senfrom Massachusetts to withdraw his amendment?
Mr. SUMNER. I withdraw it, with the understandin that it is to be moved on the deficiency bil.
Mr. GRIMES. I wantto amend my proposition so as to provide for the time when it shall take effect, and I suppose the most proper time would be the beginning of the present session of Congress. I make that modification.
Mr. HOWE. I suggest to the Senator that it should commence with the beginning of some fiscal year.
Mr. GRIMES. That is not necessary. So far as. the statement of the accounts of our financml agents is concerned, it does not make any difference whether we begin with the fiscal year or not. I propose that we commence from the 1st Monday in December last.
The PRESIDENT ro tempera. The amendment will be so modified at the suggestion of the mover, and the question is on the amendment as modified. The amendment, as modified, was agreed to.
Mr. WADE. I am authorized by the ComForRel to propose this amendment, to come in after line 118, on page 6: cuggaacgmsatioa to the consul at Quebec.in
Mr. SPRAGUE. I now renew my amendment and I hope my want of tact in presenting the matter before will not injure a very important measure with the Senate. I hope the Senate will let it go on this bill. It is to insert as an additional section = Abife:, That the sum of $8000 is herebyap propriated outof anymoneyin the trcasury not otherwiseappropriatedfor the preservation of the harbor of Provincctown, Massachusetts.the same to be exended under the supervision of a commissionor card of officersto be appointed by the SecyWar.
Mr. HENDRICKS. I think when Senators reflect a moment there will not be anybody objecting to this amendment. The work IS recommended by the proper Dept; there is no question about its propriety; and the Senfrom RhdIsland was instructed from his committee to report the proposition to another bill, but he was necessarily absent from the Senate on that do and did not offer it to that bill, and be there ore feels personally somewhat embarrassed about it. New, I am sure, as the measure is right and proper in itself, and ordered by the proper Dept, we shall relieve the Senator iiiom any sort of embarrassment he feels about it, and add it to this bill.
Mr. POLAND. I move to add to the list of employees to whom we have given 20%. the members of the Capitol police
Mr. FESSENDEN. The are employes of the Senate. They come under that hea.
Mr. FESSENDEN. We increase their pay somewhere.
Mr. POLAND. They are not employees of the Senate an more than of the House.
Mr. TRUMBULL. They are not employed by the Senate. They are employed by the comrPubBldg.
Mr. FESSENDEN. I think the Senator had better wait until the next bill comes and see if their pay has not been increased. That is my 1m ressiou.
Mr. NYE. Iam quite certain that it has not been. It is the pay of the olice of the city that has been increased. hese olice men here have to stay the year roun; the other employees can 0 away; so that their expenses are very muc increased.
The PRESIDENT protem are. The amendmeiet of the Senfrom Vermont will be rea.
The Secretary read the amendment, which was to insert after the word “Library” the {yards “and the members of the Capitol po ice.
Mr. SHERMAN. I knew a provision for these men was in some bill, and have found it in the deficiency bill, which will be considered tomorrow. In section 3 of the House deficiency bill there is a provision for the increase of the pay of the employees of the HoRep, “including the }Capitol police, so that it ought not to be put ere.
Mr. SHERMAN. 25%. We shall have that bill before us tomorrow.
Mr. EDMUNDS. I should like to ask the Senfrom Ohio whether the committee who report that bill recommend that the Capitol po ice be paid.
Mr. SHERMAN. It will be before the Senate tomorrow.
Mr. EDMUNDS. The question I ask is whether the committee recommend that that be aid or that the clause be struck out.
Mr. FESSENDEN. The committee have not struck it out.
Mr. EDMUNDS. Then you recommend that it be ado ted.
Mr. FESSENDEN. That is the best of my recollection. The bill is before you.
Mr. SHERMAN. The Senate will have it in its power tomorrow.
Mr. EDMUNDS. I wish the Senfrom Ohio to inform the Senate what the purpose of the committee is as to the Capitol police. It is obviousl just that these men
Mr. SHERMAN. I have nothing to do with that bill. I was not present when it was considered in committee.
Mr. FESSENDEN. I will so to the senator we have gone all over that hi 1, and I have not the slightest recollection that we struck that out. do not believe we did, but it is on the table somewhere.
Mr. POLAND. I withdraw the amendment under those circumstances. The amendments were ordered to be engrossed and the bill to be read a 3rd time. t was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsnsos, its Clerk, announced that the HoRep had passed the following bill and JtResolution, in which it re nested the concurrence of the Senate: Atluill (H.R.No. 606) to amend an act to establish the judicial courts of the U.S., approved September 24, 1789; and A JtResolution (H.R.No. 195) to extend the provisions of the act of July 4, 1864, lim itin tbejurisdiction of the Court of Claims to the loyal citizens of Tennessee. ENROLLED BILLS SIGNED. The messagealso announced that The SPEAKER of the HoRep had signed the following enrolled bills; which were thereupon signed by the President protempore: A bill (H.R.No. 887) making appropriations for the current and contingent expenses of the Indian dept and for fulfilling treaty stipulations with various Indian tribes for the year ending 30th June, 1867, and for other purposes; A bill (H.R.No. 480) to provide for and to regulate the weighing of exports, and for other purposes and A bill (H.R.No. 775) to establish certain post roads. COMMITTEE ON BETRENCHMENT.
The PRESIDENT protempore, in pursuance of the order of the Senate of the 23d in stant, appointed Mr. Ennusns, Mr. Wruuaxs, and Mr. Boexauzw as the members of the JtCommee on retrenchment on the part of the Senate. HOUSE BILLS REFERRED. The bill (H.R.No. 605) to amend an act to establish the judicial courts of the U.S., approved September 24, 1789, and the JtResolution (H.R.No. 195) to extend the provisions of the act of July 4, 1864, limiting the jurisdiction of the Court of Claims to the loyal citizens of Tennessee, were severally read twice by their titles and referred to the ComJudiciary. DEFICIEN CIES IN APPROPRIATIONS.
Mr. FESSENDEN. I desire to take up the bill making appropriations for deficiencies with a view toiave that the order of business for tomorrow. It is House bill No. 791.
Mr. WILSON. Before that is taken up I want some little understanding about business. I thought that when we got through with the appropriation bill just disposed of we were to take a the House bill in regard to bounties. Now, find that the Senator is pressing another alp propriation bill.
Mr. FESSENDEN. The Senator tried that measure on the bill we have just passed.
Mr. WILSON. Yes; but I propOse to take up the House bount bill.
Mr. FESSENDEN. This bill mustgo back to the House with the disagreements. The motion of Mr. Fusssspus was agreed to.
Mr. FESSENDEN. I now move that the Senate adjourn. The motion was agreed to and the Senate adjourned at 5 minutes before one o’clock. It will come up tomor
###HOUSE OF REPRESENTATIVES. WEDNESDAY, July 25, 1866. The House met at 11 o’clock a.m. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of yesterday was read and approved. RAILROAD to HUMBOLDT BAY.
Mr. McRUER. I move that the ComPubLands be discharged from the further consideration of the bill (S.No.1233)entitled “An act granting lands to aid in the construction of a railroad and tole raph line from the waters of the bay of SanFrancisco to Humboldt bay, in the State of California, ” and that the bill be laid on The SPEAKER’s table. The motion was agreed to. PROMOTION OF NAVAL OFFICERS.
Mr. RICE, of Massachusetts, by unanimous consent, reported from the ComNavAffrs, with amendments, the bill (H.R.No. 667) to prevent officers of the Navy from being deprived of their regular promotion on account of wounds receive in battle. The bill provides that the provision of section 4 otp the act to amend an act entitled “An act to establish and equalize the grade of line officers of the U.S. Navy, ” approved July 16, 1862, requiring that no cliicer in the naval service shall be promoted to a higher grade upon the active list until he has been examine by a board of naval surgeons and pronounced physically qualified to perform all his duties at sea, shall not be construed to apply to and exclude from the promotion to which he would otherwise be regularly entitled any oliicer in whose case such medical board shall report that his physical disqualification was occasioned by wounds received in battle. The 1st amendment reported by the ComNavAffrs was read, as follows: At the end of line 14 insert the followin: In the line of his duty, and that'snch wound oes not incapacitatchim tor otherduties in the grade to which he shall bepromoted.
Skip Skip The amendment was agreed to. The next amendment was read, as follows: Add the following asa.new section: SEC. 2. Abife:, That the rate of pay of officers of the Navy on the retired list and not on duty, when retired on furlough pay. in 08808 where such rateo1pay has not heretofore eenfixed by law shall beonehalf of the paytowhich such officers would be entitled if ondutyatsca: and the payof clerks to commandantsof nav yards and of clerks to naval store keepers is here y increased 20 five%.upon their present salaries from the commencementof the presentfiscalyear.
Skip Skip The amendment was agreed to. The next amendment was read, as follows: Add the following asa newsection: SEC. 3. Abife:, That the proper accounting officers of the Treasury be, and they are hereby, nuthorized.in the settlementoftho accounts of the disbursiniroliicers of the Navy andMarine corps, subject to the approvalof the SecyNavy, to allow such creditsfor lossesof property and funds as have occurredduring the late rebellion, or shall occur hereafter, and which shall appearto them, by such vouchersand testimonyastheyshall require.to have beenoccasioned by accidentalcircumstances or a condition of things over which such officershad no control, and for which they are not justly ro sponsihlo.
Skip Skip The amendment was agreed to. The bill, as amended, was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. RICE, of Massachusetts, mtRtv the bill was passed; on the table. agreed to. SITE FOR.NAVAL DEPOT.
Mr. DELANO. I move that the ComPubLands be discharged from the further consideration of the bill (S.No.223) to revive and extend the provisions of an act ranting the right of way and making a grant of land to the States of Arkansas and Missouri, to aid in the construction of a railroad from a point upon the Mississippi 0 posite the mouth of the Ohio river, via Little Igock, to the Texas boundary, near Fulton, in Arkansas, with branches to FortSmith and the Mississippi river, approved February 9, 1853, and for other purposes; and that the same be laid on The SPEAKER’s table. The motion was agreed to. NATIONAL FA RM SCHOOL.
Mr. KASSON, by unanimous consent, introduced a bill to incorporate the National Farm School; which was read a 1st and 2nd time.
Mr. BINGHAM. I desire to ask whether this bill makes any appropriation of any sort.
Mr. KASSON. ot at all. I will state, Mr. Speaker, that a hilanthrOpic French gentleman of NewYorkli has already established a school farm for the purposes indicated in the act, and I understand it is now in operation in this District. He simply desires an act of incorporation recognizing his institution, and writes me that it will probably aid him in obtaining funds from hilanthropists abroad, in aid of his object. The incor ra tor named is Henri de Mared I do not now the names of his associates. I have exhibited the bill to gentlemen on both sides of the House, and there is no objection to it. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. INQUIRY INTO PUBLIC EXPENDITURES.
Mr. HULBURD, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved.That the powers conferredupon the comPublic Expenditures bya.resolution of the HouseadoptedApri Lil).1866b, eenlargedto such an extent that said committeebe authorized to inquire into any and all public expenditures, recci ts and keepingof the in he moneysby officersof t cGov eminent; and t o committeeare authorized to employ a clerk.
Mr. HULBURD mtRtv the resolution was adopted; on the table. agreed to. ASST housn STENOGRAPHEB.
Mr. ROLLINS, from the Committee of Ae counts, by unanimous consent, reported the following resolution: Rewlvetl, That
The SPEAKER be authorized to appoint a competentstenogrnphoras asstoflicial reporter to the committeesof the House. who shall be said out of the contingent fund. comm oncing1st of pm. 1866. the same compensationpaid to such officialre nrter, whose term of serviceshall expire March 4,
Mr. JOHNSON. That has been up before, but no one has stated what this reporter is to do. Who is to control his services? If
The SPEAKER is to control them then let the resolution say so. If he is to be used by members who have no clerks to their committees let us know it.
Mr. ROLLINS. He is to assist the official reporter for the committees. If the gentleman had been present when the resolution was introduced and referred to the Committee of Ae counts, and had heard the discussion, he would have known the reason for the resolution. We have modified it so as to provide for this reporter only during the present Congress. His term of office is to c ose at the expiration of the present Congress, the 4th of March, 1867. He is to assist the present official reporter, who has more than e can do, and who will be obli ed to av out more than he receiveS.
R.JO NSON. We cannot appoint this reporter on a simple' resolution. was not present when the resolution was introduced, and therefore waive all further objection.
Mr. HARDING, of Kentucky. This session is within a few days of its close, and I would like to know the reason for the appointment of an additional reporter.
Mr. ROLLI. S. I will inform the House there are 2 or 3 special committees which are to sit during the recess, and it will be impossible for one reporter to be present at more than one place at a time.
Skip Skip The resolution was adopted. Mr. ROLLINS mtRtv the resolution was adopted; on the table. agreed to. STTJAMBOAT NAVIGATION.
Mr. MILLER, from the ComRds&canals, reported back House bill No. 92, to ascertain the practicability of having a steam boat navigation from the Chesapeake ba, at the mouth of the Susquehanna river, to ake Ontario, in the State of NewYork. The 1st section was read, as follows: That the SecyWar he, and is hereby. authorized and required to causea surveyto be made, by competent engineers, of the Susquehannariver fromthe Chesapeakebay to the southern line of the State of NewYork, and also a surveyfrom the said line to Lake Ontario. with [LWIEWto ascertainthe practicability of ii communicationbysteamboatsfrom the Chesapeakobay to said lake, and to report accordinclv: andalso.ifany part ofsaid routeis deemed practicable. then to causeto be madean estimateof the probablecost of the work, and report the same.
Mr. MILLER moved to add the following: And also to examineand report whether the west branch of the Susquehanna river, or any part of it, can bemade practicable for steamboatnavrgation.
Mr. MILLER. There was some difficulty about the 2nd section, as it makes an appropriation. It is as follows: Sun. 2. Abife: That in order to defray incidental expensesin carrying out the provisionsof this act, the SecyWar is authorized to draw his warrant on the Treasury. to be paid out of any moneynot otherwiseappropriated: Provided. That the moneyto be drawn shall not exceed the sum of $20,000. I move that it be stricken out. The motion was agreed to.
Mr. ALLEY. I should like to know whether the ComRds&canals recommended the passage of this bill.
Mr. MILL It. The committee authorized me to make the report without taking action for or against it. 'lhe question was in regar to the 2nd section, and that has been stricken out. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The House divided; and there were ayes 30, noes 20; no quorum voting. Mr. BERGEN demanded tellers, Tellers were ordered, and Mr. MILLER and Mr. DELANO were appointed. The House again divided; and the tellers reported ayes 58, noes 18; no quorum voting. Mr. FINCK demanded the yeas&nays. The yeas&nays were ordered. The question being taken on ordering. the bill to be engr ossedand read the 3rd time, it was decided in the affirmative yeas 70, nays 24, not voting 90; So the bill was orderengross and read a 3rd time. Mr. FINCK. I move to lay the bill on the table. The motion was disagreed to. The bill was then read the 3rd time and passed. Mr. MILLER mtRtv the bill was passed; on the table. agreed to. REFUNDING OF FINES.
Mr. HOGAN. I ask unanimous consent to report, from the ComWays&Means, a bill (H.R.No. 759) to authorize the refunding of certain fines. The bill was read. It provides that where the license tax imposed upon any wholesale dealer has been collected upon the amount of such dealer's sales for the previous year, in accordance with the terms of the 79th section of the act approved June 30, 1864, and it shall be proved to the satisfaction of the ComrIntRev that the sales of such license did not equal in amount the sales of such previous year, it shall be lawful for the said Commissioner to refund to such wholesale dealer so much of the amount aid for such license as may be in excess of pthe proper tax chargeable upon the amount of sales actually made under such license during the ear for which the same was issued. 1tr. HOGAN. This bill is recommended by the SecyTreasury and the ComrIntRev. I ask that the letter of the Commissioner be read.
The SPEAKER. The gentleman can move to refer it to the ComWhole M
Mr. HOGAN. Very well. I make that motion. The motion was agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORNEY, Its Secretary, announced to the ease that the Senate had passed a bill (S.No.138) to increase and fix the military peace establishment of the U.S., in which he was directed to ask the concurrence of the House. MEN BER BWORN IN.
Mr. FINCK. I rise to a question of privilege. I ask that Mr. COOPER be sworn in as a member from the State of Tennessee.
Mr. Enuuxn Coorsa accordingly came for ward, and having unlified, by taking the oath of olIice prescribed by the act of July 2, 1862, took his seat in the house. REWARDS Fort ARREST or BOOTH.
Mr. HARDING, of Illinois. I call for the regular order. he House accordingly resumed the consideration of the special order, being House bill No. 801, authorizing the“ payment of the re wards offered by the Presient of the U.S and the officers of the War Dept in April and Ma, 1865, for the capture of JeffersonDavis an the assassins of the late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward.
The SPEAKER. The Gentfrom NewYork [Mr. HOTCHUSS] wh0 has charge of this bill is not resent.
Mr. DELANO. I move to postpone it till tomorrow, immediately after the reading of the Journal. The motion was agreed to.
The SPEAKER. The morning hour having now commencedrthe call of the committees is resumed, commencing with the ComJudiciary. CIRCUIT COURT COMMISSIONERS.
Mr. BOUTWELL, from the ComJudiciaryn, reported back with the recommendation that it do pass, bill of the House No. 82, to extend the jurisdiction of commissioners of the circuit cotirtof the U.S.
Mr. JENCKES. Will the Gentfrom Massachusetts explain the object of this bill?
Mr. BOUTWELL. It is merely to give the commissioners the same power as justices of the peace have in cases where seamen under take to avoid their contracts. It is a preper bill to be passed, and I move the previous question upon It.
Skip Skip The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. BOUTWELL. I demand the previous question on the passage of the bill. Mr. JENCKES. I move to lay the bill upon the table. The question was put; and there were ayes 24, noes 70. bSlo the House refused to lay the bill upon the ta e. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. BOUTWELL mtRtv the bill was passed; and also moved to lay the motion to reconsider upon the table. agreed to.
Mr. BOUTWELL. I move to amend the title of the bill so as to read, “ An act to extend the jurisdiction of the commissioners of the circuit courts of the U.S.” The latter motion was agreed to. PROVISIONAL COURT OF LOUISIANA.
Mr. BOUTWELL also, from the same committee, reported back, With an amendment in the nature of a substitute, and with the recommendation that it do pass, bill of the House No. 468, to provide for the suits, judgments, and business of the U.S. provisional court for the State of Louisiana, and called for the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The substitute was agreed to. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. BOUTWELL mtRtv the bill was passed; upon the table. agreed to. U.S. REVENUE COURTS.
Mr. BOUTWELL also, from the same committee, reported back with the recommendation that it do not ass, bill of the House No. 287, to establish U.S. revenue courts, and for other purposes, and moved that the same be laid upon the table. The motion was agreed to. RIGHTS OF CITIZENS.
Mr. WILSON, of Iowa, from the same committee, reported back, with an amendment in the nature of a substitute, bill of the House No. 437, to declare and protect all the privileges and immunities of citizens of the U.S. in the several States.
Mr. WILSON, of Iowa. I do not desire to have the substitute read or acted upon at this time. The bill is of such a nature as to excite discussion, and I do not desire to occupy the morning hour, inasmuch as other members of the committee have numerous bills to report. I will merely state that this is a bill that was introduced by the Gentfrom Ohio, [Mr. SnnI.I.n.uor:R,:l and that the substitute is substantially his hi I with slight amendments. I move to postpone the consideration of the bill until the 2nd Tucsda in December next.
The motion to postpone was then agreed to. GENERAL oaonos WaIGH'r. On motion of Mr. WOODBRIDGE, the ComJudiciary was discharged from the further consideration of the bill of the House No. 578, for the relief of the representatives of the late Brigadier General George Wright, U.S. Army; and the same was laid on the table. WISCONSIN JUDICIAL DISTRICTS. On motion of Mr. WOODBRIDGE, the ComJudiciary were discharged from the further consideration of the memorial of the Legislature of the State of Wisconsin in relation to dividing the State of Wisconsin into 2 judicial districts, and to create the western district; and the same was laid on the table. sonninns’ sun SAILORS’ oarHAss’ noun.
Mr. WOODBRIDGE, from the ComJudiciary, reported back, with an amendment, the bill of the House No. 652, to in corporate the National Soldiers’ and Saliors’ Orphans' Home, DistCol. The amendment was to amend the last section so that it would read: That Congressmay at any time hereafter alter. nmend, orrepealthis act.
Mr. WOODBRIDGE. I call the previous question on the bill and amendment.
Skip Skip The previous question was 2nded and the main question ordered; and under the‘operation thereof The amendment was agreed to. The bill, as amended, was then orderengross and resale 3rd time; and being on ossed, it was accordingly read the3rd time an passed.Mr. WOODBRIDGE mtRtv the bill was passed; on the table. agreed to. FEMALE ORPHAN ASYLUM.
Mr. WOODBRIDGE, from the ComJudiciary, reported a bill to amend an act entitled “ An act to incorporate the trust ees of the Female Orphan Asylum, of George town, and the Washin ton City Orphan Asy lum, of the DistCol, ” passed May 24, 1828; which was read a 1st and 2nd time.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WOODBRIDGE mtRtv the bill was passed; on the table. agreed to. NATIONAL TELEGRAPH ASSOCIATION. On motion of
Mr. WOODBRIDGE, the ComJudiciary was discharged from the further consideration of House bill No. 237, to incorporate the National Telegraphic Union Association; which was laid on the table. WILLIAM JOSLIN.
Mr. WOODBRIDGE, from the ComJudiciary, reported back House bill No. 584, for the relief of William Joslin, with a recommendation that the same do pass. The bill was read at length. It directs the SecyTreasury to issue to William Joslin, of the State of Vermont, bonds of the U.S. to the amount of $5, 250 in lieu of an equal amount of bonds alleged to have been destroyed by fire while in possession of said Joslin, as owner and trustee for others, provided satisfactory evidence shall be furnished to the SecyTreasury of the destruction of the bonds so claimed to have been destroyed. The question was upon ordering the bill to be engrossed and read a 3rd time.
Mr. LAWRENCE, of Ohio. For one, I am opposed to any such legislation.
Mr. WOODBRIDG “. I will explain the object of the bill in a few words. I am aware that there is a feeling in this House, heretofore developed, that in cases of the destruction of bonds of the U.S. other bonds in lieu thereof should not be issued. But the facts in this case are peculiar, and as to the loss of the bonds conclusive.
Mr. JENCKES. I desire to ask the gentleman whether the bill provides that the claimant shall give a bond of indemnity to the Government.
Mr. WOODBRIDGE. The bill does not in its terms provide for a bond of indemnity, because it is not known what were the numbers of these bonds. They were held by the gentleman, a portion for himself, a portion as guardian for 2 young children, an a portion as agent for a widow.
Mr. JENCKES. If the Govarnment issues new evidences of indebtedness, why should it not require a bond of indemnity against any further claim? '
Mr. WOODBRIDGE. Because the proof of the loss of the bonds is so conclusive that no gentlemau investigating the circumstances cond doubt it.
Mr. JENCKES. But there is no proof before the House now.
Mr. WOODBRIDGE. I have no sort of objection to a provision re airing that a bond shall be given. But the bi l now requires that the SecyTreasury sha 1, before duplicating these bonds, be convinced beyond the shadow of a doubt that the bonds were destroyed. All the proof must be made to the SecyTreasury before the bonds are duplicated. When men have stood by the nation, assisting it by investing their money in the national securities, and have had the misfortune to have those securities destroyed, why should the Government commit the gross injus tice of refusing to duplicate the evidences of its indebtedness?
Mr. SPALDING. We have no doubt as to the equity of duplication of the evidence of indebtedness in such a case as the gentleman describes. What we want is to be satisfied that this is such a case, and that proper provision is made so that the Government can protect itself.
Mr. WOODBRIDGE. The proofis as conclusive as any the gentleman ever had before him as a lawyer or jud 0.
Mr. SPALDING. as the gentleman any description of the bonds at all?
Mr. WOODBRIDGE. I have all the description that can be iven. These bonds were purchased and at into the hands of this gentleman, a part of p them as the guardian of these children; and he does not know the numbers. Proof is to be made to the SecyTreasury, who is to be satisfied bw 'ond doubt that the bonds have been lost. Yhy should we refuse to do justice in a case like this?
Mr. SPALDING. I wish to know whether these bonds can be identified, so that the government can be protected from loss if the bonds are still Outstanding.
Mr.WOODBRlDGE. the bonds cannot be identified, because the gentleman cannot state the numbers.
Mr. SPALDING. Then of course it must be his loss.
Mr. DELANO. Will the Gentfrom Vermont yield to me for a few moments?
Mr. DELANO.Mr. Speaker, I do not rise for the purpose of opposing this measure; but I desire to say to the Gentfrom Vermont and to the House that it involves a question which ought to be considered with great delib eration. The question has been before the Committee of claims; and the aplications of this sort are very numerous indee. There are now on record in the Treasury Dept cases in which it is shown that securities
Mr. WOODBRIDGE. With the leave of the Gentfrom Ohio, I will move to amend the bill by adding a provision that a satisfactory bond shall be given to the SecyIfreasury to secure the Government against any oss.
Mr. WILSON, of Iowa. If the gentleman will yield a moment, I wish to state that this report does not come to the House with the indorsement or recommendation of the committee from which it comes. The committee consented that the gentleman might report the bill; but I do not wish it to be understood that.v the ComJudiciary indorse the bill.
Mr. WOODBRlDGE. I beg the gentleman’s pardon; I do not desire to misrepresent the committee. I understood some members of the committee were in favor of the bill. It may be as a special favor to me I was permit ted to report it for the action of the House.
Mr. DELANO. I want to state to the House that the conclusion arrived at by the ComClaims of the Senate, as well as of the House, after consulting the officers of the Treasury, was that it is not safe for the government to attempt to (In licate the securities of the U.S. which are in circulation; that it is not safe to duplicate in any case where the numbers of the securities cannot be given; and that even then there should be, as understand there is in this case, before the committee, clear and exclusive evidence of the destruction of the bonds. Then the Government is safe. I do not rise to oppose this measure. There is not a member on this floor I would sooner accommodate than the Gentfrom Vermont, but I am constrained to say, as the sense of the ComClaims, that I doubt the propriety of duplicating the securities of the Government where the numbers cannot be given. That is the only absolute safety the Government has in the premises.
Mr. WOODBRIDGE. I move to add that abond satisfactory to the SecyTreasury shall be given by the claimant to secure the U.S. against any other claim for the bonds alleged to be lost.
Skip Skip The amendment was agreed to. Mr. WOODBRIDGE demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and reada 3rd time; and being engrossed, it was accordingly read the 3rd time. The House divided on the passage of the bill and there were ayes 58, noes 36. ll Mr. COBB demanded the yeas&nays. The yeas&nays were not ordered. So the bill was passed. Mr. WOODBRIDGE mtRtv the bill was passed; on the table. agreed to. SWEARING IN OF A MEMBER.
Mr. BUCKLAN D stated that Hon. ] OHN W. LEFIWICH, member elect from Tennessee, was present and desired to be sworn in.
Mr. Larrwren apeared at The SPEAKER’s desk, and was accoringly sworn in. NEPOTISM.
Mr. WILLIAMS, from the ComJudiciary, reported a bill to regulate the apointment of clerks and commissioners of bai; which was read a 1st and 2nd time. It provides that it shall not hereafter be lowful for any judge of the circuit or the district courts of the U.S. to appoint or commission to the office of clerk or commissioner of bail in either of said courts any person or the persons who may be connected with either of said judges by blood or marriage.
Mr. WILLIAMS. It is the design of the bill to do away with that nepotism known to every lawyer as existing under our judicial system. It is in analogy to legislation in some of the States.
Mr. JOHNSON. Itseems to me we are going abroad when we ne lect to remedy the evil at home here. We finfim any members who have sons and brothers and wives’ brothers em lo ed here. It is the same in reference to the depts: the heads of depts and arenas employ their blood reatives. When we clear our own skirts it will be time to go elsewhere.
Mr. O’NEILL. I hope my colleague will yield to my other colleague to move no sin endment embracing the cases to which he has referred.
Mr. WILLIAMS. If my colleague [Mr. Jonssouj thinks the evil is past cure I do not. If he will put an amendment in shape I will accept it. I demand the previous question.
Skip Skip The previous question was secou ed and the main question or cred; and under the operation thereof the bill was orderengross and read a 3rd time, and being engrossed it was accordingly read the 3rd time. Mr. WILLIAMS demanded the previous question on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. WILLIAMS mtRtv the bill was passed; upon the table. agreed to. PUNISHMENT OF CRIMES.
Mr. LAWRENCE, of Ohio, from the ComJudiciary, reported back House bill No. 604, defining and punishing certain crimes therein named, with a recommendation that it do pass. The bill was read. It.rovides that any person who shall rob another of any personal property belongin to the U.S., or shall steal or purloin any personal property of the U.S., shall, upon conviction be punished by a line not exceeding fourfold the value of such property, or by imprisonment not more than 20 years, or both. It also provides that any person who shall will fully obstruct the passage of an locomotive, tender, car, or carriage on which is bein transported any mail, troops, or property of U.S., shall, upon conviction, be punished by a fine not exceeding $10,000, or imprisonment not exceeding 20 years, or both.
Mr. LAWRENCE, of Ohio. I demand the previous question.
Mr. LEBLOND. I would like my colleague to explain what the particular necessity of this bill is. It does seem to me as though it is going too far. It fixes the punishment of imprisonment for a term of cars for lar ceny of property that may not be worth 5 dollars. It takes jurisdiction from the State courts and confers it upon the Federal courts, where a person willfully obstructs the passage of n train of cars containing the U.S. mail. though the laws of the States are ample for the)unishment of the offense.
Mr. AWHENCE, of Ohio. I hope my colleague will consume no more time. We have but a few moments left for our committee.
Mr. LEBLOND. I do not wish to consume time. I am certain the House will do me the credit to say that I have not taken upon myself the running of this machine. I only wish the House to know what we are doin before we'uudertake to pass bills that are ca culated to upset the criminal code of the U.S. Bills are brought in here withoutbeing printed, and members have no opportunity to look at cm. ‘Mr. LAWRENCE, of Ohio. This bill contains 2 sections. the 1st makes it a penal offense to robany person of property which belongs to the U.S., or to steal any personal iroperty which belongs to the U.S. There is now no not of Congress which makes this a penal offense. We make violations of the rights of the U.S., in many respects, enal offenses; but this particular act, descri ed in the 1st section, is not made such bylaw. There is in myjud ment, no objection to the bill, and I demand the previous question.
Mr. LEBLOND. Does it not do away with the difference between petit and grand larceny?
Mr. LAWRENCE, of Ohio. There is now no distinction between etit and grand larceny by the statutes of the U.S.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was orderengross and read a 3rd time and being engrossed, it was accordingly read the 3rd time and passed. Mr. LAW tENCE, of Ohio, mtRtv the bill was passed; on the table. agreed to. RESTORATION of CONFISCATED LANDS.
Mr. WILLIAMS, from the ComJudiciary, reported a bill to restore the possession of lau s confiscated‘by the authorities of the States lately in rebellion; which was read a 1st and 2nd time. The bill was read in full. It provides that in all cases any loyal citizen of the U.S. who may have been dispossessed of any lands or tenements belonging. to him Within any of the States lately in rebellion by any order or decree of the socalled confederate government on account of adherence to the cause of the Union, or absence or failure to give support to the rebellion, it shall be the duty of the POTUS or of the Military force within the district, on complaint in writing by such person, accompanied by satisfactory evidence of title, to restore such person to the possesion of the rights of which ie has been deprived, and protect him in their enjoyment by such force as may be necessary.
Mr. RIMBLE. Will the Gentfrom Pennsylvania yield? '
Mr. TRIMBLE. Then I move to lay the bill on the table. It confers power upon the irgilitary commanders to decide upon questions 0
Skip Skip Mr. TRIMBLE. I demand the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 24, nays 81, not voting 81; So the House refused to lay the bill upon the ta '10. The previous question was 2nded and the main question ordered. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.Mr. WILLIAMS mtRtv the bill was passed; upon the table. agreed to. JUDICIAL COURTS 01"THE U.S.
Skip Skip Mr. LAWRENCE, of Ohio. I demand the previous question on the bill and the amendments. The previous question was 2nded and the he or she‘isdo main question ordered.
Mr. E BLOND. I desire to inquire of the gentleman who reported this bill whether in case a person who is not bound to perform service in the Army or Navy is taken possession of by the Government, he is out o from the geliliefit of the writ of habeas comus under this i., Mr. LAWRENCE, of Ohio. I think not. I will state briefl what the object of the bill is.
Mr. LEBLO D. The idea suggested it self to my mind that the bill was not broad enough to cover that class of persons. If it is not, it on ht to he. I believe the doctrine is pretty we l settled, or if not it very soon will e, that the military authorities have no juris diction over private citizens. Every citizen owing military service may be dealt with by the military authorities, but a private citizen not owing such service, unless he violates some militariv regulation, is amenable to the civil law on y.
Mr. LAWRENCE, of Ohio. This has no relation to that subject at all.
Mr. LEBLOND. The 2nd sectionlooked to me as if it went that far.
Mr. LAWRENCE, of Ohio. I will explain. On the 19th of December last, my colleague [Mr. SHEIiLABARGEIl] introduced a resolution instructing the ComJudiciary to inquire and report to the House as soon as practicable, by bill or otherwise, what legislation is necessary to enable the courts of the U.S. to enforce the freedom of the wife and children of soldiers of the U.S., and also to enforce the liberty of all persons. Judge Ballard, of the district court of Kentucky, decided that there was no not of Congress giving courts of the U.S. jurisdiction to enforce the rights and liberties of such persons. In pursuance of that resolution of my colleague this bill has been introduced, the effect of which is to enlarge the privilege of the writ of hobeascorpus, and make the jurisdiction of the courts an judges of the U.S. coextensive with all the powers that can be conferred upon them. tis abill of the largest vliberty, and does not interfere with persons in military custody, or restrain the writ of habeascorpus at all. I am satisfied there Will not be a solitary objection to this bill if it is under stood by the House.
Mr. E BLOND. I call for the reading of the 2nd section as it is proposed to be amended.
The Clerk read as follows: SEC. 2. Abife: That a final judgment or decreein any suit inthe highest eourt of a Statein which a decision in the suit could be had. where is drawn in question the validity of a treaty or statute of or an authority exercised under the U.S and the decision is must their validity or where is drawn in question the validity of a statuteor of an authority exercised under any State. on the ground of their bein repu n autto the constitution. Treaties or laws o the U.S and the decision is in favor of such their. validity or where any title right. privilege or immunity is claimed under the Constitution or any treaty or statute of or commissionheld or authority exercised undo; the U.S and the decisionis agoinst the title. right priyilege or immunity speciallyset up or claimed by either party under such Constitution treaty statute, commission, or authority. may be reexamined and reversed or nfiirmed in the SCOTUS.upon a writ of error, the citation being signed by the chicf justle e or judge or chancellor of the court rendering or passing the judginent or decree complainedof or by njustice of the SCOTUS. in the same manner and under the same regulations and the writ shall havethe someeffectasif the judg mentor decreecomplainedof had been renderedor passedin acourt of the U.S.: and the proceedingupon the reversal shall also be the same. exceptthat the SupremeCourt may.at their discre taiwona.rdperxoecceuotdio tno.aorfirneaml adnedctishieonsoomf etthoeansaymineferaine rd court. This‘act shall not apply to the case of any person who is or may be he in the custody of the military authorities of the U.S. charged with any military offense or with having aided or abetted rebellion against the Government of the U.S.prior to the passageof this act.
Mr. LEBLOND. IfI understand this section aright, it is that all those held by the military are not entitled to the privileges of this act. I confess that it is exceeding y difficult for us to determine the scope of the bill.
Skip Skip The amendments reported by the committee were agreed to. The bill, as amended, was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. LAWRENCE, of Ohio, mtRtv the bill was passed; on the table. agreed to.
Mr. WILSON, of Iowa. I ask unanimous consent of the House that the ComJudiciary have another hour in which to make reportS.R.ROSS. I object. I think we have had enough bills from that committee.
Mr. WILSON, of Iowa. Then I will ask for a half an hour more for that committee.
Mr. LEBLOND. I am compelled to object, from the fact that we have no opportuuity to consider and understand the bil s that are brought in here. NATIONAL BANK BILL. The House resumed the consideration of House bill No. 771, to amend an act entitled “An act to provide a national currency secured by a ledge of U.S. stocks and to provite for the circulation and redemption thereof, ” and for other purposes. The pending question, upon which Mr. Lvxcn was entitled to the floor, was upon the amendment offered by him, to insert t ie following: Provilded, however. That the appointment of such reciever njomcd shall be vacated dfaronmdt further proceeding shall sbine the premises under this section. if the nearest district. circuit or territorial court of the U.S shall on application of such association.madcwithiuter idaysater it shall have beennotifiedof such appointmentand upon hearingof the case.soorder.
Mr. LYNCH. I will yield to the Gentfrom Wisconsin [Mr. PAINI I] for a few mo merits.
Mr. PAINE. I move to substitute for the amendment of the Gentfrom Maine [Mr. Lvsen] the followmg: Provided. however.That the appointment of such receiver shall be vacated and the omptrollershall be and restrained from further proceedings in the premises under‘this section.if the nearestdis trict. circuit or territorial court of the U.S shall so order, on application of such association madeWithin ten daysafter itshallhave beennotilied of such appomtment and after the decision of the court or the finding of a Jur that such association has not been ilty of any of the violations of law on account 0 which such receiver shall have been appointed.
Mr. LYNCH. I accept the amendment of the Gentfrom Wisconsin, [Mr. PAINE.]
Mr. CONKLING. I agree entirely with the purpose of this amendment, but I wish to submit to the Gentfrom Maine [Mr. LYNCH and the Gentfrom Wisconsin [Mr. Puss that if this amendment shall be adopted they will have rather an extraordinary act. The 50th section of the bank act is referred to as covering and controlling the course of proceeding in this regard; and yet the propose here to repeal a large part of that figieth section. Now, I would suggest that altogether the briefer and plainer way of disposiu of this would be to provide that this proceeding shall be subject to the remedy by appeal now existing by the 50th section of the national currency act. That certainly covers ‘the whole ground and obviates the necessity of repeating the same provision twice in the statute. The Gentfrom Iowa [Mr. Paics] hands men proviso which I believe covers the suggestion I make, though I think it can be covered even more briefly. In order to test the sense of the House, I Will move, as a substitute for the proposed amendment, to insert after the words ‘according to” in the 47th line on the 3rd page these words: “ and with the same remedy and subject to the same right of application to the courts as provided.”
Mr. PRICE. Let' me suggest whether it would not be better to say, “as provided by the proviso of section 50.”
Mr. CONKLING. In answer to that I will say that the proviso is a part of the section; and it is the only place in the section where the subject is referred to. Therefore my amendment meets the gentleman’s suggestion.
Mr. HOOPER, of Massachusetts; I concur with the Gentfrom NewYork in his suggestion; and I hope his amendment will be adopted. ARMY BILL.
Mr. SCHENCK. I move that the House insist on its disagreement to the amendments of the Senate to the bill (S.No.138) to reor ganize the Army, and that we ask for a com mittee of conference. The motion was agreed to. NATIONAL BANK BILL AGAIN.
Mr. RANDALL, of Pennsylvania. I quite agree with the Gentfrom Wisconsin in his view of this subject. This amendment was put in by the committee after careful consideration, not'for the purpose of reaching honest banks, not banks doing a legitimate business, but banks doing an unlawful and fraudulent business. I admit the provision of this clause is summary. So it should be in the case of men who are violating the national banking law. I think the amendment proposed by the committee had better be allowed to pass as it is. I hope the House will give no opportunity to these banks like the Merclinnts’ Bunk of this city, which swore through thick and thin, and no comtroller could reach them. It is such banks which it is intended to reach, and not the banks doing a lawful business.
Mr. LYNCH. I wish to call the gentleman’s attention, if he were in the committee, to the discussion which took place on this question. It was the intention to give the banks the right to appeal to the courts under the proviso. The proviso was not careffill read. If it had been the committee would have seen it does not apply to the case. This is to make that up ly to the case.
Mr. RANDALL, of Pennsylvania. I do not remember distinct] the discussion in the committee. Perhaps the gentleman is correct. I know what my object was. It was to reach in n summary manner and put an end to those dishonest banks, and not let them appeal to the courts. Iain unable to spe k of the amendment of the Gentfrom Wisconsin, as I have not heard it read.
Skip Skip Mr. HOOPER, of Massachusetts, demanded the previous question. The previous question was 2nded and the main question ordered.
Mr. CONKLING. If there is any difficulty aboutthe amendment Iwill modify it by addin at the end of line 48 the wor s “ an on such application the bank may relieve itself by disproving the allegations on which said receiver was apointed." If debate wereine rder I could showt. atwould coverthe whole ground.
Mr. PAINE. It does not cover the whole ground. The amendment to The amendment was agreed to; and the amendment, as amended, was ado ted. The clerk read as follows: That section 29 be amendedby striking out all after the enacting clausc and lflSOfllflF ll1 lieu thereofthe following: that thototal liabilities to any national banking association of any person or of any firm. compan or corporation, includingjn the liability of any no or company the liabilities of the several cmbers thereof, shall at no time exceedone tool part of the amoupt‘of the capital slockpfsuch lL‘xdOCIflhOaclltually paidin, unlesssuch liabilities consist of harmfide bills of exchange or drafts payable at another place than where it is drawn and drawn against actually existing values or of commercialor businesspaper Clb'COliDiOftol r the iudorscrand actually ownedby th9person.firm. company, or corporationfor whomit is discounted; including all bu unces duo from any person, firm, company or corporation. excoptbalancesduo from another nationa banking association.iind no asso coibnlliigoant ioshnaplal yiianbiuleeaatnyancyerfutitfiucraetedarye.cneoiprta, odrveortthiseer solicit or receive depositsin}n savings bank. And in caseofany violation of this section.the resident and cashierand directors shall be persona l liable to the associationfor any lossincurred bte nsso elation on the excesscfliability beyond the amount of oneto nthof the capital stock as aforesaid: and the wociationshall be subJoctto a penalty of $1.000 for everycasein which the liability of anypprsuu, firm. company or corporation.asaforesaid is in excessofone 10th part of the amount actuallypaid in of the capital stock of such association.to berecoy cred to t a useof the U.S and depositedin the Treasury and a liko ponaltyfor any certificate, recci t or other obligation issiied us aforesaid or for vertisiuz. soliciting, or receiving depositsas a savingsbank.
Mr. HOOPER, of Massachusetts. I be to correct the gentleman; I said for nation bank circulation.
Mr. HOTCHKISS. With that correction I believe I understand the views of the gentleman. National bank circulation is redeemable in specie, or I trust in a short time will be. National currency is not. I aprehend we shall have in coin in due time asufficient specie basis for the currency of the country. At least we ought to have, and if we shape legislation properly we shall have. There is a great anxiety to retire greenbacks in order that we may return to specie payment. The objection to doing that is that it reduces the volume of currency too rapidly. The amendment offered by me obviates that objection; it also obviates the objection that we have an irredecmable paper currency. n regard to the question of reducingthe vol ume of our currency to 300 millions, it is, in my estimate impracticable. We have now in circulation about 1,000 millions of paper currency, exclusive of $800,000,000 of 7 thirties, which pass from hand to hand as circulating medium to a great extent. The volume of currency now in circulation isas follows: National currency Compound interestnotes State bank notes. Total. $931.974.384 How we are going to come down to $300,000,000 without great distress in the country is more than I can see. I think that this amendment would relieve all the parties interested, would relieve the business of the country from embarrassment, and enable the Governmentto return to specie payments, and enable the banks to return to specic payment. Here the ammer fell.]
Mr. HOOPER, of Massachusetts. I wish to so that the Gentfrom NewYork is mis' to {en in stating that his colleague, [Mr. POMEROY] the chairman of the committee, had no Opportunity to bring this question before the committee.
Mr. HOTCHKISS. I by the gentleman’s pardon. I did not so so. y statement was that the chairman ha to leave for home, and that before doing so he had no opportunity to confer with any of the members of the committee who harmonized with him in his views. 'Mr. HOOPER, of Massachusetts. The reason was that there was no member of the committee who harmonized with him in his views.
Mr. HOTCHKISS. I was only explaining why I offered the amendment.
Mr. HOOPER, of Massachusetts. The object of the amendment is to withdraw $100,000,000 of greenbacks and give tha' benefit of that amount of circulation to the banks. It would cost the Government from 5 to 6 million dollars annually to do it. The committee were unanimous, with the exception of the chairman, in their opposition to any such measure, and I hope the amendment will not be adopted.
Mr. ROSS. I move to amend the amendment by adding thereto the following proviso: Provided.however, That hereafterno bondsor obligations of the U.S shall beissuedwhich areexemptfromState.county or municipaltaxation. I think it is time that there was a concurrence of sentiment between the members of the House and myself upon this subject.
Mr. RANDALL, of Pennsylvania. I do not think this amendment is in order at this time.
The SPEAKER. The Chair thinks that it is not germane to the amendment, and an amendment to an amendment must be ger mane.
The SPEAKER. fhat may possibly be, but it certainly is not germane to the amendment. The Chair will reserve the question whether it, is germane to the bill until he can examine the bill to see if it provides for the issuing of bonds. If it does he amendment of the Gentfrom Illinois will be germane.
Mr. HOOPER, of Massachusetts. The bill does not provide for the issue of any bonds.
The SPEAKER. Then the amendment is not. germane.
Mr. RANDALL, of Pennsylvania. It is hardly necessary for me to add anything to what has been said by the Gentfrom Massachusetts [Mr. Hbornn] in connection with this subject. The main feature of the amendment is to increase the banking circulation $100,000,000. The wish of the public is that the amount of the present circulation of the national banks should be reduced rather than increased, and that greenbacksshould take their place. I hope the amendment will be voted down.
Mr. STEVENS. I move to strike out all that part of the amendment which refers to the retiring of greenbacks. My opinion is that in stead of the pernicious provisions of this bill curtailin the circulation ten f%. it ought to provi e for an increase 0 circulation. In my judgment this whole national banking sys tem was a mistake. I thought so at the time it. was adopted, and I think so still. I think every dollar of paper circulation ought to be issued by the Government of the U.S. I think that the Government ought to have all the profit of such circulation, which would be more than $20,000,000 a year. I should have referred that the Gentfrom NewYork FliMr. POMEROY] had proposed there should have been $20,000,000 in greenback bearing no interest; but I am content. I know that the present circulation is not adequate to the business of the country. This bill is calculated to destroy all the interests of the country except those of a few metro olitan banks which seek to absorb all the business of the country. With the exception of the banks of Boston, NewYork, and hiladelphia, the amount will do no harm. If the amendment to the amendment which I have proposed should be adopted I will then vote for the amendment of the Gentfrom NewYork, otherwise I shall be compelled to oppose it.
Mr. ROLLINS. I rise to oppose the amendment to the amendment. I desire to suggest to this House that it is necessary, at least in some parts of the country, that there should be provided additional banking facilities. before making an remarks upon this subject I ask to have reasome resolutions of the State of NewHampshire, ziipproved July 7, 1866.
Mr. STEVENS. I will withdraw the amendment to the amendment if the Gentfrom NewHampshire [Mia Romulus] will renew it.
Mr. ALLE. Will the Gentfrom NewHampshire [Mr. ROLLINSfipermit me to ask him a question?
Mr. ALLEY. I would ask the gentleman to state what, at the last report, was the amount of loans of the banks, national and State, in NewHampshire.
Mr. ALLEY. I think the gentleman will I have not the figures at Mr. RULLIN S. I desire to say that the na find that their facilities have not been reduced in the least. I think if he will look at the amount of loans of the banks of NewHampshire, State and national. he will find it as much as before the banking law went into operation.
Mr. ROLLINS. I think, Mr. Speaker, he will find no such thing. The Legislature of the State of NewHampshire has passed a series of resolutions and I think it is to be presumed that the Legislature knows something of the available amount of ca ital in the banks of the State declaring that t rec 5th s of our banking facilities have been taken from us under the existing law. The banks organized under State law will be obliged to withdraw their cir culation; and we shall have left to us the national banks, with ability to loan to our business people but a little more than $3,000,000 if every ollar is made available that is allowed to us under the law. Whatever the Gentfrom Massachusetts may think, I know it to be a fact that we have now but 2/5th s of the banking facilities that we formerly had. I believe that it is the duty of the national Government to afford to us privileges equal to those of which we have been deprived by the legislation of the Governmentunder which our State banks have been taxed out of existence. The uniform intent and design of thelegislation of Congress in reference to the national banks has been to destroy the local institutions of the States, and, in my view, it is the duty of Congress to give us banking facilities equal to those of which we have been deprived. Iwithdraw my amendment to the amendment.
Mr. KELLEY. I renew the amendment. I desire to say that the proposition to reduce the amount of currency appears to me most unfortunate.
Mr. RANDALL, of Pennsylvania. I rise to correct my colleague. This bill in no manner proposes to reduce the circulation to the extent of a single dollar.
Skip Skip Mr. HOOPER, of Massachusetts, demanded the previous question. the previous question was 2nded and the main question ordered. The amendment to The amendment was agreed to. Mr. HOOPER, of Massachusetts, demanded theycasnndnayson the amendmentasaincnded. The yeas and nnys were ordered.
Skip Skip The question was taken; and it was decided in the newative yeas 28, nays 87, not voting 71; So the amendment, as amended, was rejected. PAY or TENNESSEE MEMBERS.
The SPEAKER. The Chair has received the following letter from the Sergeant at Arms: Ssaonssr Ar Aaus's Orrica. HoRep, WASHINGTON.D. 0. July 25.1866. Sm: My attentionhasbeencalled to the question of the payment of the members recently a mitted from the State of Tennessee and as I can only fill up certificatesfor pay and inilcaize under yourdircction I desiretobeInformedof the amountwhichyou wiIll certify to be due to eachmember. am. Withrespect.your obedientservant. N. (I. 0RDWAY, SerpeaM at Arma House qf Representatives. Hon. Scuurtnii Conrax Speaker HoRep. As this embodies a new question, the Chair will refer it to the decision of the House.
Mr. STEVENS. There is no difficulty about it. These members were members from the commencement of this Congress, as it afterward turned out. I move they be allowed pay and mileage from that time.
Mr. DAWES. There can be no doubt about it. The precedents are all in favor of the motion. It was so in the Louisiana case and in all the others.
Mr. LOAN moved that the matter be referred to the ComElections.
Skip Skip The motion to refer was disagreed to. Mr. Srnvuss’s motion was adopted. Mr. STEVENS mtRtv the resolution was adopted; on the table. agreed to. ENROLLED BILLS, ETE., SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound trul enrolled bills and JtResolutions of the following titles; when the Speaker signed the same: An act (. R. No. 438) in relation to the appointment of clerks to the courts of Washington Territory; An act (H.R.No. 772) to authorize the issue of certain bonds in denominations greater than $1,000; An act (H.R.No. 728) authorizingthe SecyTreasury to issue certificates of registry, or enrollment and license, to certain vessels;JtResolution (H.R.No. 101) for the relief of certain officers of the Army; andJtResolution (H.R.No. 176) amendatory of a JtResolution entitled, “A resolution respecting bounties to colored soldiers and the pensions, bounties, and allowances to their eirs, ” approved June 15, 1866. BANK BILL AGAIN.
Mr. FARQUHAR. I desire to move to strike out the paragraph.
Mr. HUBBARD, of WestVirginia. Imove to strike outafter the word “associations, ” in line 63, down to and including the word “act” in line 66, namely, “ and no association shall issue any certificate, receipt, or other obligation ayable at any future day, nor advertise for, so icit, or receive depositsas a savings bank.”
Mr. li‘AltQUHAR. I accept that amendment in lieu of what I proposed. The question beingta "on on the amendment, it was not agreed to ayes 27, noes not counted.
The Clerk read as follows: That section 30 be amendedby striking out all after the enactingclauseand insertingin lieu thereof the following: that everyassociationmay take. ro ccive. reserve and charge onany loan or discount made or upon any note.bill of exchange or other evidencesof debt.interestatthe rate allowedby the laws of the Stateor Territory wherethe bank is locaantyed and no moree. xcept that wherebythe lawsof Statea difierentrateis limited for banksofissue organizedunder Statelaws.the ratessolimited shall be allowed for associationsorganized in any such State under this act. And when no rate is fixed by the laws of the Stateor Territory the bank maytake, receive.reserve or chargea rate not exceeding7%.andsuchinterestmaybetaken in advance. reckoningthe daysfor which the note bill or other evidenceof debt has to run. And the knowingly taking. recoivm. reserving or charging a rate of interestgrentert an asaforesaid shall be held and adjudgeda forfeitureof the entiredebt. And here after, in caseagreater rate of interesthasbeenpaid the person or personspaying the same or their eggs representatives.mayrccovcrback the amountoft o entire debt or so much thereof as may have been paid from the association in; or.receiving the same: Provided. That such action is commenced within 2 yearsfrom the time the usurious transaction occurred: but the purchase.discount, or sale of a bonaMe bill of exchange. payable a t place another than the placeof such pure use.discount or sale.at not morethan the current rate of exchange for sight drafts.in addition to theinterest shall not beconsideredas taking or receiving a greater rate of interest.
Mr. PRICE. I move to strike out after the word “more, ” in line 80 'six, down to and including the word “ act, ” in line 89. namely, “except that where by the laws of any State a different rate is limited for banks of issue organized under the State laws, the rate so limited shall be allowed for associations organized in any such State under this act.” The object will be obvious. There are some States where there are 2 rates of interest fixed, one for banks and another for individuals. Some of the banks are winding up, and it is a question whether they are in existence or not. If a national bank should change a rate of interest, that would be decided under the law where the State banks are windin up to be illegal; it would forfeit the entire ebt. By striking out the words I have indicated it Will allow a national bank in any State or Ter' ritory to change the rate of interest allowed in that State orTerritory by law. The State Bank of Iowa, for instance, has been winding up for some 18 months, and it is a question whether it is now in existence or not. If a national bank in Iowa should charge interest exceeding the rate allowed to be c arged by the State Bank of Iowa, the question would arise whether that bank was in existence or not, and upon the decision of that question would depend the legality of the transaction. Therefore I wish to get rid of this thin. The same thing may exist in other States. y striking out these words we clear the section of am biguity, and leave the banks to charge the rate of interest allowed by law in the States and Territories.
Mr. Paica’s amendment, and it was agreed to.
Mr. PRICE. I move now to strike out the word “debt” where it occurs in the 90 7th line, and to insert in lieu thereof the word “interest.”
Mr. CONKLING. I hope that amendment will not revail.
Mr. CONKLING. I will tell you why not presently.
Mr. PRICE. The reason for the amendment, it seems to me, is so obvious that I did not suppose any gentleman would require anything to be said about it. It is this: that if there are an States or Territories in which 2 rates of interest are allowed and a bank should inadvertently charge the wrong rate of interest, then, under this bill, they would forfeit the entire debt. I trust the House will not hesitate to adopt this amendment.
Mr. L NCH. Does not this bill provide that a bank shall be wound up if it violates this particular provision?
Mr. conKLING. Undoubtedly this bill provides that in a variety of cases abank shall e wound up by machinery which is here provided. But letme ask the Gentfrom Maine [Mr. LYNCH] if he an poses that a poor man who has been oblige to pay ten dollars for blood money will ever resort to that proceeding and have a bank wound up. It is very much like a right that a black man formerly had in some of the States to appear in court in a suit to establish his freedom. Sir, it is holding out the idea of hope to the ear and breaking it to the heart. f we are going to have a usury statute let us have one that the rich man and the poor man may alike avail themselves of, and not evade it by saying that there is a revision by which they may 0 to the Comptreller of the Currency, and from the Comptroller of the Currency to some one else, who will send a commissioner to institute proceedings before some one else to wind up the bank. The question was upon the amendment of Mr. Paws.
Mr. PRICE. I will withdraw the amendment if the Gentfrom Maine [Mr. LYNCH] will renew it.
Mr. PRICE. Will the gentleman yield to me for a moment? ‘
Mr. PRICE. I want tosay to members here, in answer to all the fine ar nments made by the Gentfrom NewYork, [Mr. Comt LING, ] that this has been the law ever since the organization of the national bank system, and I think that gentlemen will say with me that there has not probably been one case in 100where any fault has been found with the law as it exists. I only ask that the law shall remain as it has been since the organization of the national bank system.
Mr. LYNCH. I desire to say but a few words in reply to the Gentfrom NewYork, [Mr. Cossuso. In addition to the power given here to wind up a bank by the Comptroller of the Currency, there is another safeguard against the charging of usury by the banks. That is, that the president and direct ors of a bank in making out their certificates must, under oath, certify that they do not take usurious interest. I wanted to ask the Gentfrom NewYork, while he was up, whether in the State of NewYork there is a forfeiture of the entire debt for usury. In but very few of the States of the Union, in none of the NewEngland States, I think, is there anything more than the forfeiture of the interest. And as has been remarked by the Gentfrom Iowa, [Mr. PRICE, ] since the passage of the 1st national bank bill to the present time, such has been the revision upon that subject. h
Mr. CONKL NC. I will call the attention of the Gentfrom Maine [Mr. LYNCH] again to the fact that he is quite mistaken in supposing that the effect of the amendment now offered would be to restore the old law. Very far from it. The old law provides that whoever suffers from the taking ofusury may in stitute a suit to recover back twice the amount which he has suffered. Here is a provision that the taking of usury shall simply forfeit the amount of interest. It will be seen that it is a very different provision.
Mr. LYNCH. I had intended to move to strike out that section when we shall come to it, believing that the section in the present law is very much better than this new provision.
Mr. BINGHAM. In connection with what has been said in reference to the penalty for usury, let me suggest whether it might not be well enough, while we are upon the subject, to establish a uniform rule of interest.
Several MEMBERS. We cannot do that. The amendment of Mr. Paws, as renewed by Mr. Lvxcn, was re'ected.
Mr. JENCKES. i Mr. Speaker, I desire to meet this question squarel. I am somewhat surprised, sir, that anybo y in this age of the world should make a serious proposition to sustain the usury laws; and it is made in this bill in a way which shows that the movers of it do not really believe in the wisdom of such enactments. Of all the section, down to line 104, every word is a tribute, not to the wisdom, but to the folly of such enactments; and ever line after that is devoted to pointing out the mode of evasion. I believe that now no commercial country in the world recognizes the value of such enact ments. We know that they have been abolished in England. We know they have no validity in the commercial nations on the continent of Europe. There is a lingering)fejll dice in their favor in the State of NewYork, and some other States of this Union, but every measure at the present session. one knows that there has been practiced in those States just such ingenious modes of evasion as that sought to be incorporated in this bill. Every one knows, also, that a prohibition of this sort upon banking corporations does not operate for the benefit of the man who wishes to borrow money, but it compels the banking corporation either to evade the law or to force its customer into the street. Instead of limiting the rate of interest to be paid for the use of money, it is a premium in favor of those who have money to lend, whereby they can exact a larger rate of interest than that allowed by law. I wish, as I said at the outset, to meet this question fairly and clearly, and to move to strike out of any banking law anything which looks to the recognition by Congress of any system of usury laws.
Mr. DELANO. I move that the further consideration of this bill be postponed until the 1st Monday of December next.
Mr. RANDALL, of Pennsylvania. This is a most important question. There can be none more so than these amendments to the national banking law. The present law is fullof defects which experience has shown to be detrimental to the public interest. We have made this report late in the session; butitisbetterlate than never. I will not enterintothe discussion efthe bankin system. I do not consider the system a soun one; but I think we should as ar as possible remedy these defects and prevent fraudulent transactions in connection with these banks.
Mr. DELANO. We cannot mature this I am not hostile to the bill; but I believe in motion is for the interest of the country. demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ANDALL, of Pennsylvania, demanded the eas&nays. the eas&nays were not ordered. Mr. OOPER, of Massachusetts, demanded tellers., Tellers were ordered; and Mr. HOOPER, of Massachusets, andMr. Dsmso, were appointed. The House divided; and the tellers reportedayes 54, noes 47. So the motion was a eed to. Mr. DELANO mtRtv the bill was postpdned 3 on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former its Secretary, announced that the Senate ha y concurred in the resolution providing for the acceptance of the portrait of resident Lincoln. The message further announced that the Senate insisted upon its amendments to House bill No. 780, to protect the revenue, and for other purposes, agreed to the conference asked by the HoRep on the disu reeing votes of the 2 Houses thereon, and had appointed Messrs. Howauo and HENDER SON conferees on the part of the Senate. The message further announced that the senate had disagreed to the amendment of the House to Senate bill Ne. 39, to amend the acts relating to officers employed in the examination of imported merchandise in the district of NewYork, asked for a committee of conference on the disagreeing votes of the 2 Houses thereon, and had appointed Messrs. CHANDLER, Menem, and RIDDLE conferees on the part of the Senate. IMPORTED MERCHANDISE.
Mr. ELIOT, by unanimous consent, moved that the House insist on its amendments to Senate bill No. 39, to amend all acts relating to officers employed in the examination of imported merchandisein the district of newYork, and agree to the conference asked for by the Senate. The motion was agreed to. ADJOURNMENT or couoasss.
Mr. DELANO. I move to take from the Speaker’s table the amendment of the Senate to the House resolution fixing the day of adj ournment. The motion was agreed to. The Senate concurred in the resolution of the House with an ameiidmentfixing Saturday, the 28th of July, instead of Wednesday, the 25th, as the day for the adjournment of conss.
Mr. CONKLING. I ask the gentleman to allow me to move to strike out ‘Raturday. the 28th, ” and insert “Friday, the 27th."
Mr. DELANO. The Senate will not concur, and I cannot yield. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ROMWELL demanded the yeas and D8 3. he yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 68, nays 54, not voting 64; So the amendment of the Senate was concurred in. Mr. DELANO. mtRtv the various votes the amendment of the Senate was concurred in; upon the table. agreed to. NEUTRAL RELATIONS OF THE U.S.
Mr. BANKS, by unanimous consent, from the ComForAffrs, reported a bill effectually to reserve the neutra relations of the U.S., which was ordered to be printed with the accompanying report, with leave to call the same up tomorrow after the mornin hour.
Mr. RATMOND, by unanimous consent, submitted a minorit report on the same question; which was 0 ere to be printed. ENROLLED BILLS AND RESOLUTIONS SIGNED.
Mr. STOKES, by unanimous consent, introduced a JtResolution to extend the jurisdiction of the Court of Claims. The JtResolution was read. It extends the revisions of the act of July 4, 1864, entitled “An act to limit the jurisdiction of the Court of Claims, ” to the loyal citizens of the State of Tennessee.
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. IlfMr. STOKES mtRtv the JtResolution was passed; on the table. agreed to. NATIONAL Dear.
Mr. GARFIELD. I am instructed by the ComWays and Mean's to report back Senate bill No. 300, to reduce the rate of interest on the national debt and for fundin the same, with sundryl amendments, and With a recommendation that it do pass.
Mr. WILSON, of Iowa. ering it in the House.
Mr. GARFIELD. I move to suspend the rules, and that the House resolve itself into the ComWhole on the state of the Union for the purpose of considering it.
Mr. RANDALL, of Pennsylvania. Let the bill be read.
Mr. GARFIELD. I will modify my motion by moving that the House consider this bill as in ComWhole under the 5 minute rule.
Mr. ANCONA. Is not the rule peremtory that all these bills must be considered in ComWhole?
The SPEAKER. All rules can be suspended during the last ten days of the session. I object to consid Ou the motion, as modified. there were yeas 80, noes 30; no uorum voting.
Mr. GARFIEL.Iadhere to the original motion to suspend the rules and that the House resolve itself into the ComWhole on the state of the Union.
Skip Skip The question being taken. there were ayes 40 noes 83; no quorum votin. Tellers were ordered; and lHessrs. NICHOL son and GARFIELD were appointed. The House divided; and the tellers reported ayes 53, noes 42. Mr. WILSON, of Iowa, demanded the yeas&nays, and tellers upon the yeas&nays. Tellers were not ordered. The yeas&nays were not ordered. So the motion was agreed to. The rules were accordingly suspended, and the House resolved itself into ComWhole on the state of the Union, (Mr. Roma's in the chair.) WINNEBAGO RESERVATION.
The CHAIRMAN stated that the 1st business in order before the committee was the consideration of bill of the Senate No. 121, to provide for the enlargement of the Winnebago reservation, in the Territory of Nebraska, and for other purposes.
Mr. GARFIELD. I wish to say a few words in relation to the billwhich I proposeto takeu.
Mr. WINDOM. Oh, no! on cannot do that. I object.
Mr. BIN GHAM. the bills upon the Calen dar must be taken up scriatim. Mr. GARFIELD. I move, then to lay the bill aside.
Mr. WINDOM. I trust the committee will not agree to that motion. This is a bill which ought to have been passed at least 3 months ago. I deman tellers upon the gentleman’s motion. Tellers were not ordered; and Mr. GAB rinnn’s motion was agreed to. WYANDOTTE INDIANS. The next bill on the Calendar was the bill (S.No.432) for the relief of the Wy and otte tribe of Indians.
Mr. GARFIELD. I move that the bill be laid aside.
Mr. ROSS. Oh, 1101 This is a very important bill. I ask unanimous consent to say a word about it.,
Skip Skip The question was put upon Mr. Gmrisui’s motion; and there were ayes, 48 noes 29; no quorum voting. Mr. WINDOM demanded tellers. Tellers were ordered; and Messrs. Ross and GAnrinLn were appointed. The committee divided; and the tellers reported ayes B2, noes 43. So Mr. GAnrisnn‘s motion was agreed to; and the bill was laid aside. IOWA CLAIMS. The next bill upon the Calendar was bill S.No. 35, for the relief of the citizens of Iowa for damages sustained by reason of depredations an injuries by certain bands of Sioux Indians.
Mr. PRICE. Oh! I object to that. That bill ought to be passed.
Skip Skip The question was put upon Mr. GAM‘innn’s motion; and there were ayes 50, noes 44. Mr. WINDOM demanded tellers. Tellers were ordered; and Messrs. WINDOX and GARFIELD were apointed. The committee divi ed; and the tellers reported ayes 48, noes 47. So the motion was agreed to; and the bill was laid aside. BOUNDARIES Of IDAHO AND OREGON. The next bill upon the Calendar was bill of the Senate No. 251, providing for the survey of the boundary between the Territory of Idaho and the State of Oregon. Mr. GARFIELD. I move that that bill be laid aside.
Skip Skip The question was put; and there were ayes 29 noes 34; no quorum voting. Mr. RADFORD demanded tellers. Tellers were ordered; and Messrs. MonniLL, and WiLsois of Iowa, were appointed. The committee divided; and the tellers reported ayes 48, noes 40. No quorum voting, the Chairman, under the rule, ordered a call of the committee. The roll was accordingly called, and the following members failed to respond to their names: Messrs. Amos. Anderson. delos R. Ashley. James M. Ashley. Baldwin. Bosnian. Blaine, Blow. Boutwell. Brandegce.Bundy.Clianler. Reader W. Clarke. Cobb. Cook. Culver. Darling. Davis. Dawson.Dem mixi Denison. Dodge. Donnelly. Drizgs. Dumont, Ec lcy. E glcston. Glossbrciincr. Goodyear (irider. riswold. Ilnle. Harris, Hayes. Ilcnder llill Asahol W. Hubbard, deinas Hubbard. lI.' Hubbard. Edwin N. Hubbell. Humphrey. Jones. Ixelsp.GeorgeV. Lawrence. long year. Mar shall Marvin.MeCiillougli. McIudoeJlIc (no. Moul ton. Newell Noel. Phelps, Pike Plants, Pomeroy. Samuel J. andnll. Raymond. Alexander H. Rice, Rogers.Schenck.Sitgreaves.Sloan Smith. Spzilding. Starr. Stilivell. Taber. thaycr, Francis Thomas. Thornton. U son. Van Aernitm, WarneraElihu B. Washlgumo. enry D. Washbnrn and William B. urn. The committee rose, and
The SPEAKER having resumed the chair, Mr. ROLLIXS reported that the ComWhole on the state of the Union, having found itself without a quorum, he had directed the roll of members to be called, and now reported the names of the absentees to the House.
The SPEAKER. More than a quorum having answered to their names, the chairman of the ComWhole on the state of the Union will again resume the chair. The ComWhole on the state of the Union (Mr. ROLLINS in the chair) accordingly resumed the consideration of Senate bill No. 251, providin for the survey of the boundary between the erritory of Idaho and the State of Oregon. The pending question was upon the motion of Mr. GAiii‘iEnn, that the bill be laid aside.
Mr. MORRILL, and Mr. Wilson of Iowa, had been appointed tellers, and they resumed their places. The committee again divided; and the tellers reported ayes 51, noes 45. So the motion to lay the bill aside was agreed to.
Mr. WRIGHT. The number of the bill which the Gentfrom Ohio [Mr. GAn FIELD] desires to have considered is Senate bill No. 300, and there are a dozen bills before it. Now, at this rate we may occupy the entire day in getting at that bill. I therefore move that the committee rise for the purpose of allowing me to submit a motion to postpone all prior orders in ComWhole on the state of the Union, so that we may at once take up that bill.
Skip Skip The question was taken, and the motion was not agreed to. SANITARY MEASURES FOR.WASHINGTON. The next business on the Calendar was a House JtResolution No. 121) reported from the ComDistCol, to place funds in the hands of the ComrPubBldg for sanitary purposes.
Mr. GARFIE D. I move that this JtResolution be laid aside.
Mr. STEVENS. I hope not; I think it should be passed.
Mr. GARFIELD. I withdraw my motion. The JtResolution was read. It provides that the sum of $25,000 be appropriated, pay able out of any money in the Treasury not otherwise appropriated, and placed at the control of the ComrPubBldg, to be expended by him, or so much thereof as may be necessary, to do such work as may be required to put in a proper sanitary condition the avenues and pubic reservations under his control, so as to prevent, if possible, the appearance of the olera or other epidemic in the city of Washington. l
Mr. GARFIELD. I move that this JtResolution be laid aside, to be reported to the House with a recommendation that it do pass.
Mr. FARNSWORTH called for tellers. Tellers were ordered; and Messrs. Incan 801.1 and Ranrosn were appointed. The committee divided; and the tellers reported ayes 42, noes 52. So the motion was not agreed to.
Mr. FARNSWORTH. I move to strike out the enacting clause of the JtResolution. The motion was agreed to. RECONSTRUCTION. The next business upon the Calendar was a llill introduced by Mr. S'rnvnxs, (H.R.No. T23,) to enable the States lately in rebellion to regain their privileges in the Union.
Mr. STEI'ENS. I ask that the committee proceed with the consideration of that bill. It will probably not take over an hour, and it is a very important bill, and I am not willing that Congress shall adjourn without votin upon it. I have some amendments which desire to offer, and then I propose to move that the bill and amendments be reported to the House and printed, and postponed until tomorrow. I trust that the committee will agree to that. 4
Mr. LEBLOND. I call for the reading of the original bill and the amendments.
Mr. STEVENS. I am willing to have it read; but I do insist that avote shall be taken upon it.
Mr. BINGHAM. I rise to a question of order. My colleague [Mr. GARFIELD] rose in his place before the Gentfrom Pennsyl vania offered his amendment and moved to lay the bill aside.
The CHAIRMAN. The Chair overrules the point of order. The Gentfrom Pennsyl vania was reeo nized.
Mr. GARFI "LD. I rise to a question of order. I desire to ask whether it is not in order, before the bill is read, to move to lay it aside.
Mr. STEVENS. I have not surrendered the floor.
The CHAIRMAN. The Chair supposed that the gentleman had yielded the floor.
Mr. STEVENS. Not at all. I do not mean to yield it. I want to have a vote upon this question.
Mr. ALLISON. I ask the Gentfrom Pennsylvania to yield for the purpose of allowing the bill and amendments to be reported.
Mr. BROOMALL, by unanimous consent, reported back from the ommittee of Accounts the following resolution; which was read, considered, and agreed to: Reaoleed.That the compensation of the clerk to the ComClaims befixed at the same rate us that of the clerk to the ComAppropriations. to commencefrom the 1st day of the present session of Congress.
Mr. BROOMALL mtRtv the resolution was agreeddo; and also moved that the motion to recoumder be laid on the table. agreed to. RELIEF OF DRAPTED MEN.
Mr. ANCONA. I ask unanimous consent to report from the ComMilAffr, for action at the present time, a bill for the relief of certain drafted men.
Mr. ALLEY. I must object. I think we should not attempt to fpass any bill of this kind while there are so few members present.
Mr. ANCONA. Then Icall for the regular order. The House agreeably to order, proceeded to the consideration of the business on The SPEAKER’s table. ALABAMA AND rLoninA RAILROAD.“ The 1st business on The SPEAKER’s table was the JtResolution (S.R.No. 134) extendin time to the Alabama and Florida Railroad Company for the payment of duties on railroad iron; which was read a 1st and 2nd time.
Mr. WILSON, of Iowa. I move that this bill be referred to the ComWays&Means.
Mr. BINGHAM. I hope that the bill will iot he referred. It ought to be passed. On the motion of Mr. Wilson, of Iowa, there were ayes 16, noes 11; no quorum vot in. Tin WILSON of Iowa, moved that there be a call of the House. The motion was agreed to.
Mr. WILSON, of Iowa, by unanimous consent, withdrew the motion that there be a call of the House, and moved that the JtResolution be postponed for half an hour. The motion was agreed to. WILLIAM P. WINGATE. The next business upon The SPEAKER’s table was Senate JtResolution No. 123, in relation to the settlement of the accounts of will liam P. Wingate, collector of the port of Ban gor, Maine; which was read a 1st and 2nd time. On motion of Mr. McRUER, the JtResolution was temporarily laid, aside. RECORDING WILLS. The next business upon The SPEAKER’s table was Senate bill No. 289, to provide for the probate of and for the recording of wills of real estate situated in the DistCol, and for other purposes; which was read a 1st and 2nd time. On motion of Mr. WILSON, of Iowa, the bill was referred to the ComJudiciary.
Mr. WILSON, of Iowa, mtRtv the bill was referred; on the table. agreed to. LAND AND BUILDING COMPANY. The next business on The SPEAKER’s table was Senate bill No. 384 to incorporate the Washington Land and lluilding ompany of the DistCol; which was read a 1st and 2nd time.
Mr. MERCUR. lVhen this bill came to this House it was taken in and examined by the ComDistCol, and it was agreed that I should recommend its passage.
Mr. MERCUR. Yes, sir. The bill was read.
Mr. KASSON. I thought Iobserved a prohibition against any other company engaged in the like business. Is there any such restriction?
Mr. MERCUR. It declares, on the contrary, “that nothing in this act shall be construed to prevent any other incorporated company, here after to be incorporated by Congress for this purpose, from engaging in and pursuing the same business, as specified in the 7th section of this act.”
Mr. CONKLING. I should like to understand something about this bill before we pass it. We have had in the State of NewYork a eat deal of experience in reference to building associations and building companies under, various names and with various arrangements of legislation, and all that experience has led me to dread special charters for nothing so much as for the business of building houses on this plan of 5dollar shares, or any other similar plan. But beyond all that, I wish the Gentfrom Pennsylvania would tell us why it is in this District, in defiance of the legislation of the whole country, now and for years, of general acts under which all the business that capital needs can be carried on, special charters are granted giving monopolies more or less to certain named men and their successors. We have in most of the States abandoned the whole practice of special charters. We have adopted general laws; and the more universally they are adopted the more entirely are all communities satisfied that that is the proper way a mode which engenders competition, discourages monopoly, and leads to general and wholesome condition in all respects. I do not see why that should not be adopted here. I do not see why this city should be deprived of the advantages which accrue to other parts of the country from the mode in which business is there transacted. I have no doubt the bill is right so far as any act for this purpose is right.
Mr. CONKLING. I want to call the entleman’s attention and also the attention of the House to the 7th section: SEC.7. Abife: That the president and directors shall havefull powerand authority, on behalf of the coman, to purchase or lease land within the city of usington, and sub leaseor sell and convey the same, to erect dwelling housesand all other buildings on the land soleasedor purchased and rent lcnso.orsell the same, with the land appurtenancies there unto belonging and generally to do and perform all acts.matters and things to encourage mechanics and citizens of Washington in procurin housesand homesupon the most advantageous and economicalterms. Now, I ask whether that section does anything more or less than to charter an incorporation for the purpose of possessing itself of the most desirable and available bits of property all about the city on the best terms and making a profit out of the operation. It seems to me it is a mere intelligence office of real estate for the benefit of the monopolists, and I undertake to say thatif any reason can be furnished why this corporation should be chartered in the city of Washington to handle real estate, that reason will show that no such provision as that should be contained in it, unlessthe object is to subserve the interest, not of the public, but of those who are to profit by it. Pthiuk that those who come here and those who legislate here are sufficiently ridden now with the enormities of exaction which prevail here, and I think it wrong that a company should be chartered with a capital of ha fa million dollars to begin with, to snap up every scrap of 'real estate in the District.
Mr. MERCUR. I will yield now to my colleague, [Mr. W11.I.I.Ms.]
Mr. ILLIAMS. The bill contains a provision that nothing therein contained shall be construed to deny to Congress the power of in corporating other companies of a like description. I wish to know if it is the judgment of the committee that the incorporation of such a company involves a surrender of such power on the part of Congress. If not, then it follows that this provision is unnecessary, and there is only one thing in the section that is of any value, and that is so much as reserves to Congress the right to amend, repeal, or alter the charter. Then there is another matter connected with this to which I desire to call attention. I find a clause here providing that the stockholders of this company shall be liable, individually, to the amount of the stock held by them. The liability is not to be confined, as I understand this provision, to the amount of stock subscribed; so that if the debts of the companu exceed the amount of stock subscribed, the ore itors of the company would have to suffer.
Mr. MERCUR. I am not authorized to express the opinion of the committee on the legal point raised by the member from Pennsylvania, but I have no hesitation in submitting my own opinion, which is that it is necessary that Congress should retain the power to charter other companies. The House will bear in mind that this is substantiall a provision on thorizing the company to perorm any business that may be in pursuance of their charter. They have real estate'. They own lands upon which buildings will be erected. It is something that is not transient or fleeting; something that cannot go out of their pockets; so that the credit ors of the company have a permanent security, and all persons who may deal with this corpo ration. It strikes me that may be held to be a sufficient security; but in addition to that, this clause proposes that there shall be an individual liability on the part of each incorporator equal to the amount of his stock. There certainly could be no objection to putting this additional guard upon the operations of this ineor oration, and thus seeking further to protect the interest of all those who may become its creditors.Mr. Speaker, let me say a word in answer to the Gentfrom NewYork, [Mr. Coxu LING, ] who thinks that under this charter this incorporation will purchase and hold too much property in the clty. It is true, by this bill they are authorized to sell stockto the amount of $500,000, or not less than $100,000. But if I understand this matter, the incorporators do not possess sufficient means to go far in ur chasin a real estate. If the gentleman at New orllt will reckon up the valuation put upon some of the houses and lots in this city, he will find that the sum mentioned in this bill would purchase very few of them.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foam, its Secretary, informed the House that the Senate receded from its disagreement to the amendments of the House to the bill (H.R.No. 170) in relation to the district courts of the U.S. in the States of California and Louisi aua, and agreed to said amendment. The message further informed the House that the Senate insisted on their amendments disagreed to by the House to the bill (H.R.No. 138) to increase and fix the military peace establishment of the U.S., agreed to the conference asked by the House thereon, and had appointed Messrs. WILSON, HARRIS, and Nssin'ru the conferees upon the part of the Senate. The message further informed the House that the Senate had passed the bill of the House (No. 422) for the relief of Mrs. Ann E. Smoot, widow of Captain Joseph W. Smoot, with an amendment, in which he was directed to ask the concurrence of the House. LAND AND BUILDING COMPANY AGAIN.
Mr. MERCUR. I believe that there is nothing in the statement of the Gentfrom NewYork calculated to injure this bill or to harm any person interested in it, and I therefore deman the previous question.
Mr. PAINE. I rise to a privileged question. M conviction is that this bill
The SPEAKER. That is not a privileged question pending the demand for the previous question.
Mr. PAINE. Well then, sir, I move to lay the bill upon the table.
The SPEAKER. That motion is not debatable.
Mr. PAINE. It isa privileged motion, however, and I make it.
Skip Skip The question was taken, and upon a division there were ayes 61, noes 31. Before the result of the vote was announced, Mr. MERCUR called for the yeas&nays. The yeas&nays were not ordered. So the motion to lay on the table was accordingly agreed to. Mr. PAINE mtRtv the bill was laid on the table; on the table. agreed to. ALABAMA AND FLORIDA RAILROAD. The next business upon
The Clerk read The SPEAKER’s table was a JtResolution of the Senate NO. 134) extending time to the Alabama an Florida Railroad Company for the payment of duties on railroad iron; which at the commencement of the evening session had been laid by on gotion of Mr. WILSON, of Iowa, for half an our. The JtResolution was read a 1st and 2nd time. The question was upon ordering it to be read a 3rd time. The JtResolution was read at length. It authorizes the SecyTreasury to extend a credit of 5 years to the Alabama and Florida. Railroad Company for the duties upon a sufficient quantity of railroad iron and fastenings to relay the track of the railroad from Pensacola, Florida, to the Alabama State line, a distance of 37 miles, by the railroad company giving satisfactory security for the payment of such duties within the term of 5 years with semi annual interest thereon at the rate of 6%. in gold, and the iron and fastenings shall be used for no other purpose until the duties are paid in full.
Mr. BINGHAM. I call the revious question on the 3rd reading of the Iiill.
Mr. INGERSOLL.‘ I move to lay the bill on the table, as that seems to be the order of business this evening.
Skip Skip Mr. ALLISON. I call the yeas&nays on the motion to lay this bill upon the table. The yeas and nnys were ordered. The question was taken; and it was decided in the affirmative yeas 54, nays 48, not voting 84; So the bill was laid on the table. Mr. INGERSOLL mtRtv the bill was laid on the table; on the table. Mr. MORRILL. I call for the yeas&nays on that motion. The yeas&nays were not ordered. The motion to reconsider was laid on the table. MEMPHIS RIOTS.
Mr. BROOMALL. In the absence of the chairman [Mr. Wasnnunsu, of Illinois, ] of the select committee appointed by this House to investigate the late riots in Memphis, Tennessee, the chairman being detained from the House by illness, I am instructed by the committee to submit a report, which, together with the testimony, I move be laid on the table and printed.
Mr. SHANKLIN. I submit a minority report from the same committee.
Mr. BROOMALL. I am also instructed by the same committee to move that there be printed for the use of this House 20,000 extra copies of the reports and testimony and 50,000 copies of the reports without the testimony.
The SPEAKER. The motion to print extra copies will go to the ComPrintg under the law. The question was upon layin the reports and testimony upon the table an ordering the same to be printed.
Mr. LEBLOND. I hope this testimony will not be printed. I do not think any member will read it even should it be printed, and therefore it would be a useless expense to print any copies at all. The whole subject mutter of the investigation is entirely of a local character; a matter the regulation of which belongs wholl to the State of Tennessee. But congress astaken upon itself to 0 into the different States to regulate what should be regulated by the olice of the State.
Mr. SCOFIELD. We have been regulating the business down there for the last 5 years. [Laughter.]
Mr. LEBLOND. I should not be surprised if there had not been some regulating down there, and some regulatin should have been done North, instead of all being done in the South. If that had been done, I have no doubt we should today have had a better state of things and a united country. But, sir, I am opposed to printing this report for the reasons I have named and for other reasons. The report, as I am informed, will make 800 pages of printed matter. It details the circumstances of a riot which took place in the State of Tennessee, and the facts of which have been published all over the country. We are just as well advised now of what occurred there and what gave rise to that riot, as we should be if this report were printed for electioneering purposes. I shall call for the yeas&nays upon the motion to print. I will now yield to my friendfrom Pennsylvania, [Mr. Josueox.)
Mr. JOHNSON. The subject matter of this investigation was nothing more than a riot. Nobody ever pretended at the start that it was more; and the committee, I understand, have arrived at the same conclusion. A riot in Mem his no more calls for investigation by this Iouse than a riotin NewYork or Philadelphia. If every riot occurring anywhere in the country is to be investigated by a congressional committee, and a volumine us report of the testimony to be printed at the public expense for circulation t rougliout the country, I think we shall find ourselves involved in alarger outlay of money than the people will justify. But, 511', in considering this proposition i must be borne in mind that it has a political object, a partisan purpose. Thisinvestigation has been so treated by the public press of the country. I understand, however, that it has failed of its object; and the matter will not be bettered by printing this report. We are already circulating more documents than are read by the people. We are already expending more money for publications of this sort than the people desire shall be so expended. This money, it must be remembered, is drawn from the people by direct taxation; it comes out of the labor and sweat of the country. I respect fully protest against this system. I have no objection to printing the ordinary number of copies of this report; but as for publishing 50,000 copies for circulation all over the country under the franks of members, I think we should leave such publications to private enterprise or to the political partisans whose purposes it may subserve.
Mr. LEBLOND.Mr. Speaker, I op 059 this proposition in entire good faith. ‘his report is a document which, in my judgment, ought not to be printed at all; and one of the principal reasons why I think so is that, as I understand, the committee recommend no action whatever on the part of Congress. If no action is to be, taken upon all this pile of testimony which the committee have reported, what can be the use of printing it in order to be sent broadcast over the country? If gentlemen wish to economize let them commence now.
Mr. BROOMALL.Mr. Speaker, I do not at all wonder that the 2 gentlemen who have spoken are opposed to the printing of this report and testimony. They know what it is. Iwill not pretend to make any argument in favor of printing it. I know whence the 0 position comes and the reason for it. I callthe previous question.
Skip Skip The previous question was 2nded and the main question ordered; which was upon ordering the printing of the usual number of copies of the report and testimony.
Mr. LEBLOND. My proposition was to print the report alone without the testimony.
The SPEAKER. The gentleman’s proposition comes too late. That might have been offered as an amendment to the motion of the Gentfrom Pennsylvania, [Mr. BROOM Ai.i.] But the House is now acting under the operation of the irevious question.
Mr. HARDINS, of Kentucky. I rise to a point of order. I wish to inquire whether it is in order to move a reconSideration of the vote by which the report was accepted. I understand that it is not the report of the committee at all.
The SPEAKER. There is no such motion known in the practice of this House. When the report of a committee is presented, any gentleman can raise the question whether the committee have actually agreed to the report. But after the report has been receive, no member can raise the question that it is not the report of the committee. he yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 85, nays 23, not voting 58; So the motion to print was agreed to.
Mr. LEBLOND. Will the minority report be’Iprinted with the ma'ority report?
The SPEAKER. 0th reports, together with the evidence, will be printed in the regular number; but in reference to the extra num her it will depend on the report of the ComPrintg. If the minority report had been made 11 days after the majority report, perhaps it would not be printed with the majority report. MRS. ANN E. SMOOT. The next business on The SPEAKER’s table was an amendment of the Senate to House bill No. 422, for the relief of Mrs. Ann E. Smoot, widow of Captain Joseph Smoot; which was concurred in. WILLIAM P. WINGATE. The next business on The SPEAKER’s table was Senate JtResolution No. 123, in relation to the settlement of the accounts of William P. Wingate, collector at the port of Ban or, Maine; which had already been read a irst and 2nd time.
Mr. MORRILL. I hope we will have some exduration of the JtResolution.
Mr. MORRILL. I hope it will be referred to the ComWays&Means. There are a good many cases of the kind, and it ought “ come to be carefully examined.
Mr. RICE, of Maine. I agree to that, provided they have leave to report at any time.
Mr. WILSON, of Iowa. They have that power. p
The SPEAKER. They have power to report at any time for commitment only; it will require unanimous consent to report at any time. Is there objection? The Chair hears none, and it is so ordered. GENERAL HOSPITAL. The next business in order on The SPEAKER’s table was Senate bill No. 214, to incorporate the General Hospital of the DistCol; which was read a 1st and 2nd time.
Mr. INGERSOLL. I demand the previous question.
The Clerk read The bill. It constitutes Joseph Henry, James C. Hall, Amos Kendall, Thomas Miller, Richard Wallach. George W. Riggs, Grafton Tyler, Henry D. Cooke, D. W. Mid dleton, Charles Knap, Benjamin B. French, James C. McGuire, Charles H. Nichols, will liam B. Todd, William Gunton, Edward Simms, and Thomas Young, and their successors in office, a corporation and body politic, under the name and style of the Directors of the general Hospital of the DistCol, to have, purchase, receive, possess, and enjoy any estates in lands, tenements, annuities, goods, chattels, moneys, or effects, and to grant, demise, and dispose of the same in such manner as they may eem most for the interest of the hospital; provided that the annual income from the same held by such corporation shall not exceed in value the sum of $25,000. Section 2 provides that the said corporation shall have full power and all the rights of opening and keeping a hospital in the city of Washington, for the care ofsuch sick, wounded, and invalid persons as may place themselves under the care of the said corporation.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time.
Mr. CONKLING. I ask the Gentfrom Illinois to explain to us a little about this $25,000, the object of it and what relation it has here; whether the hospital is a side show, or whether it is the other way.
Mr. INGERSOLL. I believe it is the other way. [Laughter] I demand the previous question on the nssage.
Mr. con(LING. I am not the only member who desires an explanation.
Mr. JOHNSON. I suggest that we pass the bill the other way. [Lang ter.]
Mr. CONKLING. Suppose the gentleman makes that motion, and we will vote on it.
Mr. INGERSOLL. The only object that these corporators have that I know of is char itable, to take care of the sick and wounded, or such of them as are disposed to put themselves under the charge of the hospital. This $25,000, I believe, is alimitation upon the value of the real estate.
The Clerk read as follows: Provided. That the annual incomefrom the same held by such corporation shall not exceedID value the sumof 825.000.
Mr. TRIMBLE. It is the annual income, The Clerk will report If the gentleman can establish a charitable hospital for that much money I do not see any objection. [haughten]
Mr. CONKLING. This corporation can hold any amount of property. The only restriction is that the annual rent which they realize shall not exceed $25,000. The gentleman who stands sponsorfor this bill says that $25,000 is to be the limit of the value of the real estate. Why, air, they can hold under this bill 5 millions of real estate, but their income must not exceed “$25,00oper annum. I think that is an extraordinary proposition. MLHBINGHAM. Strike out “annual in
Mr. DAWES. Amend by providing that the proceeds shall be aplied exclusively to the support of the hospital). '
Mr. N GEItSOLL. I have no objection to that.
Mr. TRIMBLE. Has this corporation authority under this bill to do anything else?
Mr. CONKLING. I would like to have that provision in the bill pointed out which requires this corporation to have any hospital, at all, large or small. I cannot find it. this entire] optional; the corporation may establilsh a ospital if they choose.
Mr. INGERSOLL. I do not suppose it is the business of Congress to impose upon any number of gentlemen, no matter how philan thropic they may be, the duty of opening a hospital for the sick in the DistCol, but if the see fit to do so and ask to be incorporated or that purpose with limitations which confine the operations of the corporation to that specific Tmsiness, and no other, I have no objection to it, and I an pose no hu mane man in this House has. that is all this bill proposes. They are limited to $26,000 so far as the value of the property is concerned, and I have accepted an amendment to insert after the proviso containing that limitation, these words: “and the property held by said corporation shall be devoted exclusively to the purposes of such hospital.” hir. ELDRIDGE. Ifthe property is limited to $25,000, of what earthly use is that to establilsh a hospital? It would not be capable of containing a half dozen invalids.
Mr. INGEItSOLL. Well, sir, if a half dozen gentlemen will take care of a half dozen invalids, I have no objection. It is a voluntary proposition on their part.
Mr. ELDRIDGE. It will require more than $25,000.
Mr. INGERSOLL. They may not be able to get more.
Mr. WILSON, of Iowa. Is there anything in the bill which will prevent this corporation engaging in any other business under the corporate name given in this bill, and receive compensation therefor investing money in real estate, for instance, or anything else?
Mr. DA WES. There is a corporation known in Massachusetts by the name of the General Hospital. It loans money all over the State. It has a little hospital somewhere in Boston for its own use, it is suggested and it is one of the largest money corporations in Mass chusetts. I was led to suspect that there was some such thing as that covered up in this bill because of the similarity in name. The biil does not require these parties to devote the real estate whrich they are permitted to hold to the purposes of the hospital, nor the income therefrom.
Mr. INGERSOLL. I see the necessity of the amendment. I was not u to the Yankee way of doiu these things unti the Gentfrom Massac usetts informed me. will have the bill read again, and then demand the previous question.
Mr. VRIGHT. The reason the gentleman wants this bill passed is he is anticipating his fate in November next. [Laughter]
Mr. BINGHAM. Ohl The bill was again reported as amended.
Mr. INGERSULL. call the previous question.
Skip Skip Mr. WILSON, of Iowa. I move to lay the bill on the table. On themotion to lay on the table there wereayes 55 noes 40. Mr. EINCK demanded the yeas&nays. The yeas an! nays were ordered. The question being taken on laying the bill on the table there were yeas 49, uays 49, not voting 88; The SPEAKER. The Chair votes in the negative; so it is not laid on the table. The question recurred upon seeonding the demand for the previous nestion upon the passage of the bill as amen ed. Skip Skip The previous question was 2nded and the main questioner cred; and undertheoperation thereof the bill was passed. Mr. INGERSOLL mtRtv the bill was, passed; upon the table. agreed to. BNROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled bills of the following titles; when the Speaker signed the same: An act (H.R.o. 387) making approprisrtions for the current and contingent expenses of the Indian dept, and for fulfilling treat stipulations with various Indian tribes for the year ending 30th June, 1867, and for other purposes; An not (H.R.No. 480) to provide for and to regulate the weighing of exports, and for other purposes an An not (H. No. 775) to establish certain post. roads. WASHINGTON COUNTY HORSE RAILROAD. The next business upon The SPEAKER’s table WM Senate bill NO. 380, to incorporate the Washin ton County Horse Railroad Company, in the DistCol; which was read a 1st and 2nd time.
Mr. LEBLOND. If the Gentfrom Illinois [Mr. Isesnsou] will yield to me for that purpose, I will move to postpone the further consideration of this bill)vuntil December next. It may be well that this bill, or some other like it, should ass: but certainly we cannot give to a bill of this length the consideration that it deserves at this time. Now, so far as I could understand this bill from its reading, it lacks one feature which I think this House ought to require to be inserted in eve bill of this kind. I refer to the individniiiy liability clause, which, so for as I could understand the bill, is omitted.
Mr. MILLER.ity to do with a railroad company?
Mr. LEBLOND. It ought to have something to do with it, if it has not.
Mr. CONKLING. It does not make them liable for nnythin.
Mr. INGERSOgLL. I suppose it would be too much to ask the House to consider this bill at this time, and therefore I move that it be eferred to the ComDistCol.
Skip Skip The motion to refer was agreed to. Mr. CONKLING mtRtv the bill was referred; on the table. agreed to. METROPOLITAN CLUB OF WASHINGTON. The next business upon
The Clerk read The SPEAKER’s table was Senate bill No. 393. to incorporate the Metropolitan Club of the DistCol; which was read a 1st and 2nd time.
Mr. INGERSOLL. I call the previous question on the 3rd readin of the bill.
Mr. LAWRENCE,0 Ohio. Will the Gentfrom Illinois [Mr. IngEB SOLL] yield to me to offer an amendment?
Mr. BINGHAM. With all respect to my colleague. I hope the gentleman wi lnot yield.
Skip Skip The previous question was 2nded. The question was upon ordering the main question. Mr. LAWRENCE, of Ohio. I move that the bill be laid on the table. Mr. INGERSOLL. Upon that motion I ask for the yeas&nays. The yeas&nays were not ordered. The question was then taken upon the motion of mr. Lawnsxcs, of Ohio, to lay the bill upon the table; and upon a division there were nyes61, noes 43. So the bill was laid on the table. Mr. WENTWORTH mtRtv the bill was laid on the table; on the table. agreed to.
Mr. ALLEY (at 9 o’clock and 45 minutes p. m.) moved that the House adjourn. The motion was not agreed to. WASHINGTON TEMPERANCE SOCIETY. The next business upon The SPEAKER’s table was Senate bill No. 424, to incorporate the Washington Temperance Society, of the city of Wasington, DistCol; which was read a 1st and 2nd time.
Mr. WARD. I call the previous question on the 3rd readin of the hi 1.
Mr. STEVEI S. I move to lay the hill on the table.
The Clerk read the bill. The motion to lay the hill on the table was not agreed to. The question recurring on ordering the bill to be read the 3rd time, Mr. WARD called for the previous question.
Skip Skip The previous question was 2nd e and the main question ordered; and under the operation thereof the bill was ordered to a 3rd readin, read the 3rd time, and passed. Mr. TVA RD mtRtv the bill was passed; on the table. agreed to. CIRCUIT COURT or WESTVIRGINIA. The next business on
The Clerk read The SPEAKER’s table wasJtResolution S.No. 133, to change the place'of holding the terms of the circuit court for the district of WestVirginia; which was read a 1st and 2nd time. It provides that e terms of the circuit court for district of 'estVirginia, heretofore held at Lewisburg, in the county of Greenbrier, shall be hereafter held at the city of Parkers burg, at the time now fixed by law. What has individual liabil
Skip Skip The JtResolution was ordered to a 3rd readinv, read the 3rd time, and passed. Mr. tWILSON, of Iowa, mtRtv the Jtresolution was passed; on the table. agreed to. PAY OF COLLECTORS OF CUSTOMS. The next business on
The Clerk read the Speaker’s table was the bill (S.No.400) entitle “An act to fix the compensation of certain collectors of customs, and for other purposes;” which was read a 1st and 2nd time.
Mr. BINGHAM. I move that the bill be referrred to the ComWays&Means.
Skip Skip Mr. WILSON, of Iowa. On that motion I demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was referred to the ComWays&Means. PACIFIC RAILROAD, SOUTHERN ROUTE. The next business on
The Clerk read The SPEAKER’s table was the bill (S.No.20) entitled “An act granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and rk‘ansas to the Pacific coast by the southern route.”
Skip Skip The SPEAKER. This bill has been read a 1st and 2nd time, referred to the ComPacificRR, reported back by unanimous consent, and placed upon The SPEAKER’s table. The question is on ordering the bill to a 3rd reading. Mr. PRICE. I call the previous question. Mr. CONKLIN G called for the reading of the bill. The Clerk proceeded to read the bill, but before he had concluded, (Mr. ALLEY moved that the House adjourn. The motion was agreed to; and the House (at ten o’clockand 5 minutes p.m.)adjourned.
Skip Skip PETITION. The following petition was presentedunder the ruBley and referredto the appropriatecmnmlttee: Mr. ORTH: A petitiop from citizensof Indiana on the subjectof national insurance.
@@@IN SENATE SENATE. THURSDAY, July 26, 1866. Prayer by the Chn lain, Rev. E. H. GRAY. On motion of Mr. ARRIS, and by unanimous consent, the reading of the Journal of yesterday’s proceedings was dispensed with. EXECUTIVE COMMUNICATION.
The PRESIDENT ro tempore laid before the Senate a report of) the Secretary of‘War, communicating, in compliance with a resolution of the Senate of the 24th instant, information in relation to the probable cost of constructing a railroad on the route described in the charter of the Northern Pacific Railroad Company; which was ordered tolie on the table. REPORTS OF COMMITTEES.
Mr. LANE, from the ComPensions, to whom were referred the amendments of the HoRep to the hill (S.No.354)for the re iefof William Croswell, reported arecommendation that the Senate agree thereto. PORT OF CALAIS.
Mr. MORGAN. Iam instructed by the ComCommerce to report back the bill (H.R.No. 795) to authorize the entrance and clearance of vessels at the port of Calais, Maine; and I ask to have it considered at once. By unanimous consent the bill was considered as in ComWhole. It proposes to allow the SecyTreasury to authorize, under such regulations as he shall deem necessary, the deputy collector of customs at Calais. Maine, to enter and clear vessels and perform such other official acts as the Secretary shall think advisable. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and ppssed. REMOVAL OF CAUSES TO FEDERAL COURTS.
The PRESIDENT protempore. The Chair I will state that under e joint rules of the 2 Houses this bill cannot be sent to the (flier House.
Mr. SHERMAN. I submit the usual motion that the 16th and 17th joint rules be suspended for the residuepf the present session. The motion was agreed to. The rules referred to are as follows: “ 16.No bill that shall have passed one House shall besent for concurrence to the other on either of the last 3 daysof the session. “17. No hi I or resolution that shall have passed the HoRepand the Sonata shall be presentedto the President of the for his approbutlonon the last day of tUhneisteeds sSiotnu.t"os
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnaasou, its Clerk, announced that the HoRep had passed g resolution to suspend the 16th and 17th joint rules of the 2 Houses for the residue of the session, in which it requested the concurrence of the Senate. The message further announced that the HoRep had agreed to the amendment of the Senate to the bill (H.R.No. 422) for the relief of Mrs. Ann E. Sine ot, widow of Captain Joseph Smoot. The message also announced that the HoRep had passed the following Senate bills and JtResolution: A bill (S.No.324) for the relief of John Hastings, late surveyor and depository of public moneys at Pittsburg;. A bill (S.No.424) to incorporate the WashingtonTemperance Societ of the city of Washington, District of Colum in; and A JtResolution (S.R.No. 133) to change the place of holding the terms of the circuit court for the district of WestVirginia. The message further announced that the HoRep had passed the bill (S.No.214) to incorporate the General Hos pital of the DistCol, with an amendment, in which it requested the concurrence of the Senate. SUSPENSION of JOINT RULES. The Senate proceeded to consider the resolution of the HoRep suspendin the 16th and 17th joint rules of the 2 Houses for the residue of the present session; and On motion of Mr. SHERMAN, it was Received.That the Senateagreethereto. PROTECTION OF THE REVENUE.
Mr. FESSENDEN submitted the followmg report: The committee of conferenceon the disagrecing votes of the 2 Houses on the amendmentsto the bill (H.R.No. 780) toprotect the revenue, and for other purposes.having met. after full and freeconference have agreed to recommend, and do recommend.to their respectiveHousesasfollows: That the House recede from their disagreement to the 2nd.3rd. 4th. 5th. 6th and 7th amendmentsof the Bonn and agree to thesame. That the Senatereoede 0m their 8th amendment. That the houserecedofrom their disagreementto the 1st amendment of the Senate.andagree to the same with the follovnng amendment: in line 9 p pl. of the engrossedbill. strike out "$2 50" and inion thereof insert “ 3 dolla rs.” That the House recedafrom their disagreementto the 9th amendmentof the Senate and agreeto the same with the following amendments:in has 2 of saidamendmentstnkaout the words“ anddirected.” and 'in line 3.after the words “collection in." insert the words “ any of:" and the Senate gran to the same. W. P.FESSENDE. JJ. BM.HHEONWDAERRDSO. N. Manager:onthepart of the Senate. JAMES A. GARFIELD, ManagJeOrH N HOGAN. on the part of the home. The report was concurred in. Senfrom TENNESSEE.
Mr. FOWLER presented the credentials of Hon. Dsvm T. Par reason, chosen a Senator of the U.S. by the Legislature of the State of Tennessee for the term commencing March 4, 1863. The credentials were read.
Mr. SUMNER. I more that these credentials be referred to the ComJudiciary, with a view to inquire whether Mr. Parrausoav can take the oaths required by the act of Congress and the rule of the Senate.
Mr. COWAN. I suppose Mr. PaTrnnsox would be the best judge himself whether he can take the oaths or not. I suppose we shall hardly undertake to inquire whether a man can take an oath or not.
The PRESIDENT protempore. The Chair will state the question. It is moved that these credentials be referred to the ComJudiciary for the purpose of making the inquiry stated by the Senfrom Massachusetts.
Mr. SUMNER. In support of that motion, I beg to call attention to a precedent of the Senate, at the 37th Congress, 2nd session, 1861 62, in the case of Benjamin Stark, a Senfrom Oregon. I have a memorandum of it, as follows: “When his credentialswere presented.January 6, 1862.Mr. Fessnxnrs moved that the oath be not administered and that his credentialsbereferredto the ComJudiciary." It will be remembered that the occasion of thatmotion was that there was reason to believe that Mr Stark had expressed disloyal senti ments. The reference to the ComJudiciary was foran inquiry into the facts. It appears that at a subsequent day, January, 10, this motion was agree to, and on the 7th. of February, more than a month after the presentation of the credentials,
Mr. HARRIS, from the committee, made a report with the following resolution: Resolved, That Benjamin Stark, of Orenon.appointed a Senator of that Sate by the Governor thereof is entitled to take the constitutional oath of office." This resolution was amended in the Senate by adding thereto the words “without prejudice to any subsequent proceedinvs in the case, ” and so amended, was agreed to, Feb ruar 27, 1862. The oath was then taken by Mr. tark and he took his seat in the Senate. Now, sir, I have been assured, and other Senators about me have been assured, by more than one Gentfrom Tennessee, that Mr. Psr'rsnsoiv acted as a judge under the rebel authorities, and in that capacity he took the oath of allegiance or some equivalent oath to the rebel government. In holding office under the rebel government he has, of course. disqualified himself from holding a seat in this hamber; at least until the existing law of the land has been changed. Under these circumstances, and following the approved precedent of the Senate, I have submitted the motion which is now before on.
The PRESIDENT protemporc. The motion is that these credentials be referred to the ComJudiciary, charged to make the inquiry named by the Senfrom Massachusetts.
Mr. JOHNSON. I was not fortunate enough to hear what the inquiry was.
The President “pro tempore. The Senfrom Massachusetts can state it more clearly than the Chair.
Mr. SUMNER. The inquir the gentleman can take the out the law.
Mr. JOHNSON. Is that a legal Mr. President? I do not see that (Testion, the ComJudiciary are peculiarly fitted to decide that question. It is a question that the party must decide for himself, subject to the respon sibilities of making intentionally an incorrect decision.
Mr. SHERMAN. Insk what the resolution in regard to the State of Tennessee says. think it declares that when the Senators and is whether required by Representatives take the oaths prescribed by the Constitution and laws they shall take their seats.
Mr. JOHNSON. I was abont to state that. I supposed the whole matter was settled. permit me to ask the Chair whether the resolution admitting the State of Tennessee which passed the House is before it.
The PRESIDENTprotem ore. the chair is advised that it is not on the desk. It can be obtained, however, in a few minutes.
Mr. JOHNSON. I should like to have it. My recollection is in accordance with that of the member from Ohio. It was passed with a knowledge that Mr. FOWLER and Mr. PATTERsou were both elected Senators. The only question was, before the passage of this resolution, whether the State of Tennessee could be received by her representatives on this floor, and I considered that question as settled by the passage of the resolution, not only in relation to the right of the State, but in relation to the right of the representatives, provided they took the oath. I have got the resolution now. As it came to us from the House the resolution was that “the State of Tennessee is hereby restored to her former proper, practical relations to the Union and is again entitled to be represented by Sens&Reps in congress duly elected and qualified, upon theirtaing the oaths of office required by existing laws.” These last words were stricken out, because they were supposed to be altogether surplusage, an only upon that ground. They were stricken out, there ore, under the impression that they in no way changed the meanin of the resolution. I supposed, therefore, the resolution to say that Tennessee is entitled to be represented by Senators upon this floor as well as any other State in the nion, they, of course, taking the oaths which the Constitution and the laws that may be in force prescribe. But I am at a loss to imagine in what possible way the ComJudiciary can decide whether Mr. PATTERSON or any individual Senator can take the oath as a question of law. He has a right to take it, as I think. subject, as I stated before, to the responsibility of sinning against the law or the Constitution by taking a false oath. If he takes a false oath he can he proceeded against, or the Senate can proceed against him afterwards if it deems it proper.
Mr. Suner. I have already read the precedent of the Senate in the case of Benjamin Stark. I think the Senfrom Maryland did not hear that recedent.
Mr. SUMNER. It seems to me completely applicable to the case; but I take it the facts in this case are open as day. The whole case is historic. I suppose there can be no doubt on the question. I might appeal to the Senfrom Tennessee who is nowu on the floor and whom we have all been so apy to wel come to his seat, to state the simp e facts in the case. They must be on questionably within his knowledge. On those I would like a judgment of the Senate. It seems to me the sen‘ate ought to act intelligently, with eyes open, knowing what has occurred. If, knowing what has occurred, the Senate thinks that the oath can be administered at that desk to this en‘ tleman, it will be so administered; but if when the facts are all stated to the Senate the Senate shall be of a contrary opinion, then I presume ii. will declare in some way that the oath shall not be administered.
Mr. COWAN. Mr. President, this is a motion to refer the credentials of a Senator to the ComJudiciary to inquire whether he can take a particular oath. by, Mr. President, if the ComJudiciary or ‘the Senate either can inquire and determine beforehand whether ’a man can take an oath or whether he cannot take a judicial oath, what is the use of the oath? If he isinca able oftaking the oath truly, and the Senate so declare, may they not as well declare that without the formula of an oath? The official oath usually looks forward, swearing theincumbeut thathe will do certain things; for instance, support and maintain the Constitution. This oath is retrospective; it looks backward, and requires him to swear that he has not done certain things. Now, if we are to inquire beforehand whether he can take this latter oath, why not the right to inquire whether he can take the former? And in that aspect of it, it becomes, I think, a iparent to every bod that such a motion an such a reference as this is to do away entirely with the edicacy of the oath itself. I hope, sir, that these credentials will not be referred for anv such purpose, and that the Senfrom Tennessee will be allowed to take his seat upon taking the customary oaths. As to the precedent in Stark’s case, there is no resemblance whatever between the 2 cases. There was a reference to inquire, not whether Mr. Stark could take a particular oath or not, but it was a question whether Mr. Stark had been guilty of particular conduct which was alleged to be in itself treasonable, and the ComJudiciary were instructed to inquire as to that fact, which is, I take it, very differ ent, entirely different, from this case. I trust that the motion will not prevail.
Mr. FOWLER. Mr. President, in colleague desires to give a full explanation of this matter; he is perfectly willing that this step shall be taken; he will satisfy all the Senate in regard to the charge that has been made; and will be very ha to do so.
Mr. HPEIT7ARD. I am very happy to be informed that the applicant is willing that the reference shall be made.
Mr. ANTHONY. The Senfrom Tennessee spoke in so low a tone that I did not hear him.
Mr. HOWARD. I understood him to say that his colleague, the applicant now fora seat in this body, is willing that the reference should be made to the ComJudiciary, to make the inquiry su gested by the amendment offered by my frien from Massachusetts.
Mr. FOWLER. That is the fact. Heis not only willing, but will be very happy, to makea statement before the committee.
Mr. EDMUNDS. I think that the motion of the Senfrom Massachusetts is not exactly in the form that propriety would require. The motion is to inquire whether the Senator elect can take the oath required by law. There is force in what the Senfrom Pennsylvania has said on that subject. I think the proper direction to that committee is to inquire into the qualifications of the Senator elect, which impliesof course an inquiry into whether he is in that personal condition which entitles him, being properly elected, to admission. I therefore move to amend the motion in that wa liy.
Mr. EDMUNDS. My motion is, that in lieu of directing the ComJudiciary to inquire whether the Senator elect can take the oaths required by law, we direct them to inquire into the qualifications of the Senator elect.
The PRESIDENT p'ro lempore. The question is on the motion, as modified, that these credentials be referred to the ComJudiciary, with instructions to inquire into the qualifications of the individual presenting the credentials.
Mr. GRIMES. Yes, they were based on affidavits. Then letters were produced here in the Senate and read in the presence of the Senate, and there was no alternative in that case but for the Senate to make some investigation. But in this case there does not seem to be anything upon which to base any charges; but blindly it is proposed to refer to the ComJudiciary these credentials. Now, Mr. President, I have a very slight acquaintance with the gentleman who is sent here to represent Teniicssee; and i am not influenced in the slightest degree by any personal considerations to him; but it seems to me that it is very important that we should not in this in stance establish an improper precedent, and one that may come home to our own cases in the course 0 a lbw yedrs. The State of Tennessee is entitled to representation upon all the recedents that have been established in this ody in the past. If we discover that she is represented by a wrong man, a man who ought not to have taken the oath, then let some gentleman make charges against him, and let those charges be referred to the ComJudiciary.
Mr. HOWARD. Mr. President, the Senfrom Iowa would allow the applicant in this case to take his seat before any inquiryis made into the question of fact whether he is qualified to take his sent here and act with us under the law of 1862. It seems to me that the Senfrom lowa orei looks the act of 1862, prescribing the oath of office in all cases. Let me call his attention to it. '
Mr. GRIMES. I am perfectly familiar with the act, andi should like to hear the evidence thatilbrings this gentleman within the act; that is a.
Mr. HOWARD. The statute declares: “ That hereafter every person elected or appointed to any office of ‘honoror irofit under the Government of the U.S. either in the civil. military, or naval depts. of the public service except the u POTUS shall beforeentering the duties of such office, and before beingon titled toany of the salary or other emoluments thereof, take and subscribe the following oath or affirmation." He is not, under this act, entitled to sit and vote here at all, although his credentials may be ent irel formal and sufficient primafacie, if it be the act that he has exercised or sought to ekercise any office under a government in hostility to the Government of the U.S. That preliminary fact is 1st to be ascertained and established before he has the right to take his seat here. In ordinary cases am quite aware that on the presentation of formal credentials here the Senator elect is allowed to take his seat, and the question as to his qualifications under the Constitution is referred, if a question of that kind be made, to the ComJudiciary, and in the mean time he sits and votes and acts here until that question is determined; but. that is not the present case.
Mr. JOHNSON. Will the honorable senator permit me to ask whether before that act was passed a Senator could vote or take his seat here without taking the oath prescribed by the Constitution of the U.S., and what difference there is?
Mr. HOWARD. Of course be eculd not take his seat or vote here before the enactment of this statute unless he took the oath prescribed by the Constitution. That was a preliminary step; but the act of 1862 requires something more of a preliminary character before he can take his seat and act here. It declares that before he shall enter upon the discharge of his duties he shall take this oath, and I insist that the facts implied by the oath if they are disputed and they are disputed in this case; I dispute them myself flnnst be ascertained and decided upon by the Senate. Now, sir, I am informs from sources for whicl I entertain great respect that this gentleirm cannot truthfully take the oath Wiich is prescribed by the act of 1862, and if he cannot he ought not to be allowed to take his seat or to vote at all until that question is deter mined. Let us adhere to the statute we have passed and not evade it by allowing a gentleman to take his seat here as to whomt e truth may turn out to be that he was not able truthfullyto take this oath, and, therefore, had no right to take his seat at all. It seems to me that such a step leads to a very manifest absurdity.
Mr. SUMNER. I have the same information, and I have stated it.
Mr. TRUMBULL. 2 Senators then rise in their places and statethat the person presenting himself upon this occasion cannot, as they are informed of the facts, take this oath without committing this high crime. I think that makes . case which justifies us in referrin the credentials to examine into that matter. I express no opinion as to what the facts may be. I have no opinion. Iknow nothing in regard to the matter. Therefore I shall for myself vote to referihe credentials, under the circumstances, and I am the more happy to do so because the gentleman presenting himself desires to remove any imputation of this kind, as I understand by his colleague who has presented the credentials to our consideration. The rule by which I as at present advised shall be governed is this: when a credential is presents in due form I shall always be in favor of allowing the party to be sworn if the credentials come from a body authorized to be represented here. If, however, facts are presented which overcome the primafacic case thus presented, on the authority of Senators or otherwise, making it proper to inquire, I shall not hesitate to vote to refer such credentials and make the inquiry before the person is sworn in.
Mr. COWAN. Mr. President, thisisa question that does not concern the Senfrom Tennessee alone; it concerns the Senate; and iteoncerns the law that it should be main tained. Honorable Senators seem to forget that the right of a Senator to take his seat does not depend on the will of this body. That is a mistake which I wish to correct now once for all. Senators u.on this floor are the representatives of the States of this Union; they derive from the States their authority to sit here, and not because we are willing to have them or unwillin. When a Senator presents the credentials of his State here in due form, that is adecison of the State that he shall take his seat and by that decision we are bound.
Mr. SUMNER. Are we not the judges of the elections and qualifications?
Mr. EDMUNDS. Will the Senator tell us 1st, what he considers to be included within the term “qualifications” of which we are to judge, and, 2nd, whether‘wo cannot right ully judge before we admit the member?
Mr. COWAN. You may decide upon the constitutionalqualifications before you admit the member. supposeyou would have a right to inquire whether e was 30 years of age, whether he had been 9 years a citizen of the U.S., whether he resided in the State; but you cannot go outside of the constitutionalqualifications.
Mr. EDMUNDS. Can we not inquire whether he has been a traitor?
Mr. COWAN. No, sir; you cannot inquire whether he has been a traitor or not, because to inquire into that is to inquire intoafact, and a fact over which a.majorit of this body has no jurisdiction whatever. When lam charged with a crime I have a right to be tried by a court having jurisdiction. I have no right to be convicted by part of the jury. According to the common law the whole 0 the jar must liarged with a crime in the Senate, 2/3rds of the Senate must agree, and not one halfor one more than one half; and that is just the difference, I can state to the honorable Senfrom Ver mont. This is an attempt on the part of a majority of the Senate to usurp a function which only belon to 2/3rds.
Mr. EHMUN But we do not usually put a prisoner into the jury box in trying the question ofhis guilt.
Mr. OWARD. If the Senfrom Indiana will allow me, I desire to sayaword. It is notorious that the confederacy enacted vcry stringent confiscation laws, under which a vast amount of property of Union citizens residing in the insurrectiouary States was seized, condemned, and sold, and the proceeds put into the confederate fise for public use and for the purpose of prosecuting the war of the rebellion against the authority of the Government. leould the Senator regard it a perfectlyinnocent act on the partofajudge in the rebe confederacy to exercise his functions as he would be compelled to do undoubtedly in carrying out those cruel and proscriptive laws of conscation against the preperty of Union citizens? Was it nota direct offense ainst the Government of the U.S. to 0 so? Were not his judgments declaring confiscation, his approval of judicial sales, and all other judicial acts connected with the execution of such laws in as direct hostility to the authority of the U.S. as would be his acts as a soldier with a musket in his hands? Where does the Senator draw the line of demarkation between the guilt on the one hand and the guilt on the other or where is the line of distinction between i t and innocence in the 2 cases?
Mr. HENDRICKS. Beforethe Senator takes his seat, I wish to ask him inasmuch as he has stated that he personall makes the charge to the Senate whether Mr. Parreason held a judicial office under the State of Tennessee or under the socalled government of the confederate States? Is the charge that he held an office under the State or the confederate government? Mark“ in mime “,
Mr. HOWARD. My information a on that particular question is not am le, but submit to the Senator that there ne'it or is nor can be any distinction between the 2 cases. The State of Tennessee, as a State, was as much an enemy of the U.S. as all the insurrectionary States combined acting under the denomination of the confederate government. That government was made up of the various insurrectionary States as the political ele ments composing it; and a judge in a State acting under a State commission and carrying out laws hostile to the Government of the U.S. was just as guilty, in my judgment, as if he had been acting as a confederate judge in the execution of confederate statutes. I can draw no distinction between the 2 cases.
Mr. HENDRICKS. I understood the senator, in reply to what I submitted, to attempt to draw such a distinction. When I noted the case of Chief Justice Hale, when cited the opinion of that eminent jurist and rest statesman, Mr. Collamer, now decease, to the effect that the support of a government dgifa cto by the act alone of holding a judicial 0 cc in no enlightened Government is to be regarded as a crime, the Senator arrested my remarks by sayin that the confederate government so calle had enacted confiscation laws and that it would be in aid of that government to execute and administer those laws, add therefore a judge being connected with the administration of those laws would give aid and comfort to the southern cause. I under stood that to be the argument of the Senator. if it did not have that point, I am not able to see that his argument ad any. Now, senators around me say that the charge is that Mr. PAfflIRSON exercised the office of a State judge. As such he had no duties to discharge in connection with the administration of the objectionable laws to which the Senfrom Michigan has referred; those laws were to be executed in the courts of the confederacy. Then, Mr. President, we have the case of a man who under a government defacto, a State government defacto, exercises the powers and discharges the duties of ajudge. Isay that is no crime; Isay that is not giving aid and comfort to any cause. It is the discharge of a duty to humanity.
Mr. KIRKWOOD. Let me remind the Senfrom Indiana that the government of Cromwell was for many years perfectly establilshed in GreatBritain.
Mr. KIRKWOOD. And it was as thor oughly submitted to as that of Queen Victoria is today. For many years no hostile force existed in England a must it. Now, does the Senator say that whilewar existed upon the part of the General Government to put down the insurrection in the South, the insurrectionary government existed so defacto as to entitle officers holdin under it to the same protection as those holding under Comwelfs overument, when Cromwelfs Government was the only Government existing either in fact or attempted to be established in England?
Mr. HENDRICKS. As the point made by the Senfrom Iowa is a point of time, I will ask him during what period of the protectorate did Chief ustice ale take office.
Mr. DOOLITTLE. Will the Senator allow me a word?
Mr. DOOLIT"LE. I stated, upon my information from the history of the times and of the country, what I understood the facts to be. I did not state it by authority from any gentleman. I stated it just as the Senfrom Massachusetts stated his objection, and as the Senfrom Michigan stated what he understood about it from 'rumor or from history. By way of rely to those Senators, I stated whatI had hear ofit, because I did not wish a statement of the facts to go out to the country in such a shape as to prejudice th'l case one way or the other. The Senator has no right to claim that I made any statement more than the Senfrom Massachusetts or the Senfrom Michigan.
Mr. HOWARD. I understood the honorable Senfrom Wisconsin to make a very specific statement in regard to the taking of the oath, going into particulars.
Mr. FESSENDEN. I listened to the honorable Senfrom Wisconsin with a great deal of attention, and I was surprised that, arguing that the Gentfrom Tennessee should be allowed to come forward and qualify, he should have gone on and given a history of what he professed to know and a statement of the circumstances under which Mr. PATTER so.' took the oath to support the confederate‘ government, and all about it. Before that I regarded it as acase not proved, not sufficiently worthy of my attention to induce me to vote for a reference; and I was somewhat astounded at the statements of the honorable Senfrom Wisconsin, professing, as I thought from the ii he said it, to know all about the case. I supposed he s oke from authority.
Mr. DOOLITTLE. spoke from the authority of what I have seen and heard.
Mr. FESSENDEN. If the Senator now says that he spoke merely from rumor, that he does not know whether the statements he made were true or not, that he does not know anything about the facts, that is another thing.
Mr. DOOLITTLE. I stated what I have been informed and what I believe to be true. If the Senator takes my statement upon it, I believe it to be true that when the oath was administered to him which is said to have been administered it was at the point of the bayonet. Now let the Senator take the statement.
Mr. FESSENDEN. I am perfectly willing to take it; I have been taking it all along: [laughter;] and I am ready to take more of it if the Senator has got any more that he wants me to take. I do not likethatstyle of address, though, that kind of physio does not operate much on me.
Mr. DOOLITTLE. As to the style of address between the honorable Senator and myself, or the honorable Senator and other senators in the Chamber, I am perfectly willingto submit my style as compared with his to the judgment of the Senate. I do not think that I assume any more authority when I speak to the Senate or to Senators than does the honorable Senfrom Maine. I sometimes speak earnestly, it is true; I d8 not deny that; at I have no disposition to dictate to anyone or to dogmatize to an one.
Mr. GUTHRIE. This proceeding strikes me as wrong. We have established a test oath which isa very rigid one, and I have some doubts in my own mind whether it is constitutional as applied to members of Congress; but we have enforced it upon all who have taken seats since its enactment. This motion is predicated upon the fact that the Senatorwho presents his credentials cannot take that oath, and we are to refer it to a committee to inquire into the fact and report to the Senate whether he can legitimately take it, and if he can he is then to be sworn in. Now, how long is this to take? The committee are to hear proof; of course they are to hear counter proof; and instead of this question being decided by the Senate, it is to be decided by the committee. This investigation may go over until next December. The people of the country had entire confidence in our sincerity when we agreed to receive Tennessee; but are we now to establisha prece dent by which every man’s case may be investigate byacommittee sittin as court of justice swearing witnesses proan can before he is allowed to take his seat? It strikes me it is for the Senator whose credentials are presented to say whether he can take this oat. If he Icfan, pr2mafacie I think we haveto admit him. he cannot take the oath we reject him, as a matter of course. It is a question for the senate. If we are satisfied after he is sworn in that under all the circumstances he ought not to have taken the oath, it furnishes ground for expulsron. I rather think we had better let.fornia will allow me a word. him take the oath without this reference, and I shall vote against the reference, because it would be a most curious proceeding in a court of justice to appoint triers to know whether a juror was competent to sit before he had presented himself and was called as a juror.
Mr. DOOLITTLE. The‘Senfrom Cali. I do not at all question the right of the Senate to inquire into his qualifications or into his election or his return; but all I insist on in this matter is that we should pursue the same rule in this case that we do in other cases, the same that was pursued in the case of Stockton, from NewJersey. e was admitted and sworn his case referred to the ComJudiciary. They reported in that case and the Senate decided that he was not properly elected. Just precisely so in this case, if the Senate decide that Mr. Parransos is not properly elected or /not properly qualified, they pass on the case; but shal you pass on the case before he is admitted to the seat primafacie?
Mr. CONNESS. I submit that this is another question altogether. This is a question under the test oath. The Senfrom NewJersey could take the test oath; he did take it; there was no question about that; but the objection to this Senator takin his seat is that he cannot take the oath legally and properly. Therefore the inquiry in this case must take place now properl, and all the argument that has been a dressed to this case as it apsubject. pears to me should have occurred upon the report made from the committee of this body to which the case is to be referred. Mr. President, in view of Senators from the rebel States taking their seats again in this body, it behooves the Senate and is a necessity that an exact rule should be established on the I do not mean to pronounce on the merits of this case at all. I know nothing about this Senator’s case. If it shall appear that he on ht to take his seat in this body no Senator wi I welcome him more cheerfully than I shall; but it is essential to him, to his standing among the members of this body, to the Senate, to the country that the case be examined, the proper rule laid down, and I think in that all ought to agree.
Mr. WILSON. I hope we shall have the question.
The PRESIDENT protempore. The question'is on the motion of the Senfrom Massachusetts [Mr. SUMNER] to refer these credentials to the ComJudiciary with instructions to inquire into the qualifications of Mr. Psrri insos.
Skip Skip Mr. SUMNER called for the yeas&nays, and they were ordered; and being taken, resulted yeas 26, nays 14;. So the motion was agreed to.
Skip Skip MESSAGE FROM Tun nousn. A message from the HoRep by Mr. McPHERSON, its Clerk, announced that the HoRep had passed the bill (S.No.20) granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed the fof lowing bills and JtResolutions, in which it re nested the concurrence of the Senate: I bill (H.R.No. 759) authorizing the refunding of certain taxes; A bill (H.R.No. 807) nmendntory of the preemption and homestead laws; A JtResolution (H.R.No. 196) to construe an not further to provide for the safety of the lives of assengers on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, and for other purposes; and A JtResolution (H. H. No. 197) authorizing a contract with Vinnie Ream for a statue of Abraham Lincoln. SQUTHERN PACIFIC RAILBOAD.
Mr. FESSENDEN. I call for the order of the day.
The PRESIDENT protempore. It will be considered as before the Senate.
Mr. BROWN. If the Senfrom Maine will indulge me a moment, there is a bill ending on the Senate table from the HoRep that comes back with some amendments. The amendments are verbal in their character mostly. I desire to concur in them all; it will only take a moment.
Mr. FESSlgNDEN. If the appropriation bill does not lose its place, I have no objection.
The PRESIDEN' protempore. House bill No. 791 is regularly before the Senate. The bill suggested by the Senfrom Missouri will be taken up by unanimous consent, no objection being made. [he Senate proceeded to consider the amendments of the HoRep to the bill (S.No.20) granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast. The amendments were to change the names of corporators or to alter the phraseology of the bill, With the exception of the addition of the followmg additional section: grSaenets.21. Abife: That wheneverin of land or other subsidies, made or hereafter to hemade to railroad or other corporations, the itl, mtioteadpSpuoitinetsdhiarescrteosresr, veendgtihneereirgsh.cto, mormshisaslilorneesresro, vre other agents, to examinesaidroadsor actin oomuuction Withother officersof said companyor corporateine gnisn, eaellrtsh, e costs charges.andpayof said directors. comuiissmueros.r agents shall bepaid by the respective companies. Said directors, engineers, commissioners, or agents shall be aid for said serveiveeersythe sum of ten dollars peray for each an (My actually and necessarily employed, and lcn‘contsfor eachand every milc actujilly andnecessarily trnycled in dischargingthe duties required of cthoemmp.ewnhsiacthiopnfeorrdsaicimdsearnvdicmesil;eago shall be in full puny andin caseany coin shall refuse or iiczlect to make such payment iio morepatentsfor lands or other subsidies shall be issued to such company until theserequirementsare compliedWith.
Mr. BROWN. The amendments of the HoRep are merely the addition of a few names to the corporators, the change of a few words to make the language of the bi conform more accurately to the language of and grant bills as heretofore passed, and I move that they be concurred in. l have examined them all carefully. The amendments were concurred in.
Mr. BROWN. I have the authority of the ComPubBldg and rounds to ask that that resolution be not committed. The have examined itaud concurredin it, and I as that it b. but on its passage.
Mr. FESSEL DEN. that should go to the ComLibrary.
Mr. SUMNER. I hope it will be referred to the Library Committee.
The PRESIDENT protempore. Objection being made, the JtResolution cannot be considered now. It will be referred to the ComLibrary. GENERAL HOSPITAL. The Senate proceeded to consider the amendment of the HoRep to the bill (S.No.214) to incorporate the General Hospital of the DistCol, which was to 9(Id to the 2nd section of the bill the words 7, and the property held by said corporation shall be devoted exclusively to the purposes of such hospital.” ‘
Mr. MORRILL. I move that the Senate concur in the amendment. The motion. was agreed to. EXECUTIVE SESSION.
Mr. GRIMES. I am satisfied that if the Senate would proceed to the consideration of executive business for 3 or 4 minutes, for the purpose of referring the messages that have been sent in, a vQy long space of time might be saved, perhaps a day or two. Some of them are very volumine us and must be considered. I therefore 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. REPORTS OF COMMITTEES.
Mr. HENDERSON, from the Committee to Audit and Control the Contingent Excases of the Senate, to whom was referred tere port of the SecySenate commu nicating a detailed statement of the payments from the pontingent fund of the Senate for the year endin December 3, 1865, asked to be dischargedTrom its further consideration and that the report be printed which was agreed to.
Mr. RAMSEY, from the ComPostOffices, to whom was referred the bill (S.No.444) to reorganize and fix the pay of certain officers of the postoffice Dept, reported it without amendment.
The PRESIDENT protemore appointed Mr. Cusx, Mr. Howe, and Mr. Davrs. OFFICIAL HISTORY OF THE REBELLION. The Senate proceeded to consider the amendment of the HoRep to the JtResolution (S.R.No. 86) to provide for the publication of the Official History of the rebellion; and, On motion of Mr. WILSON, it was Resolved, That the Senate agree to the amendment of the HoRepto the said resolu ion. HOUSE BILLS REFERRED. The followinp bill and JtResolutions from the House of the presentstives were severall read twice by their titles and referred as indicated below: Abill (H.R.No. 808) for the relief of Martha A. Estill, of the State of California to the ComClaims. A JtResolution (H.R.No. 92) authorizing the SecyInterior to pay certain claims out of the balance of an appropriation for the payment of necessary expenditures in the service of the U.S. for Indian affairs in the Territory of Utah to the ComIndAffrs. A JtResolution (H.R.No. 198) authorizing the purchase 0 a certain collection or mnseum and the transfer of certain funds there for by the ComrAg to the ComAg. A JtResolution (H.R.No. 199) for the relieflof certain Chippewa Ottowa, and Pottawatomie Indians to the ComIndAffrs. DONOHUE, RYAN AND secon.
Mr. JOHNSON. I ask the unanimous consent of the Senate to take up Senate JtResolution NO. 141, to which I am sure there will be no objection.
Mr. FESSENDEN. I mustinsist upon going on with the regular order of business, which is the deficicnc bill.
Mr. JOHNSON. I am sure this resolution will give rise to no debate. It will take but a moment.
Mr. FESSENDEN. If it will give rise to no debate, I give way, but with the understanding that if it does it shall be laid aside. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the JtResolution (S.R.No. 141) for the relief of Donohue, Ryan 8: Secor, builders of the iron clad monitor Camanche. It provides for the payment to them of $179, 993 80 for losses sustained by them in the construction of that vessel. ‘
Mr. TRUMBULL. I should like to know wh this case is singled out from all the others, an whether it comes now from a committee.
Mr. FESSENDEN. I hope the honorable Senfrom Maryland will now let this matter go over as it will give rise to debate. Mr. JOHNSON. If there is any opposition to it, I will not, in accordance with the understanding, press it at this time; but I do not think there will be. This case was reported without objection in the other bill.
Mr. TRUMBULL. Very well; the other bill was opposed strenuously.
Mr. JOHNSON. “The bill was, but not this case.
Mr. TRUMBULL. I think there were objections to the whole of these claims.
Mr. TRUMBULL. I objected and voted against the bill.
Mr. FESSENDEN. I hope my friendfrom Maryland will now allow me to go on with the regular order of business.
Mr. JOHNSON. The Senfrom Illinois will not oppose this, I think.
Mr. FESSENDEN. He does oppose it. The JtResolution was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. COLONEL n. c. anAHNA.
Mr. SPRAGUE. I now renew my motion that the Senate proceed to the consideration of House Jtresolution No. 150.
Mr. FESSENDEN. With the understanding that it will not displace the regular order of business, and that it will take no time, I shall not object.
The PRESIDENT protempera. The motion can be entertained only by unanimous consent, there being another subject before the Senate. There bein no objection, the Senate, as in ComWhole proceeded to consider the JtResolution (H. It. No. 150) to provide for payment of the claim of Colonel H. C. De Ahna for military services. It directs the proper disbursing and accountin officers of the Treasury to pay to Henry charges De Ahna a sum equal to the pay allowances, and emol uments of a colone of infantry in active service for one year from March 81, 1862, and he is to be considered honorably mustered out of the military service.
Mr. HENDERSON. I should like to know where those services were rendered.
The PRESIDENT protempore. The Chair is unable to answer. '
Mr. FESSENDEN. As it will give rise to debate, I hope my friendfrom RhdIsland will postpone its further consideration for the present.
Mr. SPRAGUE. I withdraw the consideration of it.
The PRESIDENT protempore. The bill will be laid aside, and the bill regularly before the Senate will he proceeded with. DEFICIENCIES IN APPROPRIATIONS. The Senate, as in ComWhole proceeded to consider the bill (H.R.No. 7015 to‘supply deficiencies in the appropriations for the service of the fiscal year ending ] une 30, 1866, and for other purposes, which had been reported from the ComFinance with several amendments.
Mr. FESSENDEN. Imovcthat the amendments la: considered as they are reached in the readin of the bill.
The PRESIDENT protempera. That course will be adopted, no objection being interosed. The Secretary proceeded to read the ill.
Mr. FESSENITEN. I move to insert the word “namely” after the word “extension” in line 25, in order that it my be understood that it refers to the 2 clauses following.
The PRESIDENT protem ore. That is merely a verbal correction an will be made, no objection being iriterposed. The 1st amendment reported by the ComFinance was in section one, line 51, after the word “dollars” to insert: Provided, That from and after ] use 30.1866.the regular compensation of the female folders in the dead letterofficeshall be at the rate of 50 dollars permonth. So that the clau'sewill read: For 20%. additional to the salariesof female clerks employed in the postoffice Dept, as peract of June 25.1864.for the fiscal year endingtJune 30.1866.$4000. Proouled. That from and at or June 30, 1866, the regular comensniion of the female folders in the de lctter o co shall be at the rate of 50 dollars permonth.
Skip Skip The amendment was agreed to. The next amendment was in section one, after line 60, to strike out the following clauses: For additional compensationto the Asst AttyGen. For amount required for salariesof clerks, 82, 800. For tein iornry clerks, additional compensation to clerks, an soforth. $10,000 For contingentexpenses, $3, 500.
Skip Skip The amendment was agreed to. The next amendment was after line 80 threc, to strike out the following: Salary of the denty soliciter of the CourtofClaiins: The salary of the asstsolicitor of the Court of Claims shall be the same asthat of the solicitor of said court.
Mr. CRESWELL. I am not aware of any reason for striking out the 84 th, 80 5th, and 86th lines in regard to the salary of the deputy solicitor of the Court of Claims.
Mr. FESSENDEN. The reason is that no appropriation is made in it. It does not state what it is or anything about it. No information was received by the committee in regard to it, and we found no papers on file in relation to it.
Mr. CRESWELL. Then the deputy soli citor of the Court of Claims is to be without his salary.
Mr. FESSENDEN. This clause provides that it shall be the same as that of the solicitor. It is to equalize their salaries.
Mr. FESSENDEN. It is to equalize it and bring it up, I suppose. I have no objection to this amendment lying over until the Senator can look it over and ascertain what the present salary of the solicitor is and the difference between it and the salary of the asst and deputy, and then, if he will offer a proper amendment making an appropriation, the question will be fairly before the Senate.
The PRESIDING OFFICER, (Mr. Amnosi in the chair.) The amendment will be passed Over for the present. The next amendment was in section one, line 50, to insert the word “5” before “dollars;” so that the clause will read: For salary of marshal of the eastern district of ggsgork from March 22, 1665, to June 30, 1866. I
Skip Skip The amendment was agreed to. The next amendment was in section one, after line 134, to insert the following: To completethe repairing and furnishing of the President s House, $20,000.
Mr. HO Do I understand the Senfrom Maine to say that the $46,000 that was appropriated in the lastdeficiency billhas been exended to discharge debts?Mr. FESSENDEN. Seine part of it.
Mr. HOWE. And that the Commissioner knew nothing about it?
Mr. FESSENDEN. They were existing debts against the house.
Mr. HOWE. I should suppose there would be no debts against the President’s House.
Mr. FESSENDEN. In modern times it has so happened that as the business has been man aged debts have been contracted for furniture, fixings, &c., and the bills have proved to be larger than we were aware of. There is no doubt of that fact and of the propriety of pay in them.
Mr. HOWE. The explanation suggests this state of facts: that you put $46,000 into the hands of the ComrPubBldg to disburse in a particular way, and he has appropriated it to an entirely different purpose, for which he had no authority whatever. lllnder those circumstances I do not know what assurance we can have that if we put $20,000 more in his hands it will not go the same way.
Mr. FESSENDEN. We have the estimates now to cover the amount.
Mr. HOWE. To cover what you design to have done; but to cover what the Commissioner may choose to do I so pose the committee is not prepared to say that this will be sufficient.
Mr. HOWE. I take it t mm are ways in which on can give away more than $20,000. That 46,000 seems to have been disposed of without accomplishing anything that was desified to be accomplished by it.
Mr. FESSENDEN. Oh, yes; a large portion of it has been expended on the house.
Mr. HOWE. What portion of it I do not know, but a large portion of it has been appropriated to purposes not contemplated by the slippropriation and not authorize by any law. tor my part, I am not willing to vote priations until we can have them expendaepprfoor the purposes for which they are designed. ll
Mr. fEUMNER. There is another reason why we might hesitate about this. I do not know that is definitive. It is already seriously considered to build another house for the Presient.
Mr. FESSENDEN. That will take some cars, and this furniture will be all worn out before a new house is built.
The PRESIDING OFFICER. The question is on the amendment proposed by the ComFinance.
Skip Skip The amendment was agreed to. The next amendment was in section one, line 149, to strike out the werds “that the SecyTreasury is hereby authorized 5" in line 154 to strike out the words “and that the sum of ” and to insert “under the direction of the SecyTreasury;" and in line 155, after the word “ dollars, ” to strike out the words “is hereby appropriated for said alteration and repairs, pay able out of any money in the Treasury not otherwise appropriatedg" so that the clause will rUad: adTeolpahltiaerandrepairthe building in the cit.ofPhil belonging to the U.S., tnown as the Pennsylvania Bank building. so as to render it suitablefortheoccupnucy of the appraisersconnected with the customsatPliiladclphia, underth edircction of the SecyTreasury. 8:50.000.
Skip Skip The amendment was agreed to. The Sedretary continued the reading of the bill down to and including the following clause: To enable the SecyWar to make the my of the personsemployedat any time during the net fiscal year as temporary clerks in the office of the Quartermuter General or anydivision thereof.equal to the pay of 1st class clerks. which is hereby directed such sumasmaybenecessaryforthis purpose.
Mr. SHERMAN. I think the word “last” before “fiscal” ought to be “present, ” so as to make it apply to the present fiscal year. The technical language of nut clause will extend it back to 1804. I suggest to the chairman to strike out the word “last" and insert “present.” I think that is what it means.
Mr. FESSENDEN. That did not occur to me before, but I am very much inclined to think it was intended for the last fiscal year.
Mr. SHERMAN. I do not think it ought to be so.
Mr. FESSENDEN. The fact as stated to me about it was that certain clerks were teln rarily employed there on trial, the trial being intended to be about 30 days and at a reduced rate; but instead of being kept 30 days on trial, they have been kept along 8 or 9 months, doing all the work of 1st r class clerks precisely as they did it; and we thought it was no more than fair to pay them at the same rate as 1st 'class clerks. That is the meaning of it.
Mr. SHERMAN. Iwill not insist on the amendment: 1have no particular desire about it. The next amendment was in section two, line 7, to stri re out “ 7 ” and insert “six, ” and also to strike out “$4,870 43” and to insert “$374 65;” so that the section will read: See. 2. Abife: That forlnfleased compensation of the chief justice and associatejus tices of the supremecourtof the distCol, la8u6th6o, rizedby the 2nd section of the act of Juncl. to the30thday of June. 1866t.he sumof $37465 is herebyappropriated.
Mr. JOHNSON. Is that sufficient to pay the increased compensation.
Mr. l"ESSEND ‘N. In another bill we provided for the increase for the present year. This section was intended to cover the appropriation for the present fiscal year, as well as one month in the last year; but we have appropriated in another bill for the present year; and as we have amended it, this only pays the difference in a month’s salary. The amendments were agreed to. The next amendment was to strike out the 3rd section, in the following words: SEC. 3. may bereAqnudirebdeittofaernthaebrlemthuelcChl e(rfT, khoaftthsuecHhosuusmeoafs Bopresentntives to execute the resolutions of the House of the presentsession.directing the payment colte'irnkesr, cmasecsdsaenndgeardsd, itional compensationto officers and others in the employof the HoRep including the Capitol police, he.uni the same is hereby, appmpriatedout of anydmoncyin the treasury not otherwise appropriate.
Mr. FESSENDEN. That is simply the same matter that they sent us once before, and we once yielded to. Of legalizing the action of the House increasing the compensation of its clerks.
The clerk read The next amendment was to strike out the 4th section, in the following words: SEC. 4. Abife: That the words of your." in the provisoregulating the distrihution thes Treasury Dept the clerks and employees of year prior toJuly who had served there ine ne priations for the le1g.i, s1l5at6i6vine,tchxeencuottivmea, king appro anyone: of the and judicial Governmentforthe year ondin zJuno i 30, 1867 and for other‘purposes.approvedJuly 23. 1866 a.rohi reby change tosix months and the same shall be construed accordingly.
Mr. CONNESS. I do not know why the committee struck that out.
Mr. FESSENDEN. We legislated on this subject in the legislative appropriation billfully. There was a difference between the Houseand Senate on the subject with regard to giving this increased compensation at all. The Senate had refused to give it so far as man of them were concerned; the House insiste upon it. We finally agreed that the compensation should be given, but it should only be given to clerks who had served one year. The result was that we had a committee waiting upon us to know why those who had served 11 months could not have it. They thought that was so near the time fixed, they ought to have it, and if we had made it 6 months that would be right. Then I asked them what those who had served 5 months would say to that; and if we put it at 5 months, what those who had served 4 months would say to that. We should get into the same difficulty precisely; and after establilshing a rule by the consent of both Houses, we thought it very unwise to be continually changing it. The effect of changing it will be to give it to everybody.
Mr. CONNESS. The reasoning of the senator would be very good if this were an origi nal proposition; but as it comes from the House it appears to me that we might readily accede to it and that the reasoning is not quite so on. g
Mr. FESSENDEN. It is only the House insisting in another way on doing what they gave 11 on full conference before.
Mr. ONNESS. But my a peal to the Sea utor is upon this ground, an I think it is the strong point in the case: that in adopting this proosuion of the House we take the more libera and generous view of the case, and it will only include a few more deserving persons. I need not tell the Senator that those persons regard it like manna from heaven; it is the brightest light that has beamed upon their vision for many a day. I believe that the chair man of the ComFinance and the Senate are generous enough to accede to this proposition and to include a few more.
Mr. FESSENDEN. It will include a great many more. The proposition, if adopted, will take a great many 1,000 dollars out of the Treasury. It willinclude all the 1st and 2nd class clerks, all the women, all the labor ers, all the messengers, all the watchmen, and it is to come, not out ofany fund particularly, but out of the Treasury. lfyou adopt this section, you do not save yourselves from further difficulty, for those who have been there under 6 months will claim just as much, and you will have the same trouble over again. As we have settled it at this session, it would be most unwise, in my judgment, to allow ourselves to change it. I hope the Senate will strike out this section and not bring up that vexed question again.
Skip Skip The amendment was agreed to. The next amendment was to strike out the 5th section, in the following words: SEC. 5. Abife: That the sumof 332,000 and is hereby. Appropriated to pay Madison Sweetser. upon condition that the said Madison Svweyoctzer shall 1st.by a good and sufficientdeed.conto the U.S. all hisright. title, and interestin and to the followin lands, convcyed by the U.S.to Joseph Ricanlvillc.sr and Joseph Richardvillo. ir. by treaty at StMar ’s. October 6, 1818.tnWit: the westhalf of section 0. 26, the east half of section No.%, and sectionNo. 27, of lownship 5 south.rangefour east, lying in the county of Au:laiso and state of Ohio.
Mr. FESSENDEN. The reason why we struck that out was because it is a private claim.
Mr. SHERMAN. I desire to amend the section before the vote is taken on striking it out.
Mr. FESSENDEN. The proper way would be to allow the vote to be taken on striking it out, and then, if that fails, to move to in claim sert afterward, because this being a private Y
Mr. SHERMAN. It does not come within the rule as it comes to us in the bill from the House. The Senate rule only applies toamendments offered in the Senate.
Mr. FESSENDEN. It comesunderthe rule of the ComFinance and which you and I have always acted upon and enforced to the best of our abilit. '
Mr. SliEltMA. I would always vote to exclude from a House appropriation bill a private claim; but I wish to change the character of this section before the vote is taken on striking it out. That is the easiest form in which to do it. I move to strike out in lines 3, four, and 5 the words “pay Madison Sweetzer upon condition that the said Madison Sweetzer shall, 1st, by a good and sufficient deed, convey to the U.S. all his right, title, and interest in and to, " and insert in lieu thereof “enable the SecyInterior to quiet the title of the occupants of;" so that the section will read: That thosumof $32,00boe and is hereby, appropriated to enablethe SecyInterior to quiet the title ot the occupants o the followmg lands, to. I examined this question thoroughly this morning in connection with the Senfrom Maine, and Iain satisfied it would promote the public interest to pass this proposition in some form. The only doubt I had) was as to the amount. The facts are about these: in 1816, by an Indian treaty, the U.S. granted in severalty to the persons named in this bill, 2 Indians or hal breeds, I am informed, W0 sections of land in StMary’s purchase, as it is called. At a subsequent date, in 1826, the U.S. sold this land to other arties. One of the lndians had died and the other was a mine r and did not present or make a claim. He was not in a condition to make it. Subsequently judgment was obtained against the la dian who had undoubtedly the legal title to 2 sections of land in favor of Madison Sweetzer, a citizen of the State of Indiana.
Mr. KIRKWOOD. Whom did the settlers buy of?
Mr. SHERMAN. The settlers bought of the U.S and hold under the patent of the U.S.; but this Indian title was rior to the patent, and according to the gecision of the court, and no doubt properly rendered, overrides the patent because the 1st title is under the Indian treaty. Now Madison Swectzer’s judgment is Only $6,000, recovered in 1856. The principal and interest of that judgment would only amount to from $10,000 to $12,000; but Madison Sweetzer has got this right, a legal right which he has maintained in the courts, as he says, at great expense, and he refuses to surrender this right for the amount of his judgment and we cannot compel him to do so. He is a.citizen of the State of Indiana. I do not know anything of him. At any rate he thinks he has got a nod thing, and I presume be is disposed to he] on to it. Under the circumstances I think we shall have to pay this appraisement made by a person selected by the SecyInterior, and I think made upon a proper basis. I read this morning the testimony u n which it was based. He assesses the vs no of the land, without. improvements, at 25 dollars an acre. I have never been on this land, or probably in the county in which it is, but from my general knowledge of the location I do not think the appraisement is unreasonable. 25 dollars an acre for unimproved land in that country is not a very high price. It is not more than from 50 to 100 miles from Dayton, and is in the Miami valley, in a very rich country. Under these circumstances I think we ought to place a sufficient sum in the hands of the SecyInte rior to enable him to extinguish this claim of Madison Sweetzer. If he can do it for less, well and good; but if he insists on enforcing his right or having this amount of money we ought to pay it.
Mr. RAMSEY. I sbould like to inquire of the Senfrom Ohio whether the U.S. Were represented in these suits on the part of Madison Sweetzer.
Mr. SHERMAN. Yes; the U.S. always resisted the claim, and it was settled finally by the decision of the Supreme Court.
Mr. RAMSEY. Thisis the claim ofRichard ville under one of the Miami treaties.
Mr. SHERMAN. That is the name of the Indian.
Mr. RAMSEY. And Madison Sweetzer claims through Richardville. One of the provisions of that treaty, I think, is that the POTUS shall assent to the alienation by the Indian of his title; is it not?
Mr. SHERMAN. No; the subsequent treaty that was made treated Richardvillc as dead. They assumed a diet that did not exist. This young Richardville, who wasone of the grantees, was actually living, and that was proved, as a matter of course, as one of the facts in the case; but in a subsequent treaty they alleged the fact that Richardville was dead.
Mr. FESSENDEN. That isasarnple of the way our Indian treaties are made.
Mr. SHERMAN. Yes, sir. The fact was not so, and Richardville turned up again, contracted debts, and one of his creditors got judgment against him for $0,000 and interest and sold this title under that judgment, and that title has been held by our 'courts to be good.
Mr. RAMSEY. This claim, I believe, has been before the Indian Bureau and very thor oughly gone into, and there was areport made there. I know nothing about it.
Mr. SHERMAN. I have bere a report mode by Mr. Noell in the HoRep June 20, 1862, and Congress passed a bill for the relief of these parties and authorized an appraisement; but the trouble was that Madison Swoetzer would not take the amount of the 1st appraisement. The result was that a new appraisal was ordered and the appraisal amounts to $32,000, 25 dollars an acre.
Mr. RAMSEY. The 6th article of the treaty made and concluded at StMary's, in the State of Ohio, between Jonathan Jennings, do, on October 6, 1818, contains this provis 101']: "Am. 6. The several tracts of land which, by the 3rd article of this treaty" the article making the grant to Richardville, under whom this man claims " the U.S. have engaged to grant to the persons thercin mentioned. except the troots to be crnnted to Jean Bupt. Richardville, shall never be transferred by the said personsor their heirs, without the npprobatiorr of the POTUS." Now, I am told that approbation has never been had. Why these facts were not made to appear before the court I do not understand. I do not understand that the U.S. were at all re iresented there.
Mr. H'ESSENDEN. There was another treaty after that and they bought Richardville out; that is, they made a bargain with the father, and treated the son as dead, because he was a mine r.
Mr. RAMSEY. Ipresurae the committee are fully informed of and know all about the investigation on the part of the Indian Bureau here.
Mr. FESSENDEN. I know nothing about it. except what is suggested in these reports.
Mr. IENDRICKS. This has been regarded by Congress, whenever it has been examined, as a very clear case. The simple question is, whether the Government shall make good their own title.
Mr. FESSENDEN. That is so; but there are some facts that the Senate ought to understand. This property was sold by the U.S. about 40 years ago for something like 2,000 dollars. It has been in the possession of the claimants, the same persons to whom it was sold, ever since that time. By the laws of Ohio, where a person is evicted the greater is obliged to pay back the consideration with interest. All the claim there would be upon us would be to pay back the consideration with interest, and at the ordinary rate of price I do know what it was
Mr. SHERMAN. 2 dollars and a half peracre.
Mr. FESSENDEN. It would not amount to anything like the sum mentioned here. That is really the liability of the U.S., supposing they were an individual, to make good to these persons what they have suffered in case of an eviction. It wouId not be anything like the sum that is here appropriated. There was one appraisal: the land was valued at. ten dollars peracre. Mr. Sweetzer would not take it. Somehow or other this Congress I suppose without knowing much about it passed a bill for a reappraisal. That has been had, and it has got up to 25 dollars peracre. That Mr. Sweetzer says he is willing to take. The only question is this: as there are some 20 families on this tract, will the U.S., instead of waiting and taking the consequences ofan absolute eviction, ifonc be had, and then paying the damages which they are legally liable to pay by the laws of Ohio, which would be, comparatively, a small sum, consent to guiet the title by paying this very large sum of $32,000? Would it not be better to let Mr. Sweetzer get possession as he can, and then settle with the claimants on legal principles or even equitable principles, which would not require anything like the sum now demanded? s the Senfrom Ohio says, it is a question of how much money we are willing to pay. This is the only way we can settle with Mr Sweetzer, perhaps; butI am told that Mr. Swectzer would have a very hard time of it to get possession.
Mr. JOHNSON. We cannot force him to part with his title.
Mr. FESSENDEN. Undoubtedly you could not; but on could settle with the occupiers of the Ian if they were evicted; and you could settle with them, as I have said, for what they Originally paid with interest until the time they were evict ed, and in addition to that, their improvements, deducting what they have received from the avails of the lands. Their improve ments, the Commissioner says, amount to very little, and they have cut 06' about half the timber on the land, amounting to more than their improvements were worth; so that the legal claim against the U.S. in case of an eviction, would amount to very little. Proba bly Mr. Swectzer, from what I learn, if he were to undertake to enforce his writ of eviction, would find it pretty hard work without calling out the posse comitatus and having a row. The persons living on the land are not willing to give it up, and the people of the county sustain them in holding on. The question simply is, whether the Cengress of the U.S. will pay this exorbitant sum there is no doubt about that, in my judgment to quiet this claim for the benefit of those persons, some 20 families, who hold under the original grant. For my part, I dislike very much being imposed upon, and I would rather bake the legal consequences.
Mr. HENDRICKS. Mr. Sweetzer will not take less than the reasonable value of the land without the improvements. Now, this is the estimated value of the land without the improvements.
Mr. FESSENDEN. I know it is not. I have no faith in the estimate.
Mr. HENDRICKS. If he recovers the land he gets the improvements unless the occupant clairnant law of Ohio protects the occupant. I do not know how that is.
Mr. FESSENDEN. He has got to settle for the improvements himself.
Mr. KIRKWOOD. I was going to inquire about that. An occupying claimant in Ohio coming in would be compelled to pay for the improvements, I think.
Mr. HENDRICKS. I say I do not know what the occupying claimant law of Ohio is. I have not examined the statutes.
Mr. Kl RKWOOD. There used to be a law of that kind. I was about to ask the Senfrom Ohio about that.
Mr. FESSEND IN. I will ask the Senator whether good faith requires any more from the Government than it requires of him in business.
Mr. HENDRICKS. Yes, sir; for the simple reason that our plain common people, when they see a patent from the Government of the U.S., ask no lawyer’s opinion about it. They take that as conclusive. It may be foolish on their part; but the patents have so uniformly all over the country proven to be sufficient that they make no inquiry about them. Just show them the great sedll from the Land Office, and that is satisfactory; and it is not often that the courts will disturb them either but in this case the patent is not good, and I think it ought to e made good to these people.
Mr. HARRIS. I do not know that I should have said anythin in reference to this claim but for a remark o the Senfrom Maine, who stated that the bill that had been passed at this session probably was not muc considered.
Mr. FESSENDEN. I apologize to my friend for the remark.
Mr. HARRIS. I do not ask for any apology; but I wish to saya word in reference to the matter. This subject came before the committee of which I am a member, and I examined the case with as much care as I was able to bestow upon it; and I consulted the ComrGLO in reference to it. There was some evidence before the committee on the subject. I became entirely satisfied that the 1st appraisal was really not to be relied upon. It was an appraisal made by an officer of the Government; a surveyor, I think. I was satisfied he did not know much about the value of the land. It appeared to the committee that this owner was‘willing to take the venture of a 2nd appraisal by up praisers to be appointed in an impartial manner. He had remarked that he would take the value of the land as it should he found upon a reappraisement. Under these circumstances I thought the owner was acting fairly, and I thought the Government ought not to insist upon the former appraisal made by one of its 0wn officers, who probably never saw the land and knew nothing about its value. Under these circumstances it was that the committee reported a bill for a rea praisal; and it seems to me good faith tower the settlers upon the land, who have taken the land from the government and gone on and occupied it, requires that the Government should now pay this up pruisal thus. made, evidently impartially, and thus relieve these settlers, who have acted in entire good faith, from any further trouble about it. It seems so to me.
Mr. SHERMAN. I can state that the appraiser appointed, J. F. Kinney, is an employe of the Interior Dept, and he went out there and took the testimony of quite a number of witnesses; among the rest, he took the testimony of'one or 2 interested in this matter as settlers; and that testimony is given in a report which is before me. I have no doubt this is about the fair value of the land.
Mr. GUTHRIE. Upon the whole I think we might as well make this appropriation and close this business.
The PRESIDING OFFICER. The question is on the amendment of the Senfrom Ohio to the amendment of the committee. The amendment to The amendment was agreed to.
The PRESIDING OFFICER. The question now is on the amendment of the committee striking out the section as amended. The amendment was rejected. The next amendment was to strike out the 7th section, in the following words: SEC. 7. Abife: That the Capitol police shall be entitled to the increased compensation allowedto officers.clerks, messengers and others in the employof the HoRep.
Mr. FESSENDEN. The reason why that was stricken out was that it was a sequence of the other revision, where they had raised the salaries of their employees by a mere resolution; and therefore, unless we struck out this section providing that “the Capitol police shall be entitled to the increased compensation allowed to officers. clerks, messengers, and others in the employ of the HoRep, " it would not conform, and it is really putting the Capitol police upon the same ground that we object to putting the othersu on; that is to say, aflowing the House by resolution to raise them. I should have no objection, individu ally, to this section if it was amended to read in this way, to meet what will probably be done on the other bill: That the Capitol police shall be entitled to the increased compensation allowed by law to officers, clerks. messengers, and othersin the employof the HoRep. And then if they are raised the Capitol police will be raised also.
Mr. SHERMAN. I think you had better strike it out and let them both be considered in the other bill.
Mr. FESSENDEN. This will not be considered in the other bill necessarily.
Mr. SHERMAN. It is in the other section at any rate. It is twice in this bill about the Capitol police.
Mr. SHERMAN. In section 3. includes the Capitol olice.
Mr. FESSE. DE. We have stricken out section 3.
Mr. SHERMAN. I know; but that question is open between the 2 Houses. It is repeated twice in this bill.
Mr. FESSENDEN. In the bill that was sent to the House last night the Senate inserted a clause giving 20%. to its employees. That will undoubtedly afford the House an opportunity toput theirs upon the same level. It is therefore in that bill that that will be considered, and not in this.
Mr. SHERMAN. I spoke of the Capitol office. p
Mr. FESSENDEN. Very well; if we insert in this section the words “a lowed by law” and we amend the other bill as is proposed by giving the employees 20%., the Capitol police willl, get that; if we do not, they will stand as the others do.
Mr. SHERMAN. My imression is that the committee was right in striing them out and leaving them to the committee of conference.
Mr. FESSENDEN. The question would not necessarily arise before a committee of conference, because no amendment was made with reference to the Capitol police. That
Mr. POLAND. I quite agree with the Senfrom Maine in saying that the House has no right to raise the wages of the employees of the House without our consent. it is done by law, and they cannotmake a law alone, and the mode in which they have undertaken it is irregular; but upon the bill that we passed last night we provided that the employees of the Senate should have 20%. in addition to what is now provided by law. I shall, at the proper time, move an amendment proposing to give 20%. in addition to the employees, clerks, and other officers of the HoRep, includin the Capitol police. I cannot offer my amendment until we get through with the committee’s amendments, but I shall plropose an amendment to this bill, which the house will have to concur in to make it slow, that the employees of the House shall have the same %. addition to what is now provided fiy law that we have given to ours.
Mr. FESSENDEN. The result will be that you bring the same subjeet to be dispatched in 2 bills. They have already gone on tbe‘mis cellaneous bill in which we have made a provision for the officers, clerks, &c., of the Senate.
Mr. POLAND. But there is nothing in it in relation to the officers of the House or the Capitol police.
Mr. FESSENDEN. Very well; it has been sent to the House, and the understanding is that they will on that move an amendment giv in the same compeneation to their officers.
Mr. POLAND. I have become a little shy of understandin 5.
Mr. FESSENDEN. That was supposed to be the course that would be taken with a view to avoid this difficulty that arises here. If it is not done there, it will not be done here. There is no use of putting on both.
Mr. POLAND. If it is not done there and it is not done here it will not be done at all, and I refuse that it shall be.
Mr. FESSENDEN. If they disagree to it in that bill the will disagree to it in this. a
Mr. POLAND. I proposethat it shall be put on this bill and we sh l get together some where. There is no danger of domg it twice.
Mr. FESSENDEN. I think there is very great awkwardness in doing the same thing twice, and I do not want to have both bills burdened and debated about the same thing. Besides, it is not customary. I have never known an instance in which the Senate under took to fix the compensation of the officers or clerks of the House, or the House the officers and clerks of the Senate. That is a new idea. It is always left to each branch to settle that matter, and if' there is a dispute it is settled in a conference.
Mr. POLAND. The House have under taken to do that.
Mr. POLAND. They have undertaken to fix the wages of the employees of their dept, and we say they have not done it in able I way.
Mr. FESSENDEN. The Senator in his in experience is introducing a totally new, rac tice into the Senate and into Congress. n all my experience here I never saw it attempted in either House to fix the compensation o the employees of the other.
Mr. POLAND. I do not care about the employees of the House; they may take care of themselves. I will restrict my amendment to the Capitol police.
Mr. FESSENDEN. Then I will ask the Senator: suppose the amendment with regard to the officers, clerks, 8%., should fail, does he mean to give the 20%. to the Capitol police and not to the others? at?
Mr. POLAND. We shall get together about that. I do not apprehend an difficulty. If they are left off in both bills they will be very sure nottoget it; but if theyare kept On both, I thinlr we shall contrive some way by which they shall get it but once.
Mr. FESSENDEN. I was instructed by the committee to move to strike out this section; but as we have now passed this additional compensation for our employees, I thought the better way was simpl to insert the words “b law, " so that the capitol police shall be entitled to the increased compensation allowed by law. Then if we fix upon the other bill the extra compensation of the officers and clerks of the 2 Houses, the Capitol police get it; if we do not fix it, they do not get it.
Mr. POLAND. I should like to inquire if we fail to put them on this bill and the House fail to put them on the other bill, how they are going to get it at all.
Mr. FESSENDEN. They will be on this bill if the w0rds “by law" are inserted in this section, and they willgct whatever the law fixes as the extra compensation of the other employes.
Mr. POLAND. If I understand it. the provision in their favor in this bill is stricken out on the recommendation of the committee.
Mr. FESSENDEN. But if a law is passed in either bill, then they will get the benefit of this 20%; if it is not passed, they do not.
Mr. POLAND. I do not understand that you propose to pass any such law. Any prop position to cover these officers must be in one or the other of these bills.
Mr. FESSENDEN. It is in the bill we finished last night with regard to the Capitol po lice and the employes of the Senate. The House will undoubtedly'lpnt on to that the employees of the House. hen, if that is agreed to, and probabl it will be, it will be a law.
Mr. POLAND. Where are the Capitol police to stand?
Mr. FESSENDEN. They are then to take advantage of that law and get the same 20%. “
Mr. POLAND. They are not named in the i.
Mr. FESSENDEN. They are named in this bill, and whateveris fixed by law as extra compensation for the others they will receive the same.
Mr. JOHNSON. Where is the same provision in this bill?
Mr. POLAND. If I understand the effect of the amendment you proposed, it was to strike out ever I hip in reference to the Capitol police.
Mr. FESSENDEN. No, sir; I propose, instead of striking out the section, to insert the words “by law” after “allowed, ” and let it stand, “that the Capitol police shall be entitled to the increase compensation allowed by law to officers, " &c., instead of standing as it does now, allowed by a resolution of the House.
Mr. FESSENDEN. It is all right and will accomplish the or ose.
Mr. EDMUI D. That will cover it certainly.
The PRESIDING OFFICER. The Senfrom Maine proposes to amend the section by insertin in line two, afterthe word “allowed, ” the wor s “ by law.” The amendment was a ed to.
Mr. HENDRICKS. move to add after the word “ police ” in the 1st line of that section, the words ‘and 2 policemen at the Executive Mansion.” They discharge the same du{ y and perhaps more duty than the Capitol office.
Mr. FESSENDEN. We are providing here for the Capitol and not going any further than that, and in a bill which we have passed at this session we fixed the salaries at the President’s Mansion just as they asked for them precisely, and they all Brofcssed to be satisfied with them.
Mr. HEN ItICKS. They are fixed atjust the same that the Capitol police here get, I understand.
Mr. FESSENDEN. Why go to the Executive Mansion and the Depts in this matter, where we are merely acting for the Ca i tof.’ I do not want to burden this bill With other matters.
Mr. HENDRICKS. I think the Senator is mistaken. I think that the bill he refers to fixes the compensation of the messengers at the Executive Mansion, but not the policemen. My amendment is to provide for 2 policemen who have been detai ed for service at the Executive Mansion.
Mr. FESSENIHEN. We provided for them in the executive bill. Their salaries are all fixed.
Mr. FESSENDEN. Yes, sir; of all the officers there.
Mr. HENDRICKS. I think not these 2 policemen. One of them spoke to me about it, and said they rendered more arduous service than the olicemen do here.
Mr. FESSEi DEN. What I object to is to traveling outside of the object of this provision and beginnin with the policemen there. The next thing will he that somebody will speak to a Senator about the policemen in the epart merits, and so it will go on. This is confined to the officers, clerks, and policemen of the Capitol.
Mr. HENDRICKS. I think the Executive Mansion on ht to stand, in that regard, precisely with tie Capitol. I think they ought to have the some compensation.
Mr. FESSENDEN. We have provided exceedingly liberally for everything a out the Executive Mansion, just as it was asked for.
Mr. HENDRICKS. I think you are mistaken about these policemen.
Mr. CONNESS. If the Senfrom Maine will excuse me, I can add a little information on this subject. The fact a pears to be this: when the guard of soldiers that attended at the Executive Mansion were relieved there were 2 policemen deputed to serve there; it was deemed prudent to have them there; and there is no provision for their compensation by any existing law; and therefore, unless the words suggested by the Senfrom Indiana are added, those 2 persons will have no compensation. That is all there is in it. I get this information from an undoubted source.
Mr. HENDRICKS, [to Mr. Fessenden] You had better let it go in any way.
Mr. FESSENDEN. If that is the fact I will not object. I will send for my clerk and find out. I ask that the amendment of the Senfrom Indiana be laid over at present until we can et some information about it.
The PRESIDING OFFICER. The amendment will be passed over by general consent, if there be no objection.
Mr. KIRKWOOD. Do the words “ Capitol police" in this section include those employed in the grounds as well as in the build in?
The PRESIDING OFFICER. The question now is on the amendment of the committee to strike out the 7th section, as amended. The amendment was rejected. The next amendment was to insert after section 7 the following words: SEC. An Abife: That the following sums will be appropriated out of any moneyin the Treasury not otherwise appropriated.namely.
The PRESIDING OFFICER. That is a verbal amendment, and will be considered as agreed to, if there be no objection. The next amendment was to insert at the end of the bill the following: For contingent expensesof the Senate, namely: For the Senatefolding room, For additional messengers during the session.$5, (lX).
Mr. SPRAGUE. I desire to move an amendment to that amendment. I will state that my amendment is to correct a mistake or an error in the motion of the Senfrom Iowa, [Mr. Gamma] who suggested an increase of 20%. in the compensation of the employees of the Senate. It appears that there are 7 or 8 additional nicssengers whose compensation is not provided by law, and it has been ascertained this morning that the motion of the Senfrom Iowa does not meet their case; that they will necessarily be left out; and it is to perfect his motion that I offer this amendment. It was thought that they would be unable to get it perfected in the other bill. My amendment is to insert at the end of the amendment of the committee the following: And suqh messengers and other cmploycs and clerks of committees whose compensation has not been otherwise increasedat this session of Congress shall receive 20%.in addition to the compensationheretoforeallowed, commencing the 1st Mon day in December.1865. The amendment to The amendment was agreed to., The amendment, as amended, was adopted.
Mr. FESSENDEN. After the word “dollars” in line 11, page 12, I move to insert the following: To supply a deficiencyin the appropriation for the compensation of the clerk engagedin the salc of interiial revenue stampsin the offico of the U.S.Asst Treasurerat SanFrancisco.8600.
Mr. FESSENDEN. If the Senfrom California will give me his attention for one moment, I will now read the revision in regard to the policemen at the ixccutive Mansion. We inserted in the Senate the following amendment on the legislative appropriation bill, which was agreed to by the house. To enablethe ComrPubBldg to pu'f two oliccinc‘nat the President's Iloiise, $3, 640, 1 lo the ComrPubBlg to pay 2 olicomcuat the Presldent'sfigure (onefrom a the other fromNovember‘101. 865t, oJune
Mr. CONNESS. All I have got to say is the very highest compliment to the committee; it is all right.
Mr. CRESWELL. I desire now to go back to the amendment which was passed over in lines 84, 85, an 86 of the 1st section. In lieu of those lines.I more to insert the following: The compensation of the deputy solicitor of the Courtof Claims shall be83, 50), payablequarterly out of any money in the Treasury not otherwise approprinted. It appears that upon the establishment of this court in 1855 ere was authorized to be a pointed a solicitor of the Court of Claims a one: but it was soon found that it was impossible for him preperly to discharge the duties; and the next year authority was given for the appointment by the Presicut of an asst solicitor of the Court of Claims, and also authority given to the solicitor himselfto appoint a deputy. The asst was to receive under the law of 1856 $3, 500, and the deputy $2.500. By subsequent legislation in 1803 it was enacted: That the solicitor. Asst solicitor, and deputy solicitor ofsnid courtshall hereafterbea pointedby the President, by and with thendvicoan consentof the Senate and it shall be their duty fnitlifully and diligently to defend the U.S.in all matters and cases before said CourtofClaiuis, andin all cases taken by appeal therefrom to the Supreme Court: and no other feeor compensationthan thesalary of said solicitor and asst and deputy solicitors shall hereafter, in any case, be paid to either of them, and no feeor compensationfor services in either the Supreme Court or Court of Claims shall hereafterbe allowedor paid in any case by the U.S." By this last enactment it will be observed that these 3 officers are put on precisely the same basis, all appointed by the President, and all have exactly the same duties to perform. Of course, the solicitor is the chief ofll cer, who directs the operations of the other 2; but the same duties bein required of all these officers it seems to me to eeminently Just that the deputy solicitor should receive the same salary as the asst solicitor.
Mr. FESSENDEN. What does the asst solicitor receive ‘2.
Mr. FESSENDEN. The provision in the bill is that he shall receive the same salary as the solicitor. What does the solicitor receive?
Mr. FESSENDEN. What does the deputy solicitor receive?
Mr. CRESWELL. 2500 dollars; and this amendment is to raise his salary to $3, 500, the same as the asst receives. The duties incumbent on those officers are very onerous.
Mr. FESSENDEN. The increase should be made to commence “ from and after the 30th day of June. 1866.”
Mr. CRESWELL. I have no objection to l at.
Mr. TRUMBULL. The ComJudiciary reported in favor of a similar rop position to this, which was inserted in a bil that was passed by the Senate.
Mr. FESSENDEN. I presume it is all right, but I wish to put it in a shape in which it will be intelligible.
Mr. CRESWELL. Very well; I will mod ify my amendment so as to make it read: The compensation of the deputy solicitor of the {hurt of Claims shall be. from and after Jone 30. 808.83.50op.ayable quarterly out of any moneyin the Treasurynototherwiseappropriated.
Mr. FESSENDEN. The provision in the bill refers to the “ asst solicitor." Are you snre which one it is?
Mr. CRESWELL. The 84th linc refers to the d. but solicitor.
Mr. FESSENDEN. I know; but the rest of the provision speaks of the asst. Which is it?
Mr. CRESWELL. Mr. TBUMBULL. now receives 83, 500.
Mr. FESSENDEN. Then you have got it ri t. the amendment was agreed to.
Mr. SUMNER. I offer the following amendment to come in as a new section: Abife: That there shall be paid to the severalclerksof the State Dept 20% of the compensation nowallowedto each.to commenccfrom the 30thof June. 1866, and to continue until ropealed by Congress;and a sum sufficient for this purpose is hereby appropriated out of moneys the Treasury not otherwise appropripriated. Mr. President, I observe on page 7 of this bill that there is an appropriation for an additional 20 or cent. compensation to the messenger of the Court of Claims. There is one instance. Then on age 9 there is an a froprintion for incrcase compensation of the chief justice and associate justices of the supreme court of the DistCol.
Mr. FESSENDFN. That is to meet an existing law. We have to pay them the sala ries provided for by law.
Mr. SUMNER. I understand that; but there has been a law giving an increased compensation in that case. Then again on page 12 we have a provision “for salaries of additional clerks and additional compensation of officers and clerks in the Treasury, &c., $10,000.” I will say nothing now in behalf of the proposition that I have sent to the Chair. It was so thoroughly discussed yesterday and 2 days ago. when 1st introduced, that I believe the Senate fully understand it. I hope, however, that they will not now hesitate to ado t it. h
Mr. FESSENDEN. What is that last provision you referred to? Where do you iin it?
Mr. SUMNER. On page 12, from line 7 to line cleven.
Mr. JOHNSON. It has been my fortune to be in the District for the last 8 or 10 years and to be very familiar with the officers of the State Dept particulnrly. It has been rendered necessary) 7professional as well as public business. I do not think that there are more competent clerks to be found anywhere. Many of them are men of very distinguished capacity. [have always been surprised that men of that standing, intellectually and mor ally, would remain in the office for the salaries they get. They are barely able to live at all by the strictest economy. I hope, therefore, that the Senate will adopt the amendment.
Mr. FESSENDEN. I sincerely hope that this amendment will not be adopted. If we begin with the Depts. we have got to go through with them. The Senfrom Wis‘ consm [Mr. Doou'rrns] has given notice that It is the deputy. The asst solicitor he shall move as an amendment the bill for the reorganization of the Interior Dept. The Senfrom Massachusetts [Mr. Winsox] will move the 20%. additional, or something similar to it, for the reorganization of the War Dept. Now, if you begin that kind of legislation on this bill for the depts, the Senate can see where it will go. should think they had experience enough of such legislation on the miscellaneous appropriation bill, which we havcjust passed, not to be very desirous of entering into it again. If we do enter n on it, it is impossible to foresee wlgan we 5 all get through or where it will en. Now, sir, we have no statement from anybody of what the classification of these clerks is, what salaries they now receive, what duties they perform, or anythin about it. We have simply the statement of the honorable Senfrom Massachusetts, the chairman of the Committee of Foreign Relations, that they are a very accomplishm set of gentlemen and render good service. When the question is put what each one in detail receives e is not prepared to say.
Mr. FESSENDEN. I have not heard any statement, at any rate. We do not know what the rates of salaries paid there are. It has not been communicated to the Senate. Before the Senate act on this question we ought to know what the number of clcrks is and what they severally receive. The objection, however, which I have to it is to legislating for the Depts in this way. In some of the Depts I know that the large body of the clerks receive as much as they ought to receive. Take the Treasury Dept, for instance. The only use of the additional appropriation made there, as I have often explained, is to enable the SecyTreasury to keep the higher class of clerks that he could not keep without it. We have given no 20% to the lower class of clerks; we have given no 20%. to the clerks in the War Dept; we have given no 20%. to the clerks in the Interior Dept; we do not propose to do it; and yet the State Dept is singled out on account of the labors there, which certainly, to say the least or most of it, cannot exceed the labors that have been performed in the War Dept and in the other Dept s for the last 4 years. The State dept has had, comparatively, a very easy time of it, and always has an easy time of it. If they are so superior to the clerks in the other Depts and have these interesting duties to perform, which are so gratifying to gentlemen of taste and scholarship, &c., it is all for their advantage, and I should not think it was wise to give them the additional advantage o. but ting upon them an increase in this way which you do not propose to give to the clerks in the other Depts. At all events, I am exceeding] anxious that we should not begin that kin of legislation for the Depts, at least upon this bill, for there is no knowin where it will end, or when we shallget through with the bill if we attempt it.
Mr. FESSENDEN. I will ask the Senator why he has not done like the other committees having charge of other Depts brought in a bill to reorganize the State Dept?
Mr. WILSON. I move that fhe Senate take a recess until 7 o’clock.
Mr. FESSENDEN. lf anybody wants to meet at 7, make it 7 o‘clock.
Mr. TRUMBULL. Several of us cannot get back to the Senate Chamber by 7 o’clock.
Mr. WILSON. Then I will say half past 7. The motion was agreed to; and the Senate accordingly took a recess until half past 7 o’clock. EVENING SESSION. The Senate reassembled at half past 7 o’clock p. in. FONTAINE '1‘.FOX, JR.
Mr. DAVIS. Before we proceed with the regular order of business, I move to take up HouseJtResolution No. 164, which is to pay a little claim of $200 or $300; it has already been gassed by the House and favorably reported on y the Senate ComMilAffrs. The motion was agreed to; and the JtResolution (H.R.No. 164) for the relief of Fon taine T. Fox, jr., was considered as in ComWhole. It is a direction to the proper accounting officers to pay to Fontaine T. ‘ox, jr., late aid decamp to Brigadier General W. '1‘. Ward, a sum equal to the pay and allowances of a 1st lieutenant and aid decamp, from the 8th day of October, 1861, to the 3d day of April, 1862. The JtResolution was reported to the Senate, ordered to a 3rd reaing, read the 3rd time, and passed. NEBRASKA INDIAN HOSTILITIES.
Mr. WADE. I am directed by the ComTerritor, to whom was referred the bill (H.R.No. 761) authorizing the reimbursement to the Territory of Nebraska of certain expenses incurred in repelling Indian hostili ties, to report it back without amendment; and I ask for its present consideration. by unanimous consent, the bill was considere as in ComWhole. It proposes to instruct the SecyWar to examine, adjust and allow the expenditures and liabilitiesof the Territory of Nebraska, made and incurred in the year 1864, for the pay, equip ment, and maintenance of territorial troops in the suppression of Indian hostilities and protection of the lives and property of citizens of the U.S. exposed to the attacks of the confederated tribes. The amount so allowed, when approved by the proper accounting officers of the Treasury, is to be paid into the territorial treasury by a warrant payable to the order of the Governor of that 'lerritory, and is to be in full for all claims in the premises on the part of the Territory or the troops thereof. But no allowance is to be made for troops be ond the companies called outby the Governor in that year, and placed under the command of the general commanding the troops of the U.S. in that Territory; nor is any rate of pay or expenses of any kind to be allowed higher or greater than those allowed by law to like troops regularly enlisted in the service of the U.S. 45,000 dollars, or so much thereof as may be necessary, is appropriated to carry out the bill.
Mr. GRIMES. I should like to hear the report read.
The PRESIDENT protempore. The Chair is advised there is no report accompanying the bill.
Mr. WADE. I do not know that there is anything in the shape of a report, but all the original papers in the case are here. I presume it is all right. It only requires the claim to be settled according to what the officers find the facts to be.
Mr. GRIMES. I do not want to object to it, but I think the Senator had better put it in the same shape other bills are for Massachusetts, Iowa, Oregon, and Missouri authorize the SecyWar to investigate the subject and report at the next session of Congress. I do not want to object to the bill, but this is a departure from the uniform custom on such bills as the ComMilAirairs have been in the habit of reporting to the Senate, which all the Senate have concurred in.
Mr. WADE. I do not know of any other except in this shape.
Mr. GRIMES. Yes, one for my own State, one for Oregon, one for Massachusetts, one for Missouri, and I do not know how many others have been passed in the shape I suggested. I do not interpose any objection to the bill if the Senate see fit to pass it in its present shape, but it is a ilcpnrture from the uniform practice.
Mr. FESSENDEN. I should like to have it read.
Mr. WADE. It seems to me a carefully drawn bill.
Mr. WADE. If there is no objection to iIt ho c it will pass. ‘lie bill was reported to the Senate 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. McPiiicnsos, its Clerk, announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.32))to amend the acts relatin to officers employed in the examination of imported merchandise in the district of NewYork. The message further announced that the HoRep had passed the following bills and JtResolutions, in which it requested the concurrence of the Senate: A bill H.R.No. 588) for the relief of Richard hene A bill (H. H., HO. 788) to establish and protect national cemeteries; A JtResolution (H.R.No. 200) authorizing the SecyWar to settle with the Territory of Colorado for the militia of Territory employed in the service of the Unisteaig States in the years 1864 and 1865; A JtResolution (H.R.No. 201) for the relief of the oliicers of the 13th regiment of the U.S. colored heavy artillery; A JtResolution (H.R.No. 202) in relation to brevet appointments and commissions in the U.S. Army; A JtResolution (H.R.No. 203) authorizing the SecyWar to contract with Dr. Alexander Dunbar; A JtResolution (H.R.No. 204) to reim burse Mrs. Mary Phe ps, of Missouri; and A JtResolution (H.R.No. 205) for the erection of an equestrian statue to the memory of Brevet Lieutenant General Winfield Scott. BILL INTRODUCED.
Mr. WLSON asked, and by unanimous consent' obtained. leave to introduce a JtResolution (S.R.No. 142) respecting the Army of the U.S.; which was read twice by its title and ordered to be printed. DEFICIENCIES IN APPROPRIATIONS. The Senate, as in ComWhole, resumed the consideration of the bill (H.R.No. 791) to supply deficiencies in the appropriations for the service of the fiscal year ending ] nus 30, 18$G, and for other purposes, the pending question being on the amendment of mr. Suussu, to add the following as an additional section: Abife: That there be several clerks aid to the Dept nf otnte, went%.of the compensationnow allowed to one. commencefrom to the 30th of June. 1866 and to continuc until repealedby Congress, and a sum sufficient for this purpose is hereby appropriated out of any moneys n the Treasury nototherwiseappropriated.
Mr. GRIMES. I move to inscrt after“State" the words “ and Nav Dept.”
Mr. HENDRICKS. I ask the Senator how much he cts under the present law.
Mr. HENDRICKS. The change was made at this session.
Mr. SUMNER. That has not yet gone into operation. The Senator will remember that we created a new office of 2nd Asst Secyreta of State which it was expected that he would fill. Among these is Robert S. Chew, who has been in the service 32 years; William Hogan. who has been in the service 11 years; R. S. Chilton. who has been in the service 14 years; H.D.J. Pratt, who has been in the service 15 years; Thomas C. Cox, who has been in the service 11 years; John P. Polk, who has been in the service 18 years. However, sir, I will not follow out this narrative. I merely call attention to the length of service of these gentlemen as furnishing evidence of their fidelity to the Government by the extent by which, ifI may say so, they have embodied themselves and their lives in the public service so that they have been so completely identified with it that they cannot easily pass from itinto an Y other career of life. There they are, sir. You have had not only the flower of their years but almost the fruit of their existence on earth; and it seems to me that such public servants before they die do deserve a certain consideration from the Government which they have so faithfully served. As I stated this morning, if we had bureaus in the State Dept; if that Dept was organized as the Treasury Dept is organized, so as to furnish a place at $6,000 a year or $3,000 or $4,000 a year for the head of a bureau, these valued public servants would find perhaps a certain reward for their services; but there are no such bureaus in the State Dept. All there are on a certain quality, a certain dead level; they range as clzlrhrs and nothing else, and they have only the pay of has been clerks; and my motion now is to add to that compensation 20%. additional.
Mr.GRIMES. I wish to withdrawthe amendment I proposed.
The PRESIDENT protempore. The question is on the amendment of the Senfrom Massachusetts.
Mr. HENDRICKS. Iwas very anxious for an early adjournment, but I now rather regret that a day is fixed. I think if this session were to be continued 4 or 5 days longer perhaps we could come to an understanding on this most difficult question of the relation of the clerks of the State dept to the Government. [Laughten] ‘hat is the only regret I have that the session is to come to a close on Saturday. The Senate has very fully expressed its views on several occasions; the Senfrom Massachusetts has given us the benefit of his learning and the force of his argument on this question, how many times I will not undertake to say; and I think he might come to the conclusion that possibly the senate understands, to say the least of it, the bor ders of this rent and troublesome and difficult subject. e has shown by giving a statement of the facts that the clerical force of the State Dept is the best paid clerical force in Washington. He says there are 8 clerks who get the highest clerical salary, $1, 801 of the 8 gets $2,000. Then there are 9 that get the next highest salary of $1,000. Then there are 3 who get the next highest salary of $1, 400, and only 3 who get the lowest salary of $1, 200, while I suppose in the Treasury Dept there are 1,000 men working at $1, 200 a year.
Mr. FESSENDEN. The clerks of the State Dept are the best paid in proportion to those of any Dept there is.
Mr. HENDRICKS. I did not know so much about it until the Senator made his statement. That statement has shown the facts that this Dept is the best paid Dept in the Government. He says it has no bureaus. Take one of the bureaus in the Treasury Dept; the bureau of the 2nd Auditor.
Mr. FESSENDEN. Notwithstanding.the small number there, it has, by the legislation of this year, 2 Asst Secretaries and one examiner of claims at $3,000, the ordinary pay of the head of a bureau.
Mr. HENDRICKS. I was not aware of that fact; but take the Senator’s own argu ment: he says it has no bureaus. Take one of the bureaus of the Treasury Dept, the 2nd Auditor’s, where they settle bounties and the like. I guess there are 400 clerks, erhaps, in that bureau, and they are nearly alI] $1, 200 clerks. If we are going to correct this thing, we had better do it upon some system and principle; we cannot do it in this way properly, and I think we might as well go on and make an appropriation bill of this. I cannot say that it is particularly gratifying to my taste that whenever the Senator alludes to this interesting and delicate question, he says that Senators have voted to increase their own pay. What connection has. that with this? What connection have the accomplishments required for a U.S. Senator with those of a clerk in a Dept? I cannot see the force of the argument. Senators are resumed to brin to this body experience and earning; some mm the professions, some from the commercial and manufacturing pursuits of the country. I should like very well that at an early hour we could get through with this bill; and if we can just get through this trouble some question, the greatest of all questions, the like of which is not known in our legislation, I have some he cs that we can get through the bill at a reasonable hour. [Laughter]
Mr. SPRAGUE. Idesireto offer an amendment to the amendment.
Mr. GRIMES. Wait till that is disposed of. Mr: SPRAGUE. Very well; I will not propose it.
Mr. WILLEY. I desire to direct the attention of the honorable Senfrom Massachusetts to the phrascology of hisamendment. It seemsto niealiteralinterpretation ofhis amendmentas it is there, instead of increasing the compensation of the clerks in the State dept would diminish it. As I understand it, it is that “ 20%. efthe compensation" now received by them shall be paid. I suggest to him that what I understand to be the design of the amendment is that an amount equal to 20%. of all they now get be added to their present compensation. If I heard the amendment read correctly it simply is a direction to pay to the clerks 20 perclent. of the compensation now received by them.
Mr. SUMNER. Ihave already corrected it so as to meet the criticism of the Senator, though he will pardon me ifI say that I think the criticism was not applicable. The salary which they receive new of course stands on the law, and this would be an appropriation of 20%. further, but to obviate all doubt I hav. but in the word “additional.”
Mr. SPRAGUE. The amendment which I was about to repose but which I withdrew, was substantially the amendment of the Senfrom California. I had put it in this shape: There shall be allowedand paid to the clerks and employesof the War Dept whose compensation July hla, 1s8noo0t.twbeenetnyoptchrerwise increased previous to cent.additional on their respeotivo salaries, to take cflbet from and after the 1stday ot‘July. 1865. If the amendment of the Senfrom California fails, I shall take an appropriate occasion to otfer that which I have just read, and I will so a word in support of it. I have been credibly informed that the employes of the War Dept consist in a very large degree of retired and discharged soldiers, many of them wounded. More than 3/5th s of the apointment s to clerkships in that Dept have been of soldiers in our Army. I have been informed also that the average coni ensation at the presenttime of the clerks in the rar Dept, taking all the grades, is $1, 200, whereas in the Treasury Dept the average is $1, 400. I understand further that the clerks of the War Dept are employed 7 hours perday while the average number of hours in the Treasury Dept is 6 perday, so that it is very evident that the pay of the clerks in the War Dept isinferior to that of the clerks in the Treasury Dept. The amendment to the amendment was rejected; and the amendment was rejected.,
Mr. WILSON. I offer the following amendment as an additional section: Abife: That the SecyWar hedirected to cause estimatesto be madefor the erection of suitable tire proof buildings for the quartermaster's dept in WBSlHllL'itln.statin the location and price of the hind, and Plans an costof necessary buildings, to be reported at thenext session of Congress.
Mr. GRIMES. I move to strike out “ quar termaster’s dept” and insert “ War Dept.” The offices of that Dept ought all to be under the same roof in the same building the Commissary, Quartermaster, Ordnance, Surgeon General, and all of them. We have got plenty of reservations elsewhere in the city. There is plenty of ound to be obtained it we did not own any; at we own enough. It. may not be advisable to place this building in the square where it is now located. Let the matter be investigated by proper parties before the next session, only let them make a report.
Mr. WILSON. To build a building for the War Dept is the work of years. They are under the necessity now of getting some safe place for the quartormaster’s dept and or the protection of the papers in that dept that are now very much eXposed, and the SecyWar is exceedingly anx ious that something should be done at this session.
Mr. SHERMAN. It will take no longer to have estimates for the whole. We have the Surgeon Generafs office in one place, the PayMGens in another. the Commissary Generafs in another, and the QuarterMGens in another. It is difficult to tell where the offices are., I hope the amendment to the amendment will be made.
Mr. GRIMES. The War Dept ought to be an entirety.
Mr. WILSON. Why not say “the War Dept and quartermaster’s dept?’
Mr. GRIMES. The greater includes the whole. If the SecyWar thinks it only advisable to build a quartermaster’s dept, he will so report to us.
Mr. WILSON. have no objection. I will accept the modification.
The PRESIDENT pm tern/pore.The amendment will be so modified. The amendment, as modified, was agreed to.
Mr. WILLIAMS. I offer this amendment to come in on page 8, after line 168: For this amount or so much thereof as may be necessaryto pay the indebtednessincurred f r the Indian service.in the state of (baconand the erri staydie' Washington.in the years1860.I861 and 1862. I will state this is recommended by the SecyInterior, and has also been recommended by the ComIndAffrs. It was passed by the Senate upon the Indian appropriation bill and stricken off by the committee of conference with the understanding that it should be put upon the deficiency bill and for that reason I offer it at this time.
Mr. DAVIS. I offer an amendment, after the word “ dollars, ” in line 35, on page 2, to insert: For deficienciesin the paymentof balancesdue for taking the censusof 1860$.2l036021. I submitaletter from the Dept which I will ask the Clerk to read.
The Secretary read the following letter: Dsna'rnss'r or run liv'rsmon. WABH‘INGTODN.,0. J1me13.1866. Sin: In answer to your letter of yesterday.desir {ng to be informedwhat sum would suffico to my the a anccsdue for takin the censusof 1860 I iavo to say that the books of the Census office showthe balancedue U.S.marshalsand their assts on this account to be 21 and this Dept has askedof Congressan appropriation 0 this amountfor the purpose of liquidating these claims. I am.sir. very respectfully.your obedientservant. 2V. T. SQT. l. e1. Hon. Gsunzr'r DAVIS. U.S. Segue?” am
Mr. SHERMAN. I desire to offer as an amendment to that this proviso: paPidrovided. That no portion of this sum shall be to any marshal or other person who hastaken part in the rebellion againstthe U.S. If any of the marshals to whom this money ll due entered into the rebel service and tried to overthrow the Government, they ought not to be paid. The amendment to the amendment was agreed to.
Mr. FESSENDEN. I wish to say, in order that the Senate may understand the views of the ComFinance, that this question was before us, and I suppose it was before the committee ot the House, and it was not acceded to by either committee. We thou ht, as the presumption was that in the conederate States these persons had been employed in the rebellion, we had better wait until we got some proof of well ascertained claims of loyal persons before we made an appropriation for pay ment, and therefore declined to put it upon the app‘roprintion bill.
Mr. FESSENDEN. I do notknow whether it would come exactly within that category; but whether or not, we came to the conclusion that although this might appear to be due by the books, yet it was unwise to make this large appropriation. Let it 1st be ascertained what amounts are due to parties who stood in proper relation to the Government to make a claim, and then we can make an appropriation to pay it. We thought that was the wisest vcourseto take. I believe that is the conclusion to which the committees of both Houses came.
Mr. DAVIS. The object of this appropriation is to compensate for labor that was performed before there was a war or a rebellion. The sums due to these deputy marshals have been due about 5 years. I have had the honor of being a member of this body for about that period of time, and I have been pursuing some halfa dozen claims with all the nssiduity of a most vigilant constable from that time to the present and have not been able yet to over take them. I hope with the guard that has been thrown around the appropriation by the very commendable vigilance of my honorable friendfrom Ohio. the amendment will be adopted. I ask for the yeas&nays. The yeas und nnys were ordered.
Mr. CONNI‘ISS. I wish to say before the vote is taken that it is within my knowledge. as within that of the Senfrom Kentucky, that these claims have been ascertained for a long time. There is scarcely any State, I apprehend. in the Union where there are not moneys remaining unpaid. It. has been earned for 5 years past, and the only difficulty in the way of payment is the want of an appropriation. A great many cases have come to my knowledge.
Skip Skip The question being taken by yeas&nays, resulted yeas 19, nays 14; 17. So The amendment was agreed to.
Mr. WILSON. I move this amendment as an additional section: Abife: That section 4 of the not entitled "An act to provide for the paymentof horses and other property lost or destroyed in the sorvice of the U.S." approved blnrch 3.1849. be amendedby striking out all after the enacting clauseand in lieu tin roofinscrliinzthe words. " that thesaid Auditor shall in all cuses transmit his adjustment. with all the papers relating thereto. to the 2nd Comptroller for his revision and decision thereon.the sumoin all respectsas is providedin the act of the 2dof September.1789."
Mr. WILLIAMS. I olfer this amendment as an additional section: Abife: That thesum 0115.000 be and the some is hereby. appropriated.out of any moneyin the Treasury not otherwise appropriated.to defray the expenseofconlinuinczthe indexto Senate lists of private claimsdown to the presente onuress. ire pursuanceof the orderot ths SenatedatedMarch
Mr. FESSENDEN. That was before the ComFinance and was not recommended for the want ofinforination but I am since satisfied that it is right, and I make no obicction to it.
Skip Skip The amendment was agreed to. The bill was reported to the Senate as amended.and the amendments were concurred in.
Mr. DOOLITTLE. I am instructed by the ComIndAffrs to offeran amendment and I send to the desk with the amendment a letter of the SecyInterior. The amendment was read, as follows: Insert after line 186 on p e 9: To enablethe SecyInterior to pay the It is really in the nature.5 I Comic reasonable costs and expensespaid or inciI r edby the delegates of the southern Cherokeesin comingto and going from YnslllllfllOll. flDCIduring their stay. upon the formation of treaties of peaccnnil amity with the Indian tribes. a sumnot exceeding 8%.“10: Provided. That said sum shall be refunded to the Treasury from the proceeds of the sales of Cherokee neutral landsin hansas. The following letter was read: U.S. Senators Cuannsa. W/isuisa ros. July 25.1806. Sin: Delegates from the southern Cherokees invited by the Governmentto visit wnsliington fortho purpose of consultationin the negotiation of atreaty with the Cherokee nation. have men thus occupied since Octoberlast. 1st meeting Government commiesioncra at Fort Smith and since at this cits. Thz have thus lost their whole time and incurre considerable expense which should be provided for by an appropriation. I am of the opinion that the sum of $25.00 would cover these expenses. The amount might be restored to the treaaurywhol the Cherokee neutral lands in Kansas shall have been sol. With great respect. I have the honor to be our obedient servant. JA HARLA. clan! Interi m; Hon. J. R. Dooniml. Chairman CommitteeIndian Mom.
Mr. SUMNER. I now renew my amendment in regard to the clerks in the State Dept.
Mr. SPRAGUE. I move to amend the amendment by adding to it: And that there shall be allowed and paid to the clerks and employes of the War and Navy Depts whose compensationhas not been otherwise increased previous to Jul 1. 1866. by law of this session. 20%. additional on their respective salaries. to take effectfrom and after the let day of July. 1865. The amendment to the amendment was rejected.
The PRESIDENTpro tempore. The question is on the amendment of the Senfrom Massachusetts.
Skip Skip Mr. SUMNER called for the yeas&nays, and they were ordered: and being taken, resulted yeas 13, nays 18; H). So the nmendment was rejected.
Mr. HENDRICKS. I offered an amendment which was postponed, the Senfrom Maine saying he would examine it.
Mr. FESSENDEN. I did examine it and I found that that matter was arranged on the other bill.
Mr. HENDRICKS. Very well. The amendments were ordered to be engrossed and the bill to be read a 3rd time. The bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM Till ] HOUSE. A message from the HoRep. by Mr. McPnsasos, its Clerk, announced that the HoRep had passed the bill (S.No.334) to prevent the wearingof sheath knives by American seamen. The message further announced that the HoRep had passed the JtResolution (S.R.No. 131) for the temporary relief of the sufferers by the late fire in Portland, in the State of Maine, with an amendment, in which it requested the concurrence of the Senate. ENROLHED BILLS SIGNED. Themessage also announced that
The SPEAKER of the HoRep had signed the following enrolled bills and JtResolutions; which Were thereupon signed by the President 0 Iemporc: A bill (8. NO. 20) granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast; A bill (S.No.214) to incorporate the general Hospital of the DistCol; A bill (S. No.309) to authorize Samuel Stevens. a Stockbridge Indian, to enter and purchase a certain tract of land in the Stock ridge reservation, Wisconsin; A JtResolution (S.R.No. 86) to provide for the publication of the Official History of the Rebellion; and A Jtresolution (S.R.No. 117) for the relieflof Charles M. Blake. REPORTS OF COMMITTEES.
Mr. CLARK, from the ComJudiciary, to whom was referred a bill (H.R.No. 710) to punish certain crimes in relation to the public securities and currency, reported it without amendment.
Mr. POLAND, from the ComJudiciary, to whom was referred a bill (H.R.No. 468) to provide for the suits, judgments, and business of the U.S. provisional court for the State of Louisiana, reported it without amendment. HOUSE BILLS REFERRED. The following bills and JtResolutions from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 588) for the relief of Richard Chenery to the ComIndAffrs. A bill (H.R.No. 788) to establish and protect national cemetaries to the ComMilAlfnirs and the Militia. A JtResolution (H.R.No. 200) authorizing the SecyWar to settle with the Territory of Colorado for the Militia of said erritory employed in the service of the U.S. in the years 1804 and 1865 to the ComMilAffrs . A JtResolution H.R.No. 201) for the relief of the officers of the 13th regiment of the U.S. colored hea artillerytli; the ComMilAffrs and the ilitia. A JtResolution (H.R.No. 202) in relation to brevet appointments and commissions in the U.S. Army to the ComMilAifairs and the Militia. A JtResolution (H.R.No. 203) authorizing the SecyWar to contract with Dr. Alexander Dunbar to the ComMilAffrs . A JtResolution (H.R.No. 204) to reim burse Mrs. Mary Phelps, of Missouri to the ComMilAffrs . A JtResolution (H.R.No. 205) for the erection of an equestrian statue to the memory of Brevet Lieutenant General Winfield Scott to the ComMilAffrs . THE PORTLAND FIRE. On motion of Mr. FESSENDEN, the senate proceeded to consider the amendment of the l HoRep to the JtResolution (S.R.No. 131) for the temporary relief of the sufferers by the late fire in Portland. in the State of Maine, which was in line 7 to strike out “ or” and insert “and.” On motion ofhMr. FESSENDEN, the amendment was concurred in. EXAMINATION of MERCHANDISE.
Mr. MORGAN, from the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.30) to amend the acts relating to officers employed in the examination of imported merchandise in the district of NewYork, submitted the following report: The committee of conferenceon the votes of the 2 Houseson bill of the Sendaistaegfi0e.c3in9g. entitled ‘An actto am ond the actsrclatingto oficers OPDIOYOd in the examination of imported merchan discin the district of NewYork." having met.after full and freeconference, have agreedto recommend, do recommend, to their respective Houses as o ows: That the Senate.agree to the 1st. 2nd, 3rd, 4th, 5th, and 8th amendmentsasmadeby the case. That the Senate agree to the 9th amendment madeby the House With the followm amendment: insert after the word “inspectors, "in the 2nd line of and amendment, the words "of customsin any collection district shall:” and that the House agree to said amendment. That the House recedefrom the 6th and 7th amendmentsmadebythom. That the title of the bill be amended by adding theretothe words“and for other ourposes. z. CHANDL Pl cEa. n1)n.Monom MN Managers REAR RIDDLE. on the port oft/w b'c'uatz. CTIlIlOAMIlALSfDiS. OE'NLIEOITL.L, W. RADI ‘ORD. Managersan the part qftke Home.
Mr. FESSENDEN. I should like to know what the report is.
Mr. MORGAN. The most important matter of difference was in relation to the salaries of the appraisers. The Senate fixed the sal ary of the principal appraiser at $4,000, and of the other appraisers at $3,000: the House amended by fixing the salary of the principal appraiser at $5,000, and of the others at $4,000. The House reeede and agree to the bill as passed by the Senate in that respect. That was the principal matter of disagreement; the others were verbal. In relation to the time, we make it the 1st of September. The report was concurred in.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. Liorn, its ChiefClerk, announced flat the HoRep had disa greed to the report of the committee of conference on the disagree in votes of the 2 Houses on the bill (H.R.I‘Io. 780) to protect the revenue, had further insisted upon its disa greement to the amendments of the Senate to the said bill, asked a further conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. JAMES K. Moonnasn of Pennsylvania, Mr. JUSTIN S. Monniu. of Vermont, and Mr. Cowmws Demo of Ohio, managers at the same on its part. The message further announced that the HoRep had passed without amendment e bill (S.No.406) for the re. moval of causes, in certain cases, from State courts. The message further announced that the HoRep had passed the following bills and JtResolutions, in which it requested the concurrence of the Senate: A bill (H.R.No. 693) for the reliefofRobert Baldwin; A bill (H.R.No. 801) authorizing the payment of the rewards offered by the POTUS and the officers of the War Dept in April and May, 1865, for the capture of JeffersonDavis and the assassins of the late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward A, bill (H.R.No. 806) more effectually to reserve ‘the neutral relations of the U.S.; A bill (H.R.No. 809) to further regulate the printin of public documents and for the purchase of paper for the public printing; and AJtResolution (H. t. No. 206) in relation to pensions of widows of revolutionary soldiers. EXECUTIVE SESSXQN.
Mr. SPRAGUE. I move to proceed to the consideration of House bill No. 756.
Mr. DOOLITTLE. I gave notice to the Senate early this morning that it was necessary to have an executive session for business of the ComIndAffrs. It has now got to be 9 o’clock, and I move that the Senate proceed to the consideration of executive business.
The PRESIDENTpro tempers. The motion of the Senfrom RhdIsland is superseded by the motion of the Senfrom Wisconsin that the Senate proceed to the consideration of executive business.
Mr. WILSON. I should like to take up the bill for the equalization of bounties.
Mr. DOOLITTLE. I gave notice this morning that it was absolutely necessary to have an. executive session for the consideration of certain treaties, which must be considered this evening or not at all; and there is other very important business also to be attended to in executive session. I must insist on my motion.
Mr. WILSON. I ask for the yeas&nays on the motion to go into executive session. I want to call up the House bill to equalize bounties.
Mr. GRIMES. That is not the question. [he yeas&nays were ordered; and being taken, resulted yeas 10, nays 11; 21. So the motion was agreed to. After 2 hours spent in executive sessionI the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnunsnar, July 26, 1866. The House metatelevon o’clock a.m. Prayer hy the Chaplain, Rev. C. B. BOYNTON. The Clerk commenced the reading of the Journal of yesterday.
Mr. ORTH. I move that the further reading of the Journal be dispensed with.
Mr. WENTWORTH. Iobjeet. The Clerk continued the reading of the Journal.
Mr. GARFIELD. I move to dispense with the further reading of the Journal.
Mr. WENTWORTH. I object, and shall insist on my objection. There is a proposition before the House to increase the salaries of members of Congress to $5,000. My object is to consume time and defeat that proposition. The Clerk concluded the res.ing of the Journal. PASSEA'GERSuY STEAM vnssnLs.
Mr. O’NEILL, by unanimous consent, reported from the ComCommerce, a JtResolution to construe an not further to provide for the safety of the lives of the as sengers on board of vessels propelled in whole or in part by steam, to regulate the salaries of steamboat inspectors, an for other purposes; which was read a 1st and 2nd time. the JtResolution, which was read atlength, provides that the act which it proposes to construe shall not apply to boats used exclusively as tugs or tow'boats. The bill was orderengross and read the 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. REBECCA J. SHEPPARD.
Mr. GARFIELD. I ask unanimous consent to introduce a bill for the relief of rebecea J. Shep ard. The bill, which was mad for information, authorizes the SecyTreasur to issue a new bond for $100, with coupons from may 1, 1865, to Rebecca J. Sheppard, of Phil ade phia, in place of her coupon bond for a like amount numbered 29,000 697, 4th series, loan of Februar 25, 1862, destroyed by fire.
Mr. COBB. I object. AMENDMENT OF THE PREEMPTION LAWS, ETE.
Mr. FRRRY, by unanimous consent, introduced a bill amen ete of the preemption and homestead laws; whiZIi was read a 1st and 2nd time. The bill provides that no existing provisos or construction of law shall operate in the State of Michigan to the exclusion from the benefits of the preemtion or homestead laws of half breeds or at or Indians, disconnected from tribal relations, where such parties in all other respects are able to meet the requirements of those enactments.
Mr. FERRY. I will state that this confers the benefits of the preemption and homestead laws on the Indians in the States. It has the approval of the ComrGLO as well as of the ComPubLands.
Skip Skip The previous question was 2nded and the main question ordered. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed.
Mr. FERRY mtRtv the bill was passed; on the table. agreed to. MISS VINNIE BEAM.
Mr. RICE, of Maine. I askiinanimous consent to report from the ComPubBldg and Grounds a JtResolution authorizing the SecyInterior to contract with Miss Vinnie cam for alife size model and statue of the late President, Abraham Lincoln, to be executed by her at a price not exceeding $10,000,0ne half payable on the comletion of the model in plaster, and the remaining half on the completion of the statue in marble to his acceptance.
Mr. RICE, of Maine, moved to suspend the rules.
Skip Skip Mr. COBB demanded tellers. Tellers were not ordered. The rules were suspended. The JtResolution was then received and read a 1st and 2nd time. Mr. RICE, of Maine, demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was orderengross and read a 3rd time; and engrossed, it was accordingly read the btchiinrg time. On the passage of the JtResolution, there were ayes 57, noes 7; no quorum voting. Mr. COBB demanded tellers. Tellers were ordered; and Mi. Conn and Mr. LEBLOND were appointed. Mr. COBB. Since the Gentfrom Illinois [Mr. WENTWORTH] votes for the JtResolution, I withdraw the demand for a division. The JtResolution was then passed. Mr. RICE, of Maine, mtRtv the JtResolution was passed; upon the table. agreed to. JOHN HASTINGS.
Mr. MOORHEAD, from the ComWays&Means, reported back Senate bill No. 324, for the relic of John Hastings, late surveyor and deositary of public moneys at Pittsburg, with terecommendation that it do ass. The bill was read.
Mr. MOORHEAD. The eXplanation I can ive of this bill is brief and comrehensive. he bill passed a year ago on the 3 of march, 1865; the description was wrong; Mr. Hastings was described as collector of customs of Pittsburg, when it ought to have been surveyor and depositary of public moneys. This only makes the necessary correction. I deman therprevious question. I demand the previous question
Skip Skip The previous question was 2nded and the main question ordered. The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and passed.Mr. MOORHEA'D mtRtv the bill was passed; upon the table. agreed to. REFUNDING or TAXES.
Mr. HOGAN moved that the ComWhole on the state of the Union be discharged from the further consideration of a bill (. R. No. 759) to authorize the refunding of certain taxes. The motion was agreed to. The bill provides that where the license tax imposed upon any wholesale dealer has been on culated upon the amount of such dealer’s sales for the previous year, according to the 79th section of the not approved June 80, 18154, and satisfactory proof has been made to the ComrIntRev that the sales made under such license did not equal in amount the sales of such previous year, said commissioner shall refund to such wholesale dealer so much of the amount aid for such license as may be in excess of the proper tax chargeable upon the amount of sales actually made under such license during the year forwhich the same was issued.
Mr. HOGAN. It meets with the approval of the SecyTreasury and of the ComrIntRev.,
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. HOGAN mtRtv the bill was passed; upon the table. agreed to. ATLANTIC AND PACIFIC RAILROAD.
Mr. CONKLING. I move to strike out from the list of corporators the name of “James M. Scovel" an insert the name of “Alexan der C. Cattell.” The motion was agreed to.
Mr. lVENTWOR TH. I notice that there are several members of Congress named among these corporators. I think it would be better to strike their names out.
Mr. PRICE. I have no control over that matter; it is for the House to decide.
Mr. WENTWORTH. Then I moveto amend by strikiii out the names of members of congrlelss in tie list of corporators named in this bi. The motion was agreed to.
Mr. LAWRENCE, of Ohio. Will the Gentfrom Iowa [Mr. Psics] allow me to oTTer an amendment?
Mr. LAWRENCE, of Ohio. I desire to amend the last section by adding thereto the following: And Congress shall at all times have the right to prescribethe rate of chargesfor the transportation of freight and conveyanceof passengersonsaid road.
Mr. PRICE. I cannot yield for any such purpose, for it is an entirely unusual provision, and I see no necessity for introducing a different feature into this grant. Now, in reference to this bill, I have but a few words to say, and then I shall call the previous question. This bill gives about the same grant of land to this Atlantic and Pacific railroad that was given to the Northern Pacific railroad. I desire to state but one other fact. The Northern Pacific railroad is not allowed to go further south that the fort tifth parallel of latitude. This Atlantic andv Pacihc railroad runs along the 35th parallel of latitude, so that it is kept some 3 or 400 miles from the Central Pacific railroad which is now being built under the control oi“ the Government. Therefore they will not be conflictin lines.
Mr. whLSON, of Iowa. I wish my col. league [Mr. Psios] would state to the House how much land per mile and how much in the aggregate this hi I rants.
Mr. PRICE. will answer my colleague [Mr. WILSON] by reading from the bill, which states that the company shall be allowed “ every alternate section of public land, not mineral. designated by odd numbers, to the amount 0 20 alternate sections permile, on each side of said railroad line, as said company may adopt, through the Territories of e U.S and 10 alternate sections of land permile on each side of said railroad whenever it passes through any State.” And as I said be fore, that is about as much as is granted to the Northern Pacific Railroad Company.
Mr. WILSON, of Iowa. I ask the gentleman to state in round numbers the number of acres of land that is given.
Mr. PRICE. I have as high respect for my colleague as I have for any gentleman upon this floor; and I will say now, for I may not have the opportunity again, that if I was delivering his eulogy I would say that he is a good lawyer and an honest man, and it is with great re et thatI ever differ with him.
Mr. I'ILSON, of Iowa. Of course, I am very glad to hear all that; but the gentleman does not answer my question.
Mr. PRICE. Before you can tell how much there is in anything you must know how wide it is and how long it is. Now, Ionly know how wide this roa is, but I do not know how long it is. Now I call the previous question.
Skip Skip The question was taken upon 2nding the call for the previous question; and upon a division there were ayes 52, noes 42. Before the result of the vote was announced, Mr. LAWRENCE, ofOhio, called for tellers. Tellers were ordered; and Mr. LAWRENCE, of Ohio, and Mr. PRICE were
Skip Skip The House divided appointed.; and the tellers reported ayes 57, noes 37. So
Skip Skip The previous question was 2nded. The main question was ordered; and under the operation thereof the bill was ordered to a thir reading and read the 3rd time. Mr. FINCIa. I call for the yeas&nays on the passage of the bill. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the affirmative yeas 60, nays 44, not voting 82;. So the bill was passed. Mr. VANHORN, of Missouri. mtRtv the bill was passed; and also moved that the motion to”reconsider be l.l(I on the table. agreed to. SUSPENSION OF JOINT RULE ‘1.
The SPEAKER. The Chair will have read 2 of the joint rules which it is the invariable practice to suspend during the last days of the session.
The Clerk read as follows: “16. No bill that shrill havepassedonellouso shall he sent for concurrence to the other on cither of the last 3 days of the session. "17. No bill or resolution that shall have passed the HoRep and the Senate shall be presented to the POTUS for his approbation. on the last day of the session."
Mr. KUYKENDALL. I ask unanimous consent to olfer the following resolution: Resolved.(the Sonuto concurring.) That the 6 itnegenth the arnedmsaeivnednetreoefnth the jopinret sreunletssebsessiounsp. endeddur
Mr. WENTWORTH. I object. There are bills in the Senate which I do not want to come here.
Mr. KUYKENDALL. I move that the rules be suspended, in order to allow me introduce the JtResolution. The motion to suspend the rules was agreed to; and the resolution was introduced and adopted.
PAYMENT OF ASSABSINATION REWARDS. The House, agreeably to order, resumed the consideration of the bill (H.R.No. 801) authorizin the payment of the rewards olfered by the POTUS and the officers of the War.Dept. in April and May, 1865, for the ca ture of JeffersonDavis and the assassins of telate President, Abra ham Lincoln, and the SecyState. Hon. William H. Seward. on which Mr. HOTEHKISS was entitled to the floor. The bill was read as follows: Be it enactedbythe Senlile and HoRep of the U.S.A. in Gangrenaeuscul bled.That there be paid. out. of any moneys in the Treasury not othorwue appro riuted. in satisfaction ofallclmms for the rewards o cred by the POTUSor by authority of the War Dept for the captureof the assassins of the late sesidciit. Abraham Lincoln and the SecyState. " Mr. DELANQ. I ask the Gentfrom "8“) B’emno D‘UkmSPHmmmmYShPrim" DH"! scabILA be Colnpimy Private Jnhn Lumnhere. NewYork to mid to me that I may other " for the capture of the assassins of the bu resident, couipany U; Private Gabriel bwaggart companyb; vale L; Private For the captureof Atgcmdt;, For the captureof Booth and Herold Riley SEC. 2. Abife: That the said several sums shall be aid to the several persons above named. respectively personally, or in case of their sdaemceeausned.toer the persons who would be entitled to the the bountylaws of the U.S. in case of a deceased soldier. 2 During the reading of the substitute,
Mr. STEVENS said: May I ask whether that is not the award of the War Dept commission?
Mr. DELANO. So far as it concerns the award for the capture of JeffersonDavis; the substitute is as reported from the ComClaims. It is just as reported by Judge Advocate General Holt. In reference to the awards for the arrest of Atzerodt, they are precisely as reported by Judge Holt. The changes in the bill from the ComClaims are in reference to the arrest of Booth and Herold. The reading of the substitute was then concluded.
Mr. DRIGGS. I ask to offer an amendment to the amendment.
Mr. HOT KISS. I am willing to let the amendment be submitted. 5;.
The Clerk read as follows: 5"Strike out the following: For the captureof Booth and Herold: For the captureof Booth andHerold:
Mr. DRIGGS. I do not want to see 2 or 3 men have $40,000 of the reward. At the suggestion of the Gentfrom Pennsylvania. I have added provisions for the 2 colored women. Jackson and Griffin. This man Baker is building a big hotel in my State with the money he has made off the Government, and yet it is proposed to pay him $17,500!
Mr. HOTCHKISS. Mr. Speaker, before the various amendments are discussed I will explain my position to the House in reporting the ending measure. The question of the distribution of these awards was referred to various committees in this House, and it was bandied about from committee to committee without action. It finally fell into the hands of the ComClaims. They were directed to make an investigation and to report to the House in what manner the rewards should be distributed. The duty was then do volved upon me by the committee. I have heard all the evidence in relation to the several awards, all that I have been able to procure froni the War Dept and elsewhere, and presented this report to the committee. I supposed it was satisfactory to the committee. I had no idea any member had any objection to it or any part of it. If I had I should not have reported it. It is a matter in which I have no personal feeling. It is merely my judgment from the investigation I have made of the evidence. It is news to me that any member here objected to it. I do not wish to be forced to have an issue between myself and the commission that reported this matter to the House, and which was unacceptable to the House. I do not wish to have an issue forced on me and be compelled to discuss it here. I am told that the previous question will be voted down in case that it is called now, and members advise me not to press it. I am at a loss to know what my duty in the premises is.
Skip Skip Mr. HOTCHKISS. ln deference to many members of the House, I will new demand the previous question. The previous question was 2nded and the main question ordered.
The SPEAKER stated the 1st question to be on the amendment offered by Mr. DRIGGS, which was the award of the War Dept.
Mr. HOTCHKISS. I understand the question now is on the amendment which looks mainl to the award for the capture of Booth and I erold. A MEMBER. That is all.
Mr. HOTEHKISS.Mr. Speaker, I am surprised at a remark made by the Gentfrom Michigan [Mr. Dniccs] when he offered his amendment that General Baker was new building a hotei somewhere.
Mr. DRIGGS. Well, that is so. [Laughtein]
Mr. HOT CHKISS. The gentleman says that is so. Then, that is the len th and breadth, I suppose, of his argument. as the gentleman taken any testimony in this case to determine who is entitled to the reward for then preheasion of Booth and Herold? Does he know anything about the case? And are, the circumstances, business, or private character of General Baker an element in this case?
Mr. STEVENS. Allow me to say that the evidence before the War Dept shows that Baker did not know anything about it.
Mr. SCHENCK. Will the Gentfrom NewYork [Mr. HOTGHKISS] yield to me for a moment?
Mr. SCHENCK. I would ask the gentleman upon what principle of calculation did the committee propose to give $17, 600 to General Baker.
Mr. HOTCHKISS. Upon the principle of giving him the same sum as would be given to anyone else for the same service.
Mr. SCHENCK. How in regard to Lieu tenant Colonel Conger? g
Mr. HOTCHKISS. By the principle that would governme if I was acting as a referee or judge, or was sitting as ajuror.
Mr. SCHENCK. Is there not, in the kin dred cases of distribution of prize money, a law which gives to the commander of an expedition, whether an admiral, captain, or commodore, whether accom)anyiu the expedition or not, one 20th of the who e prize money? Now, General Baker, who is said to have been the brains of the expedition, remained here in Washington all the time, is allowed $17, 500, which is nearl one 4th of the whole.
Mr. HOTE KISS. I am not a sailor nor the judge of a prize court, and I do not know anything about their rules, nor do I care anything about them. I judge of the merits of the case as it is presented to me.
Mr. SCHENCK. The gentleman will understand me. I desire to know what principle was adopted.
Mr. HOTCHKISS. The rule of merit; the same judgment I would pronounce had I been a referee or a judge or a jurymnn.
Mr. SCHENCh. I understand the gentleman to say the committee did not adopt any kindred s istem.
Mr. SCHENCK. They adopted an arbitrary system of their own.
Mr. HOTCHKISS. It is not arbitrary. An arbitrary rule is the will or fiat of the person who adopts the rule. This is a rule which grows out of the justice of the case. Why, sir, this military commission derived James R. O’Bcirne, the provost mars al of this District, who performed extraordinary and meritorious services, who tracked Booth and Herold through the swamps oflower Maryland, who tracked them to their hiding places in Virginia, and who would have on tnred them if this other expedition had not consent out. Colonel O’Beirne was deprived by this commission of all share in the reward.
Mr. SCHENCK. I ask the gentleman to yield to me. I am desirous of getting information.
Mr. HOTCHKISS. I do not yield further. I remember when I could not have a moment's time yielded to me by the gentleman, and when Isimply asked him a question. I remember the language used upon the occasion. George Cottingham, who is certified by the asst judge advocate as having performed as meritorious service as any man engaged in the expedition, with having furnished iim with evidence as the only man who adhered to him night and day, procuring witnesses and securing the conviction of the criminals. Yet this man, supported by the strongest testimony, is entirely ignored byt is commission. There are a number of like cases, but I will not fojlow them all up. Alexander Lovett, who is certified as having performed valuable and meritorious services, is also ignored by this commission.
Mr. O’NEILL. I should like to ask a question of the gentleman. If heis so convinced of Lieutenant Lovett’s finding out these men, and giving the information which led to the arrest of almost the Whole party, why has not he been recommended for more than $1,000?
Mr. HOTCHKISS. The committee have taken the responsibility to give him $1,000. The War Dept commission refused him anythin.Imust confess we have been some what in uenced by their judgment in this matter. An effort has been made to deny these men any reward whatever. If any gentleman wants to give these men more than we have reported l have no objection to it.
Mr. O'NEILL. One word more. I ask whether the gentleman will permit me to amend the bill so as to raise the amount of Lieutenant Lovctt to $1, 600.
Mr. HOTCHKISS. This subject has been before the committee for severalmonths. I believe it was referred to us in May last, and every man has had a full and fair opportunity to come before the committee and disclose all the facts within his knowledge. I have sent far and near to procure evidence.
Mr. O’NEILL. I understand there was a letter before the committee from General Au ur, commanding this dept, Lieutenant Lovett, and certifying thaitiidhoersihnag 1st found out where these parties had gone.
Mr. HOTCHKISS. The gentleman's affection for Lieutenant Lovett is a very sudden one. I have met the gentleman frequently, and supposed I was on reasonable, intimate terms with him, but never till now has he said a word upon the subject. It is easy enough where there are several 100 claimants here to exhaust one’s time and strength in explaining why he has done this or that in each individual case. The most I can say is, so far as I am concerned, I have done the best I knew how. If anybody else knows any better I hope he will undertake the task.
Mr. O’NEILL. I desire to state that I presented the claim of Lieutenant LUVett to the chairman of the ComClaims some 4188 GLQQE. That is no part of this case. weeks ago. I think the papers in the case were submitted through meto the committee. I wish l I had known that my friend was taking an interest in the matter. ‘
Mr. DRIGGS. Will the Gentfrom NewYork yield to me a few moments before he closes?
Mr. HOTCHKISS. I yield to the gentleman for 5 minutes.
Mr. DRIGGS. In regard to this report I have only to say that out of the $75,000 awarded to the captors of the assassins of President Lincoln
Mr. HOTCHKISS. The gentleman makes a mistake; the amount tobe distributed under the bill is $105,000.
Mr. DRlGGS. Out of the entire amount to be distributed, this report proposes to give $40,000 to 3 persons $17, 600 to General Baker, the same amount to Lieutenant Colonel Conger, and $5,000 to another person named Baker, a brother, I believc, of the general.
Mr. DRIGGS. Well, he isa relative stony rate. Now, Mr. Speaker, one word in reference to the “hotel.” I did not say that General Ba ker had not as good a right to build a hotel as any man; but I mentioned that incidentally to show that he had not suffered much pecun iarily by his connection with the War Dept.
Mr. HOTCHKISS. Will the gentleman allow me to say that, so far as General Baker is concerned, he never has received from this Government compensation in proportion to the services which he performed?
Mr. HO'I CHKISS. I want the House to take notice that the Gentfrom Michigan
Mr. Dmocs] has said thatimproper influences have been at work in this matter. It is a very singu lar remark for one Representative on this floor to make in regard to another.
Mr. DRIG IS. I disclaimed making any personal allusion.
Mr. HOTCHKISS. I shall not present the remark. I intend to prove to this House that I can stand here and ear such remarks without taking offense at them, particularly when they do not arouse either my resentment or my respect. But. let me say to the Gentfrom lichigan that such things ought to be avoided here. Until a man’s character here is proved to he untrustworthy no such intimations should be made upon this floor, be cause, unless we stop this sort of thing, we shall have repeated the scenes that have given us so much trouble during the last few weeks.
Mr. DRIG GS. I distinctly disavowed any personal allusion.
Mr. HOTCHKISS. Of course there is only one man whom he claims has been influence. The gentleman, I suppose, would ste up and wring aman’s nose, and then say that e meant no personal offense. I only desire to make one additional remark, and that is with reference to Lieutenant Baker. Lieutenant Baker guarded one side of this to bacco warehouse; and when Herold surrendered he took him prisoner, bound him, and guarded him. Not only that; in every part of this enterprise he performed his duty faithfully, while this Lieutenant Doherty lay under a shed in the neighborhood. That is the evidence. Yet in deference in part to popular clamor he must be allowed something. When you cannot do as you would. you must do as you must.
Mr. FARN 'WORTH. I thought the committee were nninflueuced by anything except the merits of the case.
Mr. HOTCHKISS. It is very embarrassing to any gentleman to be interrupted so frequently when on the floor; and Iwill nowyield or 5 minutes to the Gentfrom Michi gau [Mr. Tnowamnoa.
Mr. TROWBRIDGE.Mr. Speaker, I desire to a peal to the House not to adopt the award WIilCll has been made by the War Dept in this case. If that award should he adopted, manifest and great injustice would be done to the gentleman who commanded this expedition, Lieutenant Colonel Conger. As a lieutenant colonel of the volunteer army of the U.S. he wa. but in command of the expedition down the river on the Virginia side for the capture of Booth and Herold. He went to the commander of this dept and obtained a force of men under the command of a Lieutenant Doherty, but they were all put under the control of Lieutenant Colonel Conger; they were subject to his orders. He accom plished the purpose for which he was sent. Through his efforts Booth and Herold were discovered and taken. On his return to this city, some 3 or 4 days afterward, he received a muster out, dated anterior to the time when he started on the expedition. simply and solely because of the fact that his muster out untedated his performance of these services he is denied the 1st place in the award of the War Dept. By that award, Lieu tenant Doherty is placed at the head. Sir, I affirm here in my place that on the night of the capture, Lieutenant Colonel Conger put Lieutenant Doherty twice in a position of command. requiring certain duties of him, but afterward found that he had abandoned his 0st and left the premises, and then he ordere him to the rear, taking himself the personal command of the men.
Mr. FARNSWORTH. How much do they give Doherty for that?
Mr. TROWBRIDGE. Under the award of the War Dept he would receive $7.500, while Conger would receive only $4,000. I ask this House not to perpetrate such an injustice u, a brave, gallant, and true man. I know ieutenant Colonel Conger well. although he is no constituent of mine and lives in a distaut State. I ask that the mere fact of an an terior muster out, of which no one, exceptper haps somebody at the War Dept, knew anything until after the performance of this service, shall not be made a pretext for inflicting such an injustice as to deprive Lieutenant Colonel Conger of the honor and the compensation which he so well deserves. 'I ask the House to vote down the amendment of my colleague. I am sure if Icould read to him the proofs he would withdraw the proposition himself. As to the substitute of the Gentfrom Ohio. I have nothing to say.
Mr. STEVENS. The gentleman has 5 minutes left, and if he does not object, I should like to make a few remarks.
Mr. HOTCHKISS. I ield to the Gentfrom Pennsylvania the time I have left.
Mr. STEVENS. As there seems to be some difficulty in this matter in re and to the facts, it is right to know that the lI/ar Dept appointed a judicious man, Judge Holt, as careful and honest a man as ever lived, and Adjutant General Townsend to make this examination. They say they examined the whole matter with great care. They made a distri bution of the rewards and gave the grounds on which they made it. They are not arbitrar grounds. There are one or 2 particularsI should like to see otherwise in the substitute of the Gentfrom Ohio, [Mr. Dnnts'ofl but I am entirely opposed to the monstrous re. rt of the committee which is now before the house. It seems to be an outme on all jus tice and decency. That a man who did nothing should have $17, 500, while those who did the work should only get $1,000, is too mou strous. The gentleman says that if Mr. Baker, who remained here in town and issued his orders across the Potomac. had failed, the disaster would have been as terrible as if GenlGrant had been defeated. I do not see what the disaster was or what he had to lose. He had nothing to lose in this matter. He had not a great deal of character to lose before. I do not see what was the disaster which was tobefall him. He did nothing; he sat here; he risked nothing. He is awarded by the War Depamneut commission $3,000. I think he ought to be thankful that he gets anything. For the report of the War Dept commission, l thin it was excellent. I prefer the amendment of the Gentfrom Ohio, [.‘If. DELAXO;] but taking 2 chances, I say that I will vote 1st for the amendment of the Gentfrom Michigan, [Mr. Dnioos, ] an if that fails, for the substitute of the Gentfrom Ohio; and if that fails. l shall vote against the whole thing.
Mr. HOTEHKlSS. This report from the War dept is signed by General Town send and, not by Judge Holt. The report, in stead of being signed and coming sustained with the authority of Judge Holt, comes only under the authority of General Townsend. I do not see any ear marks of Judge Holt on it. The Gentfrom Pennsylvania says it is a most excellent report, but the 1st thing he does here is to attack it.
Mr. STEVENS. If the gentleman will refer to page 21 of the report he will see that Judge Holt does sign it.
Mr. HOTCHKISS. He may have had some hand in it.
Mr. STEVENS. It is a plain thing, I think.
Mr. HOTCHKISS. The 1st thing that the Gentfrom Pennsylvania does is to attack the report of this commission. He referred to the fact that the colored servant of Mrs. Surratt was excluded from any share in the reward. although she was the most meritorious person concerned in the arrest of the assassin of Mr. Seward. She lay upon the lloor feigning sleep, overheard the communications of these assas sins, one to the other. saw their transactions, and at the peril of her life disclosed them. Yet this commission refused to allow her a cent. I apprehend that the gentleman has been reading my report instead of that of the War Dept. [Laughten]
Mr. STEVENS. The amendment of the Gentfrom Michigan includes these 2 persons.
The SPEAKER. The hour has expired and debate is exhausted.
Skip Skip The question being taken on the amendment of Mr. Dlnons, it was disagreed to. The question recurred on the substitute of fered by Mr. Dsaas'o, and it was agreed toaycs 87; noes not counted. The bill, as amended, was ordered to he engrossed and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. TRIMBLE. I call for the yeas and uays on the passage. The yeas and nnys were not ordered. The bill was passed. Mr. DELAN mtRtv the bill was passed; upon the table. agreed to.
Mr. FARNSWORTH. I ask unanimous consent to introduce the following JtResolution: Be it resolved 6“ theSma'eand [louse(if Represent“ diver, That the unitsof Congressareherebygivol to Allen Pinkerton, for his servteesin detectingth’ conspiracy I0 1Liil$.“lhl Abraham Lincoln in Balti mnre, at the time of his prising throughthat city on his way to the c:i itnl to be inaugurated as POTUS in the spring of lbtil and PICVIJIJIJM its accomplishment.
Skip Skip MESSAGE. A message from the Senate, by Mr. FORNEY, its Secretary, announced to the house that the Senate had concurred with the House in the passage of the resolution suspending the 16th and 17th joint rules of the 2 Houses. The messagefurtherinformed the House that the Senate had passed the bill (H. It. No. 787) making appropriations for sundry civil expenses of the Cavernment for the year ending June 30, 1867, and for other purposes, with amendments, in which the concurrence of the House was requested. Also, that the Senate had passed an act S.No. 406) for the removal oFccrtain cases from State courts; in which the concurrence of the House was requested. Also, that the Senate had passed JtResolution (S.No.141) for the relief of, Donahue, Ryan & Secor, builders of the iron clad mon itor Comanche; in which the concurrence of the House was requested.
Mr. ANCONA. I call for the regular order.
The SPEAKER. The morning hour has commenced, and the regular order of business is the calling of the committees for reports, beginning with the Committee on Revolutionary Claims.
Mr. BlDWELL, from the ComAg, reported a JtResolution authoriznig the purchase of a certain collection or museum and the transfer of certain funds therefor by the ComrAg; which was read a 1st and 2nd time. the joiut resolution was read at length. It authorizes the ComrAg to purchase of Townsend Glover, entomologist of the Dept of Agriculture, his collection of natural history, of fruit, fungi, reptiles, insects, the at a sum not to exceed $10,000, if that amount can be spared from the appropriations heretofore made for that Dept. The question was upon ordering the JtResolution to be engrossed and read a 3rd time.
Mr. BIDWELL. Icall the previous question,
Skip Skip The previous question was 2nd c and the main question ordered.
Mr. BIDWELH. I ask that the Clerk read the letter which I now send to his desk.
The Clerk read as follows: WLSHHOTON, February 10, 1865. Dalia Sm: Durinirthe session of CongressoflSii SG. 2 appropriations Wero madefor agricultural purposes: one for $30,000a.nd the other for 875.000n.o will beseenby referenccto volume 2 of the blat ulos at Lur 0. pages14and 89. Iwas iit tint time ComrPatents, and had charge also of the Agricultural Dept.
Mr. Holloway. the presenteommissionero! Patents. wasthen chairmiine fths Committee on Agriculture in the HoRep. I was informed om various sourcesat the time, that nmong theitemsfor the 11 approprintions of that year wasan estimateof $10. for the purchaseof your specimensof fruits, with a view of haviuiirtheui permanentlyretained by the Government. As. however.this purpose did not an ar in the law itself. I had some Icruplo in raga to approprinting so much moneyfor that purpose.but. this scrnplr Wasremoved hya statementprepared and signedby ii majority of themembersof each branch of Congressto the effectthat such was their iiiten liou and theydciredto haveit. carried into effort. The contractwas accordinglyregarded ashaving beenclosed.but before the moneywaspaid and the transfer actually msdo.it was ascertained that so much of the appropriation had hcondcvotedto other purposesthat there was not sufficientremaining to make the payment to you. This is my best present recollectionin relation to thematter. I Yours truly, CHARLES MASON. Towxsrivn GLovnn. Esq.
Mr. BIDWELL. I might send to the Clerk’s desk to be read many other communications relating to this subject. But the letter which has been read is sufficient to show that there was at one time an appropriation made for this purpose. I would also say that this collection in the Dept of Agriculture is deemed to be one of great importance. It embraces many specimens of natural history of this country, and forms the foundation for a museum of natural history embracing specimens of the flora and fauna of this country, and more especially those things which relate nearly to agriculture. I believe there is now an implied contract on the part of the Government to purchase this collection of Mr. Glover, the price having been fixed at $10,000. Since that time the collection has been almost doubled in its proportions, and yet the committee propose that the same sum only shall be given for it now. I hope this JtResolution will be passed.
Mr. BROMWELL. Will the Gentfrom California [Mr. Binwsu.] yic d to me for a moment?
Mr. BItOMWELL. I do not know what this collection is worth in ine ne; butI am fully satisfied that it is just what tiis Government ought to have. I believe that the idea embodied in that collection ought to be fully car ried out. It embraces the classification of the ricultnral and mineral substances out of which many products of art are formed; also, the various insects which are inimical to the production of certain substances, as well as those which are beneficial or which are innoc uous. It also embraces the birds which prey upon certain insects which are injurious to fruits, and which are not; and these are so classified that any person going to that office, when the collection is complete, will find in regard to any)articular (product of agricult ure the entire history an uses of it; the substances in the raw state, as well as in the various stages in which they are worked up into fabrics and articles of use. There is to be found there all the information which pertains to that whole class of subjects, arranged in such a manner that any agricultural dept would, I think, be incomplete without it. This collection embraces such a numerous class of cases, not only of the productions of this country, but, to some extent, of the world, that the amount of information which can be obtained from that museum is of a value far beyond the price which it is now proposed to give forit. hope the JtResolution will pass.
Skip Skip The JtResolution was then orderengross and read a 3rd time; and bein engrossed it was accordingly read the thir time. Mr. BIDWELL. Icull the previous question on the passage of the JtResolution. The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was passed. Mr. LAWRENCE, of Ohio. mtRtv the JtResolution was passed. Mr. NICHOLSON. on the table. Mr. LAWRENCE, of Ohio. I call for the yeas&nays on that motion. The eas&nays were not ordered. Mr. AWRENCE, of Ohio. I call for tellers on ordering the yeas&nays. Tellers were not ordered. On the motion to lay on the table the mtRtv the JtResolution was passed there were ayes 55, noes 16; no uorum voting. The SPEAKER, under the rule, ordered telle‘rs and appointed Mr. Liwusmrs, of Ohio, Mr. Mounts. The House divided; and the tellers reported ayes 70, noes 26. So the motion to reconsider was laid on the table. TRADE WITH THE INDIAN TRIBES.
Mr. WINDOM, from the ComIndAffairs, reported back a bill (H.R.No. 610) in relation to trade and intercourse with the Indian tribes, with a recommendation that it do not ass. The bil was laid on the table. RELIEF OF CHIPI’EWA INDIANS, ETE.
Mr. WINDOM, from the ComIndAffairs, reported aJtResolution for the relief of certain Chippewa, Ottawa, and Pottawatomie Indians; which was read a 1st and 2nd time. The JtResolution provides that the SecyInterior aha I pay to the Chippewa, Ottawa, and Pottawatoinie Indians of Michigan, in pursuance of an agreement and comromise made with the Pottawatomie nation of Indians by treaty of 1846 with the U.S., $39,000, in full of all claims in favor of said Michigan Indians, either against the U.S or said nation of Indians, past, present or future, arising out of any treaty made with them or any band or confederation thereof; and the annuity now aid to them is to be restored and paid to sai nation for the future. This sum of $30,000 is to be paid out of funds now held by the U.S. in trust for said nation, drawing interest at the rate of 5%.; the payment to be made percapita directly to heads of familiese‘parents, or guardians of mine rs, as now requir by law in reference to the payment of annuities.
Mr. WIN DOM. I desire to say that this resolution grows out of a disagreement between certain tribes of Indians. A portion of the Ottawa and Pottawatomie Indians of Michigan removed to Kansas. There has always been a disagreement as to the amount due to those who remained behind. At the last session of Congress the Senate passed abill appropriating S50,000 for the Chippewas. This house passed a bill appro rioting a.somewhat larger sum. The Indians of each of those tribes have sent on their representatives here this Win ter; and as it is simply a controversy between themselves, they have agreed on this bill, and desire very much that it shall be passed.
Skip Skip The JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WINDOM mtRtv the Jtresolution was passed; on the table. agreed to. INDIAN TRIBES IN UTAH.
Mr. WINDOM, from the ComIndAffrs, reported back with amendments JtResolution H.R.No. 92, authorizing the SecyTreasury to pay certain claims out of the balance of an appropriation for the payment of necessary expenditures in the service of the U.S. for Indian tribes in the Territory of Utah.
Mr. WINDOM. I move to strike out the word “and, ” in line 6, and after the word “severe” to insert “Buchanan & Co.” The amendment was adopted.
Mr. WINDOM. I move in the 14th line to insert “ $710.” The amendment was agreed to.
Mr. WINDOM. I wish to say one word. An appropriation was made for the Indian service in Utah. The Dept thought all the just claims had been satisfied and the balance was transferred to the surplus fund. This is to provide that this balance may be again made available.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed it was accordingly road the 3rd time and passed. Mr. WINDOM mtRtv the bill was passed; upon the table. agreed to. MARTHA A. ESTILL, IOF CALIFORNIA.
Mr. WINDOM, from the same committee, reportedahill for the relicfof Martha A. Estill of California; which was read a 1st and secontime. The bill provides for the payment of $3,000, with interest at the rate 6%. perannum from the 1st of January, 1863, for beef furnished to the Indians by her husband under contract.
Mr. SPALDING. There is an interest account in the bill which ought to be explained.
Mr. WINDOM. I desire to say that in 1851 52 the Government appointed certain commissioners to make treaties with Indians in California, and one was this man McKee, who made this treaty with Estill. Those treaties provided that certain provisions should be furnished to the Indians. This beef was furnished at 8 cents peround. Congress heretofore has paid large bi ls at 15 cents perpound to Fremont and others for beef furnished from the same localities. The committee examined the subject thoroughly and came to the conclusion that the claim was a just one. Now, in reference to the interest account. It has been 14 years since this beef was furnished. The committee were satisfied that it was sold at a reasonable price, and they have provided that interest should be aid at the rate of 6%. perannum. Ifpthe House thinks it is not right it can be stricken out.
Skip Skip The motion was agreed to. The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. WINDOM mtRtv the bill was passed; and also moved that the motion to reconsider be laid on the table. agreed to. RICHARD CHENSRY.
Mr. WINDOM, from the same committee, reported back House bill No. 588, for the relief of Richard Chencry, with a recommendation that it do ass.
Mr. WRIGHT. I make the point of order that the bill makes an appropriation, and must, under the rules, have its 1st consideration in the ComWhole House on the Private Calendar.
The SPEAKER. The Chair sustains the point of order; and the bill accordingly will be referred to the ComWhole House on the Private Calendar. BENJAMIN HOLLIDAY.
Mr. WINDOM, from the same committee, reported back the amendment of the Senate to House JtResolution No. 103, to refer the etition of Benjamin Holliday to the Court of laims, with the recommendation that the Senate amendment be non-concurred in. The amendment of the Senate was to strike out the words “damages for change of route by military orders and;” so that the resolution would read: That somuchof the claim of Ben]aminHollidavol relatesto propertytaken by the military authorities and appropriated to the useof the'liovernment. be referredto the Court of Claims for adiustmont. The amendment was non-concurred in.
Mr. WINDOM moved that the House request a committee of conference. The motion was agreed to. SAMUEL STEVENS, A STOCKBRIDGE INDIAN.
Mr. WINDOM, from the same committee, reported back Senate bill No. 809, to authorize Samuel Stevens, a Stockhridge Indian, to enter and purchase a certain tract of land in the Stockbridge reservation, Wisconsin, with the recommendation that it do pass. The bill authorizes Samuel Stevens, 11Stock bridge. Indian. to enter and purchase the tract of land known as lot No. 126, in the Stockbridge reservation, in the county of Calumet, and State of Wisconsin, under the act to authorize the issuin of patents for certain lands in the town of ‘tockbridge, Wisconsin, and for other purposes, approved March 8, 1865. It also authorizes the ComrGLO, upon the entry and payment therefor, to cause a patent, in due form of law, to be accordingly issued to Samuel Stevens.
Mr. WINDOM. This bill is recommended by the Commissioner of Public Lands. The only question in reference to his right to preempt arises from the fact that his nameis upon the roll as one of the members of the tribe, whereas he is really a citizen.
Skip Skip The bill was ordered to a 3rd reading; and it was accordingly read the 3rd time and.passed. Mr. WINDOM mtRtv the bill was passed; upon the table. agreed to. JOHN '1‘.JONES.
Mr. CLARKE, of Kansas, from the ComIndAffrs, reported back Senate bill No. 1'22.for the relief of John T. Jones an Ottawa Indian, for depredations committed by white persons upon his property in Kansas erritory. The bill was read. It directs the payment of $6, 700 for depredations, that being the amount adjudged by the Commissioner to be the value of the property destroyed.
Mr. WRIGHT. I raise the point of order that this is an appropriation bill.
Mr. CLARKE, of Kansas. I ask the gentleman to listen to the reading of the report. The bill has passed the Senate on 3 different occasions; the facts are simple and the report is brief.
Mr. WRIGHT. I will hear it read, reserving my right to object. The report was read. It showed that the depredations were committed in August, 1856, In April, 1858, the SecyInterior ordered an investigation. A report was made in July, 1858. The testimony of loyal whites established the fact of the loss of the dwelling valued at $7,000, of gold and silver to the amount of $700, and of injury to business to the amount of $7,000, this being less than half the amount claimed.
Mr. WRIGHT. The report shows that this is one of those old claims that has been no less than 3 times before Congress. This loss occurred long ago, and if we are going to take up the border troubles of
The SPEAKER. Ifthe gentleman debates it he waives the point of order.
Mr. WRIGH. I was going to say that under these circumstances I must insist on my objection. I‘he SPEAKER. Then it must go to the ComWhole.
Mr. CLARKE, of Kansas. move to suspend the rules?
The SPEAKER. The Chair thinks it is, the ComIndAffrs having control of the morning hour.
Mr. CLARKE, of Kansas. I will not pressit. WYANDOTTE INDIA NS.
Mr. ROSS. On behalf of the ComIndAffrs. I move to discharge the ComWhole from the consideration of House bill No. 432, for the relief of the Wynn dotte tribe of Indians. This matter has been fully examined. It is a claim founded upon a treaty between the General Government and this tribe of Indians.
Mr. ROSS. N o, sir; it appears by the treaty that they were to invest a certain amount of mono in Government stock. Instead of doing that they invested it in Missouri and Tennessee State stocks which depreciated in value, so that when they came to receive their pay the stocks were sold, under protest, for what they would bring. This claim is for the difference Is it in order to Is that the between what they should have had and what they actually received under the treaty. A majority of the committee think they were en I titled to interest upon this claim, but there is none allowed in the bill. It has been reported upon favorably by 2 or 3 previous committees and has passed through the lowerHouse of congress once or twice.
Mr. VRIGHT. Do Iunderstand that these bonds were sold for less than par and now these Indians ask to be paid the difference between what they sold for and the par value of the securities?
Mr. WRIGHT. Well, you will have “’all street down on you by daylight tomorrow morning. ghaufiter.]
Mr. I OS. y the treaty stipulation the contract was to invest in Government securities. Instend of that they invested in State bonds of Missouri and Tennessee, and when payment became due the attorneys of the Indians received these bonds under protest and sold them for what they would bring. I havea report here, made in 1858, showing the amount due to these Indians.
Mr. TAYLOR, of NewYork. Were they bound to take them?
Mr. ROSS. They were not bound to take them, but the debt was due them and they took these obligations and sold them for what they would bring. The SecyInte rior and ComrIndAff have both reported favorabl upon this measure.
Mr. FARNSWORTH. Is the motion to discharge the ComWhole debatable?
The SPEAKER. It is not. The question being taken on the motion to discharge the ComWhole, there were ayes 29.
Mr. ROSS. I withdraw the motion. HISTORY OF THE REBELLION.
Mr. SCHENCK, from the ComMilAfInirs, reported back, with an amendment, a Jtresolution of the Senate NO. 86, to provi c for the publication of the official history of the rebellion. The JtResolution was read at length. The 1st section repeals the 'oiut resolution to provide for the printin of1 official reports of the armies of the U.S., approved May 19, 1864. The 2nd section authorizes the SecyWar to appoint a competent person to revise, arrange, and proare for publication the official documents relating to the rebellion and the o erations of the Army of the U.S., wh0 shall prepare a plan for said publication and estimates of the cost thereof, to be submitted to Congress at its next session. The 3rd section provides that the person whose appointment is hereby authorize shall receive a compensation for his services not to exceed $2, 500 perannum, to be paid monthly by the SecyTreasury out of any moneys in the Treasury not otherwise appropriated; provided, that said compensation shall not be paid for a longer perio than 2 years from and after the assnge of this resolution. The amendment of the committee was to strike out the word “revise” in the 2nd section.
Mr. JOHNSON. I notice that the SecyWar is authorized to appoint this historian. I would inquire if the SecyWar knows who are good historians and who are not. It strikes me that this is rather a strange proposition.
Mr. SCHENCK. The SecyWar is now authorized by law to publish these records at his discretion, and there is now being prepared an enormous record of about 30 vol umes. ThisJtResolution proposesto repeal the law 'ving him that authority, and to authorize iim to appoint some person to collate shall be his all the records, and to report at the next ses 1sion to Concress what should be published, if anything. Ine w call the previous question.
Skip Skip The previous question was 2nd and the l main question ordered; and under the operation thereof the JtResolution was read the 3rd time and passed. Mr. SCHEDCCK mtRtv the JtResolution was passed; on the table. agreed to. CHARLES M. BLAKE.
Mr. SCHENCK, from the ComMilAffrs, reported back Senate JtResolution No. 177, for the relief of Charles M. Blake, with a recommendation that it do pass. 4 The JtResolution was read at len h. It provides for the pament to Charles. Blake of an amount equa to the pay and allowances of a cha lain in the Army for one year, namely, $1,560, ess the amount which may have been paid him under aJtResolution for his relief, passed June 27, 1866.
Skip Skip The JtResolution was read the 3rd time and passed. Mr. SCHENCK mtRtv the Jtresolution was passed; and a so moved that the motion to reconsider he laid upon the table. agreed to. NATIONAL CEMETERIES.
Skip Skip The amendments were agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thi time and passed. Mr. SCHENCK mtRtv the bill was passed; on the table. agreed to. RBI)1llURSIZMENTOf COLORADO.
Mr. SCHENCK, from the ComMilAffrs, reported a JtResolution authorizing the SecyWar to settle with the Territory of Colorado for the militia of said Territory employed in the service of the U.S. in the years 180} and 1805; which was read a 1st and 2nd time. The resolution authorizes the SecyWar to settle with the proper authorities of the Territory of Colorado for the services of the 1st regiment of Colorado mounted militia, called into the service of the U.S. on the requisition of Colonel Thomas Moon light, in the ear 1865, and for the services of any other mi itia forces of said Territory which were employed in the service of the U.S. on the call of the Governor of the territory in the year 1864; allowing in such settlements all amounts paid by the TerritOry to those troops for pay, use 0 horses, clothing, and other proper allowances during the tilnB when they were actually in service; and the SecyWar is to report to Congress in geeember next the amount found to be justly no.
Skip Skip The JtResolution was orderengross and read a 3rd time; and engrossed, it was accordingly read the btchiinrg time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. agreed to. RELIEF OF ARMY OFFICERS.
Mr. SCHENCK, from the ComMilAffrs, reported aJtResolution for the relief of the officers of the 13th reg iment U.S. colored heavy artillery; which was read a 1st and 2nd time. The resolution authorizes and instruCts the proper accounting officers to pay to the officers of the regiment named the full pay and allow nnces of their several grades from the date on which they actually entered it on duty as officers of such regiment to the late from ‘which they have already been paid, deducting such amounts as they may have received as pay of enlisted men during the period named.
Skip Skip The Jtresolution was ordered to be engrosse and read a 3rd time; and bein engrossed, it was accordingly read the thi time and tossed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. agreed to. BBIVET APPOINTMENTS IN THE ARMY.
Mr. SCHENCK, from the ComMilAffrs, reported aJtResolution in relation to brevet appointments and commissions in the U.S. Army; which was read a 1st and 2nd time. the joii‘resolution, which was read at length, provides that hereafter every brevet appointment or oommissronconferred upon any officer of' the Army shall specify precisely the distinguished act of gallantry or meritorious conduct for which the some is conferred, and which is intended to be rewarded by such brevot rank; and that the annual Army Register shall here after have appended to the name of each officer who has beenor may be brevetted sud: particular statement of the not of gallantry or meritorious conduct for which the brevet was granted, and where and in what arm of the service or what dept the same was performed or rendered.
Skip Skip The JtResolution was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. agreed to. uocrou ALEXANDER nospait.
Mr. SCHENCK, from the ComMilAffrs, reported a JtResolution authorizing the SecyWar to contract with Dr. Alexander Dunbar; which was read, a 1st and 2nd time. The JtResolution, which was read at lcn th, authorizes and directs the SecyWar to contract on such terms as in his discretion he may think fair and reasonable with Dr. Alexander Dunbar for the use by the Government of his alleged discove of a mode of treatment of the diseases of the horse’s foot, and for his services for one year in instructin the farrieis of the Army in such treatment; the amount agreed upon to be paid out of the fund already appropriated for the purchase of' horses for the general support of the Army.
Skip Skip The Jtresolution was ordered to be engrosse and read a 3rd time; and bein engrossed, it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the JtResolution was passed; on the table. agreed to. slits. MARY PHELPS.
Mr. BINGHAM, from the ComMilAffrs. reported a Jtresolution to reimburse Mrs. Iary Phelps; which was read a 1st and 2nd time. The JtResolution appropriates $20,000 to reimburse Mrs. Mary Phelps for exitures made by her in raising and equipping troops for the U.S. during the late rebellion, and for expenses incurred in succoring wounded soldiers, the
Skip Skip Mr. BINGHAM demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was 0 ered to be engrossed and read a 3rd time: and being engrossed, it was accordingly read the 3rd time and passed. Mr. BlNGHAhI mtRtv the JtResolution was passed; upon the table. agreed to. EQUESTRIAN STATUE or GENERAL scorn.
Mr. BINGHAM, from the same reported a JtResolution for the ceoremcmtioitnteeo; an equestrian statue to the memory of Brcvet Lieutenant General Winfield Scott; which was read a 1st and 2nd time, The JtResolution oppro riates $20,000 to H. K. Brown, of Newburg, NewYork, for an wuestrian staute of Brerct Lieutenant General infield Scott, to be cast of guns captured in Mexico and to be erected at WestPoint.
Skip Skip Mr. DINGHAM demanded the previous question. The previous question was 2nded and the main question ordered. The Jtresolution was ordered to be engrosse and read a 3rd time and bein engrossed, it was accordingly read the thi time and passed. Mr. Bl GHAM mtRtv the JtResolution was passed; I on the table. agreed to. ADVERSE BEI'OL‘Til.
Mr. KETCHAM, from the ComMilAffrs, made adverse reports in the following cases; which were laid on the table: The memorial of Edwin B. Waggoner, of Richland county, Wisconsin, late lieutenant and prisoner at Andersonville, praying compensation for his services; The petition of Edmund F. Jenkins for pay | as 2nd lieutenant from the date of his commission until the date of discharge; The petition of D. W. Wallingt'ord, late 2nd lieutenant 15th Kansas cavalry volunteers, for compensation for services rendered as an officer, or which he was not paid; and The petition of W. F. Scott, late adjutant 4th Iowa cavalry, for the difference between the pay of sergeant major and adjutant pre vious to his master; also for the 3 months’ extra pay proper.
Mr. ANCONA. from the ComMilAffrs, made adverse reports in the followmg cases; which were laid on the table: The etition of H. B. placey. late brevet major U.S. volunteers, for relief for losses of property and vouchers taken and destroyed, without fault or negligence on his part; The petition of J. B. Allen, late lieutenant and quartermaster 7 t 2nd Pennsylvania volunteers, for relie from responsibility for certain money accounts lost during the Antietam campaign; The petition of Henry C. Pearson, 1st lieu tenant 21st regiment Pennsylvania vol unteer cavalry. for compensation for loss of a horse and'equipments; and The memorial of Brevet. Major General John B. Sanborn in favor of soldiers in southwest Missouri who furnished their private horses in the campaign of 1864.
Mr. ANCONA also reported adversely on the followin resolution and bills of the House; which were aid on the table: A resolution instructing the ComMilAffrs to inquire into the expedienc of reporting an amendment to the actof March8, 1849, providing payment for horses and equipments of officers lost by accident beyond the control of the owner, resulting from the management of railroad transportation, while in the service of the U.S.; A bill (H.R.No. 542 to allow the extension of th e wharf at Stouis; A bill (H.R.No. 751) for the relief of Henry 0. Pearson; and A bill (H.R.No. 752) for the relief of Sam nel J. Green, late lieutenant 3rd Pennsylvania volunteer cavalry. CIVIL APPROPHIATION BILL.
The SPEAKER's table the amendments of the Senate to the civil appropriation bill. The motion was agreed to.
Mr. STEVENS. I move that they be referred to the ComAppropriat.
Skip Skip Mr. STEVENS demanded the previous question. The previous question was 2nded and the main question ordered.
Mr. WILSON, of Iowa.Mr. Speaker. I desire to say that my object in offering this amendment to the motion of the Gentfrom Pennsylvania [Mr. S'rnvnxs] is to place the subject of the equalization of the bounties of the soldiers in such posmon as to force the Senate to some action on it. the House has passed the bill embodied in my amendment, but I fear it Will not‘pass the other House during this session; an I want to put. the subject in such shape as to compel action by both Houses. We ought not to adjourn Without ado ting some just system of equalization of soltiers bounties. If my amendment should be adopted, and the Senate should refuse to concur. the subject can then go to a committee of conference where it can be so disposed of as to secure an agreement between the 2 Houses and do justice to those who fought our homes. We ought not to delay this matter, and I hope the adoption of my amendment will securu speedy action.
Skip Skip The question being taken on the amendment of Mr. VILSON, of Iowa, to add that the committee be instructed to report the amendment, it was agreed to ayes U'J. noes 27. The motion, as amended, was then agreed to. Mr. WILSON, of Iowa, mtRtv the motion, as amended, was agreed to; on the table. FENIAN PRISONERS IN CANADA.
The SPEAKER laid before the House the following message from the POTUS: To the HoRep: In answer to 2 resolutions of the HoRep of the 23d instant, in the following words, respectively “Rflmlflt'd, That the HoRepro spectfullyrequestthe President oft 0 U.S. to urgeupon the Canadian authorities and also the British Government the relcascof the Fenian pris onersrecentlycapturedin Canada." “Ifcfilolned.I‘hat ihlfidiOllSOrespectfully requestthe President to causethe prosecutionsinstituted in the U.S. courtsagninst the Fenians to be discontinued.if compatiblewith the public interest"I transmit a report on the subject from the SecyState, together, with the docu ments which accompany it. ANDREWJOHNSON. Wssiiixorou, July 26, 1866.
Mr. BANKS. I move that the papers be printed and referred to the ComForAffairs. The motion was agreed to. NEUTRAL RELATIONS OF THE U.S.
Mr. BANKS. I move to amend the 1st section by inserting after the word “ fine, ” in the 10th line, the words “ not exceeding $2,000, ” and after the word “imprisonment, the words “not exceeding 2 years.”
Mr. JENCKES. The uniform rule in the statutes of the U.S. is $3,000 and 3 years. There is a number of these statutes punishing olfenses, and I hope the gentleman will accept the amendment.
Mr. BANKS. I propose to change it in this instance. '
Mr. JENCKES. It would be in conformity to the statutes to make it read, “by fine not oxeeedin $3,000 and imprisonment not exceeding t iree years, either or both, at the discretion of the court.” ‘0‘.
Mr. BANKS. I also move to amend the by inserting after the words “ be magma” the words “not exceeding $1,000, ” and after the words “and imprisonment” the words “not exceeding 2 years.”
Mr. BANKS. I also move to amend the 3rd section by inserting after the words "and shall upon conviction thereof be punished by fine" the words “not exceeding $3,000, ” and after the word “imprisonment, ” the words “not exceeding 3 years."
Mr. JENCKES. I would suggest that this 3rd section be further amended by adding to the closing words of the section, namely, “shall be forfeited, ” the words “to the U.S.A.;” so that the forfeiture shall go entirely to the Government.
Mr. JENCKES. I desire to call attention to another amendment, which I think should be made in the 6th section. That section now reads: That the district courts shall take cognizanceof complaints. by whomsoever instituted. in casesof capturesmadewithin thowateis of the U.S or within a marine league of the coasts or shores thereof. I think it should be amended by inserting after the word “complaints” the words “ informations, indictments, or other proceedings.”
Mr. JENCKES. And section tea, I think, should be amended. That section now reads: That nothingin this act shall be so construed as to prohibit citizens of the U.S.fromsellingves sels. Ships or steamers built within the limits thereof or materials or munitions the growth or product of the sumo. To inhabitants of other countries or to COv crnmentsnotutwarwith the U.S.: Provided, That theo cratinnof thisactshall be suspended when everthe U.S shall beengagedin war. I think the word “munitions” should be stricken out and the word “articles” inserted.
Mr. BANKS. Insert the word “articlesH after the word “ materials.”
Mr. JENCKES. I think the proviso in this section should be amended. I move to amend the proviso so that it shall read: That the operation of this sectionpf this act may be suspended by the POTUS in regard to a] classesof purchaseswhenever the U.S shall be engagedin war or whenever the continuance 9feign nation may in hfrisieJunddglymroenlat trieoqnusirweith any for it.
Mr. JENCKES. I have an amendment to suggest to section 11, which now reads: That nothing in the foregoing act shall be construed to preventthe prosecution or punishmentof treason or any piracy defined by the laws of the U.S. I move to insert after the word “piracy” the words “or other felon.” If the Gentfrom Massachusetts [hIiz BANKS] Will look into the Constitution of the U.S. he will find that the power to pass this bill is derived from the power given to Congress to define and punish piracies and felonies on the high seas. And felonies on the shores of the high seas have been declared to be punishable.
Mr. BANKS. I will not object to the amendment.
Mr. SCHENCK. I desire to call the attention of the Gentfrom Massachusetts [Mr. BANKS] to the twelfth section, which now reads: That all acts and parts of acts inconsistentwith the provisionsof this act are herebyrepealed. I would inquire of the gentleman if he regards this section as sufficiently specific. There may be provisions not inconsistent with this act a plying to other conditions of circumstances, wIiich ought also to be repealed. Ought there not to be a specific repeal of the present exist in nentralit laws, naming them particularly?
Mr. BAN S. The committee iad supposed that this section was sufficiently specific. But I will not objcct to an proposition the Gentfrom 0 i0 [Mr. censor] may submit.
Mr. SCHENCK. I think there should be a specific repeal of all former neutrality laws.
Mr. BINGHAM. Ihope that will not be donent this time, because there may be some important provisions of the neutrality laws to which the attention of the committee has not been called, and which may be very important to the interests of the Government.
Mr. SCI IENCK. Under the terms of this act, all the provisions of our present neutrality laws which are not inconsistent with this act, but 0 beyond it, will stand.
Mr. CONKLING. It strikes me that there is something in the objection suggested by the Gentfrom Ohio, [Mr. SCHEXCK;] and with the consent of the Gentfrom Massachusetts, [Mr. BANKS] [will movcto amend by inserting after the word “ acts, ” in the next to the last line, the words “ or inflicting any further or other penalty or forfeiture than hereinbefore provides.”
Skip Skip The amendment was agreed to. '7”
Mr. STEVENS. I ask the gentleman to yield to me for a moment.
Mr. STEVENS. I no erstood the gentleman to say that, as amended, the bill gave the whole forleiture to the U.S. Is that one of the amendments which has been adopted by the House?
Mr. BANKS. The amendment has been ado ted by the House. Iii: ST WENS. Then I do not think there will ever be a prosecution. I suppose that is the object of it.
The SPEAKER. A Jtresolution or a bill cannot be amended y substituting a concurrent resolution for it, for the 2 are inconous. Gn
Mr. RAYMOND. I understand that the bill is before the House for consideration.
Mr. RAYMOND. My proposition is to substitute a JtResolution for it.
The SPEAKER. The resolution reported by the minority of the ComForAffrs is a concurrent resolution.
Mr. RAYMOND. I move, then, to amend the bill by striking out all after the enacting clause and inserting the following: That ajointeommittoe ofthroemembers of the Senate and 6 membersoftho HoRep be appointedto rowsethe severalstatutesntle cting the neutral relations of the people of the U.S.with those of other nations and to consider and report what legislation is necessaryto secureto the peopleof the U.S.the rights enioyedby other nations: to securothe largestliberty of intercourseand trade consistentwith permanentpeace, and to harmonizethe statutesof the U.S. upon this subjectwith. those of other nations, and with the progressivespirit of the age.
The SPEAKER. The motion to amend is not now in order, pending the motion to recommit.
Mr. BANKS. I will withdraw the motion to recommit, in order to allow my colleague on the committee [Mr. RAYMOND] to offer the amendment he proposes.
Mr. RAYMO D. I now move the amendment I have indicated.
Mr. BANKS. I now renew the motion to race it, and will yield to the Gentfrom ndiana, [Mr. On'rn.]
Mr. SCHENCK. Before the Gentfrom Indiana [Mr. Onm] rocceds. rise to a question of order. As understand the amendment of the Gentfrom NewYork, [Mr. Ruiiosn] it would require, if adopted, the assent of the President to the appointment of a JtCommee of the Senate and HoRep.
The SPEAKER. What is the point of order which the gentleman makes?
Mr. SCHENCK. My point of order is, that it is not competent to put into the shape of a law requiring the signature of the President the appointment of a JtCommee of the 2 Ifouses.
The SPEAKER. Resolutions appointin JtCommees are not necessarily requir to be sent to the President for his signature. But if Congress should consider the subject important enough they could send a resolution of that kind to the President. It may be an argument against the adoption of a JtResolution that it requires the President to approve the appointment of aJtCommee of congress; but it is notn oint of order. The constitution reads as fol ows: " Every order resolution or vote to which theo one currenceof the Senate and HoRep may be necessary (except on u. question of ndjoum rnentl shall be presented to the POTUS antf before the same shall take effect shall, be approvedby him." the This clause has been construed so as not to require the signature of the President for simple concurrent. resolutions of the 2 Houses. at if Congress should see fit they could send a resolution appointing a JtCommee to the President for his signature.
Mr. BAN liMr. Speaker, I yield to the Gentfrom New ransom]
Mr. BANKS. I now yield to the Gentfrom NewYork. [Mr. CO.'KLING.]
Mr. JBNCKES. I ask the Gentfrom Massachusetts whether the law now reported is not substantially the original neutrality law of the U.S., the 1st one ever adopted by any nation?
Mr. BANKS. The bill reported, I will say, in answer to the inquiry of the Gentfrom RhdIsland, is identical wit: that adopted during Washington's administration, and from which we have since departed.
Mr. JENCKES. I ask whether that portion of the neutralit laws complained of recently was not adopte at the request of the Portu gese and Spanish Governments.
Mr. BANKS. such is theimpression made by the history of the times.
Mr. JENCKES. Iask further, whether in the Russell and Adams correspondence the whole history of these neutrality laws has not been exposed.‘
Mr. PAINE. The 10th section of the bill proposes to permit citizens of the U.S. to sell vessels and steamers to foreign Govem ments. The chairman of the committee has in formed the House that the reason for this provision was that an impression had prevailed that such sales were prohibited and punisha ble. Accordingly, it is here provided " that nothing in this act shall be so construed as to prohibit citizens of the U.S. from regs selling vessels, ships, or steamers built within the limits thereof, or materials or munitions the growth or product. of the same, to inhabitants of other countries or to Governments not at war with the U.S.; provided that the operation of this act shall be suspended whenever the U.S shall be engaged in war.” Now, Mr. Speaker, I wish to call “the attention of the chairman of the committee to this. Will not these same prohibitions which he imagines exist in other laws still exist even though this section shall be passed? Will it. not, therefore, be necessary, in order to carry out the object lie proposes, to provide that this should not he prohibited either by this act or any other act. I suggest, therefore, to amend so as to have it read “ that nothing in this act or in any other existing law shall be so construed, ” the
Mr. BANKS. I have no objection to the amendment suggested by the Gentfrom Wisconsin, to a d after the words “this act” the words “or any other act.” The amendment was a reed to.
Mr. BANKS. I now emand the previous question.
Mr. BANKS. I desire to say a few words. I will not tres pass long for I wish a vote before the recess to dh. The proosition of the gentfrom NewYork [ll Mr. RAYMOND] was carefully considered by the gentlemen coin posing the ComForAffrs, and upon a call of the roll of the committee it was disapproved by them with the exception of himself and the Gentfrom NewHampshire, [Min Ps'r'rnnsox] It was the judgment of the committee that this question be met now and that it should not be postponed; thatboth the committee and the House would be in a condition to pass final judgment upon the subject. Therefore, I trust, whatever that judgment may be, we shall not consent to a postponement, but approve or disapprove of the bill according to the judgment oi the House. Let me here say a word in reply to the sug estion of the Gentfrom NewHampshire {ML PATTERSON] that this bill had not been read in committee. The gentleman did not honor us with his attendance except at the last moment of our deliberations upon the subject. We had given many hours of careful consideration to the subject for several weeks past.
Mr. PATTERSON. I would say to the gentleman that to the best of my knowled eIhave i been absent from but one meeting. was obsent one week, and if this matter was brought up at any time in the committee it must have beenthen.
Mr. PATTERSON. Does the gentleman want a repl to his question?
Mr. BANYKS. I the gentleman is able to give it, I should be lad to hear it.
Mr. PATTERSON. I am as heartilyin sympathy with the cause of liberty in this country or in the Old World as the gentleman himself can be. If the gentleman refers to Ireland, as he undoubted] oes, let me say to him that to that country owe my origin, and I am as deeply interested in its liberty as he can be. My op position to this billis because it is being pushe too rapidly through this House when great interests of the country are involved in its passage. That is the only objection I have made to the passage of this bill; no other objection whatever.
Mr. BANKS. The gentleman says he owes his origin to Ireland. Alll can say is that his op position to this bill does his origin no credit.
Mr. PATTERSON. I do not ask the Gentfrom Massachusetts [Mr. BANKS] to help preserve the credit of my origin.
Mr. BANKS. But the gentleman hasnot an swered my question. I ask him again whether he supposes, ifhe should go to the people of newHampshire and ask them whether the time had come when we should strike from our statute bouks restrictions and prohibitions upon our power and prosperity, which were placed there at the dictation of foreign nations, they would say that it was not yet time. Sir, I do not believe there is one son of NewHampshire who would not say that this istbe time, or who would say that any higher talent is required in determining this question than the spirit of jus tice which lills the hearts of the people. int it is in necessary to debate this question further. ‘fhc proposition submitted by the committee is, that we shall return to the statutes and policy of the age of Washington. Our purpose is to strike from our statutes unusual and unjust restrictions and prohibitions upon the privileges of our citizens and upon the power of our country which now stand upon our statute books, but which are to be found upon the statute books of no othernation upon the face of the earth. The bill we propose gives to the Government of the U.S. power to maintain our relations of neutrality with other nations, and at the same time relieves our citizens from restrictions and prohibitions that no considerations of fidelity or justice to other nations can justify.
Skip Skip The question was taken upon the amendment of MnqiAYllOND, and it was rejected. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. Mr. RANDALL, of Pennsylvania. I call foi 1 the yeas&nays on the passage of the bi. The yeas&nays were ordered. The question was taken; and it was decided in the allirmutive yeas 123, nays 0, not voting 64; So the bill was passed. During the roll call the following announce ments were made: Mr. ANCONA. I wish to state that my colleague, Mr. Dawson, is absent and is paired generally with Mr. Amount, of Ohio. Mr. DAWES. My colleague. Mr. Wasn nmm, is necessarily absent, and is paired upon this vote, as also upon the admission of Tennessee, with the Gentfrom Kentucky, Mr. Guinea. Mr. HOTCHKISS. My colleague, Mr. DE MAS Housman is absent on account of sickness. If he were here I have no doubt he would vote for this bill. Mr. WARD. The Gentfrom Maryland, Mr. J. L. Tnoxss is sick. If he were here he would vote for this bill. Mr. NEWELL. The Gentfrom NewYork, Mr. MARVIN, is absent. If he were present he would vote “ay.” Mr. KASSON. The Gentfrom NewYork, Mr. DARLING, has gone home in consequence of sickness in his family. If he were here he would vote "ay." Mr. TAYLOR, of NewYork. My colleaguel, Messrs. Humrnnur and POMEROY, are both absent, and on general questions are paired. If they were here I presume they would both vote for this bill. When the call of the roll had been concluded, The SPEAKER, directing his name to be called, voted “ny.” The result was then announced as above stated. Mr. BANKS mtRtv the bill was passed; on the table. agreed to. PUBLIC PRINTING.
Mr. LAFLIN.Mr. Speaker, I do not wish to detain the House a single moment in the discussion of this bill. It has been submitted to the JtCom on Public Printing, and meets their approval. It is also approved by the Superintendent of Public Printing.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingl read the 3rd time and passed. Mr. LA ‘LIN mtRtv the bill was passed; on the table. agreed to. ADVERSE REPORTS.
Mr. HOGAN. The Committee of Wu s and Means, to whom was referred a bill (. R. No. 324) entitled “An act for the relief of John M. Avery, ” have directed me to report adversely upon it, and to move that the committee be discharged from its further consideration, the purpose sought having been accom plished by other means. The motion was agreed to; and the bill was laid upon the table.
Mr. HOGAN. I am also directed to report back, with a similar recoinmendation, the hill (H.R.No. 323) to amend an not entitled “An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, ” approve June 30 1864. The bill was laid' on the table. TARIFF BILL.
Mr. GARFIELD. I submit the following report from a committee of conference.
The Clerk read as follows: The committee of conferenceon the disagreeing votesof the 2 Houseson the amendmentsto the bill (U. R. No.780) to protect the revenue and for other purposes.having met, after full and free conference have agreedto recommend and do recommend.to their respectiveHousesasfollows: That the llouse recede from their disagreementin the 2nd, 3rd. 4th, 5th. 6th, and 7th amendmentsof the Senate, and agreeto the same. That the Senate recedefrom their 8th amnd ment. That the Houserecodufrom their disagreement to the 1st amendment of the Senate and agree to the same with the followmg umendment: in line “in; pagp I of the engrossedplll, strike out “82 50" in ieu thereofinscrt “ 3 dollars.” That the House recede from their disagreementto the 9th amendmentof the Senate and agreeto the same with the follorfing amendments:in him 2 of saidamendmentstrike out the words“ anddirected.” and in line 3.alter the words "collection in.” insert the words“any of;" and the Senateasrce to the Bme J.V. P. FESSENDEN. J. M. HOWARD. B. HENDERSON. Managersonthepar! of Illa Serials. JAMES A. GARFIELD. JOHN HOGAN, Managerson the part of the house.
Mr. GARFlELD. Most of the amendments are verbal. 3 of them make an addition to the bill by which trade betiveen our own Government and the republic of Mexico is granted the same privileges and put upon the same footingas the trade with our northern nci hbors. '1 he 3 leading points of difference between the House and the Senate are in reference to the 2nd, 9th, and 13th sections. On the 2nd section, relating to cigars, the committee effected a compromise which will be satisfactory, I think, to both Houses. The House is asked to agree to the Senate amendment in consideration of raising the duty on cigars from 2 dollars and a half to 3 dollars. The 9th section provides that in deter mining the dutiahle value of imported merchan dise, there shall be added to the cost, or to the actual wholesale price or general market value at the time of exportation in the principal mar kets of the country from whence the same shall have been imported into the U.S., the cost of transportation, shipment, and tranship ment, with ail the expenses included from the place of growth, production, or manufacture, whether by land or water, to the vessel in which shipment is made to the U.S., &c. The committee on the phrt of the House made an earnest effort to save the section, but we were reminded that it passed the House only by the casting vote of
The SPEAKER, and that it was rejected by a nearly unanimous vote in the Senate. The Senate committee believed that it would be impossible to carry it through the Senate. The Senate recede from its disagreement to the 13th section, which establilshes:1 Bureau of Statistics in the Treasury Dept. Though I greatly regret the loss of the 9th section, I hope the report will be adopted as the best that is likely to be secured at this late ei iod of the session. '
Mr. MO RHEAD. I rise for the purpose offipposin the adoption of this report. 1'.GA FIELD. I will give the gentleman 2 minutes; I cannot give him more, for the House must take its recess in 5 minutes from this time.
Mr. MOORHEAD. The 9th section is the vitallpart of this bill. Without the 9th section would not give a straw for the bill. If we strike that out, therefore, there is no use in the bill at all. It provides for levying duty on the article when put on ship board, and is a feeble approach to the principle of Mr. Clay of having a home valuation. It is a feeble effort, but it is an effort in the right direction. I do not see why the House should back down and yield to the Senate. It is said that it interferes with the manufacture of coarse wools in NewEngland.
Mr. GARFIELD. I cannot yield any further, as it is near the hour of recess. There is much in the bill besides the 9th section that ought to be saved, and I hope we shall not lose all in the effort to save a part ‘
Mr. MOORHEAD. I hope the House will vote this re.ort down.
Skip Skip Mr. GARFIELD demanded the previous question.
The previous question was 2nded and the main question ordered. Mr.qllIOORHEAD demanded the yeas and na'ylhlse. yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 49, nays 55, not voting 82; So the report of the committee of conference was rejecte. During the vote, the hour of half past 4 having arrived, the question was raised, and
The SPEAKER decided that when a call of the roll had been commenced it could not be interrupted until it had been concluded. And then; agreeably to the order of the Heuse, at 4 o’clock and 40 minutes p. m., the House took a recess till 7 o’clock p. m. EVENING SESSION. The hour of half past 7 o’clock p. in. having arrived, the House resumed its session. BRANCH MINT 1N MONTANA.
Mr. McLAIN presented the memorial of the Legislature of the Territory of Montana for the establishment of a branch mint in the Territory of Montana; which was referred to the ComWays&Means and ordered to be printed. SOUTHERN BOUNDARY OF MONTANA.
Mr. McLAIN also presented the memorial of the Legislature of the territory of Montana for the alteration and extension of the southern boundary line of Montana; which was referred to the ComTerritor and orderedlto be printed. PROTECTION OF THE REVENUE.
Mr. MOORHEAD. I rise to a privileged motion. I‘move that the House still further insist upon its disagreement to the amendments of the Senate to House bill No. 780, to protect the revenue, and for other purposes, and that the House ask for another committee of conference; and upon that I call the previous question.
Mr. WENTWORTH. Will the gentleman withdraw his call for the previous question while I ask a question of the Chair?
Mr. WENTWORTH. I desire to ask the Chair this question: if the House shall insist upon its non-concurrence in the amendments of the Senate, and we send the bill back there notifying the Senate of our non-concurrence, will not the responsibility of defeating the bill, if it should be defeated, then rest upon the Senate? I understand it will. Now, every body knows that the Senate dare not defeat this bill. I believe if we insist upon our non-concurrence in the amendments of the Senate, and do not ask for another committee of conference, the Senate will either ask for a committee of conference themselves or they will recede from their amendments. There are 2 positions for us to take; and I think our 1st position should be to notify the Senate that we do not agree to the report of the committee of conference, and there leave the matter; and leave them to take the next stop. And then the responsibility of defeating this bill, if it is defeated, will rest upon that body.
Mr. DAWES. I do not see how the respon sibility will be with the Senate any more than with this body.
Mr. GARFIELD. Especially as this is a House bill.
Mr. DAWES. If the bill is defeated, I think the country will understand who is responsible for it, without any ruling of the Chair upon the subject.
Mr. WENTWORTH. I would ask the Gentfrom Massachusetts
Mr. Dswss] what he understands to be the ifference between the 2 Houses.
Mr. DAWES. I understand the difference to be that one House wants the 9th section, and the other does not. ‘
Mr. WENTWORTH. Ifthe Gentfrom Massachusetts will ive me his attention for a few moments, I will tell him what I think the issue is. As to the 9th section, Iam willing to vote for the bill with or without the 9th section; I believe I have already voted for the bill both wa s.
Mr. DAl ES. I also am willing to vote for the bill with or without the 9th section.
Mr. whENTWORTH. As I understand it, the isssue is this: the House wants the wool tariff to be collected upon principles which should aply to all articles ii on which there is a tariff. lint I understand there is a class of men represented in the Senate who want every thing else protected but wool. Now if that is the case, 'want to say here that I am not for any such compromise, I will go for the bill with or without the 9th section; but I do not. feel 1that it is just longer to discriminate against woo.
Mr. DAWES. I do not understand the opposition to the bill, either with or without the 9th section, to be discriminating against wool. I heard the Gentfrom Illinois [Mr. Wrmirwoivrii] proposelast night to emancipate the wool growers ffom the wool manufacturers. It occurred to me that if he should succeed in doing so he would he in acurious position. I want to know if he supposes the wool growers can get along without the wool manufacturers, or the wool manufacturers without the wool gi owers. The one is the breath, the atmosphere, of the other; neither can live without the other. And when my friend emaiincipats the wool growers from the wool menu actnrers he will be about in the position of the darkey who proposed to keep store when everybody else in the world was dead. [Laughten] New, I suggest to him that the only way is to take care of them both. And when he proposes to frame a tariff bill in such a way that the wool mann facturer cannot live, in order to protect the wool grower, he is at a kind of work I cannot understand; I do not know how he will do it. I suggest to him that the only way is for the 2 to go hand in hand. Let the wool manufactnrer use what the wool grower produces, and let the wool grower produce what the wool manufacturer Wants to use.
Mr. WENTWORTH. M idea is this: that the wool manufacturer cap, it to give us the protection on our wool which we ourselves ask, and that when you come to the protection of the manufacturers, they shall dictate their own terms. But when they try high duties for themselves and low duties for us, then I say it is time that we should emancipate ourselves. That is what I mean. J. SAUNDERS AND W. H. HALL.
Mr. RANDALL, of Pennsylvania, by unan imous consent, submitted the followmg resolution; which was read, conSidered, and agreed to: Resolved.That James Saunders and william Henry Hall be placed upon the roll and paid out of the contingent and thesame compensation as other laborers of the House from the period at which they were employed, and until otherwise ordered.
Mr. RANDALL, of Pennsylvania; mtRtv the resolution was agreed to; on the table. agreed to. ACCOUNTSOF GEORGE N. CARLTON.
Mr. HOOI’ER, of Massachusetts, submitted the following report: The Committee on Bankimrand Currency.to whom wasreferred thereportpf the evidenceobtainedby H. A. Risley. Superintending special agent of the treesuryDept.to investigatethe accountsand offioial transactionsof GeorgeW. Carlton. late special agent and acting surveyor of customsat emphis. onnessee and designateda depositary of public money.report that therehasnot beentime for a full investigation of the subicct; and they submit to the Housethe accompanyingpaperswhichtarnish all the information obtained by the committee, with the request hat they be printed as part of this report. The report with the accompanying papers was laid on the table and ordered to be printed: EXAMINATION of IMPORTED MERCHANDISE.
Mr. ELIOT submitted the following report: The committee of conference on the disagreeing votesof the 2 Houses on the bill of the SenateNo. 39 entitled “An act to amend the nets relating to officers employed in the examination of imported merchandisein the district of NewYork, " after full and freeconference have agreed to recommend and do recommend.to their respectiveHousesasfollows: That the Senate agree to the 1st. 2nd, 3rd. 4th. 5th, and 8th amendments.asmadeby the House. That the Senate agree to the 9th amendment madeby the House with the following amendment: Insert.after the word “ inspectors" in the 2nd line of said amendment.the words of customsin any collection district shall, " and that the House agree to said amendment. That the Houserecedefrom the6th and 7th amendmentsmadeby them. Tlaat the dqill lag amended by adding thereto the wor s “an are or purposes." Z. CH ANDLER, E. D. MORGAN EORGE RED Managers RIDDLE. onthepart of the Senate. THOMAS D. ELIOT. CHARLES O‘NEILL. WILLIAM RADFORI) Managersonthepart of the house. The report was agreed to.
Mr. ELIOT mtRtv the report was agreed to; on the table. agreed to. ; I LAND GRANT RAILROAD IN OREGON.
Mr. McltUER. I ask unanimous consent to report from the ComPubLands Senate bill NO. 62, entitled “An act to amend an act entitled ‘An act granting lands to the State of Oregon to aid in the construction of a military road from Eugene City to the eastern boundary of said State.’ ”
Mr. ALLEY. Let the bill be read. The bill, which was read, provides that an act grantin lands to Oregon, to aid in the construction of a military road from Eugene City to the eastern boundary of the State, beamended as follows: That therebe, and is hereby.grantedbysaid State, for the purposesaforesaid.suchodd sectionsor parts ofodd sections.not reservedor otherwiselegally appropriated.within 6 mileson each side of said road, to bra selectebdy thesurveyor generalof said State, as shall be sufficient to supply any deficiencyin the quantity of said grant as described, occasioned by any lands soldor reserved, or to which the rights of re'cmption or homestead have attached, or which or any reasonwerenot subjectto said grant within the limits disicnated in said act.
Mr. McltUER. I think the gentleman Wlll not persist in his objection when he hears a brief explanation. [here is no grant of land in this bill. By the previous legislation of Congress there was a grant of 3 sections permile to aid in the construction of a Military road. This merely provides that where the land cannot be foun within 3 miles of the road, the company may go 3 miles further.
Mr. ALLEY. I must object. The objection was subsequently withdrawn, when
Mr. SPALDING renewed the objection. Laws 11.FIX.
Mr. SHELLABARGER. I ask unanimous consent to introduce a JtResolution for the relief of Lewis F. Fix. The JtResolution, which was read for information, proposes to direct the accounting oficers of the U.S. to pay to Lewis F. Fix, of Ohio, the pay and emo uments of a lieutenant colonel o infantry for services as an officer of that rank, from March 1, 1865, to July 29, 1865.
Mr. SHELLABARGER. This bill is for the relief of a loyal German, who went to' the war and was wounded so severely that he could no longer discharge his duties in line. He was appointed by Governor Fletcher, of Missouri, to the position indicated in the resolution; and in that on acity he served several months on the staff of) General Dodge, of Missouri. The appointment, being made by a Governor, was technically not legal. But the services were rendered; they are recognized by the Government of the U.S. as proper to be paid; and the only reason why they are not paid is the technicaIdefect in the appointment. The claim has been before the ComMilAffrs, and is approved by that commit tee, who are preare to report in its favor but I have thong t it. best to introduce the milthis evening.
Mr. VANAERNAM asked and obtained leave to withdraw from the files of the House the papers of Charles Youley, an applicant for a pension. TAXATION OF U.S. OFFICERS.
Mr. ANCONA. I ask unanimous consent to report from the ComMilAffr, for action at the present time, Jtresolution (H.R.No. 155) to prevent tafurther enforcement of the JtResolution No. 77, aproved July 4 1864, against officers and sol Qgiers of the U.S. who have been honorably discharged, so as to relieve them from the further payment of the special 5%. income tax iin osed thereby.
Mr. HOQPEB, of Massachusetts. I object. CLERK OF COMCOMMERCE.
Mr. O’NEILL, by unanimous consent, introduced the followmg resolution; which was referred, under the rule, to the Committee of Accounts: HI no/vfld, That the compensation of the clerk of the ComCommerce be fixed at the same rateasthat of the clerk to the comPubLands. to commence from the 1st dayof the present session of Congress. REBECCA J. SHEPPARD.
Mr. GARFIELD. I ask unanimous consent to introduce a bill for the relief of Rebecca J. Slie)pard.
Mr. WARD. I object. PROTECTION OF THE REVENUE AGAIN.
Mr. MOORHEAD. I now renew my motion that the House insist on its disagreement to the amendments of the Senate to the bill (H.R.No. 780) entitled “An act to protect the revenue, and for other purposes, ” and ask for another committee of conference. On that motion I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion of Mr. MOORHEAD was agreed to. Mr. MOORHEAD mtRtv the motion was agreed to; on the table. agreed to. SUFFERERS BY PORTLAND FIRE.
Mr. ALLISON, from the ComWays&Means, reported back, with an amendment, JtResolution (S.No.131) for the temporary relief of the sufferers by the late fire in Port land, in the State of Maine. The amendment, which was read, was to strike out in line 7 the word “or” and insert “and.” p
Skip Skip The amendment was agreed to. The bill, as amended, was ordered to a 3rd reading, read the 3rd time, and passed. RELIEF OF DRAFTED MEN.
Mr. ANCONA. I ask unanimous consent to report from the ComMilAffrs:1bill for the relief of certain drafted men.
Mr. CONKLING. Let it be reported. The bill, which was read, proposes to direct the SecyWar to refund $1300to each person who paid that amount as commutation under the calls of the POTUS of February 1, 1864, and March 14, 1864, and was again drafted under the call of December 19, 1864, and required to enter the service or furnish a substitute. It is provided that the total payments under this authority shall not exceed the sum of $00,000. The 2nd section prooses to require the SecyWar to re an from the commutation money an amount not exceeding $300 to each person drafted during the late war who furnished a substitute or paid commutation money when he was not legally liable to draft or was right fully exempt from personal service under the decisions and rules of the War The provisions of the act are to app Dept. y only to claims received at the War Dept prior to its passe e. '
Mr. WAI D. I desire to inquire how much money this will take.
Mr. ANCONA. It is provided in the bill that the amount shall not exceed $00,000.
Mr. WARD. Has not this or asimilar bill been reported to the House?
Mr. WARD. It looks to me like an old acquaintance. It seems to be one of the claims presented to the ComClaims, and which were rejected by them. In the opinion of the committee, it would be dangerous to establish this class of claims.
Mr. ANCONA. The gentleman is mistaken as to the character of this bill.
Mr. WRIGHT. If this bill is to pass this House or this Congress, it is because it is inst l and well founded on a correct principle; but to declare that all who have made this payment shall have refunded to them $300 each, and yet that the whole sum to be distributed shall not exceed the amount here prescribed renders the law nugntory and void. If there are more claimants than the fund will justify in making payment to, the question will naturally arise on the part of the proper officer of the Government, who shall be paid and who shall remain an aid?
Skip Skip Mr. ANCONA. I demand the previous question.Mr. HARDING, of Illinois. I make the oiiit of order that this is an appropriation liill, and under the rules must. have its 1st consideration in the ComWhole. The SPEAKER. It is now too late to make the oint. It should have been made when the bill was 1st considered. The House divided: and there were ayes 30, noes 60; no quorum voting.Mr. ANCONA demanded tellers. Tellerswere ordered; and Mr. AXCOXA and Mr. TAYLOR of NewYork, were a pointe. The House again divided; an the tellers re iorted ayes 30, noes not counted. lMr. ANCONA withdrew the call for the division, and also withdrew the bill. WIDOWS of REVOLUTIONARY SOLDIERS.
Mr. PRICE. I ask unanimous consentto report from the ComRevPensions a JtResolution iroviding that the pension of widows of revolutionary soldie whose names are now on the pension roll, shad who were married to revolutionary soldiers prior to January 1, 1800, shall be increasedto the same rate that the deceased soldiers would be entitled to under existing laws, if now living, such increase to be paid from the 30th of Sep tember, 1865.
Skip Skip There was no objectioa, and the JtResolution was receive and read a 1st and 2nd time. The JtResolution was then orderengross and read a 3rd time; and being engrossed; it wasaccordingly read the 3rd time and passed. Mr. PRICE mtRtv the JtResolution was passed; upon the table. agreed to. ROBERT BALDWIN.
Mr. DRIGGS. I ask unanimous consent to report back from the ComPubLands House bill NO. 693, for the relief of Robert Baldwin. It is merely in reference to a land warrant lost through the mails.
Skip Skip The bill was reeeive'd, orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thi time and passed. Mr. DRIGGS mtRtv the bill was passed; upon the table. agreed to. The House then proceeded to the regular order, being business on The SPEAKER’s table. WEARING OF SHEATH KNIVES. The 1st busmess in order on
The Clerk read The SPEAKER‘s table was Senate bill No. 334. to prevent the wearingof sheath knives by American seamen; which was read a 1st and 2nd time. The bill provides that the existing regulation for the government of the Navy of the U.S., prohibiting the wearin of sheath knives on shipboard, shall be extended and made applicable to all seamen in the merchant service; and that it shall be the dot of the master or other officer in command 0 any ship or vessel registered, enrolled, or licensed under the laws of the U.S., and of the owner or other person entering into contract for the employment of a seaman or other subordinate upon any such ship or vessel, to inform every person offering to ship himself of the provisions of this law and to re nire his compliance there with. under a pena ty of 50 dollars for each omission. to be sued for and recovered in the name of the U.S., under the direction of the SecyTreasury, 1/2 for the benefit of the informer and the other half for the benefit of the fund for the relief of sick and disabled seamen.
Skip Skip Mr. ELIOT demanded the previous question. The previous question was 2nded and the main question ordered; and under the 0 cration thereof the JtResolution was or cred to a 3rd reading, read the 3rd time, and passed. Mr. ELIOT mtRtv the JtResolution was passed; on the table. agreed to. NCAROLINA COLLECTION DISTRICT. The next business on
The SPEAKER's table was Senate bill No. 809, relative to a collection district in NCarolina; which was read a 1st and 2nd time.
Mr. ELIOT moved that it be referred to the ComCommerce. The motion was agreed to. R. P. PAItllOTT. The next business on The SPEAKER’s table was Senate bill No. 445, for the relief of It. I). Parrott; which was read a 1st and 2nd time.
Mr. WRIGHT. I make the point of order that the bill must have its 1st consideration in the ComWhole; that it cannot now be considered without reference.
Skip Skip Mr. LAWREXCE, of Ohio, moved that the bill be referred to the ComClaims. The motion was agreed to. Mr. CONKLING mtRtv the bill was referred; on the table. agreed to. SBAMEN. The next business on
The Clerk read The SPEAKER’s table was Senate bill No. 419, to repeal an not entitled “An act repealing certain provisions of law concerning scamen on board of public and private vessels of the U.S., " approved June 28, 1864; which was read a 1st and 2nd time.
Skip Skip Mr. ELIOT moved that the bill be referred to the ComCommerce. The motion was agreed to. Mr. CONKLING mtRtv the bilPwas referred; and also timed to lay that motion on the table. agreed to. BNBOLLED BILLS ANDJtResolutionS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found trul enrolled bills and JtResolutions of the following titles; when The SPEAKER signed the same: An act (S.No.20) granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast; An act (S.No.214) to incor orate the general Hospital of the DistCol; An act (S.No.309) to authorize Samuel Stevens. 1: Stockbridge Indian to enter and purchase a certain tract of Inn in the Stock ridge reservation, Wisconsin;JtResolution $ 8. R. No. 86) to provide for the publication of the Official Historyof the Rebellion; andJtResolution (S.R.No. 117) for the relief of Charles M. Blake. GEORGE W. FISH. The nextbusiness on The SPEAKER’s table was Senate bill No. 446, for the reliefof George W. fish; which was read a 1st and 2nd time.
Mr. ROSS raised the pointthat the bill made an appropriation, and moved that itbe referred to the ComClaims.
Skip Skip The motion was agreed to. Mr. CONKLING mtRtv the bill was referred; upon the table. agreed. STOCKTON AND COPPBROPOLIS RAILROAD. The next business on
The Clerk read The SPEAKER’s table was Senate bill NO. 244, granting lands to aidin the construction of a railroad from the city ofStock ton to the town of Copperopolis. in the State of California; which was read a 1st and 2nd time.
Mr. HIGBY. I ask that the bill be read, as I propose to put it on its passage.
Mr. WILSON. ofIowaa I suggest to the gen Gentfrom California that this bill should be referred to one of the standin committees. It is one of the most remarkable railroad bills ever presented to this House. The 1st section provides for the creation of a corporation.
Mr. HIGBY. Ifgentlemcu will wait the bill will be fully explained. The Gentfrom NewYork, [Mr. HOLMES] a member of the ComPubLands, will offer amend merits which I think will obviate all objections to the bill. It has been submitted to a majority of the ComPubLands, although there has been no regular session of the committee, the bill not having been referred to them, and it has met with their approval.
Mr. ROSS. I ask the gentleman to let me move a postponement of this bill till next De cember.
Mr. HIGBY. pose. I cannot yield for that purpose
Mr. CONKLING. May I inquire whether these amendments have been printed?
Mr. HIGBY. I have but a few words to say upon this subject. As I stated in the outset, the bill has been made to conform almo precisely to the Folsom and Placerville railroad bill which passed t‘ House the other day, with the exception that there is only 1/2 of the land granted in this bill that was granted in that. All the guards and restrictions of that bill have been placed upon this by the amendments which have been read.
Mr. DAWES. Is this the other half of the lands they did not take last night?
Mr. DAWES. Let us know where the other half goes.
Mr. HIGBY. For the 1st 20 miles of the read they can get 1/2 the land within the width granted, and on the other 20 miles they can get 2/3rds or 3 quarters. But I will not occupy the time of the House further, and unless some one desires to ask a question, I will call the Iprevious question.
Mr. CONKLING. will inquire whether there is any reason for pressing the passage of this bill now. '
Mr. HIGBY. Simply this reason: this bill come from the Senate yesterda and, for the sake of having it passed now, fluid the comPubLands take the bill that eased the other day, and conform this bill to it precisely, with the exception that this bill gives only 1/2 the amount of land.
Mr. CONKLING. I understand there has been no meeting of that committee, but that a majority of the individual members of the committee concur in the amendments.
Mr. HIGBY. The gentleman [Mr. Houses] says he has consulted a ma'ority of the members of the committee, on that they concur in the amendments
Mr. CONKLING. But that is not a parliamentary or competent committee for that purpose. I wish to say that I would vote for a bill of this sort upon the statement of my colleague, who olfere these amendments, [Mr. HoLiiEs, ] as soon as I would vote for any such bill under circumstances like those, where I have not had an Opportunity to examine it myself. Knowing him, as I do, I take his statement and assurance upon this subject as the highest evidence that the bill is a proper one, without an opportunity myself to examine it, or having him and his committee examine it with more delib eration; and yet I submit to the gentleman that a bill of this magnitude ought not to pass in this way, at this stage of the session, the amendments never having been printed, we never having had an opportunity to see them, and when nothing will c lost by havin the bill passed over, the amendments printe, exnm inedandreportedu on, anddeliberatelypassed, if passed at all. do not want to interfere with the bill, but I appeal to the gentleman to allow somebody not inimical to the bill to move that it be postponed until the next session that we may consider it with some deliberation. I think I am not mistaken that the temper of the House is not favorable to passing the bill in this way, upon mnnuscri tnnd unprinted copy; and if the gentleman wi lullow me I will make the motion.
Mr. HIGBY. The gentleman can make the motion after I yield the floor.
Mr. CONKLING. I cannot do it if the gentleman demands the previous question.
Mr. HIGBY. I call the previous question.
Mr. CONKLING. Then I move to lay the bill upon the table in order to take the sense of the House.
Skip Skip Mr. HIGBY demanded the yeas&nays, and tellers on the yeas&nays. Tellers were refused. The yeas&nays were refused. The motion was then agreed to. Mr. CONKLING mtRtv the bill was laid on the table; on the table. agreed to. SanFranCISCO AND HUMBOLDT BAY RAILROAD. The next business upon
The SPEAKER’s table was the amendment reported from the comPubLands to the bill of the senate No. 133, granting lands to aid in the construction of a railroad and telegraph line from the waters of the bay of SanFrancisco to Hum boldt bay, in the State of California; from the consideration of which bill the ComPubLands had been discharged, and the bill and amendment ordered to lie on the table. The amendments were read.
Mr. CONKLING. I ask the gentleman to allow me to make a remark.
Mr. CONKLING. I wish to say a word about this bill, without the slightest reference to its merits. This maybe a very proper grant, the purpose to be attained may lie of infinite importance or absolutely necassary and I make no issue upon that but I submit to the House, as I did in regard to the other bill, that at this stage of the session the proosition to pass such a bill is not fortunate. the substitute offered has not been printed, and we cannot seo and examine it at all; and without its bein printed we cannot comprehend the mag nitude of this proposition. hat is it? It is to grant a State a State nearly as large as Massachusetts for the purpose of constructing a railroad. It grants 20 square miles of land for every square mile of the road, as I make it, which amounts to 5,000 square miles, a State almost as large as the State of Massachusetts, which I believe contains 6,000 and some 100 s uare miles. Now, consider the magnitu e of that proposition, and then think of our sitting here the last night but one of the session and, without the bill being printed, and under the operation of the previous question, without the opportunity afforded of eliberate consideration of this measure, passing upon a bill of the magnitude of this. As I said before, it is an ungrncious thing to interpose, and I do notintend my interference to he special in the case of land grants to this particu or State; but I say with regard to all measures as important as this, which come here in the form of hills which have not been printed, that they may be passed over without arm to anybody; and Is all raise my voice, feeble as it may be, against any final action at this st of the session. All I ask of the gentleman is to allow me, or somebody not in hostility to the bill, to make a motion that it be postponed until next session.
Mr. McRUElt. I must take the sense of the House on 2nd in the demand for the previous question; but before doing so I wish to say one word in reply to the Gentfrom NewYork. He objects because the amendment has not been printed. Sir, it is not usual to have amendments brought in by committees printed. This bill has been upon the files of the House for 5 months. It ins been considered by the appropriate committee, and unanimously reporter by them with a recommendation that it do pass. It has received ample and full consideration, and this House is usually governed by the recommendation of its standing committees in matters of this sort. It is not presumed that one member in ten is going to investigate thoroughly for himself all the conditions of these railroad nts. Every amendment proposed to this bill by the ComPublic Lands is of a restrictive character. They compel the grantees to net in good faith, and to construct this road with all reasonable degree of rapidity or they lose their franchise and it reverts to the Government. But I am consuming too much of the time of the House, and I beg leave to move the previous question, which I will consider a test.vote upon the passage of this bill. If the previous question is not. sustained I will move to recommit.
Mr. CONKLING. Iunderstood the gentleman to say he would allow me to move to postpone it.
Mr. CONKLING. Oh, no; not by any means. Why not postpone it until next session?
Mr. MeRUER. I call the previous question and hope it will be 2nded.
Skip Skip The previous question was not 2nded, only 21 voting in favor thereof.
Mr. Me UER. I move to recommit the bill to the ComPubLands, and that the same be printed.
Mr. JOHNSO. That is a breach of the understanding, as I understood it, and therefore I move to lay the bill on the table.
Mr. McRUER. My motion is to recommit to the ComPubLands, with instructions to report at the next session.
Mr. CONKLING. No, sir' that is substantially iving the sanction of the House to the bill. T move to postpone the bill until the 1st Tuesday in December next. The motion of Mr. CONKLING wasagreed to.
Mr. CONKLING mtRtv the bill was postponed; on the table. agreed to.
Mr. ALLEY. I now ask unanimous consent to take the other bill, the Copperopolis railroad bill, from the table and make the same disposition of that.
Mr. RANDALL, of Pennsylvania, objected. THE TAX BILL.
Mr. GARFIELD, by unanimous reported from the Committee of Wacyosnseannta Means a bill to amend an act to amend an not entitled “ An act to provide internalrevenue to support the Government, to pay the interest on the public debt, and for other purposes, approved June 30, 1864, ” approved reh 3, 1865. The bill, which was read, amends the 13th section of said act by strikin out the words “without having 1st obtainc a license so to do” and inserting in lieu thereof the words “ without paying a special tax therefor.” The bill was read a 1st and 2nd time by its title.
Skip Skip Mr. GARFIELD moved the previous question. The previous question was 2nded; and under teoperation thereof the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time and passed. Mr. GARFIELD mtRtv the bill was passed; on the table. agreed to. RAILROAD GRANTSTOARKANSAS AND MISSOURI. The next business upon
The Clerk read The SPEAKER’s table was the amendments reported from the ComPubLands, and laid on the Speaker’s table, to an act (S.No.223) to revive an extend the provisions of an act granting the right of way and making a rant of land to the States of Arkansas and L issouri to aid in the construction of a railroad from a oiut upon the Mississippi, opposite the niouti of the Ohio river, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Missouri river, approved February 9, 1853, and for other purposes. The amendments were read.
Mr. ECKLEY. I desire to havethe amendments acted. on and the bill put upon its pas su e, and I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereofth'e amendments were ndopte, the bill, as amended, orderengross and read a 3rd time; and being engrossed, the bill was accordin I read the 3rd time and passed.Mr. ECKL Y mtRtv the bill was passed; upon the table. agreed to. REMOVAL OF CAUSES FROM STATE COURTS. The next business in order on
The SPEAKER’s table was Senate bill No. 406, for the removal of causes in certain cases from State courts; which was read a 1st and 2nd time.
Mr. GARFIELD. I move to refer that to the ComJudiciary.
Mr. BOUTWELL. This bill as not been into the hands of the ComJudiciary of the House, but I have taken pains to examine it and I do not see any objection to it. The reason for its passage is this: in many of the southern States persons who pretend that wrongs have been perpetrated upon them by citizens of States recently in rebellion, in order to obtain judgment against those citizens join a citizen of the State where the plaintiff resides with the citizen of another State, and the citizen of the other State is compelled to try his cause in the State courts of the State recently in rebellion, and is subject to their authority and will in a matter affecting his rights. Now, the object of the bill is and the result of it will be, as I understand, that a citizen of NewYork who may be joined by a plaintifiin SCarolina with a citizen of SCarolina for the purpose of compellin the NewYork man to try is cause in SCarolina may transfer the cause, so far as he is concerned, to the U.S. courts, leaving the defendant in SCarolina to make his defense in the courts of that State.
Mr. TRIMBLE. I would inquire of the Gentfrom Massachusetts if this bill is not broad enough in its provisions to carry from the State courts to the U.S. courts every cause between 2 citizens of a State where either one of them has a partner living in another State.
Mr. BOUTWELL. It does not affect the right of citizens defendant of the same State with the plaintiff. If the interest of the defendant who is not a citizen of the State in which the suit is brought cannot be separated distinctly from the interests of the defendant who is a citizen of the State in which the suit is brought, then the proceedings must go into the State courts; but if the interest of the de, fendant who is not a citizen of the State can be separated, then he has the right to have it so arated
Mr. TRIMBLE. It seems to me this bill is overturning the principles of law that have existed from the foundation of the Government.
Mr. BOUTWELL. It does not change the rights of citizens of the same State at all. The rights of the defendant who is a citizen of the same State must be adjudicated in the courts of the State. Only the rights of the defendant who is not a citizen of the same State can be adjudicated in the courts of the U.S. when they are capable, in the judgment of the U.S. court, of being separated, so that there can be an independent Judgment upon them.
Mr. TRIMBLE. I understand the law now to be that ii. citizen of another State has aright to carry his cause from the State court to the U.S. court Wherfle is either a plain tiff or defendant.
Mr. BOUTWELL. Not if he be joined as a codefendant with a citizen of the State in which the suit is brought.
Mr. TRIMBLE. Ifhe is joined as acode fendant and is alike responsible as a codefendant, does not this bill carry the cause from the State court to the U.S. court?
Mr. BOUTWELL. Only so far as in the judgment of the court his rights can be separated and adjudicated as distinguished from the rights of his codefendant.
Mr. TRIMBLE. I fear that this bill goes further than that.
Skip Skip Mr. BOUTWELL. I demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time.Mr. BOUTWELL. I demand the previous question on the passage. The previous question was 2nded and the main question ordered.Mr. I‘ltIMBLE. I call for the yeas and nnys on the passage. The yeas&nays were ordered. The question being taken on the passage of the bill, it was decided in the affirmativeyeas 80, iiuys 30, not voting 76; So the bill was passed.Mr. BOUTWELL mtRtv the bill was passed; on the table. agreed to. DONOHUB, RYAN AND SECOR. The last business on The SPEAKER's table was Senate bill No. 141. for the relief of Donohuc, Ryan A? Secor; which was read a 1st and 2nd time.
Mr. GARFIELD. I raise the point oforder that this contains an appropriation.
The SPEAKER. The point being made, it must go to the ComWhole.
Mr. WILSON, of Iowa. I think this ought to go to the ComClaims.
Mr. BIDWELL. It has been to the committee of Claims.
Skip Skip The bill was accordingly referred to the ComWhole. Mr. Wl LSON, of Iowa, mtRtv the bill was referred to the ComWhole; on the table. agreed to.
The SPEAKER. stated as the next business in order the callin fcommittees for reports, as in the morning our. commencing with the ComMilAffrs. LEWIS I". FIX.
Mr. SCHENCK, from the ComMilAffrs, reported a JtResolution for the relief of Lewis ‘erdinsnd Fix; which was read a 1st and 2nd time. The bill was read in full. It directs the proper accounting officer to pay to the claim not the pay and emoluments of lieutenant colonel of infantry from March 1, 1865, to July 29, 1865.
Mr. CONKLING. Does not.this contain an appropriation?
Mr. SCHENCK. It is accompanied by a report explaining the reasons, which I will have read if anyone desires it. If not I will demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the‘operation there of the bill was orderengross and read a 3rd time and bein" engro'sed, it was accordingly read the 3rd time and passed. Mr. SCHENCK mtRtv the bill was passed; upon the table. agreed to.
Mr. SCOFIELD. I move that the House adjourn.
Mr. SCHENCK. Oh, no; allow the Military Committee 20 minutes.
Mr. SCOFIELD. I withdraw, with the understanding that the gentleman gets throughin 15 minutes. BOUNTIES of VETERAN SOLDIERS. On motion of Mr. SCHENCK, the ComMilAffuirs were discharged from the further consideration of bill of the House No. 622, to provide for computing the bounties of veteran soldiers, so as to protect the rights of such; and the same was laid on the table. BAILROADS THROUGH MILITARY RESERVATIONS. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of the JtResolution of the House No. 183, concerning the right of way of railroad companies through military reservations, and for other purposes; and the same was laid on the table. EDWARD QUILL. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of the petition of Edward Quill, an old soldier; and the same was laid on the table. PAY DEPT OF THE ARMY. On motion of Mr. SCHENCK, the ComMilAffrs were discharged from the further consideration of the hill of the House No. 128, concerning the pay dept of the U.S. Army; and the same was laid on the table.
Skip Skip PETITIONS AND RESOLUTIONS TABLED. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of sundry petitions and resolutions that had been referred to them; and the some were laid on the table. EAST TENNESSEE CLAIMS. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of House bill No. 686, to establish a commission for the settlement of claims against the Government of the U.S. held by loyal citizens of East Tennessee; and the same was referred to the ComClaims. MICHIGAN MILITIA. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of the bill of the House No. 672, for the relief of certain companies of Michigan militia; and the same was referred to the Committe of Claims. QUARTERMASTER’S DEPT. On motion of Mr. SCHENCK, the ComMilAffrs were also discharged from the further consideration of the petition of messengers in the quartermaster’s dept for increase of pay; and the same.was referred to the ComWays&Means. DRAFTED MEN.
Mr. ANCONA, from the ComMilAffrs, reported a bill for the relief of certain drafted men; which was read a 1st and 2nd time.
Mr. WARD. Does not that bill contain an appropriation?
Mr. ANCONA. I propose to amend the bill by striking out the last proviso.
Mr. WAR D. I ask the Chair to state whether this bill contains an a ipropriation.
The SPEAKER. he bill reads, “ and there is hereby appropriated out of any money in the Treasury not otherwise appropriated.” The bill does contain an appropriation.
Skip Skip Mr. WARD. Then I insist that, under the rule, the bill shall go to the ComWhole. The hill was accordingly referred to the ComWhole. Mr. WRIGHT mtRtv the bill was referred; on the table. agreed to. JOHN W. TAYLOR.
Mr. ANCONA, from the ComMilAffrs, reported a bill for the relief of John W. Taylor; which was read a 1st and 2nd time. The bill was read at length. It directs the proper accounting officers of the Government to pay to John W. Taylor, late sergeant of company F, 27th regiment Kentucky infant, a sum as] to the pay of a sergeant from The 30th: tBJnne, 1863, to the Slst of January, 1864, in full of all claims for military services. The question was upon ordering the bill to be engrossed and rea a 3rd time.
Skip Skip The previous question was 2nd e and the main question ordered. The bill was then orderengross and read a 3rd time; and being engrossed, it was according] read the 3rd time and passed. Mr. ANCE A mtRtv the bill was passed; upon the table. agreed to.
Mr. CONKLING. I move that the House now adjourn.
Skip Skip The question was taken; and, upon a division. there were ayes 49, noes 43. So the motion was reed to; and accordingly (at ten minutes:igten o’clock p. in.) the House adjourned.
@@@IN SENATE SENATE. FRIDAY, July 27, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. On motion of Mr. DOOLITTLE, and by unanimous consent, the readin of the Journal of yesterday was dispensed wiih. REPORTS OF COMMITTEES.
Mr. DOOLITTLE. The Committee on Indian AlIuirs, to whom was referred a communication from the 2nd Auditor of the Treasury communicating copies of accounts of persons charged with the disbursement of moneys, goods, or effects of any kind for the benefit of Tndians from July 1, 1864. to June 30. 1865; a communication from the SecyIn terior, transmitting copies of the accounts of Superintendent Soils and Agents Snow and Dunn, of the southern superintendency, for the 4th quarter of 1865, with a copy of the report of the ComrIndAff upon the subject; and a communication of the SecyInterior, transmitting accounts of the superintendent and agents having charge of the tribes of Chickasaw, Semine le, Wichita, and other Indians, for the 3rd quarter of 1305, have directed me to report them back and ask to be discharged from their further consideration. They are very volumine us, and the committee do not recommend their publication, but repo rt them back to go on the tiles in the oliice of the SecySenate. The report was agreed to. RELATIONS WITH THE BRITISH PROTINCES.
Mr. SUMNER, from the ComForRel, reported the followmg resolution; which was considered by unanimous consent and agreed to: Eeyoloed.That the President be requested, if in his opinion not incompatible with the public interests. to furnish to the Senate at the next session of congress any information in his gossession couceruiu the practicability of establish inn oqual reciproca relatiops between the U.S and the different British Provmces of North America. including the British possessions on the pacific: and also concfiesrhneirnigesth, e actual condition of the question of the with such. recommendations 1“ he may chooseto make tendingto the peaceful arrangement of theseimportant matters. CLAIMS OF MASSACHUSETTS AND MAINE.
Mr. SUMNER. Iam also directed by the ComForRel. to whom were referred sundry.ctitions relative to a railway running from t it: State of Maine into the British Provinces. to report jo'Iit resolution (S.R.No. 143) respecting certain claims of Massachusetts and Maine. The JtResolution was read and passed to the 2nd reading.
Mr. SUMNER. This resolution merely provides for the auditing of those claims; it oes not go beyond that; and I should like to have the action of the Senate upon it now.
The PRESIDENT protempore. Objection being made, the JtResolution lies over under the rule. CONTINUATION or BUSINESS.
Mr. TRUMBULL submitted the following resolution; which was considered by unanimous consent and agreed to: Rewind, That all subjectsbefore theSonatoat the close of the presentsesslon.including those before committees shall be continued to the next session and shall then heproceededivith in the same manner as if no arbournmentpf the Senate had taken place; and the paperswhich have been referred to he committees and may be in their possessionat the closeof thesession.s allbe returned informally to the Secretary and by him restoredtothe summit tees when appointedat the next session. PROTECTIOA OF THE Ill ZVEXUI l. The Senate proceeded to consider its amend. ments to the)ill (H. It. No. TSUI to protect the revenue and for other purposes: and On motion of
Mr. FESSENDEN, it was Resolved, That the Senate further insist ii on its amendmentsto the said bill disagreed to y the HoRep and agreeto conferenceasked by the House on the further the disagreeing votes ot‘ the two Housesthereon. Ordered. That the conferecs on the part of the Sea nte beappointedby the Presidentpro tempers. The PRESIDENT protampon appointed Mr. Cmx, MrJm Wiism, and Mr. Moaoas. REPUNDINE OF LICENSE TAX.
Mr. FESSENDEN. There is a little bill, to which there is no oh'ection, which was sent to the ComFinance, being a bill (H.R.No. 759) to authorize the refunding of certain taxes, which contains a very necessar amendment to the internalrevenue law. I have not had a chance to consult the commit tee, but there is no objection to it, and it is necessary to pass it at once. I move, therefore, that the committee be discharged from its further consideration, and that it be taken up; or, if there is no objection, I will report it back from the ComFinance I suppose they will agree to it and ask that it be taken up and passed. By unanimous consent, the Senate, as in ComWhole, proceeded to comsider the bill. It provides that where the license tax imposed upon any wholesale dealer has been calculated upon the amount of such dealer’s sales for the previous year, in accordance with the terms of this 79th section of an not approved June 30, 1864, and it shall be proved to the satisfaction of the ComrIntRev that the sales made under such license di 0t equal in amount the sales of such preousyear, itshall belawful for the commissioner to refund to such wholesale dealer so much of the amount paid for the license as may be in excess of the proper tax chargeable upon the amount of sales actually made under the license during the your for which it. was issued. The bill was reported to the Senate 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. McPERSOX, its Clork, announced that the HoRep had passed the hill (8. No. 223) to revive and extend the provisions of an act grantin the right of way and making a at of Inn to the States of Arkansas and issouri to aid in the construetion of a railroad from a point upon the mississippi, opposite the mouth of the Ohio river, via. ittle Rock, to the Texas boundary near Fulton, in Arkansas, with branches to Fort smith and the Mississippi river, approved February 9, 1853, and for other purposes, with amendments, in which it requested the concurrenee of the Senate. The message also announced that the HoRep had passed the following hills and JtResolution, in which it requested the concurrence of the Senate: A bill (H. It. So. 810) inncudatory of section 13 of an act entitled "An act toaineiid an act entitled ‘An act to provide internalrevenue to support the Government, to pay interest on the paplic debt, and for other purposes.’ approved June 30, 1864, ” approved March 3, 1M"): A bill (H.R.No. 812) for the relief ofJohn W. Taylor; and A JtResolution (H. H. No. 207) to pay Colonel Lewis F. Fix. ENROLLED BILLS SIGNED. The message also announced that The SPEAKER of the HoRep had signed the following enrolled bills and JtResolution; which were thereupon signed by the President protempore: A bill (H.R.No. 422) for the relief of Mrs. Ann E. Smoot, widow of Captain Joseph Smoot: A bill (H.R.No. 761) authorizing the reimbursement to the Territory of Nebraska of certain expenses incurred in repelling Indian hostilities; A bill (H.R.No. 795) to authorize the entry and clearance of vessels at the port of Calais, Maine; and A JtResolution (H. It. No. 164) for the relief of Fontaine T. Fox, jr. ADMISSION OI? NEBRASKA.
Mr. WA DE. I move to take up the bill (S.No.447) for the admission of the State of Nebraska into the Union.
Mr. SUMNER. I think it is not advisable to open that discussion today. There are but a few hours remaining to us of this session. I think we had better proceed with other business. The question involved in the admission of Nebraska is the very question that came up and was discussed so thoroughly with regard to Colorado. It. occupied then, it will be remembered, many days, and we have not yet reached the conclusion of it. I think that we had better not begin on this question today. I hope we shall not take it up.
Mr. WADE. I hope it will be taken up, and as we have spent a 3rd of the session in discussing this very question I hope Senators who have discussed it 3 or 4 times over before the Senate and said all that their ingenuity could invent against it will have the grace to believe that we remember their arguments and will act in reference to this question without a repetition of them. I thin that by reason of the great discussion upon this subjectin the fore art of the session we are the more ready and able to take it up understaudingly ni w and 0 on with it. I hope we shall take it up, on not keep out a State applying to come into the Union any longer.
The PRESIDENT protempore. Is the Senate ready for the question on the motion of the Senfrom Ohio?
Mr. SUMNER. Let us have the yeas and no s on that question. The yeas&nays were ordered; and being taken. resulted yeas 24, nays 9; 17. So the motion to take up the bill wasogreed to. PRINTING or PUBLIC DOCUMENTS.
Mr. ANTHONY. With the assent of the Senfrom Ohio. now that he has his bill before the Senate. I wish to ask the unanimous consent of the Senate to take from the table the bill (H. It. NO. 80.)) to further regulate the printing of public documents and the nirchase of paper for the public printing. It is a bill that will give rise to no debate; it. will save some 100,000 dollars to the Treasury; and it is impoitant that it should Mul. p
Mr. WADE. I hope that bill will be put on its hpassage by common consent.
Mr. SUMNER. I ask that it be referred to the ComForRel. It is a veay important matter.
The PRESIDENT proIcmporc. Objection being made to its present consideration, it will be referred to the ComForRel. AMENDMENT OF INTERNALREVENUE LAW. The bill (H.R.No. 810) amendatory of an not entitled “An act 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, approvmFJune 30, 1864, ” approved March 3, 1805, was read twice by its title.
Mr. FESSENDEN. It is not necessary to refer that bill, but very necessa to pass it, and I ask for its immediate consi oration. By unanimous consent the Senate, as in ComWhole, proceeded to consider the bill. It proposes to amend the 13th section of teinternalrevenue law of March 3, 1865, by strikin out the words “without having 1st obtained a icense so to do ” and to insert in lieu thereof the words “ without paying the special tax therefor.” The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. ASSASSINATION REWARDS., A bill (H.R.No. 801) authorizin the payment of the rewards offered by the POTUS and the officers of the War Dept in April and Ma, 1865, for the ca ture of JeffersonDavis an the assassins o the late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward, was read twice by its title.
Mr. HOWARD. I move that that bill be postponed until the commencement of the next session of Congress.
The PRESIDENT protempore. It requires unanimous consent to consider it at this time.
Mr. TRUMBULL. I ask that it be referred and disposed of in the usual way.
Mr. W ADE. Let it be referred. I cannot permit bills to be interosed and discussed while the bill for the a mission of Nebraska is ending.
The PRESIDENT prolempore. It will be referred to the ComMilAffrs ifthere be no objection.
The PRESIDENT protempera. It will be referred to that committee. ORDER OF BUSINESS.
Mr. HENDRICKS. I ask the Senfrom Ohio to yield to me for a moment that I may move to postpone the bill which he has called up informally with a view of taking up a little resolution House JtResolution No. 197.
Mr. WADE. I cannot consent to that now. The admission of a State into the Union is as important as anything else.
Mr. HENDRICKS. I do not think this will take any time.
Mr. WADE. I will not object to it unless it is going to be debated; if it is, I must object to it.
Mr. HENDRICKS. AJtResolution authorizin a contract with Vinnie Ream for a statue 0 Abraham Lincoln.
Mr. FESSENDEN. That will certainly give rise to debate.
The PRESIDENT protempore. The Senfrom Indiana asksunanimous consentto procced to the consideration of House JtResolution No. 197.
Mr. HENDRICKS. As the Senfrom Maine says it will be debated and the Senfrom Ohio cannot yield unless there is to be no debate, I will not press the matter now, butI shall call it up directly.
Mr. SHERMAN. In the distribution of the bounty offered for the capture of the assassins of the late President Lincoln there are several soldiers interested, one of whom called on me this morning. He is maimed and crippled and really in such a condition that he would move the humanity of anyone. He is entitled under any award that may be.made to a pretty large. sum of money; and all hehas got in the world i is the hope thatas a matter of justice and honor we willact upon that bill. I think my colleague will give way for that purpose. It ought to be acted upon.
Mr. WADE. My bill wants to be acted upon also.
Mr. SHERMAN. But this is a bill in regard to the bounty offered for the capture of the assassins of Mr. Lincoln, and Colonel conger, a wounded soldier, without a cent in the world, is entitled by any award that may be made to a considerable sum of money, and he is here anxiously awaitin the settlement of this matter. The subjectTias been thoroughly examined by the HoRep, and they have passed abill which I should like to have taken up now.
Mr. WADE. I trust there will be time enough to pass both bills. This bill is now under consideration, and it ought not to take lon, and then we can dispose of the other. Dir. SHERMAN. I do not suppose this will take any time at all.
Mr. WADE. Let us pass this and then I will help you with that. That has passed the House and my bill has not.
The PRESIDENT protempore. The bill now before the Senate will be read.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPuEnsos, its Clerk, announced that the HoRep had passed the bill (S. No.400) to fix the compensation of certain collectors of customs, an for other purposes, with amendments, in which it requested the concurrence of the Senate. The message further announced that the HoRep had passed the JtResolution (S.R.No. 90) to suspend tempora rily the collection of direct taxes within the State of WestVirginia, with amendments, in which it requested the concurrence of the Senate. COMPENSATION OF COLLECTORS. At the suggestion of Mr. MORGAN, and by unanimous consent, the Senate proceeded to consider the amendments of the HoRep to the bill (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes. On motion of Mr. M RGAN, it was ReooloedThat the Senate disagreeto the amendmentsof the HoRepto the said bill and ask a conferenceon the disagreeinzvotesof the 2 Housesthereon. Ordered, That. the conferces on the part of the Senatebe appointedby the Presidentpro tempura.
The PRESIDENT protempore appointed Mr. MORGAN, Mr. MORRILL, and Mr. ILLEY.
Skip Skip APPROVAL OF BILLS. A message from the POTUS, by Mr. Moons, his Secretary, announced that the President had this day approved and signed the following acts and JtResolution: An act (S.No.179) in relation to the district courts of the U.S. in the States of California and Louisiana; An act (S.No.324) for the relief of John Hastings, late surveyor and depositary of public moneys at Pittsburg; An act (S.No.424) toincor orate the Washington Temperance Society, of the city of Washington, DistCol; and A Jtresolution (S.No.133 to change the place of holding the terms of the circuit court for the district of Virginia. ADMISSION OF NEBRASK A. The Senate, as in ComWhole, proceeded to consider the bill (S.No.447) for the admission of the State of Nebraska into the Union.
Mr. SUMNER. I should liketo know from the chairman of the ComTerritor what evidence the committee had before them with regard to the present condition of thisterritory and its capacity to sustain a State government.
Mr. WADE. I' do not desire to enter into a discussion but I will. say th at thocominitteo had before them 1st the constitution of the State of Nebraska, which they examined and found a very liberal and a very good constitution, analogous to most of the constitutions of, the States, indeed almost a copy of the constitutions of many of the western States. There is nothing in it to which any gentleman here would object except that clause which restricts the franchise to white persons. That question I do not propose to discuss, because no new light can possibl be thrown upon it. Those who are resolve that that sha 1be an objection to the admission of a State will, I suppose, remain of that opinion, whatever may be said. I defy any man to throw any new light on that subject; every one’s mind is made up on it. As to the Territory itself it is in a very excellent condition; the people are prosperous and happy, I believe; they have an excellent climate and soil. It is one of the best Territories in the Union.
Mr. JOHNSON. What was the majority for the constitution?
Mr. WADE. About 105th, I think. I see no reason why NebraskashouI’d not be admitted as a State.
Mr. HENDRICKS. The Senator asks, when was a motion such as I have submitted made upon a mere rumor? I say such a motion was made just yesterday when the credentials of a Senator were laid upon the table. Senators stated that upon rumor they had heard that that Senator had occupied a position which excluded him from the Senate, and upon that rumor and statement the Senator himself, I believe. said that the credentials ought to go to the ComJudiciary.
Mr. WADE. I said nothing about it one way or the other.
Mr. HENDRICKS. By a citizen of Nebraska I was told this morning that there were such frauds in this election that it was entitled to no respect from honorable men.
Mr. DUOLITTLE. Just at this point I would like to inquire of the Senfrom Indiana or the Senfrom Ohio, whether the election that took place on the adoption of the constitution was under the provisions of the enabling not while the enabling act was still in force or was at some voluntary election which. took place afterward. the fact is.
Mr. HENDRICKS. On the motion which I submitted I did not intend to discuss the merits at.all except to present to the Senate the question that I thought ought to be investigated by a committee. Now, I understand the fact to be that this constitution never was adopted by a convention under the enabling act at all, but it is a constitution presented to the people by the Legislature of the Territory, and that it does not come here at all under the enabling act; but I did not choose to discuss that now. I say that I have been told by a citizen of the Territory that there were frauds in the election. Senators will recollect that no one pretends that this constitution was adopted by any considerable majority, perhaps about 100. According to the papers it was about 100.
Mr. WADE. About 100. I have the certificate here. 5'
Mr. HENDRICKS. Where 1000s are voting either way. as the Senator says, a vote sufficienttoindicate a population, as he thinks, of 60,000, where 1000s are voting upon either side and there is but 100 majority upon the grave question whether a State government shall be fastened upon the peeple with a constitution of a peculiar form, and the averment is made by a citizen of the Territory and by the public journals of the country that that election is tainted with fraud, the Senator says that it ought not to be investigated; at least that the question has been before a committee cometent to investigate it. [do not question that; but does the Senator say that he has investigated it? Does the Sea ator say that he has looked at all into that apestion? On the contrary, he says he has and no occasion to investigate it.
Mr. WADE. The 1st time I have ever heard there was any trouble about that election was from the Senator this morning, and he does not give us authority for it.
Mr. HENDRICKS. A Senator near by me says it is notorious. I have seen it in the news papers, and this morning it was stated to.me by a citizen of the State, quite as strong an averment as was made yesterday when the Senate thought it proper to send the credentials of a Senator to a committee. Now, I submit, I believe that there were frauds in the election from what I am told. I have no doubt of it from what I have been told.
Mr. HENDRICKS. The election adoptinv the constitution. Now, here is one huudr I do not know what between the parties, a very small nmjo'riiye and is it unreasonable to ask that that question be investigated? lam perfectly willing to say that the Scu ator's own committee shall investigate it. I am not particular about that. All we want is a fair investigation; andI know if he under took it, he would give it that sort of an investigation; but here at the close of the session, when there is no injury done to the State by that course, we ask simply that it be referred to a committee.
Mr. HENDRICKS. I intimated no such thing. The argument I made shall stand exactly as I m c it. I said that in the vote that was cast it is not pretended there was more than 100 of amajority; and that when there is so small a majority and there is the averrnent that there was fraud, it is proper to inquire into it. If there were majorities of 1000s, or 100s oven, and the fraud was but trifling, as charged, then it would not be important to inquire into it; but where fraud is charged and the majority upon the adoption of the constitution is small, it ought to be investigated.
Mr. WADE. How plain a tale ca. but all this down. 1st of all, is there anybo y from this State protesting against its adoption? Is there a single petition or protest against it? Is there any man certifying in an authentic form that there is anything wrong about the election? The representative of that people in the other House is anxious that the Territory shall be admitted as a State, and he speaks by authority for that people as their representative as the Senator speaks for the coplo of Indiana. We have the official certificates of the proper officers; and against all this a senator rises and tells us that there are rumors and statements in newspapers that there issomething unfair. I willnot argue such a question before the Senate.
Mr. DOOLITTLE. I desire to ask the honorable Senfrom Ohio one question, because I am entirely without information as to the facts: whether this election took place under the enabling act or whether it wasa subsequent election after the enabling act had expired. I wish to know the fact.
Mr. WADE. The enabling act was passed in 1864 enabling the people of the Territory of Nebraska to assemble themselves together to form a State government; but there was no time fixed that I remember. Then their Legislature met and passed an act upon that subject, undoubtedI under the authority of the enabling act of ougress.
Mr. OHNSON. Have you the act of the Territorial Legislature?
Mr. WADE. I have not got it here. It is in my committee room. I remember that the enabling act waspassed in 1864, about the same time that the Colorado act was passed. The people of Colorado met and voted against a State organization the 1st time; but the next time they met they voted in favor of it; and it was argued here that because of the 1st vote the enabling act was functus oficio; but the reply was conclusive, as I thought, that by passing an enabling act authorizing the people of a Territory to form a State government we commit ourselves to receive them whenever they do accept the invitation and firm a State ovcrument. Whenever they accept the conditions of the enabling act and present themselves for admission I see no reason why they should be excluded; and they may do it as well at one time as at another.
Mr. DOOLITTLE. If the honorable senator will allow me, as I have now before me the enabling act of Nebraska, I will read the 3rd section of it. That section of the act of Congress provides: "That, all personsqualified by law to votefor nip Ieeentntivesto the gencralAssemblyof saidTerritory lhall be qualified to be elected; and they are hereby authorized to vote for and choose representatives ‘9 form a convontion. under such rules and regula tmionls asthe Governor of said Territory may prescribe, of also to vote upon the acceptanceor rejection such constitution as may be formed by said convention.‘ under such rulesand rezulations as said convention may prescribe.”.Whnt I desired to know was whether they did choose a convention, whether that convention submitted a constitution, and whether that constitution was voted upon by the people in pursuance of this act, or whether the Legislative Assembly of their own accord undertook to submit a constitution to the people. I Wish to know the fact, for I confess I am ignorant as to it.
Mr. WADE. The enabling act authorized them to meet at such time as the Governor should prescribe, and form a constitution. I have a certificate of the Governor in these words: Execurivu Osiuos. 0mm, July 8. 1866, I herebycertify that at an electiop held in pursunncoof an act passedby the .Lezislnture of Nebraska, approved February 9, 1366, authorizing the peopleto votefor or againstthe adoption of a State constitutipnfor the state of Nebraska, the voto for the constitutionwas3.938a, nd the vote against the constitutionwas8, 838.biginga majority o 100votes in favor of the constitution. G' u do haadands the 3d day ofJul, [ “fiscal m’ Affirm sim ens. x“8' Governor of Nebraska. And this is conntersigned by the SecyTerritory.
Mr. HENDRICKS. That is entirely satisfactory to me, and I modify my motion in that way. I more to recommit the bill to the ComTerritor.
Mr. POMEROY. Nebraska has been a Territory for 12 years. The organic act passed with the act organizing the I‘erritory of Kansas, which is nowa State. Nebraska was delayed a good while from the fact that the emigration to Nebraska was not equal to what it was to Kansas; and not until they commenced the construction of the Pacific railroad and a large impetus was given to emi gration, and a large amount of property came there for taxation, did the people feel that they could consistently take upon themselves the duties and burdens of a State government; but early this year, although the enabling act was passed some years ago, they commenced, in the regular, ordinary way, to form a State constitution. I confess that I never heard a word about frauds in the election from any citizen of Nebraska, and I learn that there are no frauds charged in any of the papers excepting frauds charged upon those who tried to defeat the constitution.
Mr. DOOLITTLE. the honorable Senator will allow me, before he goes into the question of frauds in the election, to ask hima question of fact. He stated just now that the people of Nebraska proceeded under this act regularly to form a State constitution. I desire to get at the facts. I observe that the enabling act required that they should have a convention and that that convention should be held in 1864, and that on the 2nd Tuesday of Octo ber, 1864, the constitution should be submitted for the ratification of the people. Did they do that or did they not?
Mr. DOOLITTLE. This act fixed that day for the election.
Mr. POMEROY. Since the Pacific railroad was located there they have believed they couldinstituteaState government. Then they thought they could sustain a State government, and then, according to the spirit of the act, but not in the exacttime fixed by it, they went on and forme this constitution.
Mr. DOOLITTLE. Did they hold a convention in 1864? '
Mr. DOOLITTLE. If they did, did they vote on the constitution?
Mr. HOWARD. Mr. President, one of the leading objections to the bill now before the Senate, insisted upon by the honorable Senfrom Wisconsin is, that there was no law for holding the election under which the members of the convention that framed thisNcbraska constitution were elected. I am not so sure about that. I understand the facts to be that by the enabling act of 1864 the inhabitants of Nyebraska were authorized to form a State constitution and submit it to a general election to be held in October, 1864. Undoubtedly the legal clficac of the act of 1864 exired from and after the 2nd Tuesday in ctober of that year, because it was on that Tuesday that there was to be held an election to ratify the constitution in case the people should have formed one before that da. But, sir, the convention which was actual y called, if I understand it ri hly, was authorized to be called bya territoria statute. Was not that the case?
Mr. WADE. I have new learned exactly how the whole of it was.
Mr. HOWARD. I think if the Senfrom Ohio will look at his certificate, he will see that the title of the territorial act is recited.
Mr. WADE. I can state now precisely how it was because Ihavelearnedit from one of the Senators; I could not get it all from the papers. The convention met under the enabling act, but they failed to form a constitution; the Legislature then met, passed a law referring directly to the enabling act and conforming to it, framed a constitution, and by that actsubmitted it to the people. That is the constitution that is before us. The people voted upon the constitution, and the result of their votin is certified by the Governor to us. That is al there is of it.
Mr. HENDRICKS. I wish to ask the Senfrom Ohio whether the constitution was framed by a convention or by the Legislature.
Mr. HOWARD. I understand the Senfrom Ohio to say that the constitution now presented to us was framed by the Territorial Legislatnre.
Mr. DOOLITTLE. If the honorable senator will allow me to interrupt him for a moment, there are 2 facts in connection with this question which I have been authorized by a gentleman to state on his responsibility Mr. J. L. Gibbs. One fact is this, and it is a fact which I did not know myself; perhaps other gentlemen of the Senate knew it by information: that in 1864, under the enabing act, a constitution was submitted to the people of Nebraska and voted down.
Mr. HOWARD. I believe that to have been the fact.
Mr. DOOLITTLE. And the further fact. that on the present vote upon the State constitution there were 2 companies of soldiers in the State belonging to Iowa that happened to be upon service in Nebraska, who voted for Governor Stonein Iowa last fall, and who upon this vote in Nebraska voted on this constitutional question, and immediately on their being mustered out went to their homes in Iowa men who were not residents of nebraska at all. These are facts which he authorizes me to state and for which he says the affidavits of the captains of the 'companics can be iven. And now, sir, my point is this: that where an election is e.
Mr. KIRKWOOD. I should be glad to know what Iowa regiment it is.
Mr. DOOLITTLE. I do not know the number of the regiment.
Mr. HOWARD. I yielded to the Senfrom Wisconsin for an explanation, and not for ebate.
Mr. DOOLITTLE. I simply say that it seems to me that where the election has been held, not under the enabling act but outside of the enabling act, and where such facts are; alleged, it ought certainly to be inquired into by the ComTerritor.
Mr. WADE. I rise to correct some state ments that have been made here, and the facts in regard to them show how improper it is in a court of justice or a legislative body to proceed upon mere rumor. Here is the SecyTerritory right behind me; here are gentlemen who participated in the convention, and I am informed by them that no constitution was ever framed or submitted to the people until this one was.
Mr. DOOLITTLE. On that subject, perhaps, I ought to correct the statement that I made. Iunderstood that in 1864 the people voted against the constitution. That is not so technically; but when the question of electing a convention was submitted to the people they elected delegates to the convention who when the convention assembled adjourned without framing a constitution, because the majority of them were against a State constitution. That is the precise fact.
Mr. WADE. That clears some of the brush away. I understand further that Mr. Gibbs, who has been uoted here, is a Utah man, who has not resided in the Territory of Nebraska for 4 years. Rumors thus derived are to be palmed off against the authentic doings of that people in a vain endeavor to defeat their deliberate action in framing a constitutional government. The idea is ridiculous and absurd. I never know such a course resorted to before. What, sir, bring in here the chit chat of men outside, who are perhaps interested in contin uing in place public olfieers whose terms are about to expire if the will of that people be carried out, to gainsay the authentic doings of that people! If there was anything wrong in their proceedings, if there was any fraud in the voting, why was not the matter brought before the proper authorities there? They had their rules and regulations by which to test the question of fraud if any allegation of fraud was made. But thti people there did not take it up; it is left to Mr. Gibbs, from Utah, to insinuate frauds in the election.
Mr. POMEROY. He says that these soldiers voted for Stone and then voted on this constitution. Stone’s vote was last October, and this was in June. How they could have voted for Stone and upon this constitution at the same time, I do not see.
Mr. DOOLITTLE. It is as plain as the nose on a man’s face. The laws of Iowa authorized their soldiers to vote; and the soldiers of Iowa, bein" in Nebraska, voted for Governor Stone, of own, and when this question came up they voted on this constitution, and then, being mustered out, went righthome to Iowa. These facts, Mr. Gibbs states, are sworn to by the catains of the companies.
Mr. POMEROY. Where are their affidavits?
Mr. HENDRICKS. We want an opportunity to present them; that is the object of the reference.
Mr. KIRKWOOD. I should like very much to know from the Senfrom Wisconsin what Iowa troops those were. I feel very sure that Iowa had not a soldier in Nebraska last June when this vote was taken.
Mr. WADE. I suppose Mr. Gibbs, of Utah knew more about it than on did. [Laughter]
Mr. KIRKWOOD. do not think there was an Iowa regiment or company there; and I should like to know what companies are alluded to.
Mr. DOOLITTLE I cannot tell the name or number of the company or regiment; but I say that upon this statement of facts the question should be examined by the ComTerritor. If the Senate appointed a committee to examine into the subject witnesses could be examined and the whole particulars given.
Mr. KIRKWOOD. I do not believe there was an Iowa regiment or company in Nebraska last June.
Mr. POMEROY. The 7th regiment of Iowa volunteers were out there last fall, but they were all mustered out over 6 months ago. That was the only Iowa regiment that was in Nebraska.
Mr. DOOLITTLE. Does the Senfrom Kansas know when they were mustered out, precisely? Does he know where they were in cbraska when they were mustered out in what art of Nebraska?
Mr. OMEROY. My colleague, [Mr.Ross, ] who is very familiar with the facts, says they were mustered out over 6 months a o.
Mr. WADE. The Governor of the State of Iowa ought to know something about the troops of that State; and I think his statement here is as authentic as that of Mr. Gibbs, of Utah, or anybod else. But where is the evidence that a soldier from Iowa or anywhere else voted at the polls? There is no such proof. Do the people of Nebraska complain that they were defrauded? Not a man ot them. Why of they not contest it? Why do they leave gentlemen from Wisconsin and from Indiana to interfere in that of which they do not complain? Why did they send hero certificates that the election was fair, when gentlemen here get Mr. Gibbs from Utah, to say there was some fraud mixc up in it? The thing is so ridiculous that I do not feel warranted in arguing upon such stuff. Talk not to me about Gibbs and other men having said this, that, and the other. I know where they get it from; the expiring voices of those gentlemen who, if we do our dut and give effect to the will of that people, wi i lose their hold upon public oliice. I'hings from such sources are brought in and retailed here as authentic statements that need answering and want investigation.before committees. What would vou investigate? The people of Nebraska have made no complaint. If you refer it to our committee we shall have nothing to act upon, unless we take up what the Senfrom Indiana says somebody told him, or he saw in a newspaper, or what Mr. Gibbs talked about. Now, every gentleman here knows, the authentic papers show, that this was a fair election. Hero is a good con? stitution, republican in form, in the usual form, submitted to the people fairly, and by them deliberately ratified. The result is certified to us by the Governor; the representatives of that people say it is all fair an right. Nobody complains except the Senfrom Indiana and the Senfrom Wisconsin. I hope we shall take the vote and admit the State.
Mr. TRUMBULL. Will the Senfrom Wisconsin allow me to inquire of him if he is informed what number oi votes were cast. by those parties, and which way they voted? because if we go into an investiation it might be important to know whether tfieir vote had any effect upon the result or not.
Mr. DOOLITTLE. I have had no time to go into all this detail. After I make one statement of facts in relation to it gentlemen ask me a question what was done in that particular? I ow do I know when I was not there? I have had no time to go and hunt up witnesses.
Mr. TRUMBULL. Perhaps the Senator did not understand me.
Mr. DOOLITTLE. I suppose they voted for the constitution; but still I will not vouch for that until I get further information.
Mr. TltUMBULL. I asked if the Senator understood whether their vote would affect the result one way or the other. Has be any genvoral understanding on that?.
Mr. DOOLITTLE. I suppose it would; and yet I state to the Senator most frankly that I have not examined the case sufficiently to say. I will not vouch for that.
Mr. JOHNSON. Was there a regiment there?
Mr. DOOLITTLE. No; 2 companies of the 1st Nebraska regiment, raised in Iowa, onsisting of Iowa troops. stationed at Fort earney, in Nebraska Territory, and they were not mustered out of the service until just the beginning of the present month. Last fall those same men voted for Stone as Governor of Iowa on a commission sent by the State of Iowa for the purpose of taking their votes; and when this constitution was submitted the voted on it in Nebraska, and are now mustere out and paid and have one home to Iowa.
Mr. HENDRICKS. The Senfrom Ohio himself said he had not heard of any of these things, and of course he did not think it necessary to investigate them.
Mr. WADE. I never heard a word about them until I heard it here in the Senate.
Mr. DAVIS. I have no doubt if the honorable Senator had heard it he would have convened the committee.
Mr. WADE. If I heard it in an authentic shape.
Mr. DAVIS. And he would not have asked me, I have no doubt, to give my informal consent to his reporting that bill against which there was such objection, be having knowl edge of it. I have no idea he would have done that. Under the circumstances, I think the subject ought to be referred back to that committee, or that it ought to go to some other committee, to investigate the question whether Nebraska should now be admittedas a State into the Union or not.
Mr. KIRKWOOD. I wish to make a single remark in regard to this allegation about our Iowa soldiers voting in Nebraska. I was perfectly confident when the Senfrom Wisconsin said before that 2 companies of an Iowa regiment had voted there that he was in error, because we had no Iowa re iment or part of a regiment in Nebraska at that time. It now turns out that the allegation is that certain men from Iowa forming companies in a Nebraska regiment voted there. In the cont mencement of the war the Iowa troops could not get into the field as fast as they wanted to, and there were some men who went from Iowa and entered the 1st Nebraska regiment, forming wholly or partially 2 companies. I do not know whether they were all made up of Iowa men or not. That was in 1861. The term of enlistment was for 3 years. All of those men who could have been in the 1st Nebraska regiment in June, 1806, must have been such of them as reiinlisted as veterans. Now, counting that the whole of them originally were from Iowa. then deducting the number who died from disease, the number mustered out, the number killed in battle, and those who suffered from other casualties, and then the number of them that did not reiinlist as veterans, and on may have some idea of the number of t to original men enlisted in Iowa in 1861, remaining in 1866. I am satisfied it amounts to nothing on the vote.
Mr. YATES. Will the Senator allow me? I am informed by the SecyTerritory that a census was taken in last March a year ago, and the)0 nlation then was 41,000, and that since that time the population has ra idly increased, so that it is now some 60,000. I am also informed by one of the U.S. judges of the Territory that that is the fact.
Skip Skip MESSAGE FRO)! THE HOUSE. A message from the HoRep, by Mr. McPnaasox, its Clerk, announced that the HoRep had passed a bill (H.R.No. 708) ti provide increased revenue from imported wool, and for other purposes, in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The messagealso announced that the Spealrer of the HoRep had signed the following enrolled bills and JtResolutions; which were thereupon signed by the President ro tempera. A bill (S.No.30) to amend the acts relating to oliicers employed in the examination of imported merchandise in the district of newYork, and for other purposes; A bill (S. ho. 334) to prevent the wearing of sheath knives by American seamen; A bill (S.No.406) for the removal of causes in certain cases from State courts; and A JtResolution (S.R.No. 131) for the temporary relief of the suTTerers by the latefiro in Portland, in the State of Maine. EXECUTIVE COMMUNICATION.
The PRESIDENT protem ore. The Chair will take this occasion to lay before the Senate a communication from the SecyTreasury, transmitting, in compliance with a resolution of the Senate of the 23d instant, a statement of fines, penalties, and forfeitures returned to the Treasury Dept by the collector of the district of Vermont, an the surveyor of the port at Louisville, Kentucky. The document was ordered to lie on the table and be printed. SENATOR FROM TENNESSEE.
Mr. POLAND. I rise, Mr. President, to a question of privilege. The ComJudiciary, to whoui‘ were referred the credentials of Hon. David T. Patterson, senator elect from the State of Tennessee, With instructions to report whether Mr. Patterson is legally qualified to hold the offico of U.S. Senfrom that State, have had the same under consideration and submit a report, with a resolution accompanying it. I may say that in reference to the facts embracedin the report the committee. are entirely unanimous. As to the conclusion, the legal result, there'is some difference of opinion moon the committee. I ask that the report be rea and the resolution considered.
The PRESIDENT protempers. The report will be read if there be no obection.
Mr. WADE. I hope it Will be printed. I do not care about its being read.
Mr. SUMNER. We want to hear it. It is very important.
The PRESIDENT protempera. The report will be read, no objection being made.
Mr. SUMNER. today? Can that be considered
The PRESIDENT ro temporc. As a question of privilege the ‘liaii thinks it can; it is before the Senate to be disposed of by a majority of the Senate.
Mr. Patterson as a Senator here, according to the testimony before the commit tee. I slionld be most happ to receive him as one of our associates in this body if there. were no law on the subject; but the law is here. We are acting under that law. I think this is a matter that can be submitted only as to him as to his motives. I agree to the statement of facts. I presume the facts are stated correctly, all that are stated. Perhaps all are not given in this report; but I cannot vote for the resolution. What is the sheet of voting for the resolution? That notwithstanding a man has done the act, that is, has accepted an office, has exercised the duties of an office under a government in hostility to the U.S., yet if in doing that his motive was good you me dispense with the law. Have you any sue dispensing power? You may repeal the law. you may strike out of this oath that single sentence; an then there would be no difliculty in voting that Mr. Patterson was entitled to his seat. I should be willing to dispense with that requirement in such a case as this; but the law, as I said operates by Generalrules, and while it is the law we must 0 serve it. It may be said that it is submitted to him to take this oath, and not to us. Suppose it is submitted to him to take this oath and not to us to take this oath, what do we propose to do ‘2 The ComJudiciary, through my friendfrom Vermont, have reported a resolution in which the prepose to vote in advance that, without his talrin the oath, before he has taken it, he is entitle to bequalified. Now, sn pose
Mr. CLARK. I wish to inquire of the Senfrom Illinois if it did not appear to his mind that the committee was quite satisfied that Mr. Patterson took the office and so far as he did hold it held it for the protection of the Union men and in hostility to the confederate government.
Mr. TRUMBULL. I was satisfied by the testimony before the committee that he did not use this office for the benefit of the confederate government, but rather that he accepted it at the instance of the Union men with a view of trying to protect them. I think the testimony shows that.
Mr. HOWARD. I ask for the reading of the resolution.
The Secretary read the resolution, as follows:. Resolved, That Hon. David T. Patterson is duly qualified and entitled to hold a seatin the Senate of t a U.S.from the State of Tennessee.
Mr. HOWARD. I wish to say one word on this subject. The immediate question before us is, i I understand it, the a option of the resolution which has just been read, which declares that this gentleman is duly qualified to act as a Senator of the U.S. from the State ofTennessee. Whether he is duly qualified must depend among other things upon this: whether he has ever “attempted to exercise the functions of any office, whatever, under any authority or pretended authority in hostility to the U.S." It seems to me that there can be but one answer given to this question. It is in proof, if I understand the report properly, from the admissions of the applicant himself before the ComJudiciary of this body, that after the State of Tennessee as a political community had passed a solemn ordinance of secession from the U.S., after, as such community, she was engaged in a bloody rebellion against the U.S., this gentleman was elected by a popular vote one of the circuit judges of the State of Tennessee; that a commission was made out for him by the Executive of the State and transmitted to him, and he was called upon to take an oath as one of the qualifications to the exercisin of the functions of that judgeship, that he would support the constitution o the State of Tennessee and also the constitution of the confederate States of America. It is verytrue the report alleges that when the commission was transmitted to him, it was accompanied by a peremptory order of the Executive of ennessee upon him to take this oath at once. I have yet to learn what authority the Executive of any State in this Union has or ever had to transmit a “peremptory order” to a person elected to an office, requiring or constrainin him in any way to take the oath of office. T ask the honorable Gentfrom Vermont, who made this report, what was to be the penalty of an omission on the part of Judge Patterson to take the oath required.
Mr. POLAND. He would probably have been hungu
Mr. HOWARD. He would probably have been hung, says the honorable Senator. I will not accept “ probably” in such a case as this. I desire to know whether there was any law on the statute book of Tennessee or anything in its constitution requiring Judge Patterson or any other judge thus elected to take the oath of office. No, sir; I apprehend, indeed, I can assert with confidence, that there was no such law. The Governor of the State had no authority whatever to make such a “peremptory order;” and so fisr as the evidence is concerned here, so far as it goes, it does not show that he was in the slightest peril at that moment; it does not show that he was under any species of duress, either by threats or actual imprisonment or constraint of any kind whatever. For ought that appears before us he took that oath as willingly, as intelligently, and as understandingly as he ever took any oath in his life, as much so as when we take the oath to support the Constitution of the U.S. as members of this body.
Mr. CLARK. Permit me to say it did not so appear to the committee.
Mr. HOWARD. I ask the committee to state what was the danger under which he was laboring and what had he to stand in fear of.
Mr. CLARK. The rebel bayonets that were about him all the time.
Mr. HOWARD. Was there amilitary force o“f rebels there ready to enforce this pretended eremtory order?”
Mr. C AltK. There was a rebel military force about him.
Mr. HOWARD. The committee sayno such thingin their report. That isamostim ortant item, let me say, if it be a fact that e was under the coercion of bayonets in case of a refusal. It is a most important fact to be stated in this report, and stil the committee have omitted entirely to say anything about it. But, sir, what I have said respecting the oath and the cocrcion has really nothing to do with the question now before the Senate. The res olution upon which we are called upon to vote declares that this gentleman is duly qualified to take his seat here. He was confessedly an officer of the State of Tennessee; Tennessee was a member of the rebel confederacy; it had its 15, its 20, perhaps its 30,000 men in the rebel ran ks making war against the Government of the U.S.; it had its entire quota of representatives in the rebel congress; it had its 2 senators in the rebel congress; and to all intents and purposes the State of Tennessee was in hostility to the government of the U.S. Now, under what authority was it that this commission issued? Under the authority of Tennessee. Was it any other authority? No, sir; but the authority of Tennessee, and that authority alone, was the one under which he was required to act by that commission. ’
Mr. CLARK. If the Senfrom Michigan will allow me at this time, as I find there may be a little objection to the form of the resolution, I will move to amend the commit tee’s resolution.
Mr. HOWARD. I shall get through my, remarks in a moment, and then I shall be very happy to oblige the gentleman.
Mr. HOWARD. It was that authority, and that alone, under which he accepted this judicial commission and under which he acted as ajudicial officer; and the oath required by the act of 1862 declares that he shall not be a civil officer of the U.S or a Senator or a Representative in Congress unless it be true, and he shall swear to that truth, that he had not exercised the functions of any office whatever under any authority in hostility to the U.S. With such a state of facts before me, facts completely undisputed and indis putable, how can I vote upon this resolution that this gentleman is duly ualiiied, according to the oath of 1862 and the Ionstitution of the U.S., to take his seat as a member of this body? However great may be my re rd for this gentleman and I certainly admire is course and his conduct as a Union man, so far as I am acquainted with it I cannot, I will not, vote a lie upon my oath in this Scuate. Now, sir, as to the applicant himself, I certainly entertain in regard to him none but the most kindly feelings. I wish the facts were otherwise than they are. I should be very happy indeed to give my vote for his admission here; but I never can do that until the statute which I have read from and which I regard nsobligatory upon my conscience here, shall he so mod ified as to enable me to vote truthfully upon this proposition. We made the law. Let us not e the 1st to break it. Letns at leastat every haZurd to ourselves personally, and at whatever inconvenience to this excellentgeutle man who is now before us, set an example to the country' for whom and over whom we are legislating. that we will be the 1st to obey the in junctions of the law.
Mr. CLARK. I move to amend the resolution of the committee by striking out all after the word “resolved” and inserting That Hon. David T. Patterson.upon taking the oathsrequired by the Constitution and laws. be admitted to a seatm the Senateof the U.S.,
The PRESIDING OFFICER, (Mr. Axrnorvr in the chair.) The question is on the resolution as amended.
Mr. SUMNER. I call for the yeas and uays.
Mr. TRUMBULL. There is one way, I think, in which we probably might vote unanimously upon this matter, and probably settle it in an hour; and that would be this: we have passed a constitutional amendment and submitted it to the people, in which is reserved to Congress the right, by a 2/3rd s vote, to dispense with the requirements made in that constitutional amendment. Now, I should be willing, actin in the spirit of that
Mr. JOH SON and others. That is not adopted.
Mr. TRUMBU'LL. We adopted it so far as Congress is concerned. I know it is not binding, and I did not mean to state it in that view; but I say, acting in the spirit of that, I would be willing and I should t link it would be much more agreeable to
Mr. Patterson, though I do not know; I cannot speak for him to adopt a JtResolution (I think we might adopt it unanimously, I trust we could,) declaring that these words, “I have neither sought, nor accepted, nor attempted, to exercise the functions of any office whatever under any authority or pretended authority hostile to the U.S., ” be suspended in the case of Mr. Patterson, elected a Senfrom the State of Tennessee to the Senate of the U.S., so that he might take the rest of the oath and be sworn in. That would preserve the law, and would do violence to no one. I presume the Senate would pass it unanimously. I do not know how others feel.
Mr. JOHNSON. The only objection to that is that y'ou cannotget it through. There is not the slightest chance of it.
Mr. JOHNSON. A single objection in the other House would prevent its being considered.
Mr. POMEROY. Say that those words shall be omitted in takin the oath.
Mr. TRUMBULL. I was preparing a resolution that these words be omitted from the oath required in the case of Hon. David T. Patterson.
Mr. JOHNSON. Then it goes to the Pros ident. Mr. NYE. eto it.
Mr. TRUMBULL. If both Houses pass it, I do not suppose there would be any hesitation in the President signing it. I make the suggestion whether that would not leave this case where we all desire. I desire as earnestly as the Senfrom Maryland to see the Gentfrom Tennessee, under the state of the case that was presented to the ComJudiciary, admitted to his seat, but I cannot do it in violation of the law.
Mr. HENDERSON. I rise merely, not to take up the time of the Senate, but to concur in the suggestion made by the Senfrom Illinois. I think it is the proper plan; and let us pass a resolution, now while the subject is up, and send it to the HoRep; Let us see if they will pass it anyhow; and if they do not then we can consider this matter again. We shall have lost nothing uny how by taking an hour to consider it. I think we had better do that in order to relieve the Senator himself when he comes to take the oath. That is my opinion.
Mr. TRUMBULL. I have not the jtresolution quite prepared. If my suggestion meets the general view of the Senate the matter can be laid aside for a moment, and I will have the resolution prepared in 5 minutes. THE METRIC SYSTEM.
Mr. SUMNER. I will ask the Senate, by unanimous consent, to take up 3 different hills which have come from the HoRep, which it is important should be acted upon, and with regs to which I think there Will be no discussion. I move, 1st, to take u House bill No. 696. '
Mr. YE. We have got a subject now under consideration.
The PRESIDING OFFICER. The Senfrom Massachusetts asks the unanimous consent of the Senate to lay aside the matter under discussion informaily, and proceed to the consideration of the bill indicated by him.
Mr. SUMNER. The metric system. These bills have been reported from the select committee on that subject.
Mr. CLARK. Let us proceed with the matter before us.
The PRESIDING OFFICER. It requires unanimous consent to entertain the motion, another subject being before the Senate. Is there any objection? '
Mr. WADE. I believe we can now take a vote on the bill which was pending when this privileged question came 11. The PR SIDING OFFICER. Being objected to, the bill of the Senfrom Massachusetts cannot be considered.
Mr. SUMNER. I desire, 1st, to take up House bill No. 696, then House JtResolution No. 140, and then House bill No. 597. These are 3 measures, all belonging to the same system, and have been carefully considered by the special committee of the Senate on the metric system of weights and measures.
Mr. WADE. If they give rise to debate I shall object.
Mr. CLARK. What has become of the resolution with re‘ard to
Mr. CONNE S. I understand that the Senfrom Illinois is preparing the JtResolution and will offer it in a moment.
Mr. CLARK. I have no objection to its I do not suppose he wduld v Kilometer, 1,000 meters. being laid aside informally for the purpose indicated by the Senfrom Massachusetts.
The PRESIDING OFFICER. There being no objection, it will be laid aside informally. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 696) to authorize the use of the metric system of weights and measures. It provides that from and after its passage it shall be lawful throughout the U.S.A. to employ the weights and measures of the metric system; and no contract or dealing or pleading in any court is to be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. The tables in the annexed schedule are, to be recognized in the const action ofcontracts, and in all legal proceedings, as establishing, in terms of the weights and measures now in use in the U.S., the equivalents of the weights and measures expressed therein in terms of the metric system; and the tables may be lawfully used for computing. determining and expressing in customary weights and measures the weights and measures of the metric system. MEASURE OF LENGTH. Metric denominationsand. MEASURES OF SURFACE. Metrie denominations and Equivalents
Mr. CRESWELL. Does the bill make the use of the system comulsory?
Mr. SUMNER. O, no; it makes it permissive. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed.
Mr. SUMNER. I now move to take up House JtResolution No. 140. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the JtResolution (H.R.No. 140) to enable the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system. It directs the SecyTreasur to furnish to each State, to be delivered to the governor thereof, one set of the standard weights and measures of the metric system for the use of the States respectively. The JtResolution was reported to the Senate without amendment, ordered to a3rd reading, read the 3rd time, and passed.
Mr. SUMNER. I now ask to take up House bill No. 597. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 697) to authorize the use in post offices of weights of the denomination of grams. It directs the PostMGenl to furnish to the postoffices exchanging mails with foreign countries, and to such other offices as he shall think expedient, postal balances denominated in grams of the metric sys tem; and, until otherwise provided by law. 1/2 ounce avoirdupois is to be deemed and taken for postal purposes as the equivalent of 15 grams of the metric weights and so adopted in progression; and the rates of postage are to be applied accordingly. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. REPORTS FROM COMMITTEES.
Mr. NESMITH, from the ComMilAffrs , to whom was referred a bill (H.R.No. 812) for the relief of John W. Taylor, reported it without amendment. He also, from the same committee, to whom was referred aJtResolution (H.R.No. 207) to pay Colonel Lewis F. Fix, reported it with. out amendment. snus'rou FROM TENNESSEE.
Mr. TRUMBULL. I have now preared the JtResolution that l desire to su mit; and as it ought to go over to the House at once, and I presume there will be no objection todt I ask for its immediate consideration. Asl have written it, I will read it with the permission of the Senate: Be it resolved.if‘c" That the words "that I have jueither soughtnor ucccpted mor attempted to exercise the functions of any officc whptever. underany tauthorit or pretended authority in hostility to the U.S." in the oath required by the “act to reseribean oath of officeand for other purposes." pproved July2.1862. be omittedt‘roin t o oath re Euired to be taken by Hon. D tVld T. Patterson, a Senator eloctfrom thestate of Tennessee.
Mr. HOWARD. I hope the Senate will ado t that amendment. L
Mr. FESSENDEN. The phraseology might be mistaken. It oughtto specify that this omission from the oath required to be taken is “in the case of."
Mr. TRUMBULL. The clerk can put in those words, “in the case of.”
Mr. FESSENDEN. Those words ought to be put in so as to confine it to this particular case.
Mr. Hows] has presented the same subject in a little different form, which he prefers and to which I have no objection, and I will offer it in that shape. It is as follows: Be it resolved.(km.That Hnn. David T. Patterson. a Senator electfrom the State of Tennessee, be admitted to his scatupon taking the usual oath to support the Constittition of the U.S and upon taking somuch of the oath prescribed by the act on titled “An act to prescribean oath of otIicc and for other‘purposes."approvedJuly 2. 1862. as is not include in the followmp words.to wit: “ that I have neither soughtnor accepted nor attemptedto exerciso the functions of any ot'fice yhat govern under any authority or pretendedauthority in hostility to the U.S." The JtResolution (S.R.No. 144) in relation to the admission of Hon. David T. Patterson to a seat in the Senate was read 3 times.
Mr. WADE. I call for the yeas&nays on the passage of the resolution.
Skip Skip The yeas&nays were ordered. Mr. KHIKWOOD. I desire to statethut my colleague [Mr. GRIMES] is absent by reason of sickness today. The question being taken by yeas and naya, resulte ycas 35, nays 2; 13. So the JtResolution was passed.
Skip Skip FROM THE HOUSE. I A message from the HoRep, by Mr. Meffisizsox, its Clerk, announced that the HoRep had insisted upon its amendments to the bill (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes, disagreed to by the Senate. agreed to the conference asked by the Senate on the disa reeing votes of the 2 Houses thereon, and ad appointed Mr. SAMUEL Hooren of Massachusetts, Mr. Jenn L. Tnouss of Maryland, and Mr. Grass] W. Scorn rm) of Pennsylvania, managers at the same on its part. The message further announced that the HoRep had passed a bill (11. It. No. 814) for the relief of the sufferers by the late fire at Portland, in which it requested the concurrence of the Senate. ADMISSION OF NEBRASKA.
Mr. SHERMAN. The Senfrom Michigan has withdrawn his objection to the pnssace of the bill for the distribution of the rewan s to the captors of the assassins of Mr. Lincoln and I hope my colleague will allow that bill to be taken n.
Mr. WADE. I object to anythin being done, unless it is in order to do it, unti a vow is taken on the admission of Nebraska”. The yeas and nnys have been ordered, and let us vote upon it. I object to anything displacin it unless it is a privileged question, which cannot resist.
The PRESIDING OFFICER. The bill (S.No.447) for the admission of the State of Nebraska into the Union is before the Senate as in ComWhole.
Mr. HENDRICKS. The pending question I believe, is on my motion to recommit the bill with instructions.
The PRESIDING OFFICER. That is the pending question, and upon that question the yeas&nays have been requested, but not, as yet, ordered. the yeas and na 8 were ordered.
Mr. WADE. his question is a question of recommitment, and every Senator who is in favor of the admission of Nebraska will vote against this motion.
Mr. HENDRICKS. This is a question to recommit with instructions to investigate the charge of fraud which has been pretty substantially proven here today. Those in favor of passing it, fraud or no fraud, adopting the analogy of the gentleman’s address, will vote against the to position to recommit.
Mr. NYEI: Ipdesire to say a single word before that question is taken. I pledge myself to be very rief. I disagree entirely with the honorable Senfrom Indiana, who asserts with so much assurance that there has beep presented here any evidence of fraud in this election. It is somewhat singular that the class of Senators who yesterday were so anxious to bring in a Senfrom Tennessee for the reason that the State wanted representation, and who so loudly claimed that the accusation that the Senator then seeking immediate admission was unable to take oath, rested upon rumor and rumor alone and the Senfrom Indiana was particularly severe upon that question today, it being a different ox that hooks, assume that these rumors in regard to frauds in the election in Nebraska are well founded, and the Senfrom Indiana tells us that the charges are well substantiated. Sir, I am at a loss to know why these objections are urged here against the admission of these new States. I cannot understand why States that come here with vir in robes, States upon whose skirts hnng none of gthe fumes or fragrance of rebellion, should be thus criticised, thus analyzed, thus animadvcrted upon, before they can be admitted into this Union.
Mr. COWAN. How old is she? She is not 18 Yet.
Mr. HENDRICKS. I do not like to interrupt a very elegant passage, but as the Senator is going 05' on to something that is very fine, I want to say to him that I did not say what he understands me to have said.
Mr. NYE. I understood the Senator to say distinctly (without any reference to fine pns sages) that this majority was very small, not large enough to be em lintic, in substance. Does the Senator deny tiiat he said that?
Mr. HENDRICKS. If the Senator under takes to answer an argument he should answer it exactly as it was stated. I said that the reported majority of 100 ought not to control our action here when there is on averment of fraud; that if the charge of fraud extended to a small vote and the ma'ority reported was large, then it would be a di crent case.
Mr. NYE. I submit that I have done the Senator no wrong.
Mr. HENDRICKS. I did not say that a majority of one vote would not be sufficient if it was established.
Mr. NYE. I am willing to except Vermont. original question was up on the admission of Vcrmout, more perplexing questions might arise. [Laughter]
Mr. DOOLITTLE. If the honorable Sen. star will give way, I should like to more an executive session. It is necessary to have one. There are important nominations which should be referred to the appropriate committees.
Mr. NYE. I am not going to occupy more than n moment.
Mr. DOOIJTTLE. If we can have a vote, I do not wish to interrupt the Senator.
Mr. NYE. The Senfrom Wisconsin had all last night to himself to fix up executive matters. I Laughter.].
Mr. DOOLITTLE. Too much to myself, I“admit; but it is necessary that this business should be attended to if we expect to adjourn today.
Mr. NYE. Sir, the necessdies of the question under consideration are not overshadowed by the nccessilics of the appointment ofany man to office. it is a question of whether a new State shall be born into this Union; andI submitthat that question is far higher and greater than the question of who shall be postmaster at Chicopee or anywhere else. [Laughter] Now, Mr. President, any evil that could re snlt from the word “white” has been cured to a rest extent by the civil rights bill. That bill has clothed every man with citizenship; and I agree with what was said when that civil rights bill was under consideration by the Senfrom Delaware, now absent, [Mr. Swrsnunv.) that the judge was yet living who would declare under it that every born citizen of this country had a right to vote. I repeat it, air that when that civil ri his bill was passed it did away with all qnib les upon this word “white, H and the man Who is clothed in the liabiliments of citizenship will yet be declared by the highest judicial tribunal of this country entitled to cast his vote if we never legislate another bill about it.Mr. EDMUNDS. Does the Senator mean in spite. of this constitution, ifitis adopted? i
Mr. NYE. Yes, sir; I mean in spite of all constitutions.
Mr. EDi‘vI'UNDS. You arein favor, then, of admitting a State with a constitution which is unconstitutional in itself, if I may use such an exiression.
Mr. NYE. I think it does not. I do not so understand it, with all respect for the legal hair splitting of my distinguished friend. Let me say in answer to the gentleman, who seems to sit down so satisfied with his inquiry to me, that the constitution of the State of Nevada provides that U.S. Senators shall be elected on a certain day and in a certain manner in the State of Nevada. Yesterday a bill was passed through both Houses of Congress prescribing the mannerin which U.S. Senators shall be elected in all the States. Will the Senfrom Vermont tell me whether that law will prevail in Nevada or the prevision of the State constitution?
Mr. EDMUNDS. I will tell the Senator with great satisfaction. The Constitution of the U.S. confers exress power upon this Congress to override all. tote constitutions and laws by an express grant of power on that very point. Therefore anything contained in the constitution of Nevada or any other State does not touch the question when we come to act upon it. I thinh that is perfectly plain to an Ybody.
Mr. NYE. I thank the Senator for his very truthful admission I knew it before he told me that the laws of Congress override State constitutions and laws.
Mr. NYE. Certainly. I concede to that; and so I concede and assert the other thing. that when the SCOTUS declares under the Constitution that every citizen is clothed‘with the right of the ballot, that overrides your State laws and constitutions; and I should like to see the Senator split upon that. [Laughter]
Mr. EDMUNDS. That is not the rock on which I have split.
Mr. NYE. Now, Mr. President, if senators around me had left me alone, I should have been through long ago; but my conscientious friendfrom Massachusetts, I am terri bly afraid, mistakes twinges of dys cpsia for constitutional scruples. [Laughterfl
Mr. SUMNER. I never had the dyspepsia. in my life.
Mr. NYE. I am glad to hear it; it is some other disease then. [Laughter] This word “white” is the nightmare of his mind; but even his own State a State that I honor and respect does not let all the black people vote, nor all the white pen is either. 'It requires them to be able to read and write. My friend, being so learned, thinks that the standard of manhood. Sir, to all this squeamishness I object in {010. I can well account for the opposition coming from the other side. They do not want 2 Republican Senators here. If Nebraska had sent 2 of a different color, they would have viewed this case altogether differently. My friendfrom Wisconsin [Mr. Doou'r'rLE] would not have made a labored argument against. the admission of Nebraska if she had sent here 2 Senators to support “my policy.” Sir, these doubts and these objections that are raised rest upon 2 things that I do not acknowledge. The one on the other side rests in a political idea, not a principle; the one on this side from a conscien tious scrupulousness that ought not to exist. It would take the magnifying power of the strongest microscope on earth to scrape n I a conscience so fine as should scruple on this question. Mr. President, I insist upon it that this vote shall not be postponed, but that it shall be taken now. Every man who desires to broaden the base of this Republic, to set new stars in the national galaxy, youthful, vigorous, that have come through this war purged in the very fires of purification, should vote to admit those States; and I will say to my Democratic friends on the other side that just as fast as they will bring men here with loyal principles, backed by a loyal constituency, I will vote to take back the rebellious States though their sins be as red as scarlet.
Mr. SUMNER. It seems to me that the proposition of the Senfrom Indiana is entirely reasonable. He has given us a glimpse of at least a ssible fraud in the votes by which this Territory undertook to change itself intoa State, and the excellent chairman of our committee, when interrogated on the subject, had no positive information which he could give in reply. Under the circumstances, there ore, I think we ought to send this again to the committee that the committee may give us the information which the chairman was not able to give." But there is one point in this matter to which I have not heard attention called, and on which I should like light from the chairman of the committee. I do not understand how the constitution of Nebraska comesbefore us now. Has it been communicated to us by any mes sage of the President? Has the President invited our consideration of this question 7 It will be remembered that the question of colorado came before us on especial message from the President transmitting the constitution and inviting for it the consideration of oogress.
Mr. BUCKALEW. If the Senator will per mit me to interrupt him
Mr. SUMNER. Certainly; I should like to have information on that mat.
Mr. BUCKALEW. The President also communicated officielly information in cannection with his message He gave us the particulars of the proceeding and explained how the constitution came to be ado ted.
Mr. SUMNER. But we have no information from the Executive in the case of Nobrnska. It is on that that. I make my appeal to the chairman of the committee. We all know that.the case of Colorado was initiated in this body on a special message of the President communicating to us the constitution and and also setting forth the circumstances at tending the adoptionof the constitution. From that we express learned how the constitution was adopted. We saw the flaw in the proceedings. We had them all before us; and it was then that the Senate entered into a consideration of them. Now, we had no such information with regard to Nebraska. I should like to know how these papers come before us. What evidence have we on this subject? Certainly there is none that has been laid before us officially. The chairman of the committee may have apers in his drawer. He may have received) by the mail communications possibly from the Governor or from other persons; but there has been no official communication made to the Senate on the subject. There is nothing official on which to base these proceedin s; and yet, in the absence of any tbing of l at nature, we are asked to drive post haste this bill through the Senate in this last day of the session, when the honorable chairman himself is not possessed of all the information with reference to the character of this election. There is another circumstance which, it seems to me, is an unanswerable argument for the reference of this question to a committee. wish a committee it may be that of the Senfrom Ohio but I wish a committee to take this whole subject into most careful consideration, to look into this question of fraud, to report to us positively the number of votes cast, the majority, and the circumstances at tending the election, and otherwise to give us official information on the whole subject. At present we have no official information. All this, it seems to me, is an unnswerable argument for the reference.
Mr. WADE. I do not wish to prolong this discussion, because I know very well where all the opposition comes from, and I know very well why it comes from the quarter that it does. The Senfrom Massachusetts has a certain one idea that covers the whole ound. He says the papers are not official. will not say that the Senator is not honest in the Opposition that he makes to this measure. All the opposition that he really has to it is because they ut. the word “white” in their constitution. if they had not done that the papers might have been official or unofficial and he would have been as strong an advocate for it as I am; but that being his real objection, he runs around into the circuit of imagination to see if he cannot drum n something as a make weightugaiust the admission of this State. He says we have not sullieientinformation; thereis some terrible mystery brooding over it. Sir, I never expect to harm the information that will enable me to answer' all that the imagination of the enemies of this measure can conjure up. You have nothing impeaching these proceedings not the 1st thing.
Mr. WADE. His name was Gibbs, was it not?
Mr. DOOLITTLE. His name was Gibbs. He has lived in Nebraska since 1854. He was Speaker of the House in Nebraska in 1857. It is true he was appointed marshal of the Territory of Utah by Mr. Lincoln, but his term has expired, and he has returned and now resides in Nebraska, at Nebraska City, and knows all about the facts; and I say to the honorable Senator that he is a reliable gentleman.
Mr. WADE. Iam not impeaching Mr. Gibb! at all. I believe he told me the truth when he said that the people of Nebraska were in favor of this measure, and that he had also been an advocate for it himself, and was now. He told me so today. He hunted me out to tell me so. I did not know him before. You invoke him as a witness against this admission, that it is all tainted with fraud, and you pledge your honor that the facts you state are facts, when he says to me that he picked them up from other sources!
Mr. DOOLITTLE. The gentleman for whom I pledged my honor was a captain of one of the companies of the 1st Nebraska regiment who stated to me that 2 of the companies of that regiment were raised in Iowa and the soldiers of those companies voted in over of this constitution while they were in the the ffltO? of Nebraska; that those some soldiers vote, on a commission from Iowa, for Governor Stone at Fort Kearney, in Nebraska; that subsequent to this voting they have been mustered out and have gone home to Iowa where they reside. say that for his statement, stated to me upon his own knowledge, I do vouch for his honor as a man and a.soldier.
Mr. WADE. I am not going to impeach the honor of any gentleman’s testimony as introduced here, because I know nothing of him. I only know that Iam treading in an illegitimate path when I even attempt to repel before this enlightened Senate such insinuations. I know this Senate is composed of legal gentlemen who know how much weight to attach to these rumors, coming generally from sources interested or without an authority at all. I know you will attach no importance to them, and I feel that Iam trespassing upon the indulgence of the Senate while I stand here to repel such charges. I know there is not a Senator here who will act upon the mere insinuation that there is fraud. But the Senfrom Massachusetts, says that the documents to which I appealed are all illegitimate because they do not come through that most loved source of his, the POTUS. If they had only come through that are fountain, he would have been satisfied in a moment; he never would have got up from his seat nor raised his voice; but he says, why on earth, if this thing is pure and legitimate, did it not come from the POTUS 7 Then I would have been satisfied. Sir, pure as he is, he had no business with this matter at all. They sent to the chairman of the ComTerritor a certified transcript of their proceedings and I presented it to the Senate, and the Senate referred it to our committee. Is not that authentic? Do you want the President to back it?
Mr. SUMNER. I would rather have your backing than his.
Mr. WADE. lVcll, sir, you have my backing, but you disute that. Now, sir, I have said enough. The people of Nebraska do not ask nor need the counsel of gentlemen from other States. With all the powerin their hands to detect fraud, with all the power to protest before this body that they are not satisfied with the votes cast, not a single man from Nebraska has made his protest upon this record.
Mr. DOOLITTLE. pon this point, which the Senator has so often repeated, that I am volunteering to be the counsel of the people of Nebraska, I have only to say that I stand here as 0.Senator representing one of the States of the U.S., and I suppose that the U.S and all the States have an interest in the question as to whom we admit into the Union, and whether we shall admit additional representatives into this Chamber to take part in our deliberations. We have just as much interest in the question as they have, and I' have a right to speak as a Senatorupon it.
Mr. POMEROY, (to Mr. WADE.) Let us vote.
Mr. FESSENDEN, (in his seat.) Mr. WADE has made 5 speeches on this subject already.
Mr. WADE. Well, sir, I have been chal lenged with 500 as groundless as they are numerous. I have not grumbled at other people, and I have not occupied one hour in this Senate where other gentlemen have occupied days. I have had strong convictions upon a great many questions that have passed through here on the records and been voted upon, and I have waited to hear the intelligent arguments of gentlemen a great while when I have had strong convictions that those arguments, perhaps, were not as well founded as they ought to be, but I generally contented m 'self with voting, as the Senfrom Maine nows. I amvery rarely provoked or moved to do anything more than attest my sense of any question by the vote that I give; but on this question I have been met from all sides with the merest rumors and figments of the imagination thrown in here against the stubborn facts that have been sent to us as the foundation of our action, and I would have been recreant to the people of Nebraska if I had not stood forth to vindicute their character against this imputation of fraud without. evidence. The people of Nebraska ask no such advocacy as the Senfrom Wisconsin has offered, and I therefore say that the gentleman is a vol unteer, because this is partl at least a more local question, and although e has a right to vote upon it and a right to argue it, he has no right to bring in mere rumors unsupported by fact in order to postpone these people from participating in this Government when it is their interest to do so. Now, sir, I do hope that we shall have a vote.
Mr. WILSON. If Senators are ready to vote I will not insist upon it; but, otherwise, Iwant to take up a little Army resolution that should be acted n on at once.
The PRESIDI G OFFICER. The question is on the motion of the Senfrom Indiana to recommit the bill to the ComTerritor, with instructions to inquire into the number of the population of the ferritory and the fairness of the vote adopting the constitution. The question being taken by ycas&nays, resulte ycas '18, nays 22; 10. So the motion was not agreed to.
Mr. SUMNER. I send an amendment to the Chair to come in at the end of the bill.
Mr. WILSON. I ask unanimous consent to take up a little resolution in regard to the Army, which it is important should)ass. I do “ not see any prospect of gctting rid 0 this question, and l have been waiting for 2 hours to call up the resolution. Mr. WADE. I object.
The PRESIDING OFFICER. Objection being made the resolution cannot be enter tained. The question is on the amendment of the Senfrom Massachusetts, [Mr. Sun ssa, ] which will be read.
The Secretary read the amendment, which was to add at the end of section 2 the following proviso: Provided, That this actshall not take effectexcept uponthefundamentalconditionthatwithin thoState thereshall be no denial of the elective franchiscor ofuny other right on accountof color or race; but allpersons shall beequalbeforetholaw; and the people of the Territory shall by n.majorit of the vot ersthercin, at such placeand under sue regulations as shall be prescribedby the Govcruor thereof, de clnre their assentto thisfundamentalcondition: and the Governorshall transmit to the POTUSan authentic statementof such assent wheneverthe same shall be given, upon the receipt whereof. he shall, by proclamation. announce the fact: whereupon. without any further proceedings on the part of Congress, this act shall take effect.
Mr. SUMNER called for the yeas&nays on the amendment, and they were ordered; and being taken, resulted yeas 5, nays 34; 11. So the amendment was rejected. The bill was reported to the Senate without amendment orderengross for a 3rd readin, an was read the 3rd time. '
Mr. UMNER. Let us have the yeas and no. s on the final passage of the bill. flie yeas&nays were ordered; and being taken, resulted yous 24, nays 18; 8. So the bill was passed. RELIEF or ron'rmxn SUFFERERS. The bill (H.R.No. 814) for the relief of the sufferers by the late fire at Portland, was read twice by its title.
Mr. FESSENDEN. I should like to have that bill taken up and acted upon now. It is very short, and I presume there will be no ob. jection to it. By unanimous consent the Senate, as in ComWhole, proceeded to consider the bill. It provides that all goods, wares, and merchandise, which may be sent from places without the limits of the U.S. as gratuitous contributions to the relief of the sufferers by the tire which occurred at Portland, Maine, July 4, 1866, shall, when imported at the port of Portland, and consigned to the proper authority for distribution, be admitted free of duty. It also provides that there shall be allowed and paid, under such regulations as the SecyTreasury shall rescribe, on all materials actually used in buildings erected on the ground burned over by the fire, a drawback of the imported duties paid on them, if the materials shalfbe imported at the port of Portland during the term of one year from and after July 5, 1866. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. DUTY ON IMPORTED WOOL. The bill (H.R.No. 793) to provide increased revenue from imported wool, and for other purposes, was read twice by its title. he PRESIDING OF ICER. The bill will be referred to the ComFinance. lIlMr. HOWE and others. Let it lie upon the ta e.
The PRESIDING OFFICER. It will be laid on the table if there be no objection. STATUE OF ABRAHAM LINCOLN.
Mr. HENDRICKS. I move to take up House JtResolution No 197. It is a little matter that will take no time.
Mr. HENDRICKS. The title of it is “A JtResolution authorizing a contract with ilnnie Ream for a statue of Abraham Lin co n." '
Mr. FESSENDEN. As this is the last day of the sesaion, and we shall probably have to sta here all night, I hope we shall have a recess, and the time has now arrived for that purpose.
Mr. SUMNER. I hopethe resolution named by the Senfrom Indiana will not be taken 11. pMr. WILSON. I wish to call up a resolution in regard to the Arm, and have it passed.
Mr. HENDRICKS. 1h motion is to take up House Jtresolution 0. 197.
Mr. WI.SON. I hope that will not be done.
Mr. FESSENDEN. That is undoubtedly a matter that will be pretty thoroughly debated, and if gentlemen are willing to stay here and lose their dinners in order to debate it, very well.
Mr. SUMNER. I hope it will not be taken up. Can the motion be in order?
The PRESIDING OFFICER. The motion is in order.
Mr. SUMNER. I will ask if it has been referred to a committee.
The PRESIDING OFFICER. The Chair is advised that it has not been.
Mr. CONNESS. I hope the Senate will decide the question by a vote. They can do i' in that we as well as in any other.
Mr. WI SON. I move to amend the motion of the Senfrom Indiana so as to take up a resolution relating to the Army.
The PRESIDING O iFICER. That motion is not in order. The motion is not to postpone pending business to proceed to the cousi eration of the resolution, and therefore the motion of the Senfrom Massachusetts is not in order, in the opinion of the Chair. The question is on the motion of the Senate/i; from Indiana. The motion was agreed to; there being, on a division ayes 20, noes 7. RECESS.
Mr. FESSENDEN. I move that the Senate take a recess until half past 7 o’clock.
Mr. DOOLITTLE. I ask the Senator to allow me to have an executive session for about 5 minutes, so that the messages that have been received can be referred to the appropriate committees, and then this will come up in order.
The PRESIDING OFFICER. The question is on the motion to proceed to the consideration of executive business. The motion was not agreed to ayes 9, noes not counted.
Mr. FESSENDEN. I now renew my motion to take arecess until halfpast 7 o’clock.
Skip Skip The question being put, there were, on a division ayes 18, noes 17; and the Presiding Officer declared the motion agreed to. Mr. CRESWELL. I call for the yeas and no s. Mr. FESSENDEN. You cannot have the yeas&nays after the vote is declared. Mr. TRUMBULL. They were called forin time, if the Senator insists upon it. Mr. CItESWELL. I call for the yeas and na 5. Mr. FESSENDEN. The vote had been declared. The PRESIDING OFFICER. The Chair thinks it is in order for the Senator to call for the yeas&nays if he chooses to do so, but the vote had been declared. Does the Senator ask for the yeas and Mr. CHESWELL. naysd?o. The yeas&nays were ordered; and being taken, resulted yeas 23, nays 17; So the motion was agreed to; and the Senate accordingly took a recess until half past 7 o’clock p. m. EVENING SESSION. The Senate reassembled at half past 7 o’clock p. m. PROMOTION OF WOUNDI'IDNAVAL OFFICERS.
Mr. ANTHONY. The chairman of the ComNavAffrs [Mr. GMMES] has been obliged to leave on account of illness, and he has asked me to report back for him from that committee, and to call up House bill No. 667, to prevent officers of the Navy from being deprived of their regular promotion on account of wounds received in battle, and for other purposes, which I am sure will meet the assent of every Senator. I ask for its present consideration.
Mr. CONNESS. There is unfinished business.
Mr. ANTHONY. This will take but a moment. There will be no objection to it.
Mr. CONNESS. With the understanding that the unfinished business shall lie over informall, I will not objeet.
Mr. NTHONY. hat is all I ask; that it be laid aside informally to take up this bill.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnnusos, its Clerk, announced that the HoRep had passed a resolution extending the present session of Congress until halfpast 4 o’clock on Satur day, July 28, in which the concurrence of the Senate was requested. The message further announced that the HoRep had agreed to some and disagreed to other amendments of the Senate to the bill (H.R.No. 737) making appriations for sundry civil expenses of the Gov'ernment. for the year ending June 80, 1867, and for other purposes; and had agreed to other amendments of the Senate, with amendments, asked a conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. Tnsnnnus Srnvsxs of Pennsyl vania, Mr. JAMES F. Wilson of Iowa, and Mr. F. 0. LE Btoxn, of Ohio, managers at the same on its part. CIVIL APPROPRIATION BILL. The Senate proceeded to consider its amendments to the bill (H. H. No. 737) making appropriations for sundry civil expenses of the Government for the year ending une 30, 1807, and for other purposes, and the amendments of the House to the amendments of the Senate to the said bill; and On motion of Mr. FESSENDEN, it was Resolved.That the Senate insist upon its amendmentsdisagreedto by the HoRep and disagreeto the amendmentsof the Houseto the amendmentsof the Senate to the said bill, and agree to the conferenceasked by the House on the disagrecingvotes of the 2 I Ordered, house.thereon. That the conferecson the part of theSonate beappointedby the President protemorc.
The PRESIDENT protempore appointed Mr. SHERMAN, Mr. Fsssmmns, and Mr. ] ons son managers on the part of the Senate. ROBERT BALDWIN.
Mr. POMEROY. The ComPubLands, to whom was referred the bill (H.R.No. 693) for the relief of Robert Baldwin, have directed me to report it back without amendment and recommend its passe e.
Mr. HENDERSON. Do you as for its present consideration? d Mr. POMEROY. I did not, but I will now 0 so.
Mr. WILSON. I have several reports and bills from the ComMilAffrs that I want a few minutes to act upon, and I would be very much obliged to the Senate if they would ive me a few minutes now.
Mr. POMEROY. I should like to have unanimous consent to pass the bill I reported just now.
Mr. WILSON. I have got several measures which it is important to act u n.
Mr. POMEROY. The bil to which I refer merely proosesto issue a patent for a few land warrants whiich were lost in the mail.
Mr. FESSENDEN. There are general hills which it is very important to pass before we adjourn, and we ought to devote our time to those.
Mr. HENDERSON, [to Mr. Ponnnorj Let it be passed over for a few moments.
Mr. POMEROY. I do this at the suggestion of the Senfrom Missouri, who feels adecp interest in the bill. The land warrants were lost in the mail, and it is merely proposed to allow patents to issue.
Mr. HENDERSON. I desired to call up the bill, as it is of some little importance to a constituent of mine, but if gentlemen desire it I have no objection to its going over.
The PRESIDENT protempore. The bill will be laid aside. DB. ALEXANDER nUNBAii.
Mr. WILSON. I am directed by the ComMilAffr and the Militia, to whom was referred the JtResolution (H. It. No. 203) authorizin the SecyWar to contract with Dr. A exander Dunbar, to report it back withoutamendment; and I should ike to have it put on its passage. It is important to act upon it. There being no objection, the Senate, as in ComWhole, proceeded to 00. sider the Jtresolution. t directs the SecyWar to contract, on such terms as in his discretion he may think fair and reasonable, with Dr. Alexander Dunbar, for the use by the Government of his alleged discovery of a mode of treatment of the diseases of the horse’s foot, and for his services for one year in instructing the farriers of the Army in such treatment; the amount agreed upon to be paid out of the fund already appropriated for the purchase of horses or general support of the Army. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. COLORADO MILITIA CLAIMS.
Mr. WILSON. I am also directed by the ComMilAffrs , to whom was referre House JtResolution No. 200, to report it back without amendment; and I ask that it be put upon its passage. There being no objection, the Senate, as in ComWhole, proceeded to consider the JtResolution (HR.No. 200) authorizin the SecyWar to settle with the Territory of Colorado for the militia of said Territory employed in the service of the U.S. in the years 1864 and 1866. The SecyWar is authorized by the JtResolution to settle with the proper authorities of the Territory of Colorado, for the services of the 1st regiment of Colorado mounted militia, called into the service of the U.S. on the requisition of Colonel Thomas Moonlight, in the year 1865, and for the services of any other militia forces of the Territor which were employed in the service of the U.S. on the call of the Governor of the Territory in | the year 1864, allowing in such settlement all amounts paid by the Territory to the troops for pay, use of horses, clothing, and other proper allowances during the time when they were actually in service; and that he report the amount found to be justlydue to the crritory on such nccount to Congress in December next. The Jtresolution was reported to the senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. TRANSPORTATION TOBIAIDIED SOLDIERS.
Mr. WILSON. I wish now to call up the bill (H.R.No. 792) to authorize the secyWar to furnish transportation to discharged soldiers to whom artificial limbs are furnished by the Government. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It directs the SecyWar to furnish to discharged soldiers of the U.S., who have been disabled in the service, as well as to those not yet discharged, transportation to and from their homes and the pihce where they may he required to go to obtain artificial limbs provided for them under authority of law. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. Tllllt TI IENTH COLORED HEAVY ARTILLE‘RY.
Mr. WLSON. I am directed by the ComMilAffr and the Militia, to whom was referred the JtResolution (H.R.No. 201) for the relief of the odieers of the 13th regiment U.S. colored 'hcnvy artillery, to report it‘back and move that the committee be discharged from its further consideration, it having been incorporated into a general law. The committee was discharged, and the JtResolution indefinitely postponed. COLLECTORS OF CUSTOMS.
Mr. MORGAN. I desire to state that there is a vacancy on the committee of conference on the bill IS.No. 400) to fix the compensation of certain collectors of customs, and for other purposes, in consequence of the absence Iof the Senfrom Maine, Mr. Moauus.] move that the Chair supply the vacancy. The motion was agreed to; and the President protempore appointed Mr. Hows. U.S. ARMY.
Mr. WILSON. I now move to take up senate JtResolution No. 142. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the JtResolution (S. It. No. 142) respecting the Army of the U.S. It declares all laws and parts of laws enacted since the 4th of July, 1861, increasing, re organizing, or creating regiments staff corps, or other organizations of the reguiar Army, or in any way affecting the number, rank, pay, or emoluments of the choral, field, staff, and line officers and culiste men, to be in full force and elfect, and so to remain until otherwise provided by law.
Mr. HOWARD. I wish to inquire of the Senfrom Massachusetts what effect this brief but very important measure will have upon the pay and emoluments of officers. The purport of it is to continue in full force all the ewe that have been passed by Congress since July, 1861, up to the present time.
Mr. WILSON. A l the laws that are now in force. Of course it does not refer to those that have been repealed or modified.
Mr. HOWARD. My inquiryhns direct reference to the pay of the others of the Army. Has not that pay from time to time been altered in amount?
Mr. WILSON. If we had slow that paid them so much, and then passed a law fixing another price, ofcourse the last one is the rule I and not the other. This resolution refers to I all existing laws. Those old laws are not existing laws.
Mr. HOWARD. Of course every subsequentact that is inconsistent with the previous act repeals or modifies the vious act. I am well aware of that what, then, is the necessit of this enactment?
Mr. ILSON. I will tell the Senator what the necessit is.
Mr. HO ARI). That is what I want to know.
Mr. WILSON. Every staff dept, I think, of the Army goes to pieces, unless we have some legislation on the subject the Army itself, the Bureau of Military Justice. the Engi neer corps, ke. We passed several laws on larging these depts of the Army, to expire at the close of the war; and what we wish to do now is simply to preserve the Army just as it is in case we can have no general legis‘ Iation, to preserve the body of the Army and the laws now in force until the next session of Congress.
Mr. WILSON. If we pass the Army bill this will not be necessary; at if not. we want to take care of what we have got, and we must do it.
Mr. HOWARD. I am perfectly satisfied with that explanation, and it was that expla nation thnt I desired.
Mr. I'IOWE. I wish to suggest to the chair man of the Military Committee that his resolution, as he has drawn it, may have a much more extended operation than he explains as being desirable. It does not simply continue in force existing laws, but it gives force to all the laws, if I understand the reading of it, that we have enacted since lolll nll laws and pgrts of laws, whether they have been repealed retofore or not.
Mr. WILSON. No. The resolution is simply this: all laws passed since the 4th of July. 1861, that are now in force are to be continued for a few months longer, until otherwise ordered. '
Mr. KIRKWOOD. The words “now in force” are not in the resolution.
Mr. WILSON. If that is so I have no objection to utting them in.
Mr. TRUMBULL. It is very manifest that if the Senfrom Massachusetts intends what he says he has got here a resolution thatis very much broader. During the war we vested the President with very large authority; we increased the staff of the general officers very largely. Now, what is this resolution ‘1 That all laws and arts of laws enactedsince the 4th day of July. 186, increasing. reorganizing or crentinu regiments. stnff corps, or other organizations of the regular Army or in any wnvnlfcotm the number.runk, pay, orcmoluments of the genera, sfiaemlde. s, btea, ff and line ullicers, and enlistedmenof the and the same are hereby. Declared to bein full forceand effect, and so toremninuntil otherwise provided by law. It reiiuncts every law passed since 1861. It reiinacts the laws authorizing the calling out of 100s of 1,000s of men. it is notn provision that the laws now in force shall be continued; it is a provision reviving all the acts that have been repealed. Certainly such { a proposition as this ought not to pass.
Mr. CONNESS. The insertion of 3 or 4 words will correct it.
Mr. TRUMBULL. I should like to know if this JtResolution which we are amending here in the Senate has been considered in 00111‘ mittee.
Mr. WILSON. Yes, sir, it has been examined by the members of the committee.
Mr. TRUMBULL. Certainly such a resolution as this re'cnocts every act that has been passed during the whole of this warin relation to the Army; and I should like to know if the Slcnate of the U.S. is prepared to do tint.
Mr. CONNESS. In the 4th line of the resolution, after “ 1861, ” I move to insert the words “ and now in force;” so thatit will read:' That all laws and parts of laws enacted since the lth dnyof July. 1&51. anndow "I force, increming. reorganmnz or creatingregiments.ke.
Mr. TllUMBULL. If that amendment be inserted the laws which have expired or been i repealed wiil not be re'cnncted, I suppose; but still this is a very unsafe way of lo islnting. It seems to me it would be a great cal better to state the laws, whatever they are that should be continued in force; and if the Senfrom Massachusetts cannot do that, then we are passing a law without knowingwhat we are doing. Now, I appeal to Senators, do you understand what you are re'enacting?
Mr. TRUHBULL. The members of the Military Committee ma;I do not. I should like, then, to inquire i under this resolution the authority now continues for the POTUS to establish military courts and military commissions, and the authority to create new regiments, to reorganize the Arm, to create staff corps. This is all specified icre: daAyll laws and parts of laws enactedsince the 4th ofJuly, 1861, incrensinc, reorgunrzrng, or creating regiments.ke. What laws have we had increasin regiments since 1861? I do not know what trey are.
Mr. WILSON. We are now legislatin. not for volunteers, but for the recular rmy. ese laws:1 ply only to the re u ar Army.
Mr. RUMBULL. Then say so. The res olution does not say so.
Mr. WILSON. The Senator is mistaken. We are legislating about the regular Army, and not for the volunteers.
Mr. LANE. Certainly it does say the regular Arm.
Mr. TRUMBULL. No, sir, it does not say “the regular Army." There is nothing of that kind in the resolution. Itopplies to the volunteers, and everythin else.
Mr. WILSON. he Senator is greatly mistaken.
Mr. TRUMBULL. Let us read it. There is no use in disputing about words. The resolution is before me, and I propose to read it. After a pause] On reading it through, I see in the 6th line that it is limited to the “or ganizations of the regular Army.” Those words escaped me as I 1st cast my ecover the resolution. Then it does not app y to the volunteer organizations, and, of course, is not so extensive as I supposed it might be; but still I do not know what the effect of it will be.
Mr. WILSON. The Senate have tosseda bill covering every part of our Arniy, the staff and everything else, and which corrects all this legislation, and puts itall right; but it has not sued the HoRep. If the Senate would like to pass that bill in lieu. of the House bill, and send it to the House again we have already passed it twice I should be very glad to do it, and let us see whether they will mks it in lieu of this. In that bill everything is set forth, every dept, staff Mr. TRUMBULL. That is the bill for the reorganization of the Army, I understand?
Mr. WILSON. Yes, sir. Wc have not succeeded in passing it. This resolution is gotten up to keep the Army from going to pieces; for as soon as peace is declared. nearly every staff corps of tie Army is changed by law. We legislated during the war increasing the stnff corps and providing for other matters pertaining to the Army, until the wnr was over. Peace has not been officially declared, and therefore they are held together; but it is important to pass this resolution. 'With 2 or t iree little amendments that l have, and which are nbso lately necessary, I should like to have the res olution passed.
Mr. HARRIS. I desire to say a word about this resolution. It is quite evident that the Senfrom Illinois did not know what he was speakine about, and he got himself unnecessarily n. armed about an imaginary difficulty. Now, the fact is that by several acts of Congress the Arm has been greatly enlarged during the war. inc regiments of infantry have been added to it, a regiment of artillery and a regiment of cavalry. The provision of law is that those regiments shall cease to exist at the termination of the war.
Mr. HQWE. I ask the Senator ifhc is not i mistaken on that very point.
Mr. HARRIS. Certainly not. Unless there is some legislation the Army will go to pieces at the end of the war; it will be broken up. Now, we have failed to pass an Army bill. A committee of conference laboring at that matter have reported that they are unable to agree. We are about to adjourn. If we do adjourn these 9 regiments of infantry, the regiment of artillery, the regiment of cavalry, and the staff corps must be discharged at the end of the war. I suppose it is to terminate verysoon. The object 0 this resolution and with little amendment proposed by the Senfrom California that o ject is accomplished is to continue the existing laws in relation to the Army until we can meet again and pass an Army bill. That will be effected, undoubtedly, by this resolution.
The PRESIDENT protemporc. The question is on the amendment of the Senfrom California to insert in line 4 the words “and now in force.”
Mr. WILSON. I move further to amend the resolution by adding the following as additional ections: SEC.2. Abif resolved.That.there shall be added to the army 4 regiments of cavalry. 2 of which shall be composed of colored men having the sumo organization as is now prov|dod by law for cavalry regiments. And the original vacancies in the nodes offlrst and 2nd lieutenant shall betilled by suenlteccetrison from among the oliicers and soldiers of vol and 2/3rds of the Oflglnlll vacanciesin eachof the gradesabovethatof 1st lieutenant shall be filled by selection from among the officersof volunteers, and 1/3rd irom officersof the regular Army. all of whom shall have served twp yearsin the field during the war and have been distinguished for capacity and good conduct. And the President gs hereby authorized to enlist and emplo in the Torritories and Indian country a forceof ndians not to axe 1.000 to act as scouts.who shall ro ceivo the pay and allowancesof cavalry soldiers and be discharged whenever the necessityfor their further employment is abated or at the discretion of the depteommander. SEC.3. Abif resolved. That section 3 of the not approved Febriinry 20.1863.authorising the appointment of a Splioitor of the War Dept be, and the someis hereby. repealed.an the Provost Marshal Genorafsofficeand bureaushall be continuedonly solong astho SecyWar shall deem necessary.not exceeding 30 daysafter the passageof this resolution. SEC.4. Abif resolved.That the 3rd section of the not entitled " An act makinir appropriations for the support of the Army for the year ending 30thofJune.186(i." shall continue i nforcefor ope year from the passageof this resolution: Pro winadkeindd That no officer wh0is furnishedwith quarters shall be entitled to receive the increased commutation of rations hereby authorized.
Skip Skip The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendments were concurred in. The JtResolution was orderengross for a 3rd reading, was read the 3rd time, and passed. PROTECTION OF THE REVENUE.
The PRESIDENT protempore. The question is on agreeing to the rtaport of the committee of conference just res. The report was concurred in.
The PRESIDENTpro tempore. That closes the lilileSllon upon the disagreeing votes of the 2 house., but the committee recommend a change in the text of the bill. The proposed change will be read.
The Secretary read as follows: The committee recommend that the text of the bill be amendedby striking out thoword:' 1st." in line one.pagol ofsaid bill and inserting in lieu thereof the word “10th.”
Mr. CLARK. The effect of that is merely to at off the operation of the law until the ltlt instead of the 1st. We have got so near the 1st that the committee thought we had better put it off a little longer.
The PRESIDENT o tempera. The question is on thus amending the text of the bill. Is there any objection to this change? It requires the unanimous consent of the Senate, in the opinion of the Chair, to make the change in the text of the bill. No objection being made. it will he understood as the unanimous will of the Senate that that alteration be made in the text of the bill. STATUE OF ABRAHAM LINCOLN.
Mr. CONNESS. I hope the Senator will now allow me to call up the unfinished business. It will occnp but a moment.
Mr. CONNESS. I call for the unfinished business which was laid over informally.
The PRESIDENT protempore. The Senfrom California calls for the unfinished business which was laid aside by common consent, and it must be taken up unless common consent is still given to its being laid aside. The unfinished business is before the Senate, being the JtResolution H.R.No. 197) authorizing a contract with innie Ream for a statue of Abraham Lincoln.
Mr. SUMNER. Before that is taken up, I wish, with the consent of the Senator, that I might be allowed to put a JtResolution on its assagc. h
Mr. CONNESS. This will only occupy a moment.
Mr. SUMNER. It will be debated. CONNESS. Not ifyou do not debate it.
Mr. CONNESS. Let the Senator debate it now. I shall not give way in that case.
Mr. SUMNER. I merely wish to put aJtResolution upon its passage that Will take no time.
Mr. CHANDLER. I ask my friendfrom California to give way for a moment to allow me to call up.
Mr. CONI ESS. I cannot give way to the Senator, after having refused another Senator.
The President I‘pro tempore. The JtResolution (H.R.No. 197) authorizing a contract with Vinnie Ream for a statue of Abra ham Lincoln, is before the Senate as in ComWhole, and will be read.
The Secretary read it, as follows: Resolved.111 0T.h.at the SecyInterior be and herebv is. Authorized an directed to contract with Miss 'inn e Roam for a life sizomodel andstatucof the late resident Abraham Lincoln.to be executedby her at a.price not exceeding $111000: 1/2 payable on comlction of the iuodcl in plaster and the remaining inlf on completion of the statuein marble to his acceptance. '
Mr. LANE. I move to postpone the further consideration of this resolution for the purpose of taking up the pension bills that have passed the HoRep. I think it quite as important to provide for the widows and orphans of our dead heroesas it is to provide for a statue of President Lincoln. Under proper circumstances I might vote for this appropriation; but I cannot consent to have it taken up, so far as my vote is concerned, to the “exclusion of the bills that have already passed the House granting pensions to the Widows and or hans Of our dead soldierS.
Mr. LANE. The bills I desire to have taksn up are House bills.
Mr. CONNESS. There.is time enough to pass those bills. I hope we shall get a vote on thisresolution as we have now got it u.
Mr. EDMUNDS. Mr. President, there are on your table half a dozen or more bills from the HoRep, some of which I have personul knowledge about, providing for penswns to the widows and orphans of your deceased officers and soldiers, where it is known that those widows and orphans are in absolute want, suffering for the common necessities of life; and the question now is, whether we shall jeopardize the passage of such bills, the passage of which we owe as a matter of justice and duty as high as any that can beim posed on man, to provide for a work of art. Vhat is the immense necessity of hurrying this against all other things? I do hope that the Senate will return to its reason long enough to do justice before it provides for the gratification of its tastes.
Mr. CONNESS. We can have a vote on this resolution while this question is being discussed: It will not stan in the way of the pension bills.
Mr. FESSENDEN. It will be discussed very considerably before you pass it.
Mr. SUMNER. I am for pensions for those who have suffered for our country. Let us go forward and do justice to them before we undertake to appropriate $10,000 for a statue. I should say that if the appropriation was for a known work otart; bntit is not proposed now to pay for any known work of art. We are to commission an unknown art.ist. of possible merit, butwho has given no assurance that she can produce a work worthy of so large a sum as it is proposed to appropriate. However, I shall not now, at this stage of the question, discuss it. in that aspect. If the question is proceeded with, I sha l have something further to say; but I hope that the Senate w1ll proceed with the consideration of)cnson bills.
Mr. TRUMIJULL. I islike to see the antagonism of the Senators from Vermont and Massachusetts to this measure placed in what seems to me so unfair a light. They appeal to the Senate not to lay aside the pension die for the benefit of the soldiers to consider a work of art. Nobody proposes to do it; but wha tis proposed to be done? The Senfrom M as sachusetts threatens to lay aside the pension bills by making s eeclies on this subject. The question is, will the Senfrom Vermont and t a Senfrom Massachusetts allow us to take a vote on this resolution? If the had done so, it would have been disposed 0 long ago; butthe Senfrom Massachusetts thrcra‘t ens that he will make speechesffor what? Io delay the soldier from getting his pension.
Mr. TRUHBULL. Then let the Senator forbear and let us net.‘ Vote down the proposition, if you choose. We could have voted a dozen times while these 2 Senators have been appealing to the Senate not to delay the soldiers’ claims in order to press this matter. In other words, they say‘to the Senate, “Unless you take up the bills that we desire to have taken up we will postpone soldiers and every body else by making speeches.” That is all there is of it.
Mr. EDMUNDS. We might have passed 2 or 3 pension bills while we have been listening to the sweet eloquence of the Senfrom Illinois. Now he is desirous of taking a vote. I have not attempted or threatened to occupy any time on the measure which he has so much at heart this statue; but the Senfrom Illinois is desirous of taking a vote to see which of these 2 measures shall 1st be proceeded with. I propose to give him the opportunity, and on this motion to proceed with the pension bills I ask for the yeas&nays.
Mr. CONNESS. All right; let us have the 'yeas&nays, and I he ethat the Senators, if they fail in this vote, wi lallow us to go on and do business.
The PRESIDENT protempore. It is moved to 0stpone the present and all prior orders an proceed to the consideration of the pension bills named by the Senfrom Indiana, and on this question the yeas&nays are demanded.
Mr. POMEROY. He did not name any particular bills. The yeas&nays were ordered.
Mr. CONNESS. As this is to be regarded as a test vote, I hope the resolution will not be postponed. The question being taken by yeas&nays, resulted yeas 19, nays 18, 13. So the motion was agreed to.
Skip Skip FROM THE HOUSE. A message from the HoRep, by Mr. McPunnsox, its Clerk, announced that The SPEAKER of the HoRep had signed the following enro led bills and JtResolutions; which were thereupon signed by the President a tempore: A bill (H.R.No. 697 to out orize the use in postoffices of weights of the denomination of grams; A bill (H.R.No. 759) to authorize the refunding of certain taxes; A bill (H.R.No. 809) to further regulate the printing of public documents, and the purchase of paper for the public printing; A bill (H). R. No. 810) amendntory of section 13 of an act entitled “An act to amend an act entitled ‘An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, approved June 30, 1864, ” approved larch 3, 1865; A bill (H.R.No. 814) for the relief of the sufferers by the late fire at Portland; and AJtResolution (H.R.No. 140) to enable the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system. CAIRO AND FULTON RAILROAD
Mr. TRUMBULL. Before going on with the pension bills, I will ask the permission of the Senate to give me about 15 minutes of its time to get rid of some bills belonging to the ComJudiciaryar. I hope the Senate will allow me to do t at. They are all House bills. I have had no opportunity to report them. If the Senfrom Indiana wi I allow me to go on new, I will give way in 15 minutes.
Mr. LANE. I have but a very few pension bills that I want to pass now, and I cannot give way to anythin else.
Mr. TRUMBULL. The Senator has got the floor; and as he will not yield I trust that I shall be able to bring up these bills after he has concluded. WARD It. BURNETT.
Mr. LANE. I move that the Senate proceed to the consideration of the bill for the relief of Ward B. Burnett, which is accom panied by a report. The motion was agreed to; and the bill (S.No.418) for the relief of Ward R. Burnett was read the 2nd time and considered as in ComWhole. It directs that there be paid to Ward B. Burnett the sum of $540, bein the balance of pension to which he was entit ed, at the rate of 15 dollars permonth, from the 4th of March, 1863, to the 4th of March, 1866, and which was improperly retained from him. The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. PRANCIB COLGEN.
Mr. LANE. I move that the Senate ro ceed to the consideration of House bill No. 194. The motion was eed to; and the Senate, as in ComWhole. proceeded to consider the bill (H.R.No. 794 for the reliefof Francis Colgen. The SecyIntaior is directe by the bill to place the name of Francis Colgen, late a private in company B, 12th regiment Wisconsin volunteers, upon the pension rolls of the U.S., at the same rate that is allowed to soldiers or seamen who have lost the sight of both 0 es in the military or naval service of the LU.S.s, subject to the biennial examination prescribed in the Generalpension laws, to commence on the 15th of January, 1863, the date of his discharge from the service. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. MARION ii. BUXT'ON.
Mr. LANE. I move that the Senate proceed to the consideration of the bill (H.R.No. 800) for the relief of Marion M. Buxton. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It proposes to direct the SecyIn terior to place the name of Marion M. Buxton, widow of James H. Buxton, late an ensign in the U.S. Navy, on the pension rolls, at the rate prescribed by law for officers of his rank; the pension to be paid out of the naval pension fund. in case of her death or remar riage the pension is to go to the mine r child or children of James H. Buxton, subject to the limitations and restrictions of the pension laws. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. DANIEL LUCAS.
Mr. LANE. I move that the Senate proceed to the consideration of House bill No. 797. The motion was agreed to; and the Senate, as in ComWhole; proceeded to consider the bill (H.R.No. 797 granting a pension to Daniel Lucas. The SecyInterior is directed by the bill to place the name of Daniel Lucas, of Plymouth, Massachusetts, formerly a private of company E, 3rd U.S. infantry, on the roll of invalid pensions, and payto him monthly such a sum as he may be entitled to under the lim itations and restrictions regulating the payment of ciisions. The bilFwas reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. QUINCY A. MAY.
Mr. LANE. I move that the Senate rocced to the consideration of the bill (H.R.L o. 798) for the relief of Quincy A. May. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It proposes to direct the SecyInterior to place the name of Quincy A. May, of company H, 8 3rd regiment of Illinois volunteers, on the ist of pensioners, and pay or cause to be paid to him the sum of 8 dollars permonth. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. WILLIAM enoswnmi. On motion of Mr. LANE, the Senate proceeded to consider the amendment of the HoRep to the bill (S.No.354) for the re icf of William Croswell. The amendment was to add at the end of the bill the words, “to be paid out of the naval pension fund.”
Mr. LANE. I move that the Senate concur in that amendment. The motion was agreed to. CHARLES M. POTT.
Mr. VANWINKLE. There is one more pension bill. I move that the Senate proceed to the consideration of House JtResolution NO. 194. The motion was' eed to; and the Senate, as in ComWhole, proceeded to consider the Jtresolution (H.R.No.1194) authorizing the SecyInterior to pay Charles M. Putt a pension of 15 dol ars permonth. It directs the SecyInterior to pay or cause to be paid to Charles M. Pott, late of company K, 179th Pennsy vania militia, now on the pension roll, the same pension provided for persons havin lost one hand in the military service of the U.S., as provided in section one of an act entitled “An act supplementary to the several acts relating to pensions, ” approved June 6, 1866. heJtresolution was reported to the Senate without amendment, ordere to a 3rd reading, read the time, and passed. INDIAN RELATIONS.
Mr. DOOLITTLE. The ComIndAffairs have directed me to report a resolution, and as it will take but a moment to explain iIt, ask that it he put on its passage at the present time. I
Mr. DOOLITTLE. I hope the Senfrom Illinois will not object. He cannot understand the object of the resolution.
Mr. TRUMBULL. I shall object. I have stood here day after day and have not been able to make a report from the ComJudiciary during the whole of this week.
The PRESIDENT protempore. The Senfrom Wisconsin asks leave to make a report. He reports a resolution from the ComIndAffrs, and asks its present consideration. Objection being made the resolution lies over. COLONEL n. 0. DE AHNA.
Mr. SPRAGUE. I move that the Senate proceed to the consideration of House JtResolution No. 150. The motion was a eed to; and the Senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 150) to provide for payment of the claim of Colonel H. C. De Ahna for military services.
Mr. HOWARD. I believe this resolution has been before the ComMilAffrs, but I am not very well acquainted with it, and I beg to inquire of the honorable Senfrom RhdIsland what the grounds of this claim are.
Mr. SPRAGUE. Simply that this officer has been in the service of the U.S and has never been mustered out and has not received the pay towhich he was entitled. He has exercise all the duties and responsibilities of a soldier; and this is a compromise with him in relation to the amount that he shall receive; for really, as the case stands, if he is not paid the year‘s salary that is proposed by this resolution, the Government might be liable to pay him up to the present moment, although he as really been in the service of the U.S. for some time.
Mr. SPRAGUE. A colonel of infantry. He was regularly in the service and received pay as such and was under orders as such.R.HOWARD. Where was he mustered in?
Mr. SPRAGUE. His services were in the western country, in StLouis and elsewhere.
Mr. HOWARD. I do not profess to know much about the merits of this case; but I had rather formed an Opinion that there was no great merit in the claim, and I shall therefore vote againstit. t
Mr. HENDERSON. I have no objection to the latter part of the resolution, which proposes to muster this person out of the hervicc of the U.S. I never knew he was in the service. I should like to inqpire of the Senfrom RhdIsland how it was that this gentleman, if he was properly and regularly mustered into the service, did not draw his ay, or if he did not draw it, how is it that he oes not now draw it without an act of congress? If there is any defect in the muster, as 18sometimes the case, the party who is improperly mustered in will be refused his pay by the aymaster; but I do not understan from the Senator that that is the case here. Hence I should like to know upon what ground it is based. Is it an imperfect muster in, or in what manner does it arise?
Mr. NESMITH. I am directed by the ComMilAffr and the Militia, to whom was referred the JtResolution (H.R.No. 204) to reimburse Mrs. Mary Phelps, of Missouri, to report it back without amendment, and to ask for its present consideration.
The PRESIDENT protempore. Objection being made, the JtResolution cannot econsidered at the present time. 8 Mr?. TRUL' ULL. Am I entitled to the cor Mr. WILSON. Let us have that resolution read so that we ma, know what it is.
Mr. TRUMBULL. I object to it, no matter what it is. I shall object to all business out of order until I can get a vote of the Senate to know whether an opportunity will be afforded to the committee 0tPWhic h I am the chairman to make a report of its business and to bring some bills before the Senate. I make the motion that 15 minutes be assigned to the ComJudiciary, commencing at 9 o'clock, to dispose of is business, and I wish to get a vote upon it. If the Senate shall vote it own I she] have dischargedmy duty.
Mr. NESMITH. Will teSenfrom Illinois permit me to state a fact to him in regard to this resolution T
Mr. TRUMBULL. If I give way now I might be unable to at the floor again.
The President o tempore. The Senfrom Illinois dec ines to give way, and is entitled to the floor and must not be interrupted. BUSINESS OF ComJudiciary.
Mr. TRUMBULL. I move that 15 minutes be allowed to the ComJudiciary, commencing at 9 o’clock. I have been unable to obtain the floor to make a report from my committee for a week. I can only get the floor in op mositionto something else, or to object. Now, having the floor I “fish the senate to decide whether they will consider those bills. It is wholly immaterial to me. They are bills of public importance; they are House bills; and they oug t to be passed. If the Senate will allow me 15 minutes, commencing at 9 o’clock
Mr. JOHNSON. Make the motion, and I have no doubt the Senate will agree to it.
Mr. TRUMBULL. I make that motion, that 15 minutes, commencing at 9 o’clock, be allowed to the ComJudiciaryar to make reports and dispose of the business of the committee. The motion was agreed to. MRS. MARY PHELPS.
Mr. NESMITH. I now ask that the Senate proceed to consider the resolution which I reported a moment since from the ComMilAffairs. I do not think it will occupy 5 minutes.
Mr. TRUMBULL. I have no objection to that. My objection before was merely to give me an opportunity to dispose of the business of my committee.
Mr. NESMITH. I now call up the JtResolution that I have named.
The PRESIDENT ro tempore. It requires unanimous consent of the Senate to consider it at this time. There bein no objection, the JtResolution (H.R.o. 204) to reimburse Mrs. Mary Phelps, of Missouri, was considered as in ComWhole. It directs that there be paid to Mrs. Mary Phelps, of Missouri, the sum of $20,000, to reimburse her for expenditures made by her in raising and equipping troops for the U.S. in the late rebellion, and also for her expenditures made in behalf of the soldiers of the Union wounded in battle and of the orphan children of soldiers of the Union.
Mr. NESMITH. I am admonished that I have but 5 minutes prior to the time we are to commence on the business of the ComJudiciary in which to state the facts connected with this case. I will state them as briefly as possible. Mrs. Mary Phelps is the wife of Jo n S. Phelps, residing in southwestern Missouri, near Springfield. She was the guardian an el who took care of the wounded and the dead who were killed in the battle of Wilson’s Creek. She not only recovered andv buried the body of General Lyon but buried the bodies of others who fell in that terrible conflict. She took care of the wounded soldiers at her own exones and expended her own fortune in that c iaritable work. Shegathered up the or han children of the soldiers of southwestern Iissonri who fell in that terrible conflict. She has expended every dollar that she has been able to raise in support of these wards of the Government. She ms now 50 of them on her hands. She has s ent a eater amount of money in support of the enldren and in the expenses of attending to the sick and wounded soldiers who were the survivors of that battle than she now asks of “this congress; and I appeal to the magnnmmity, the generosity, the sense of justice of every mem ber of the Senate to make this slight appropriation to reimburse her. I will not occupy the time of the Senate in reading the immense mass of testimony which I have on this subject and the great number of letters and pe titions of Union soldiers and officers in favor of it.
Mr. NESMITH. I have examined the papers ver fully. he resolution was reported to the Senate 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. McPuiznson', its Clerk, announced that the HoRep had disagreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the hill (S.No.138) to increase and fix the military peace establishment of the U.S., had further insisted upon its disagreement to the amendments of the Senate to the amendments of the HoRep to the said bill, asked a further conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. JoHN F. FARNSWORTH ofIllinois, Mr. NELSON TAYLOR. of NewYork, and Mr. F. E. Wooonmooa of Vermont, mana gers at the same on its part. The message further announced that the HoRep had agreed to some and disagreed to other amendments of the Senate to the bill (H.R.No. 791) to supply deficiencies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes, asked a conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. Joan A. Kassos' of Iowa, Mr. Smear. J. RANDALL of Pennsylvania, and Mr. Hsxur J. Rnnose of NewYork, managers at the same on its part. The message also announced that the HoRep had passed the following bills, in which it requested the concurrence of the Senate: A bill (H.R.No. 682) to authorize the building of a military and postal railroad from Washington, DistCol, to the city of NewYork; and A bill (H.R.NO. 815) supplemental to the act to appropriate money for postal services. CHIPPEWAS, OTTAWAS, AND POTTAWATOMIES.
Mr. WADE. Imove that the Senate proceed to the consideration of House JtResolution No. 197.
Mr. DOOLITTLE. The Senfrom Illinois having charge of matters from the ComJudiciary thought. it was his duty to object when I moved the consideration of a certain JtResolution some time ago, but. as the Senate has fixed a time for his business so that he is satisfied he can have the floor, he is willing to waive his objection and let that res olution come up now. I will simply state that it is to settle a long controversy upon terms that have been agree upon between the Indians in Michigan and the Indians in Kansas; it is to pay from the funds of the Pottawatomic Indians $30,000 to the Indians in Michigan. The reading of the resolution will show exactly what it is.
Mr. CHANDLER. I hope the resolution referred to by the Senfrom Wisconsin will be allowed to ass. I have had the question on my hands or ten years, and I hope it will be settled.
Mr. DOOLITTLE. This resolution settles along and troublesome controversy.
Mr. WADE. I withdraw my motion and hope gentlemen will be enerons enough to give me the floor afterwar.
Mr. DOLITTLE. I move to take up House JtResolution No. 10!).
Mr. CHANDLER. We can pass it in a minute. The PrESIDENT protempera. The JtResolution having been reported to day, it re auires unanimous consent to consider it at this me. By unanimous consent, the JtResolution (H.R.No. 199) for the relief of certain Chip pewa, 'Ottawa, and Pottawatomie Indians, was considered as in ComWhole. It is a direction to the SecyInterior to pay to the Chippewa, Ottawa, and Potta watomie Indians of Michigan, in pursuance of an agreement and comromise made with the Pottawatomie nation of Indians, so named and designated by the treaty of 1846 with the U.S., the sum of $30,000, in full of all claims in favor of the Michigan Indians, either against the U.S or that nation of Indians, past, present, or future, arising out of any treaty made with them or any band or confederation thereof, and the annuity now paid to them is to be restored and paid to the nation for the future. The $39,000 is to be paid out of funds of the Indians, now hold in trust by the U.S. for the nation, drawing interest at the rate of 5%. The payment is to be made percapita direct to ends of families, adults and guardians of mine rs, as is now required by law in reference to annuities, by the proper agent of the government.
Skip Skip The JtResolution was reported to the Sen ate, ordered to a 3rd reading, read the 3rd time, and passed. JUDlClAltY COMMITTEE BUSINESS. Several Sum runs addressed the Chair.
The PllEp‘lDEXT ro tempore. The time having arrived when y a vote of the Senate 15 minutes are to he devoted to business of the ComJudiciary, the Chair recognizes the Senfrom Illinois.
Mr. TltUMBULl. The ComJudiciary, to whom was referred a bill (H.R.No. 043) to ulterthe place for holding the circuit court of the U.S. for the llhdIsland district, have instructed me to report it back and recommend its passage.
The PRESIDENT protempore. The bill will go upon the Calendar. sunstsrnrzcn CLAIMS IX TENNESSEE.
Mr. TRUMBULL. I am directed by the some committee, to whom was referred the JtResolution (H.R.No. 195) to extend the provisions of the act of July 4, 1%4, limiting the jurisdiction of the Court of Claims to the loyal citizens of Tennessee, to report it. back and recommend its passage; and I ask that it be considered at this time. By unanimous consent, the JtResolution was considered as in ComWhole. It was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. CIRCUIT COURT COMMISSIONERS.
Mr. TRUMBULL. The same committee, to whom was referred the bill (H.R.No. 32) to extend the jurisdiction of commissioners of the circuit courts of the U.S., have instructed me to report it back with a recommendation that it pass. I ask for its present consideration. There bein no objection, the bill was considered as in ComWhole. It pro vides that the commissioners who now are, or hereafter may be, appointed by the circuit courts of the U.S. to ta e acknowl edgments of bail and uliidavits, and also to take depositions in civil causes, shall and may exercise all the powers that any justice of the peace may exercise under and in virtue of the 7th section of the act passed the 20th of July, 1790, entitled “An act for the government and regulation of seamen in the merchant service.” The bill was reported to the Senate. ordered to a 3rd reading, read the 3rd time, and passed. conn'r AT ERIE. On motion of Mr. TRUMBULL, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 02) directing a, district court to be held at the cit of Erie, in I the State of Pennsylvania. Besides the terms of the district court of the U.S. di Williamsport, for the western district of Pen n sylvania. the judge of the western district is to hold 2 terms in every year at the city of Erie, which shall commence the 1st Monday of July and January in each and every year, beginning in the July or January which shall 1st immediately follow the assage of the act, and to be continued and a jonrued from time to time, as the court may deem expedient, for the dispatch of business. In addition to the compensation allowed by law to the judge, he is to be paid the sum of $300 for his additional expenses and services. The ComJudiciary proosedto amend the bill by striking out the wor s “ and that in addition to the compensation allowed by law to the said judge he shall be paid the sum of $300 for his additional expenses and services.”
Mr. COWAN. I hope that amendment will not be agreed to. I think the compensation of $800 to the judge for holdin that additional court ought to be allowed. c has to travel 100 miles to do it, and it is certainly a very meagre allowance. I think there is noth ipg ilmproper in allowing him the $300 additiona.
Mr. TRUMBULL. The judge undoubtedly ought to be aid $300 more salary than he is, but it. would e an innovation to introduce this mode of paying him. We do not pay the other judges for traveling. Besides, the committee have reported a bi I increasing the salaries of all the judges, and we had better leave this question to be settled on that bill. I think we had better not introduce the system of aying judges mileage or traveling expenses. agree that this judge ought to have additional pay, whether he goes to Eric or not. I think the Senator had better acquiesce in the report of the committee and let us pass the bill 111that sha e.l
Mr. COWAN. I am sensible of the mischief to which the honorable Senator alludes; but I think the only way of avoiding a greater is to allow, at least until the salary is raised., this amount for the additional expense this bill involves.
Skip Skip The amendment was agreed to. The bill was reported to the Senate asameuded and the amendment was concurred in. The amendment was ordered to he engrossed and the bill to be read a 3rd time. The bill was read the 3rd time and passed. WRIT OF HABEASCORPUS.
Mr. TRUMBULL. It is difficult to reply to the Senfrom Kentucky, because I do not know that he makes any specific objection to any particular provision of the bill. It is a House bill; it wasnot prepared in the Senate; we considered the bill, and [am sorry that the Senfrom Maryland [Mr. Jonssos] is not here: he examined it in committee, and is in favor of its passage. The last clause of the bill which is so obnoxious to the'Senfrom Kentucky, I think, is not objectionable. I will read that last clause again = This actshall not apply to the case of any person who is or maybe held in the custed of the military authorities of the U.S.charged with any military olIcnsc. Of course it would not do to take out of the control of the military the strictly military cases, whether in time of war or peace. It would not do to take a man liable to trial by court martial away from that jurisdiction by a habeas co.9. That is all that is meant by this; and supposed there could be no objec t'on to that on the part of the Senfrom Ixentucky. His objection probably is that the military have been usurping authority that does not belong to them. I suppose that is lihcly the objection he would have; but this is a bill of a general character and applying to persons held in custody of the military authorities charged with a militar offense.
Mr. NESMITH. would that provision apply to any person except those in the military service?
Mr. DAVIS. I should have no objection to it if that was the construction.
Mr. TRUMBULL. The provision is: This notshall not apply to the caseof any person who is or may be held in the custed of the military amuitlihtaorryities of the U.S., o ed with an offense or with having side or abette rebellion against the Government of the U.S.prior to the passageof this not. It was not intended to interfere with any of those cases, such as that of Davis held in military custody now. The object of this bill is not to interfere at all with any existing condition of persons held in confinement in consequence of the rebellion.
Mr. NESMIT H. Is there any objection to an amendment expressl limitin it?
Mr. TRUMBU LL. should have no objection; but I will state to the Senfrom hen " tacky, which he is probably aware of, that the ltabeascorpus act of 1789, to which this bill is an amendment, confines the jurisdiction of the U.S. courts in issuing writs of liubeascorpus to persons who are held under U.S. laws. Now, a person might be held under a State law in violation of the Constitution and laws of the U.S., and he ought to have in such a case the benefit of the writ, and we agree that he Ought to have recourse to U.S. courts to show that he was illegally imprisoned in violation of the Constitution or laws of the U.S. I did not think there would be any objection to the bill. I received a note from one of the members of the ComJudiciary of the HoRep requesting me to have the bill acted upon. It was examined by the members of the ComJudiciary of' the Senate. You will find it on your files. It is House bill No. 005. I do not think there is any just objection to it. I certainly should not wish to have it passed if there was. I think we examined it With sufficient care to have detected anything improper in it. It is a bill in aid of the rights of the people.
Mr. COWAN. I shonl like to ask the senator whether the 2nd section is drawn on the same principle as the 25th section of the judiciary act of 1789.
Mr. TRUMBULL. It is a little broader than the judiciary net. It is of a similar character.
Mr. CO“ AN. I am afraid that it is rather too broad. I refer to the clause giving the Supreme Court jurisdiction over “a final judgment or decree in any suit in the highest court of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the U.S., and the decision is against their validity, or where is drawn in nestion the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the U.S., and the decision is in favor of such their validity."
Mr. TRUMBULL. I submitto the Senfrom Pennsylvania whether, if the decision was against a right claimed under a treaty or stat ute or authority exercised under the Government of the U.S., it would not be proper that that matter should go to the SCOTUS.
Mr. COWAN. As the law now stands, I think it is right. If you make it broader you open doors so that everybody can come int i the Supreme Court. That is why I asked the question. The lnn uage of the old act is right because that has he a construction, and I think it 0 ens the door wide enough. r
Mr. DAVIS. If I understand the bill according to its letter, it is simply to legalize the course that has been pursue by the military authorities during the late war, and that has been to denominate anything a “military offene” which they chose to give that name to. Mr. President, according to my reading of the Constitution a civilian cannot commit a military offense at all, and a civilian cannot be subjected to trial by any military tribunal without a flagrant and most dangerous infraction upon the Constitution. Now, Mr. President, according to the verbiage of this not anything which may be called a military offense is so to be treated by the courts that are authorized to issue writs of habeascorpus.
Mr. TRUMBULL. IftheSenatorfroni Kentucky will give way. I will say that if there is any sort of op position to this bill I shall not press it now. think it is a bill required by the public service; but if he is apprehensive that there is anything wrong in the bill, I will not press it to a vote this evening. I suppose it would be for the court to decide whether it was a military offense or not. I suppose that would be a judicial question.
Mr. TRUMBULL. I apprehend there is nothing in any supposed objection of the senator, but if he insists on his opposition let the bill go over.
Mr. TRUMBULL. I much prefer that that course I will not resist the motion. I do not want to take up the time of the Senate. The Senator moves that it be post poned.
Mr. DAVIS. I make the motion that it be postponed until December next.
Mr. HENDERSON. I rise to exHESS the hope that the Senfrom Illinois will permit the bill to lie over. It is an important measure, and we scarcely have time to consider a measure of this character now. The motion to postpone until the next session was agreed to.
Skip Skip APPROVAL OF BIL LS. A message from the POTUS bylt Mr. Moons, his Secretary, announced that the POTUS had aproved and signed, on the 27th instant, the fol owing bills and JtResolutions: A bill (S.No.20) granting lands to aid in the construction of a railroad and telegraph line from the States of Missouri and Arkansas to the Pacific coast; A bill (S.No.214) to iiicor orate the general Hospital of the DistCol; A bill (S. No.309) to authorize Samuel Stevens, a Stockbridge Indian, to enter and purchase a certain tract of land in the Stock ridge reservation, Wisconsin; AJtResolution 8. R. No. 86) to provide for the publication of the Oliicial History of the Rebellion; and A JtResolution (S.R.No. 117) for the relief of Charles M. Blake. MILITARY PEACE ESTABLISHMENT. On motion of
Mr. WILSON, the Senate proceeded to consider its amendment to the amendment of the HoRep to the bill (S.No.138) to increase and fix the military peace establishment of the U.S., disagreed to by the House, and On motion of Mr. VILSON, it was Resolvedthat the Senate further insist upon its Representativtoes the amendments of the House of House, to the said bill disagreedto by the and agreeto the further conference askedby {go House on the disagreeing votes of the twoHouses crcon. Ordered.That the conferecsonthe part of the Sea sto be appointed by the Presidentpro tempore.
The PRESIDENT protom ore aipointed Mr. WILSON, Mr. HARRIS, an Mr. ssinrn. DEFICIENCIES IN APPROPRIATIONS. The Senate proceeded to considerits amendments to the bill (H.R.No. 791) to supply deficiencies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes, disagreed to by the House, and On motion of Mr. FESSENDEN, it was Rnolced, That the Senate insist upon its amendmentsto the said bill disagreedto by the HoRep, and agreeto the conference asked {I the House on the disagreeingvotes of the 2 casesthereon. Orilcrni, That the confereeson the partof theSonate be appointed by the President protempore. The PRESIDENT protempore appointed Mr. Fssssnnns, Mr. Hssnsasos, and Mr. Buemnw. HOUSE HILLS.
The PRESIDENT protem e. With the permission of the Senate the air will present 2 hills which are on the table, from the HoRep, for the purpose of reference. The bill (H.R.No. 815) supplemental to the act to appropriate mone or postal services was read tWice by its title.
Mr. CONNESS. hat bill need not be rel ferred. I hope it will lie over for the present, subject to be called up.
The PRESIDENT protempore. That course will be pursued. The bill (H.R.No. 632) to authorize the building of a military and ostal railroad from Washington, DistCol, to the city of NewYork, was read the 1st time by its tit 0.
The PRESIDENT proiempore. It is regularly here; it comes mm the HoRep.
Mr. DAVIS. Is it regularly before the Senate upon any question?
The PRESIDENT pr tempera. Only for formal reading; and it e have but one read in each day ifthere be objection.Mr. CRESWELL. I object to the 2nd readin of the bill. The PRESIDENTprotempw e. The 2nd mailing of the bill is objected to; it is laid sin e. Is that bill regularly before 0
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPERSON, its Clerk, announced that the HoRep had agreed to the report of the 2nd committee of conference on the disagreeing votes of the 2 Houses on the bill (H.R.No. 780) to protect the revenue, and for other purposes, and had unanimously agreed to the change in the text of the bill as proposed by the committee. STATUE OP ABRAHAM LINCOLN.
Mr. WADE. I move to take up the JtResolution (H.R.No. 197) authorizing a contract with Vinnie Ream for a statue of Abraham Lincoln.
Mr. SUMNER. I hope that will not be taken up.
Mr. SUMNER. Senators say, “Oh, let us vote.” The question is about giving away $10,000.
Mr. CONNESS. Taking it up is not giving money away, I hope.
Mr. SUMNER. The question is, I say, about giving away $10,000; that is the proposition in volved in this JtResolution.
Mr. SUMNER. The Senator says “for a statue ” an impossible statue, I say; one which cannot be made. However, I am not going to say anything on the merits now; that will come at another time if the resolution is taken up. I ask for the yeas&nays on the question of taking up. The yeas and nnys were ordered.
Mr. McdOUGALL. I am somewhat surprised to hear the Senfrom Massachusetts, who professes to be not merely an amateur but a connoisseur in art and an admirer of beautiful things and a person understanding them Well, object to a proposition of this kind. Massachusetts has done much in the way of the encouragement of art in our country, and we are grateful to her for it. We are all informed that the person who makes this proosition to us is an artist; she has evinced her s rill. Now, I say it is the business of a Government to adorn and beautify its public balls, to commeine rate its great ub ic men. I have had occasion to observe that as regards this particular thing she has produced the only true representative of the man, I having been mom conversant with him, perhaps, than anyone on this floor, showing her superior skill in art and natural genius; and I think that the Senfrom Massachusetts, comin from the Athens of this Republic, “the 5111i) of the universe, ” should make no objection to this proosition. he question being taken by yeas&nays, resulte yeas 26, nays 8; 16. So the motion was agreed to; and the senate, as in ComWhole, resumed the consideration of the JtResolution (H.R.No. 197) authorizing a contract with Vinnie Ream for a statue of Abraham Lincoln.
Mr. SUMNER. Where have I said anything in praise of a foreign artist in depreciation of the artists of our own country ‘i lhave alluded with praise to the artists of our own country.
Mr. NESMITH. I heard nothing of that. I heard the Senator speak with particular ref erence to that door which was cast in Munich.
Mr. SUMNER. Which is by a western artist, Mr. Rogers, reared in the West. lgive him praise for what he has done.
Mr. NESMITH. It was not cast in the West; it was cast in a foreign country, at Munich. Why could not that door have been made in the U.S.? I ask the Senator that question. Why should it be necessary to go to a foreign country, even if we produced the genius to mold the door, to produce the model from which it was cast? Why was it necessary to send an order to a foreign country for the production of the door itself? In me chanics and in the arts we are as far advanced as the countries of Europe and I up rehcnd there is no reason, except it be the tlhsire to gratify a morbid taste, why we should go to the old countries for these things. I appeal to Senators on this floor, to those who have natural taste, to those who have an eye for beauty, as I admit the Senfrom Massachusetts has not, to support this young lady in her efforts to i pgoduce what will be a magnificent statue of Mr. Lincoln.
Mr. MCDO UGALL. James Walker, the best battle painter now living, who painted the storming of ChapuRepec on yonder wall. Though he never had a drawing lesson, he drew and painted admirably when he was a boy. These things come by the force of innate consciousness and by the power of giving expression to that innate consciousness. This young lady is undoubtedly a lady of marked genius; and she has proved, so far as the bust is concerned, that she has produced the bestlikeness 0t"Lincoln of any person that has attempted it. I have the right to say so, because was perhaps better acquainted with Mr. Lincoln in his life time than any gentleman on this floor; he was a companion of mine many years ago, with whom I was long familiar. l have not been sutislied with any attempt to reproduce his features till I saw the bust produced by this lady. She has achieved a success, showing that she has true genius; and if she is young, the better for her. In 5 years more she will be as great a geninsas she ever will be, no matter how long she may live. “ Whom the gods love die yonn.”
Mr. YATES. Mr. President, I think about the best thing we could do would be to proceed to the vote upon this question. I will remark, however, that I am not liable to the objection which the Senfrom Massachusetts offers to the advocates of this bill. I have stood by him from 1st to last and voted for his proposition repeatedly to increase the salaries of the clerks of the State Dept and of the clerks of the various Depts of the Government; but is the fact that that measure has failed a reason why we should not do justice to another measure? Sir, I am here to say that I shall vote for this proposition with the meet delightful pleasure. I think I knew Mr. Lincoln as well as any member of the Senate; I remember his features well; and I think that the artist whose claims are now before the Senate has had as fine a conception, and in the bust she has made has given an exact likeness of Mr. Lincoln. I hare known her a long time. I was introduced to her by friends from her home in the far West. I know her high character as a oung lady; but not only that, she is a young ady of extraordinary merit. In a very short time, in a very t'eWyears, she has established a reputation known to us all. She has taken the usts and likenesses of Sens&Reps and has succeeded with most admirable effect; and when I consider her extraordinary merit, when I consider that she is a young artist, that she is an American artist, and that she has displayed remarkable genius, I almost feel that the Senfrom Massachusetts is a barbarian [laughter] of the highest order in attacking this young lady. Mr. President, I believe that she will sue ceed in this work and that she will establish a reputation for herself; and as I believe it is our duty to preserve the features of the great benefactors of our country, I do hope that we shall pass this measure and pass it cheerfully.
Mr. IledOUGALL. I rise to correct a mistake which I made a short time ago. The Senfrom Illinois [Mr. Yx'rns] was quite as conversant with the late President, if not more so than myself, and is as good ajudge of the perfection of the work done by this young lady artist.
Mr. HOWARD. Mr. President, this is not a question whether the clerks in the State Dept shall be paid an additional compensation; nor is its question of the generosity of the Government of the U.S. The question of generosity does not arise at all. here is no doubt that there is a disposition on the part of the Senate, and probably will be on the part of the House, to order the making of a statue of President Lincoln.
Mr. WADE. It has already passed the house. I
Mr. HOWARD. It has not been their general history.
Mr. HOWARD. No, sir. I would as soon expect from the pen of a woman the Paradise Lost or any other great work of genius which has honored our race.
Mr. MCDOUGALL. Did you ever read the Fragments of Sappho?
Mr. HOWARD I have read the Fragments of Sappho. H
Mr. MCDOUGALL. What do you say about t at?
Mr. HOWARD. That certainly does not prove that Sappho was capable of writing Iomer‘s Iliad.
Mr. MCDOUGALL. She exceeds Homer to many respects.
Mr. HOW ARD. In many respects in erotic expressions she certainly exceeds Homer. Whether the proposed work in the present case would have a similar merit I cannot say. But, sir, without trifling on the subject, and without meaning to say a word in disparagement of this young lady, whom I suppose to be a young lady of genius, I insist that we are taking a great risk in intrusting the execution of this work to her. Let us employ a Powers, let us employ somebody from whom we have a right to expect, from what he has already done, a complete and creditable execution of a statue of Lincoln and not turn it into the hands of a person who, after the exercise of all her genius and all her powers, may miser ably fail in the end and we be ashamed of the appropriation which we are about to make.
Mr. EDMUNDS. I see on looking at the resolution that it, by accident no doubt, fails to provide that the model for which the 1st $5,000 is to be paid shall be completed to the acceptance of an official, as the statue is required to be, an therefore I move to amend by inserting after the word “placed” in the 8th line, the words “ to his acceptance, ” so that the completion of the plaster model shall be to the acceptance of the SecyInterior upon which the $5,000 is to be paid, just as the completion of the marble statue is to be to his acceptance. ‘
Mr. CONNESS. I hope the amendment will not be adopted. It is proposed to go into the market and make a bargain.
Mr. EDMUNDS. I shall be glad to have gentlemen state frankly whether they intend to my this $5,000 for a mere experiment, whether it be successful or satisfactory to the SecyInterior or not. I have understood from the course of this debate that this young lady is entitled to be trusted and to be contracted with, in the language of the resolution, as a person of established reputation, whose reputation justifies there beingintrnsted to her this important work which engages all our r'ep utation and is to be put on exihition as being produced through our instrumentality. Now, if it be intended that this is to be merely an exPeriment, and is frankly so said, then we shall understand it. If, on the contrary, it be what it purports to be, the arrangement of a business transaction by contract with this young lady, then it is just to her as well as to us to provide that this model shall be completed to the satisfaction of the party who is to contract with her.
Mr. TRUMBULL. I trust the amendment will not be adopted, and I think it ought not to be adopted. If I was drafting the resolution I should not put in these werds. It will be seen by reading the resolution that it provides that a contract shall be made with this lady “fora life size model and statue of the late President, Abraham Lincoln, to be executed by her at a price not exceeding $10,000; 1/2 payable on completion of the model in plaster, and the remaining half on completion of the statue in marble to his acceptance." It is intended, I suppose, by the Congress of the U.S., if they pass this resolution, that she shall be paid at any rate $5,000 for the effort. I suppose that is intended. It is not expected that she is to go on and devote her time for years, perhaps, to preparing this for nothing. Congress has that confidence in directing the contract to be made with her, from the knowledge they have of her talent, to agree that they will pay $5,000 for making this cffort, and if she completes it to the satisfaction of the SecyInterior she is to have 10,000. I do not presume that it is the intention of Congress, certainly it is not mine, to require her to go on and make this statue and run the hazard of being paid or not. She can do that without coming to Congress. What is the object of coming to Congress at all? Let her proceed and make a statue and give her time to it for years at her own expense; if it’is one that pleases us we will buy it afterward. I think it would be mockery to pass a resolution of that kind. I trust the Senfrom Vermont will not insist upon any such amendment. Besides, the resolution has passed the HoRep; we have certainl spent time enough upon it; there is manifest y a disposition in the Senate to pass it, and I trust we will come to a vote and dispose of this matter and let us then pass to some other business which we must do; the hours are now few between this and the time of adjournment. I think the amendment ought not to be adopted.
Mr. EDMUNDS. We shall come to a vote when fair and just debate is finished upon this resolution, and probably not before. The Senfrom Illinois states, with the frankness which is characteristic, of him, and which I thank him for, that he does not intend that this shall be other than a mere gratuitous exeriment so far as the model goes.
Mr. TRUMBULL. I stated no such thing, without meaning to contradict the Senator rudely. I did not say that I intended it should be nothing more.than an experiment. I said that the Congress, in authorizing a contract to he made with this lady, had sufficient evidence from the knowledge they had of her ability to be willing to pay that much for her services in preparing this model, and if she makes it to the satisfaction of the SecyInte rior, when the whole work is done, we pay the whole of it. Thatis what I stated.
Mr. EDMUNDS. If the gentlemanisthrough with his interelation I will go on. The language which the Senator used was “to pay her tor the effort." I called “effort” “experi ment.” The difference is not worth occupying much of our fast running sands of time to discuss; and, as I said before, he states with frankness that this $5,000 for the model is not to depend on whether that model is fit to be set up anywhere or not; but the very language which the honorable Senator used with frankness and fairness and I hope he will not get heated about it this night was “to pay her for the cifortf’ and he says it never was heard of,0r words to that effect, that We should interolate into a contract such a clause as this which I have suggested. Do we contract for the building of our nuvics, for any of the works of art that are found in the Rotunda, or elsewhere about this Capitol, except providing that some public officer shall be the part who shall judge as to the fair completion of the contract within its fair spirit so as to entitle the contractor to his recompense? I think not. I will not occupy time in discussing that question as to whether the works which we contract for or authorize our servants to contract for are to be thrown upon nss vithout the judgment of anybody in docidin whether they are fitly performed or are not. ow, sir, the issue is laii ly presented, whether it is the intention of this congress to pay $5,000 for this mere experiment or whether this artist is willing to take the risk upon her side of completing the model to the satisfaction of the SecyInterior in order to entitle her to the com‘ pensation for it. I therefore insist upon the amendment which I have offered.
Mr. MCDOUGALL. There should be but little question about this in the choice of artists when the 3 Senators from Illinois concur in their judgment. I see the Senfrom Illinois there, [Mr. Tauuncnn, ] and one here, Mr. Ykrss] and I am from Illinois myself, the companions of the deceased President for long years, well qualified to judge as to how he has been developed in the model that has been exhibited. "hat any artist should be called upon or required to go and manipulate and labor 6 months without a promise of recompense would be something unheard of. 25,000 dollars we voted last session for a picture to Powell! He is to paint a picture, and all the limitation is that the design is controlled bya committee. whhen he paints his picture he is entitled to his money. Would a young man go and dare employ ayear or 2 or 3 cars of his labor upon a particular work without the assurance of exact compensation? A Government cannot afford to ask that; and to ask it would be an outrage.
Mr. CONNESS. Mr. President MP. WADE. Let us have a vote.
Mr. CONNESS. The Senator will excuse me while I refer to the resolution authorizing Powell to make a)ainting.
Mr. WADE. edo not care anything about Powell now.
Mr. CONNESS. Excuse me now, if you please. Last year Congress passed a JtResolution in these words: “That the jtComLibrary be and they are hereby, directedto enterinto a contract with William H. Powell. of the state of Ohio, to aint a picturefor the U.S. to heplaced an 6 head of one of the grand staircus. in the capitol, illustrative ofsnine naval victory: the particular subjectof the painting to he agreedon by the committeeand the artist: Provided, That the entire expeiisoofsnid picture shall not exceedthosuni“825.000, and$2,000 shall be paid to said William H. Powell in advance. to enablehim to preparefor the work, theremainder of said installmrnts at intervals of not lessthan one year, the last installment to beretaineduntil the picture is completedand put up.” There was no such condition in that case as is now proposed, and l apprehend there never was in any such resolution.
Mr. HOWE. I will say that we have recently made a contract with Dr. Stone to execute a statue of Alexander Hamilton in marble. We pay him one 4th in advance, one 4th, I think, when the model is completed in plaster, one 4th when it is completed in Europe, and the balance when it is delivered at the Capitol.
Mr. SUMNER. I think this amendment had better be adopted. it is only areasonable precaution in a case like the present. The Senfrom Wisconsin allude to a contract with Mr. Stone. He is a sculptor whose works are at the very doors of the Senate Chamber. The committee who employed him must have been perfectly aware of his character. When they entered into acontract with him, there was no element of chance; they knew precisely what they were contracting for; but in the present case there is nothing but chance, if there be not the certainty of failure.
Mr. CONNESS. How was it in the case of Mr. Powell?
Mr. SUMNER. I am speaking of the present case. One at a time, if you please. The person that you now propose to contract with, notoriously has never made a statue. All who have the most moderate acquaintance with art know that it is one thing to make a bust, and quite another thing to make a statue. One may make a bust, and yet be entirely unable to make a statue; just as one may write a poem in the corner of a newspaper, and not be able to roduce an epic. A statue is one of the hig est forms of art. There have been very few artists competent to make a statue. There is as yet but one instance that I can recall of a woman successful in such an undertaking. But the eminent person to whom I refer had shown a peculiar genius early in life, had enjoyedpecu iar opportunitiesofculturc, and had vindicated her tit c as artist before she attempted this dif ficult task. Conversing, as I often have, with sculptors, I remember how they always dwell upon the difficulty of such a work. It is no small labor to set a man on his legs, with proper draper and accessories, in stone or in bronze. ot many have been able to do it, and all these have had in advance experience in art. Now, there is no such experience here. This candidate is notoriously without it. There is no reason to suppose that she can succeed. Therefore, the Senfrom Vermont [Mr. Emwuns] is wise when be proposes that before the nation pays $5,000 on account, it shall have some assurance that the work is not absolutely a failure. Voltaire was in the habit of exclaiming, in a coarse Italian saying, that “ a woman cannot reduce a tra gedy.” You have already seen t at. I do not venture on the remark that a woman cannot produce a statue; but I am sure that, in the present case, you ought to take every reasona lc precaution. Sir, I did not intend when I rose to say anything except directly upon the proosition of the Senfrom Vermont, but as am on the floor perhaps I may be pardoned if I advert for one moment
Mr. HOWE. Will the Senator allow me to ask him one question for information?
Mr. HOWE. It is whether he supposes that by the examination of a plaster mode he could get any assurance that the work in marble would be satisfactory.
Mr. HOWARD. Who was educated in Michigan.
Mr. COWAN. I have come to the conclusion to vote for this resolution, and I have also come to the conclusion that this young lady, whoever she may be, is unquestionably a person of great genius; it may not be exactly in the line of sculpture, but certainly she is in that of a itation. She is occupying the talents of the honorable Senfrom Massachusetts, the honorable Senfrom Vermont, the honorable Senfrom Michigan, the honorable Senators from California, the honorable Senfrom Oregon, the honorable Senfrom Illinois, and several others, and has shaken and agitated this Chamber to its very center. Certainly it is no ordinary girl that can do this. [Laughter] 7. I shall vote for this resolution, Mr. President, because I understand that this little child of genius has struggled up amid poverty and diflieult to this great result through the me dium 0 her statuary. I must confess I do not know much about statuary myself. Modern statuary, I think, would be aboutaswell made by the tailor and the shoemaker, all except the head, as by anybody else. [Laughter] Ancient nude statuary required an exact knowl edge of anatomy and of the human form in the natural state. How it is proposed to have this statue of Mr. Lincoln Fill In not advised. Whether it is to be draped with a ltomnn toga, or with a white jacket and black coat and blue pantaloons. I do not know. [Laughten]
Mr. WADE. Perhaps with a cannon ball in his hand.
Mr. EDMUNDS. I think it due to the Senfrom California [Mr. Coxssss] that I should explain to him the fact that there is no parallel whatever between the case cited by imin the JtResolution oflast year and the one nowunder consideration. That is what may be called an open order. It is not to be apainting which is to have fidelity to any specific truth, or to be a representation of any specific person or thing. l e only appeal to the genius of the artist to produce that of which his genius is capable and nothing more an illustration which is created in his brain representing an event in history. In this instance wc appeal to fidelity to truth, to an exact representation of a recent person; and we ask, therefore, for a work which shall not only be true to art, bdt which shall be true to the truth of history and to the truth of personalit in every particular. No statue of Lincoln oug t over to have a place in this Ca iitol that does not represent him as he was. do not say that this young lady cannot form that; that is not the question; but I do say that the experience an knowled e and taste of the Senfrom California oug t to have taucht him not to cite as a precedent for this resolution and against my amendment, the fact that at some previous time we have given an open order to an artist to produce a purely ideal work. That is all I have to say.
Mr. DOOLITTLE. ‘With the amendment proposed by the Senfrom Vermont, it seems to me no one ought to object to the passage of this resolution.
Several Senators. We do not want the amendment.
Mr. CONNESS. We do not taunt to send the resolution back to the House.
Several Senators. No amendment; let us vote.
Mr. DOOLITTLE. Senators speak with surprise of my favorin the amendment. The amendment is simply t is: that when the genius of this young artist shall have produced the model, so that the SecyInterior can see it, then he can determine whether to go on and have the statue made or not. That is the sensible mode of disusing of this matter. I feel as much interestin this young artistes any Senator on this floor. I desire to encourage her. She is a child of Wisconsin, born in t State of Wisconsin. This amendment gives her an opportunity to produce the model, and then in case it is produced to the satisfaction of the SecyInterior the order will be made for the work. That is the sensible way of dealing with this question.
Mr. DAVIS. I have not the pleasure of any acquaintance with this young artist; but I have seen some specimens of her work, I will say of her genius. I do not profess to be a connoisseur in works of son ptnre or any of the fine arts; but it has been my fortune to see some of the earlier works of some of the most celebrated American artists in the line of sculp ture, and I think that the specimens which this young lady has iven us evidence aboutas high gifts and as muc genius in that line as any I have seen. This young lady has presented her specimens of art to the observation of the senate and of conress. She has fairly exhibited to them what s Q can produce in that line; and it is for Congress to take her upon trust, after having seen what she can achieve in this way, to the extent I think of $5,000 for the model. I was imlisposed at 1st to vote for this resolution; but I am satisfied from the discussion that I ought to do it. I am satisfied that she has given sufficient evidence as an artist of high endowment and genius in this respectto I am in favor of the authorize us to do it. In addition to that I am impelled by the universal claims of woman hood to do so in consideration of the manner in which she has been assailed on the present occasion; and impelled by these considerations I shall give a hearty and a cordial support to the measure.
Mr. HOWARD. I desire to have the pending amendment reported.
The Secretary read the amendment, which Was in line 8, alter the word “ plaster” to insert “to his acceptance 5” so that the resolution will read: That the SecyInterior be and hehereby. authorised and directed to contract with Miss Vinnie Ream for a life sizqmodel and statue of the late President. Abrabnin L|ni olu. to beexecutedby her at a price not exceeding$10,000;1/2 payable on completion of themo cl in plasterto his acceptance and the remaining half on completion of the statue in marble to his acceptance.
Mr. HOWARD. I hope that amendment will be adopted. I desire Senators to recol lect one thing connected with this matter and it is a very plain one. It is this: this artist, whatever may be her genius or want of enius, has never made a marble statue. where is the member of this body that can deny‘thut statement? Shall we employ an artist to perform such a work as this a statue which we are expected to put in the Capitol, one worthy of its great subject and of the nation itselfwho has never even made a statue? In the commori transactions of life, in ordinary business, what would such a step as this be called? I will not characterize it further than merely to state the fact. I cannot vote fora measure like this to employ an artist who has had absolutely no experience in making statues.
The PRESIDENT protempore. The nestion is on the amendment of the Senfrom Vermont.
Mr. SUMNER. I think we had better have the yeas&nays on this question. Let us see who are going to give the money away. The yeas&nays were ordered. The Secretar rocceded to call the roll.
Mr. SPRAG (when his name was called) said: I have paired oif with the Senfrom Oregon, [Mr. NESMITH] who is necessarily engaged on a committee of conference. Otherwise I should vote for the amendment and vagainstthe resolution and he would voteagainst the amendment and for the resolution. The result was aunounced yeas 7, nays 22;. So the amendment was rejected.
Mr. DOOLITTLE. It is very evident that a majority of the Senate are determined to pass this resolution, and there is no use in may 'ing further 0 position to it. Let us come to a vote upon it. “Vote!” “Votel”] After thatl Want to more an executive session.
Mr. DOOLITTLE. No. I will not do it now. The Senate evidently want to come to a vote on this question, and I will not. interfere. [“ Question I" “Question l"]
The PRESIDENT protempore. The Chair will put the question as soon as debate termi DSICS.
Skip Skip The JtResolution was reported to the Senate without amendment. ordered to a 3rd reading and read the 3rd time. Mr. HOWARD and Mr. SUMNER called fer the yeas and uays on the passage of the resolution, and they were ordered; and being taken, resulted yays 23. nays 9; 18. So the JtResolution was passed. AESASSINATION REWARDS.
Mr. SPRAGUE. I hope the Senator will allow me to make a report.
Mr. DOOLITTLE. I will yield for that purpose. if my motion will be considered as pending.
Mr. SPRAGUE. I am instructed by the ComMilAlfairs and the Militia to whom was referred the bill (H.R.No. 801$ authorizing the payment of the rewards offered by the POTUS and the officers of the War Dept in April and May, 1865, for the ca ture of Jellbrsou Davis and the assassins of this late President, Abra ham Lincoln and the SecyState. Hon. William H. Seward, to report it back without amendment, and recommend its passage; and I hope that the Senate will proceed to its consideration at once.
Mr. HOWARD. I hope we shall take that bill into present consideration.
Mr. TI UMBULL. There are objections to that bill, I understand.
The PRESIDING OFFICER, (MnANrnowY in the chair.) Is there any objection to the present consideration of the hill just reported by the Senfrom RlidIsland?
The PRESIDING OFFICER. Objection being made, it cannot be considered at the present time. PROVISIONAL COUHT IN LOUISIANA.
Mr. POLAND. Insk the Senate to take up House bill No. 468. which has bein reported from th ComJudiciary without any amendment, and will take but a moment. There will be no objeetion to it.
Mr. DOOLITTL. This is all subject to my motion for an executive session, I presume. Ifthat bill will take but a moment while the galleries are being cleared, I will not object; but I want to have an order now for an executive session and then Senators can pass these little matters.
The PRESIDING OFFICER.the question is on the motion of the Senfrom Wisconsin to proceed to the consideration of executive business.
Mr. SUMNER. I hope we may be allowed to act on one or 2 little bills.
Mr. POLAND. The bill I desire to take up will not interfere with the executive session.
Mr. DOOLITTLE. I make the motion for an executive session. It is necessarythat certain papers be referred. After we go into executive session, the doors can be considered open from time to time to consider these other matters and in that way we can dispose of much of this business that must be done and at the same time go on with the executive business.
Mr. CHANDLER. The Senfrom Ver mont [Mr. EDMUNDS] has withdrawn his objection, as I understand. to the consideration of House bill No. 801. just reported by the Senfrom l RhdIsland.
The PRESIDING OFFICER. The motion before the Senate is to proceed to the consideration of executive business.
Mr. CHANDLER. I hope that willbe with drawn for me.
Mr. DOOLITTLE. There is objection to that award hill.
Mr. POLAND. I believe I had the floor on moving to take u House bill No. 468.
The PRESID NG OFFICER. The Chair understands that the motion for an executive session was made while the President protempore was in the Chair.
Mr. POLAND. I think no motion was e. I now move an execu HQS.
The PRESIDING OFFICER. The Chair understood the motion was pending when the President protempore called the present occupant to the Chair. If that be not the case. the Senfrom Vermont is entitled to the Chair.
Mr. POLAND. The Senfrom Wisconsin gave notice that he would make the motion. I hope this bill will be taken up. We could have passed it in half the time that has been taken in discussing the order of business.
The PRESIDING OFFICER. The Senfrom Vermont having the floor, unless he yielded it to the Senfrom Wisconsin. the Senfrom Wisconsin could not make the motion to roeeed to the consideration of executive busmess.
Mr. CLARK. He made the motion before the Senfrom RhdIsland [ML Sraxore] made his report.
Mr. DOOLITTLE. I made the motion for an executive session; and by unanimous consent, while the galleries were being cleared preliminary to final action, some one asked permission to take up a little bill and it was done informally, but subjec}, as I supposed, to the motion I had made.
The PRESIDING OFFICER. If such he the state of facts. the motion of the Senfrom Wisconsin is in order. It is moved that the Senate proceed to the consideration of executive business. The motion was agreed to:
The PRESIDING OFFICER. The Ser geant at Arms will clear the galleries and close the doors.
Mr. POLAND. While the galleries are be in cleared, I ask that the doors may be consi cred open in order to take up the bill I have named. By unanimous consent, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 68) to previde for the suits, judgments, and business of the U.S. provisional court for the State of Louisiana. It proposes to transfer all suits, muses. prosecutions, and proceedin s in the U.S. provisional court for the State of Louisiana, with its records to the U.S. district conrt for the eastern district of Louisiana; and all suits, causes, prosecutions, and proceedings so transferred are to be proceeded with in that court and tried and deter mined, and process and judgment issued and executed therein in the same manner and with like effeetas if they had been commenced ori ginally in the district court; but any suit or proceeding so transferred, of which the circuit court could take jurisdiction under the laws of the U.S. is, in like manner to be heard and determined in the circuit court. In case suits or proceedings areJiending in the provisional court which could not have been instituted in the circuit or district court, the record is to remain in the district court without further action therein. All judgments, orders, decrees, and decisions of the U.S. provisional court for the State of Lou isiaua, relating to the causes transferred to the district court of the eastern district of Louisi ana, or to the circuit court held in the district, are at once to become the judgments, ordeis. decrees, and decisions of the district court or the circuit court, unless they are inconsistent with the rules and proceedings ther=of; and may be enforced, pleaded, and proveh, as the judygments, orders, decrees, or decisions of the district court or the circuit court. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. COLONKL LEWIS F. PIX.
Mr. SPRAGUE. I hope that by general consent the doors will be considered open and that the Senate may proceed to the consideration of the JtResolution (H.R.No. 207) for the relief of Colonel Lewis F. Fix. It is a very small matter, but it is very important to him that it should pass.
Mr DOOLITTL. Let the executive messages be read and referred, and then I will consent.
Mr. DOOLITTLE. Very well; I will not object. y unanimous consent, the Senate, as in ComWhole, proceeded to consider the JtResolution. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. EXECUTIVE SESSION.
Mr. DOOLITTLE. Now I insist on the executive session. The Senate (at 12 o’clock and 20 minutes) proceeded to the consideration of executive business; and the doors were reopened at 20 minutes before 2 o’clock a.m., Saturday, July 28.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep. by Mr. McPui msox, its Clerk, announced that the HoRep had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes. ENROLLBD BILLS SIGNED. The message further announced that
The SPEAKER of the HoRep had signed the following enrolled ills; which were thercu on signed by the Presidentpro tempore: A bill (S.No.223) to revive and extend the provisions of an act granting the right of way and making a rant of land to the States of Arkansas Missouri, to aid in the construction of a railroad from a oint upon the Mississippi, opposite thement of the Ohio river, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved February 9, 1863, nud for other purposes; and A bill (S.No.354) for the relief of William Creswell. HOUSE BILL nsrniiiinn. The bill (H.R.No. 816) for the relief of Rebecca J. Sheppard, was read twice by its title and referred to the ComClaims. COLLECTORS OF CUSTOMS.
Mr. MORGAN submitted the followmg report: The committee of conferenceon, thovdisazrecing votes of the 2 Houseson Senatebill No. 400.to fix the compensation of certain collectors of customs, and for other purposes.recommendthat the Senate recedefrom their disagreementto the amendments of the House and agreeto the same, with an amendment, as follows: Strike out. including the words inserted by the House, all after the words "deputy collector." in line ninc. page 2 of the bill, down to and including the word “cnsto! ns."i n the 14th line. same page and insert in lieu thereof the following: “at mthoerpe, ortsof NewYork. Boston, Philadelphia. Balti NewOrleans. Portland, and SanFrancisco and to eachof the lencral appraisersof local cus toms of Boston. Philadelphia, Baltimore. NewOrleans. Portland, and SanFrancisco. $3.00oper nn num. To eachof the depot niivnl officers and the deputy surveyors at NewYork. Boston Philadel g‘liia. Baltimore. how Orleans, Portland, and Sanmni isco.82.500;and to each of the custoinrhouse wcighersat the portsof NewYork. Boston Philadelplinian.ciBscaolt.i8m2o,0reo.opNeerwanOnriilrena, ns, Portland and Sanout of the appropria (ion for expensesof collectin the revenue from customs: Provided. That the diiional compensation of 25%., as now provided by law. lhall hecontinued to officers as aforesaid, at the port of SanFrancisco;" and the houseum'cctothe same. E. D. MORGAN. TIMOTHY O. HOWE. WILLIAM T. WILLEY. Minnow non1hrpart of theSenale. SAMUEL HOOPER, JOH‘I L i. THOMAS onssm w. SCOFIELD. Managers on the part of the home. The report was concurred in. DEFICIENCIES IN APPROPRIATIONS
Mr. FESSENDEN submitted the following report: The committee of conferenceon the disagreeing votesof the 2 Houses on the amendmentsto the hill (, H.B.No.791) being“ An act to supply delicon nicein the appropriations for the serviceof the fiscal Kearending une30, 1806a.nd for other purposes, " havinginct, after full and freeconferencehaveagreed to recommend and dorecommend.totheirrespective Houses as follows: That the HoRep rccedefromtheir disagreementtothe amcudiuonts of the Senate.numbered 6. 8. 11, 20, 21, and 30 and agree to the same. That the Senate recede from their amendments numbered 16 and 26. That the House recodefrom their disraernentto the amendment of the Senatenumbere 17 and agreeto the someWith amendmentsasfollows: insert in the 2nd line ofsaid amendmentmllcrthe swixotrhd "aenxdpseenvseens, t"htlhineewsoorfd "actually." and in the Bbld amendmentstrike out the words“ 25”nnd insertin lieu thereof the word “ ten." That the House reeede from their disarroanisnt to the 27 thamendmentof the Senate and agreeto the sonicWith an amendment as follows: strike outall nt ter the word “ dollars." in line 4.to the endof the section. That the Senate recedefrom their disagreementto the amendment. of the House to the amendmentof the Senate numbered28 and agreeto the some. W. P. FESSENDEN, J. B. HENDERSON. 0.1t. BllUKALl JW. Hammers on the part of the Senate. JOHN A. KASSON, ii.i. RAYMOND. SAMUEL J. RA NDALL. Managers onthepart of the home.
Mr. CONNESS. I hope the Senator will give us some statement of the points. '
Mr. FESSEUDEN. I can do that.by taking up the bill and examining it.
Mr. CONNESS. A brief statement is all I desire.
Mr. FESSENDEN. I suppose there is no information wanted in regar to the amendments to which the House agree. We recede from our 16th amendment, which was an appropriation of $40,000 to pay the indebtedness for the Indian service in the State of Oregon and Territory of Washington. We recede from the 26th amendment, which was an appropriation of $000 for compensation to a cler engaged in the sale of internalrevenue stamps in California. We recede from the 28 h amendment, which related to the ioymont of sums due to marshals and others lor taking the census in the South. The 27th amendment is arranged so as to meet the provision of the bill in regard to allowances to our clerks, &c. The report was concurred in.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPiiEitsori, its Clerk, announced that the House had passed the following senate bills without amendment: A bill (S.No.43) to prescribe the mode of settling the accounts of the clerk of the supreme court of the DistCol; A bill (S.No.353) for the relief of the trust ees and stewards of the Mission church of the Wy and otte Indians; and A bill (S.No.447) for the admission of the State of Nebraska into the Union. CIVIL APPROPRIATION BILL.
Mr. SHERMAN. I present a report from the committee of conference on the civil or miscellaneous appropriation bill.
Mr. EDMUNDS. Does it include the Cap itol police 7
Mr. SUMNER. And the clerks of the committees?.
Mr. DOOLITTLE. And the reporters also in our House as well as in the other?
Mr. SHERMAN. Yes air. The How recede from the proposed increase of compensation to the clerks, &c., in the Depts. As for the bouuty bill tacked on by the House, the only remaining question that I have not mentioned the House recede from that and the bill stands without any provision on that subject. I have now, I believe, stated pretty much all the oints involved. Mi): WADE. I cannot consent that this bill shall go out in the shape it is in. That the bounty to the soldiers shall be entirely stricken off and that our own compensation shall be increased will be a reproach to this Congress that we cannot stand. Here was this great army looking to us for some relief, for some equalization of their bounties; and when they see that we had under consideration in one bill a proposition to make them some compensation and also a proposition to increase our own pay, and that the result is that we totally abandon them while we nearly double our own salary, the result among the people will be to sink the party that has done it.
Mr. WADE. Both parties have done it; but we are in the majority, and are justly responsible and will be held responsible for all that is done.
Mr. SHERMAN. Let me say to my colleague that the Senate conferees felt just as keenly as he can, or as anyone can, that position; and we were prepared and went into the conference room (prepared to abandon the amendment in regar to our pay. I stated before distinctly, as I wished the whole matter perfectly understood, that we proposed to abandon it, but the House conferees left us no ound to stand upon. They withdrew their isagreement, and that was the end of the contest, though it so hap ened that a majority of the House conferees advoted against the increase of compensation in the House.
Mr. MCDO GALL. Allow me to ask the Senfrom Ohio whether a committee of corn ference representing the Senate is not bound to stand by the Senate’s vote in favor of what they have done.
Mr. SHERMAN. I have already stated that we could not do otherwise than as we have done; but after conversation with many senators who had voted for this increase of compensation, in view of the large vote in the House against it, we should have been justified in Withdrawing the proposition; but the House conferees would not allow us to do so., Mr. DAVIS. I think the House conferees behaved much better in relation to that point than the Senate conferees did. [Laughten]
Mr. WADE. I am not investigating the condnct of the committee of conference: They no doubt have done all they could, and as well as they knew how to do it; but looking at this bill, taking the 2 propositions to which I have called attention in juxtaposition, the result is so invidious that no man can defend this action, no man can go out among the people to discuss political questions and look an honest congre gation in the face and say he stands by the proceedings on this bill. I should like to receive this money, as well as anybody else; and I would do almost anythin that was honest to get money; but I cannot o it in this way. We must in some way get rid of the position in which we are now placed. We must at all events give up our own increase of ay, which will be some consolation to the so diers; but if we double or nearly double our own pay while we refuse to do anything to equalize the soldiers’ bounties, I fear that it will e the last of as, and it ought to be.
Mr. YATES. I concur entirely with the Senfrom Ohio, [Mr. WADE.1 This course in relation to the equalization of bounties will be astounding to the country. From the North west I have information by numerous letters that the elfect willbe to overwhelm the part which commits itself to such a course. I spea { not of the proposed increase in the pay of mein bers; I think tbntis right. I can stand by that asau independent proposition]; but if we fail l | to equalize bounties the effect will be to reduce our majority in the next Congress, and reduce it so materially that weshall not have the power. That is my honest conviction; and if we act in this way, I believe we ought not to have the power. I think the equalization of bounties is demanded; it is an act of justice to the soldiers; and I do hope that Congress will not adjourn till an equalization is secured. I would be in favor of extendin the time of adjournment in order that we might give consideration to that matter. I feel sure that in the north western States we cannot sustain ourselves upon any such proposition as that now presente to the Senate.
Mr. WILSON. I do not wish to be interru Jted. i
Mr. MCDOUGALL. I rise to a question of order. I submit that it is not in order for a gentleman here to comment upon the proceedin s of the other House. '
Mr. VILSON. I do not wish to say anything that is out of order.
The PRESIDING OFFICER, (Mr. A 'rnoxr.) The Chair aprehends that remarks reflecting on the other House are not in order.
Mr. ll ILSON. Sir, ifI have made any such remarks, I withdraw them. I do not wish to say anything out of order; but my opinion of such action remains unchan ed.
Mr. HENDERSON. I should like to ask the‘ Senator a question. Does he desire to reduce in the next Congress the number of Union men?
Mr. WILSON. No, sir, I do not; just the contrary; but I think I see the Treasury Dept of the Government, although there are $200,000,000 in the Treasury, using all its power and influence to defeat any bounty bill and I notice that the new friends and allies of the SecyTreasury are meeting in every county and congressional district and wherever they can assemble together, and denouncing Congress for not equalizing bounties. I see these things; I know their effect; I wish to put Congress right now. When the storm comes, if it shall come, I do not mean that anyone shall say that I did not do all in my power to avert it. It is plain to my mind that at any rate if we defeat any bounty bill we should not give increased compensation to any of the employes of this Government or to ourselves. Let the country understand, let the men who fought our battles understand, that it was the condition of the Treasury which would not permit us to increase our own compensation or the compensation of our employees, or to pay them any additional bounty. There won (1 be reason and justice in that, and as I have no doubt of the patriotism of the soldiers of the country, I" believe they would look at things as they are. If anybody supposes that if the defenders of the country see us increase our own compensation and the compensation of the employee of this Government while we do nothing {fit them, it will have no effect in this country,0 is very much mistaken. Justice to the men who enlisted from the 19th of April, 1861, to the 17th of October, 1863, for the bounty of $100 and no more, demands that we should give them at least an additional bounty of $100. Refuse to concur in this report which rejects the Senate bill for the equalization of bounties put on it by the vote of the House, appoint another committee, and then the matter may be adjusted by the adoption of a plan I have provided and placed in the hands of a member of the House.
Mr. FESSENDEN. The ground upon which the honorable Senfrom Massachusetts opposes the acceptance of this report is to me a Iittlo singular. It is that in 2 cases the decision of the conference has been in accordance with the votes of the Senate. The Senate voted by a very decided majority, aided by the Senator’s own vote, to increase the compensation of members of Congress. The Senate voted by an almost equally decided vote not to pass the bounty measure which he offered as an amendment to this bill. The committee of conference now report on both those points precisely what the Senate wished, juding by their votes, and now the Senator says to cannot vote for the conference report.
Mr. SHERMAN. And he voted for this bill on its passage.
Mr. FESSENDEN. Yes, he voted for the bill on its passage through the Senate in just the shape in both these respects that it is now. The Senator’s position looks to me a little sin gular; he places himself in an odd kind of atti tude. I have been in the habit of thinking that when a man had his own way he ought to be satisfied. '
Mr. FESSENDEN. The Senate has had its own way in both instances; the decision of the conference committee is exactly in accordance with the votes of the Senate. The Senate conferees were under orders to aecomplish these very results, if we could. They have both been accomplished in accordance with very decided votes of the Senate; and now gentlemen say “ We cannot agree to the acceptance of the report.” I think the committee of conference have a right to claim the support of the majority of the Senate, by whose orders they acted and in accordance with whose wishes the report has been drawn up and submitted. Wit regard to these matters I did not in tend and 0 not think it desirable to have any dispute. I have often said what was my rule of action: if I made a mistake in the tranmction of business I generally kept it to myself as long as I could and let other people find it out; when they found it out it won] be time enouvh for me to defend myself and to explain why I did what I did, or to apologize for it. But the honorable Senfrom Ohio [Mr. “[05] and the honorable Senfrom Massachusetts, [Mr. WILso‘s] as good politicians, excellent party men, having tEe good of all at heart, think it advisable to notify the country that there has been avery great mistake and to call upon the country to visit it upon them and their friends by turning them out of office! I think they might just as well have waited a little while, atan rate. I believe it is the substance of an 01 Arabian maxim thatI have seen somewher‘, “If your friend commits a fault, cover it with your mantle.” But the doctrine of my 2 friends seems to be in regard to their friends in the Senate and in Congress. if they commit an error blazon it to the world, make the most of it, and invite everybody to punish them accordingly. It is most admirable sense, admirable management I Now, sir, I think as the thing was done and it cannot be helped
Mr. FESSENDEN. Then it might have been opposed in different terms, in my judgment. fdo not agree with the Senators. I think that the passage of the bounty bill at this session would have been most decidedly an error, and a gross one, for 2 or 3 reasons. In the 1st place, no such bill was devised until the last moment, when we had no time to consider it, and then it was sprun upon an appropriation bill. Again, no bill has been devised that was in any way an equalization or could have been made an equalization of bounties that would not have created as much dissatisfaction and as much grum bling through the country as it would create satisfaction. None has been devised in either House. Another thing: the one thatavas re. jected by the Senate, and which the House adopted as an amendment to this bill, is one that would take out of the Treasury certainly not less than $850,000,000.
Mr. FESSENDEN. The Senator does not know better. Very good calculators and very good judges place it higher.
Mr. WILSON. General Brice estimated it. at $250,000,000 and Mr. Brodhead about the same.
Mr. FESSENDEN. But that is a great deal too much to take out of the Treasury in the present state of things. h
Mr. IdDhIUNDS. I beg leave to say a word. as I represent a small number of the soldiers of the Union very small, it is true, because of those whom Vermont sent to the war more fell in battle than from any other State except the gallant State of Kansas, as the official rec ords show; but still enough have returned to influence in a certain degree public sentiment, and to represent to as fairly, probably, what the real sentiments of the soldiers are. New, so far as my knowledge goes, and I am informed by other Senators that it concurs with theirs, the real soldier, above all other things, loves justice and fair play. He does not want a bounty which is taken out of the pocket of some other soldier to pay him; he does not want a bounty, well and hale and strong himself, to crown the honor that he has gained in warfare, while the widow of any brother soldicr, or his orphan, or while any brother wounded soldier is pining for the necessities of life. He does not want the Government's money under any such circumstances. He does not want the money of the Government while men who have not been in the service, but have been in the troubled sections of the country and who have been crucified on account of their love to the old 'llag are still unprovided for in every respect whatever. That, air. so far as my knowledge goes, is the sentimentwhich fills the bosom of the true soldier. How many, I should be glad to have the Senfrom Massachusetts tell me. of those 700,000 that he parades before us have petitioned either House of Congress for this bounty? Is it one in1,000? Is it one in 10,000?
Mr. EDMUNDS. Possibly. Call it one in. 10,000 then.
Mr. WILSON. We have 1000s of pe titions.
Mr. WILSON. I desire to so aword or 2 in response to the remarks may 0 by the Senfrom Vermont.
Mr. DOOLITTLE. Will the honorable senator permit me to introduce a JtResolution containing 2 sections? It is evident thatwe cannot do anything in regard to bounties on this bill; but possibly we may pass this JtResolution which I desire to introduce. I send it to the desk to be read.
The Secretary read the proposed resolution. It proposes to direct the ComrGLO and the ComrPensions, under the direction of the SecyInterior, to prepare and submit to congress at the next session a bill to equalize the bounties paid to the soldiers of the U.S. by the Federal Government by issuing to them land warrants. with power to locate, them upon the reserved alternate sections along the line of the various railroad grants through the public domain. It also proposes to authorize the heads of the several Depts to submit to Congress at the next session bills for the reorganization of their clerks and employees and for a proper adjustment of their salaries; and to grant from the 1st Mon day of December last to the 4th of March next 20%. additional to their respective salaries to those clerks and employees who are heads of families.
Mr. FESSENDEN. Let that lie over until tomorrow. I want to have this bill settled to night: it has got to be enrolled.
Mr. DOOLITTLE. We cannot do anything with the bounty business on this bill.
The PRESIDING OFFICER. The resolution cannot be received, objection being made. The question is on agreeing to the report of the committee ofconference on House bi 1NO. 787.
Mr. WILSON. I think there was something in the tone of the Senfrom Vermont that neither he nor I have a right to assume in this body. He is pleased to characterize the bill reported by the ComMilAffrs of the Senate as acrude measure; and what is his criticism upon it? Why, this one single thing, easily corrected: that if a man left the service of the country on account of sickness he could not have his bounty beyond the time he served, while the man who left the service on account of wounds that were clear and palpable to anybody could receive his bounty as though he had served out his entire enlist ment. That is all there is in the Senator's criticism. Sir, permit me to say that this bill was drawn with great care, that it was put into the hands of 4 or 5 men connected with the Government in the War and in the Navy Depts, and I say here today that it. was a perfect equalization as far as the Federal government IS concerned: and there is not a sin gle section of that bill that is not clear and plain to the comprehension of all men who understand how business is done in those offices in the War, Navy, and Treasury Depts, and what we intend to accomplish. ldo not measure myself with the Senfrom Vermont in regard to aknowledge of p blic opinion, although I have lived quite as long as that Senator, and looked in the faces of quite as many 1,000 men as himself. He may be right in this matter; I hope he is; but according to my poor comprehension, there is not a press in the country hostile to the mens ures ofCongress and there are many presses that are hostile both to the measures “to the men, whether that hostility comes from one cause or another that will not from the day this Congress ndjourns till we meet again hold up before the country and thereby endeavor to affect the public judgment, the fact that this Congress increases the compensation of its employees and its own and casts out entirely all measures to “give bounty to the soldiers.
Mr. FESSENDEN. We have not given any bounty to ourselves, have we?
Mr. WILSON. No; but we have given increased compensation.
Mr. HENDERSON. One Senator is reduced $2.000.
Mr. WILSON. And his mileage oughtto have been reduced long ago.
Mr. HENDERSON. Do you call that an increase?
Mr. WILSON. It is an increase generally. Some of the Pacific members do not get an increase, and I think, considerin how long they have enjoyed the great privilege of the mileage, they ought to bear it well. I want this matter corrected now before we part. Then let this bill go to another conference committee and let the committee strike our increased compensation out of it or put a bounty provision into it.
Mr. SHERMAN. We have now debated this question one hour, when there is not ii single provision in this bill as it stands that was not in it when it passed the Senate by a unanimous vote. The very propositions about which this contest has been made were settled in the same way in the bill as it then stood and as it was voted for by the Senfrom Massachusetts.
Mr. WILSON. That is very true; but I understand that the House were to put on the bounty bill as they have done.
Mr. SHERMAN. They proposed to put on the bounty bill; but in the conference they withdrew that, so that the bill now stands precisely us it stood when it passed the Senate; and yet you are debating about it? Is it not a strange spectacle “I The House may have a controversy about it; but we passed this bill in the very words in which it now stands unanimously. We settled both the disputed propositions by decided votes. The Senate conferees simply stood by the action of the Senate, and succeeded in maintaining that action by the House withdrawing all their counter pro positions. Now, the very bill that passed the Senate unanimously after debate is brought back here, and you talk about rejecting it because the House conferees withdrew fnom our consideration their amendments rind reed to the bill as we passed it. How ridic u one an aspect that is for the Senate! It seems to me we ought to end this matter at Once and send the bill to the House.
Mr. WADE. I have no disposition to find fault with What the Senate or what Congress has done on this subject. I know they are very difficult questions of adjustment, and I have as much confidence in the justice of the people as other gentlemen have; and when I 5 aka, of the wnyt 0 people would view this, did it because I know that the people will judge us as they ought. to do. on the prmciples of jus tice and right, as between man and men. I am afraid of their judgment on this proceeding, because I know theywill judge it lionestly and properly. The Senfrom Maine told us that the people had not moved upon this subject, or words to that effect; that the soldiers had asked nothiii at our hands.
Mr. FESSENDEI. I did not say the soldiers.
Mr. DOOLITTLE. I hope we shall have the question. '
Mr. FESSENDEN. Do not make a speech, then.
Mr. DOOLITTLE. I shall make no speech about it. The Senfrom Maine will un' derstund that I am just us anxious to get to a vote as he is himself. I say let us come to a vote on this question and immediately, for I desire to take up for consideration the resolution I submitted authorizing the ComrGLO and the ComrPensions to prepare a bill to be submitted to the next Congress by which we can equalize these bounties and pay them in lands and allow the soldiers to select them on the alternate sections on the land grants. We have got land, but we have got no money in the Treasury.
Mr. DOOLITTLE. Very well; let us take the vote.
The PRESIDENT protempore. The question is, Will the Senate concur in the report of the committee of conference which has been read?.
Mr. IVILSON and Mr. LANE called for the yeas&nays, and they were ordered; and be ing taken, resulted yeas 26, nays 14; 11. So the report was concurred in.
Mr. DOOLITTLE. I desire to give notice that I shall call up the resolution to which I have referred in the morning, with a view to have it go to the House, if the Senate will consent to its passage, in time to be acted upon at the present session.
Mr. WILSON. Imove to take up House bill No. 602, to equalize the bounties of soldiers, sailors, and marines who served in the late war. '
Mr. FESSENDEN. I hope not. We have a great deal of business that we must finish to night, and it is perfectly manifest that we cannot)ass a bount bill at this session.
Mr. POLAND. I move to take up a privileged question, the resolution reported by the ComJudiciary in relation to the seat of Mr. Patterson, whose credentials were presented yesterday. I understand that the JtResolution which was passed and sent by us to the House has been laid on the table; so Isupposewe shall have no official notice from the House of the disposition ofit; and I therefore move to proceed to the consideration of the resolution reported by the ComJudiciary.
Mr. CONNESS. I do not know how much privilege that question has; but I wish to state to the Senate that the ComPostOffices have made efforts to get the floor all day, to call the attention of the Senate to a postoffice appropriation bill which the House has passed, and which is here before us, and upon which action is necessary and demanded; otherwise, a large portion of the postal service will fail. It is very essential to take it u. It is an appropriation bill.
Mr. ] HNSON. There will be no debate on this, I ima ine. It isa privileged question.
Mr. FESSEI DEN. There are certain things that we must finish to night, because, we shall have no time to attend to them in the morning. We must finish the executive business.
Mr. CONNESS. This is an appropriation bill, and ought to be attended to.
Mr. FESSENDEN. I hope Weshall finish that 1st, because it is absolutely essential.
Mr. CONNESS. I move to postpone all prior orders the pRESIDENT otemporc. The motion of the Senfrom Vermont, as a privileged question, the Chair is bound to entertain. It is in the power of the Senate, of course, to dispose of it, but it is a privileged motion, and the Chair must entertain the motion.
Mr. POLAND. I do not apprehend that this question will take any time, or that anybody as any disposition to debate it. I suppose all was said upon it on either side that is desired to be said. The passage of the JtResolution today by an almost unanimous vote signified the sense of the Senate in relation to the propriety of receiving this gentleman as a member of the Senate.
The PRESIDENT protempore. The Senfrom Massachusetts was in order in his motion, and the Chair entertained it. The Senfrom Vermont then made' his motion, which, in the opinion of the Chair, is a privileged question, inasmuch as it concerns the organization of the body. The motion of the Senfrom Vermont, in the opinion of the Chair, takes precedence of the motion of the Senfrom Massachusetts, and is 1st to be put. As to the illustration which the Senfrom Illinois gives, that if the motion of the Senfrom Massachusetts had been put and the bill was before the Senate, then the motion of the Senfrom Vermont might be in order to displace it, in the opinion of the Chair, if it would displace the bill when u, dfurtiori it would displace the motion to hair: it up when
Mr. FESSENDEN. Let us have a vote upon it, then.
The PRESIDENT protempore.the question is on the motion of the Senfrom mont. The motion was agreed to. Senfrom TENNESSEE. The Senate accordingly resumed the consideration of the resolution reported from the ComJudiciary which, as it had been amended, was as follows: Revolver That Hon. David T. Patterson, upontaking the oaths requiredby the Constitution and laws be admitted to a seat in the Senate of the U.S.
Mr. SUMNER. Let us have the yeas&nays on that. The yeas&nays were ordered.
Mr. WADE. I do not know whetherhe took the pay or not. It is immaterial whether he did or not. I have no doubt he did take rebel pay. He was entitled to it, for he was ajudge on the bench sworn to maintain that government, sworn to defend its laws, sworn to enforce them against all loyal men. If loyal men did their duty, and he was a true judge to the confederacy, he would have to hang them. If they committed treason, and it would have been treason under their law for a man to do anything to levy war against that confederacy, he would be bound to hang them.
Mr. HOWE. He had not jurisdiction of such crimes as treason againstt e confederacy.
Mr. WADE. Well, other crimes; I do not care what you call them; assault and battery. If you had gone down there and violated any law of the confederagy in any way, he would have enforced the pen ty against you, although only 27, you were in the employment. of the U.S., obeying our laws, and performing your duty as a peaceable and just citizen. That was the predicament the man occupied; and then the Senate of the U.S. are to disre gard the law that they themselves have made and permit him to come here and swear himself into this Senate right over your laws. ‘It can be done; but, sir, it cannot be done by my vote.
Mr. BUCKALEW. Although it is an uncomfortable hour to speak, [four o’clock a.m., ] and somewhat hazardous to follow so impressive a discourse as that to which we have just listened, I shall submit a few observations in vindication of the vote I shall give upon the pending proposition. There is an old saying which comes to us from high authority, the very hi best authority that we acknowledge, which declares that “ the letter killeth, but the spirit maketh alive.”
Mr. WADE. Let the letter kill is all I ask.
Mr. HOWE. The judgment of the law makes it unnecessary or you to expel him. On conviction he sha I submit to these penafties and be deprived of this office. Now, I do not see any danger of getting your Chamber full of rebels under this law, if you stand by it; but, on the contrary, it does seem to me to be a little harsh for you to say, 1st, that a man shall take an oath before he shall take a seat here in addition to the oath to an port the Constitution of the U.S., an that you shall say then that that is a qualification for office, and that you shall then enter into an investigation of the question whether he can take that oath truly or not; in other words, try him before he has sworn; and finding that he would be guilty if he did swear. say that he shall not take the oath at all; and really, act equally, and literally impose upon him one of the heaviest penalties in that statute; that is, deprive him of his office. I think that is rather harsh. I would not like to do it. I do not see any state of necessity that drives us to it. I believe there is none.
Mr. POLAND. I believe when the report was brought in from the ComJudiciary it was not ordered to be printed, and I desire that that order shall be entered.
The PRESIDENT ro tempera. The order to print the report wi be entered if there be no objection.
Mr. POLAND. I do not intend to go into any argument of the question at this time. The facts that have been reported by the committee were agreed upon by all the members of the committee. fithough there was some difference of opinion among the committee in reference to the proper resolution to be reported formally, the facts that are stated in that report were agreed to by every member of the committee. There was no dispute in reference to what the facts were. The vote. of the Senate today on the JtResolution that was passed was a declaration on. the part of the Senate that Mr. Patterson, who resents himself as a Senator here, is a fit an proper man to be a Senator. It is a mere question of form, it seems to me. If, in view of the facts that are reported and of the action of the senate that has been taken upon it, Senators see fit to reject him, I certainly shall have no objection. It will be a matter for them to settle, not for me. The nestion being taken by yeas&nays, resulte yeas 21, nays 11; 18. So the resolution was adopted.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnRsos, its Clerk, announced that the HoRep had disagreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (H. It. No. 737) making appropriations for sundry civil expenses of the government for the year ending June 80, 1867, and for other purposes, asked a further conference on the disagreeing votes of the 2 Houses thereon, and had appointed Mr. JAMES F. Wu. SON of Iowa, Mr. N. P. BANKS of Massachusetts, and Mr. W. E. Nisuexot'lndiana, man agers at the same on its part. ENROLLED BILLS SIGNED. The message further announced that The SPEAKER of the HoRep had signed the following enrolled bills which were thereupon signed by the President protempore: A bill (S.No.43) to prescribe the mode of settling the accounts of the clerk of the supreme court of the DistCol; A bill (S.No.853) for the relief of the trus tees and stewards of the Mission church of the Wy and otte Indians; A bill (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes; and A bill (S.No.447) for the admission of the State of Nebraska into the Union. CIVIL APPROPRIATION BILL. The Senate proceeded to consider its amendments to the bill (H.R.No. 737) making appropriations for sundry civil expenses ot to Government for the year ending one 30, 1867, and for other purposes, disa reed to by the HoRep and On motion of Mr. SHERMAN, it was Remloed, That the Senate further insist upon its amendments, andfurlherdisazrce to the amendments of the HoRepto the amendments of the Senateto thesaidbill. andagreeto the further conferenceasked by the House on the disuresmg votes of the 2 Houses thereon. Ordered, 'I ‘hntthe managerson the part of theSonate be appointedby the Presidentpro tempore.
The PRESIDENT proicm are appomted Mr. SHERMAN, Mr. HARRIS, an Mr. Enuusns. ros'rar. ssnvron. On motion of Mr. CONNESS, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 815) supplemental to the act to appropriate money for postal services. The bill proposes to appropriate $486, 525 for carryin the mail upon the post roads established Iiy acts of Congress passed during the 1st session of the 39th Congress for the fiscal year ending ] unc 30, 1867.
Mr. RAMSEY. There is a communication from the PostMGenl in explanation of that bill. If it is read it will satisfy everybody.
Mr. FESSENDEN. That is not necessary. The postoffice Committee have examined it, and say it is all right.
Mr. RAMSEY. Very well. The bill was reported to the Senate, ordered to a 3rd reading, read the 3rd time, and passed. MASSACHUSETTS AND MAINE CLAIMS.
Mr. SUMNER. I desire to take 1:. a JtResolution (S. It. No. 143) respectin claims of Massachusetts and Maine, which reported this morning from the ComForRel.
The PRESIDENT protem ore. Itrequires unanimous consent. The C air bears no objection. The JtResolution was read.
Mr. BUCKAIJSW. I objected to proceeding to the consideration of that resolution, but the Chair did not hear me. I do not think it is a measure that we should pass at this stage, of the session.
Mr. BUCKALEW. I know it was considered in committee about 5 minutes perhzi s; but it was not investigated. I am inclinerfto the opinion that the principle of aying interest which it recognizes is one which has not been followed by the Government, and is a departure from our uniform practice. Itseems that some bill passed at some stage in our history in relation to a claim of Maryland; and that is seized upon and pressed into the service obviously upon the face of this resolution, because it requires some support other than that derived ffom general principles.
Mr. SUMNER. Sinip y to apply the rule here; that is all. This resolution is merely to have these claims audited; that is all.
Mr. BUCKALEW. The claims date back to 1812 or 1816. How much they are, what is their nature, what equities are connected with them, we know nothing about, and we have not time now to investigate. I have never seen any apers in the case.
Mr. SUMNER There were ample papers before the committee of which the Senator is a member; it was considered on 3 several days in that committee, and finally the committee came to the conclusion which is expressed in the resolution.
Mr. BUCKALEW. I presume the committee had about the information the Senate have; and that is the fact that the Senfrom Massachusetts has convinced himself that this amount cu lit to be paid.
Mr. SUMNER. 0t at all. I took comparatively little interest in it; others on the committee took more interest in it that I did. The Senfrom Maine, who is now absent, [Mr. Moniiil.i., took a deep interest in it.
Mr. BUCKALEW. It is against the practice of the Government to pay interest upon unasccrtained demands.
Mr. POMEROY. In my State we cannot get the Government to pay us the principal of what it owes us. The Government owes us for organizing troops and we cannot get the principal.
Mr. BUCKALEW. Unascertained, unset tled obligations of a Government, as a general rule, bear no interest. It seems to me like a pretty “smart” proceeding to hunt up some precedent, which may have been accidental or the result of peculiar circumstances, and to use that to pile upon the Government a quan tity of interest on these old claims.
Mr. SUMNER. If the Senator perseveres in his objection of course I shall not press the resolution now.
Mr. BUCKALEW. object. It was considered in comI think it my duty to EXECUTIVE SESSION. On motion of Mr. FESSENDEN, the senate (at 15 minutes past 4 o’clock a.m.) proceeded to the consideration of executive usiness, and remained in executive session till liiilf(past 4 a.m. , when the doors were reopene.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPI‘IEILSON, its Clerk, announced that the HoRep had a eed to the amendment of the Senate to the bil (H.R.No. 62) directing a district court to be held at the city of Erie, in the State of Formsylvania. The message further announced 1.at the HoRep had agreed to the report of.the 2nd committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.138) to increase and fix the military peace establishment of the U.S. ENROLLED BILLS SIGNED. The messagealso announced that The SPEAKER of the HoRep had si tied the followmg enrolled ills and JtResolutions; which were thereupon signed by the President protempore: A bill (H.R.No'. 62) directinga district court to be held at the city of Erie, in the State of Pennsylvania; A bill (H. It. No. 468) to provide for the suits, judgments, and business of the U.S. provisional court for the State of Lou ismna; A bill (H.R.No. 696)to authorize the use of the metric system of weights and measures; A JtResolution (H.R.No. 197) authoriz ing a contract with Vinnie Ream for a statue of Abraham Lincoln; and A JtResolution (H.R.No. 207) to pay Colonel Lewis F. Fix. MILITARY PEACE ESTABLISHMENT.
Mr. HOWARD. I should like to hear some explanation of the report of this committee of conference.
Mr. WILSON. The Senate bill as passed by us, with very few modifications, is tie bill as it now stands, the amendments being of very little account, excepting one on which we had the main controvers. The bill as passed by the Senate provide for 6 additional regiments of cavalry, making 12 regiments al together. That is altered to 4 additional regiments; we give up two. We have the same number ofartillery regiments and infantry regi ments as the Senate bill provided. The 45 infantry regiments are made up in this way: 37 white regiments, composed of the ten old regiments and the 27 battalions with ten companies added; then 4 regi ments of colored troops and 4 re inieuts of Veteran Reserves. This is our bil With a few slight amendments. The report was concurred in., EXECUTIVE SESSION. The Senate proceeded to the consideration of executive business, and after 15 minutes spent therein the doors were reopened at ten minutes before 5 o'clock a.m. CIVIL APPROI’RIATION BILL.
Mr. SHERMAN, from the 2nd committee on conference on the disa reeing votes of the 2 Houses on the bill (H. t. No. 737) making appropriations for sundry civil expenses of the Government for the year ending 30th June, 1867, and for other purposes, reported that, after full and free conference, the committee were unable to agree.
Mr. SHERMAN. There is but one point of difficulty. The Senate conferees proposed to recede from the amendment in regard to the pay of members, but found that that was not at all in the way i that could be laid out of view; the only difficulty is in regard to the question of bounties. The House insist upon some legislation being bad in regard to the bounties, and their conferees submitted a proposition which we did not feel at liberty to accept. will say that the proosition submitted is much more moderate on much more reasonable then any I have yet seen; but we considered that the action of the Senate did not leave us at liberty to accept it.
Mr. WILSON. I hope the Senator will have it read.
Mr. SHERMAN. I will state the substance of it. It provides that all soldiers enlisted after April 19, 1861, for a period of 3 ears, and have been honorably discharged, an who have received or are entitled to receive under existing laws a bounty of $100, shall be aid an additional bounty of $100 each; and that any such soldier who enlisted for less than 3 years and has been honorably discharged on account of wounds received in the line of duty, and the widow and heirs of any such soldier who died in the service of the U.S or of disease and wounds contracted while in the service and in the line of duty, shall be paid the additional bounty. All who have served 3 years under an enlistment for 3 years and been honorably discharged get $100; where they have not served the 3 gears under an enlistment for 3 years, but have been discharged on account of wounds or sickness incurred in the line of duty, they or their widows or heirs are to have $100. In case the enlistment was for 2 years, as it seems to have been in some of the States, the bounty is 50 dollars. The conferees on the part of the ITouse say the have made a careful estimate of the cost that this will involve, and it will amount to about 65 million dollars.
Mr. CONNESS. Is there any provision to prevent assignments?
Mr. SHERMAN. The same as in the other proosition. it
Mr. WILLIAMS. Does this contain the same provision with respect to bounties here tofore received?
Mr. HOWE. Does it apply to soldiers enlisted after October 17, 1863?
Mr. SHERMAN. The other provisions are similar to those contained in the Senate bill about bartering, transferring, the It is, in brief, a bounty of $100 for 3 years' men who got but $100 bount'y, and 50 dollars to 2 years’ men. Those who got more than $100 bounty, or are by law entitled to more than $100, are excluded.
Mr. WILSON. I hope we shall agree to that proosition.
Mr. SHERMAN. The Senate may instruct the conferees.
Mr. JOHNSON. I should like to know from my friend, the chairman of the ComFinance, whether the Government can get on without the other afiropriations in this bill.
Mr. FESSENDEN. My judgment is that the bill is not so necessary as that we should throw away $65,000,000 to save it. Undoubt edly it contains many important provisions for the support of the Government, but I do not think their passage is of sufficient importance to authorize any gentleman who thinks this money ought not to be taken out of the Treasury to change his opinion. Each Senator must decide for himself. '
Mr. TRUMBULL. I move that the committee of conference be instructed to agree to that proposition of the House.
Mr. DOOLITTLE. I wouldinqnirewhether it would not be better, in consideration of the situation of the Treasury and the finances, that either the whole or a part of this at least should be provided for in the shape of bounty land warrants.
Mr. SHERMAN. We proposed that to the House conferees and they rejected it at once.
Mr. TRUMBULL. The proper motion, I suppose, would be to recommit the report to the committeee with instructions to agree to that proposition.
Mr. WILSON. I desire simpl to say sword in regard to this proposition. Under no possible circumstances can the amount under it go beyond 66 or 67 millions. You know precisely the number of men included, and there is no trouble in telling how much money will be required. There is another thin about it; it cannot be paid under 2 years sail a half or 3 years at best, so thatit will not take more than $30,000,000 a year out of the
Mr. HENDERSON. When the bounty bill Treasury. ’, Mr. HOWE. Is it to be paid in bonds?
Mr. SHERMAN. No; it is to be paid in money. I would never agree to issue bonds to the soldiers, for that would be a confession of insolvency.
Mr. EDMUNDS. I think we shall do an altogether wiser thing to adhere to the resolution which we have adhered to so far, not at this late moment to undertake by a sudden dash to ado ta propOsition which is not even read to us, an which we cannot comprehend the details of or its aplication at this time. Now hearing it statecFoneeand hearing it talked of, there are several objections (aside from the general one which has been submitted) which occur to me. They are objections to me; they may not be to others. In the 1st place, like all the previous rop positions, it does not provide for those so diers who have been discharged from service on account of disease contracted in it, while the pension laws always do, and while this very prop position itself agrees to the principle of that by givin this bounty to the Widows of those who actually died. All those soldiers are excluded. The most needy, the most deserving of any (except those who are totally disabled) are those who have been dischargedfrom sickness contracted in the line of theirdnty, and from which a great many of them have never recovered, and who are more objects of pity and commis eration than any other class of soldiers whatever.
Mr. CONNESS. It is very easy to amend it in that respect.
Mr. EDMUNDS. I am speaking of the proposition as it is. In the next place it appears to me to be altogether unjust to shut out all that large class, the soldiers who, by the pressure of necessity or by the devices of sharp ers, agents, and fraudulentor pretended friends, have been induced to assign their 1‘1"l1iSto bounty. In the pension laws we never do that, but on the contrary,we give to the soldier his pension and declare that the assignee shall have no part of it. I consider a provision of that description to be radically unjust. The soldier is casdy imposed upon when he returns; an agent gets hold of him and gets an assignment. Now, we propose to prevent the agent from etting this bounty by declaring that the soldier shall not have it! We do art from the theory we have always pursue in providing for the soldiers by way orpensions. I think it wrong in that respect, and I think it wrong, as I said before, in the respect that it gives to a soldier who served his 3 years and took the bounty which was then provided and which would then buy as much flour or bread, almost, as the increased bounty given afterward, on account of the depreciation of the currency and the increase in the price of all the commodities used in life an increase of $100, while to his fellow soldier who reen listed from the same regiment it gives nothing; so that it is really now, when the facts come to be seen, a premium to the vsoldier who refused to reenlist and a discrimination against the one who did re'enlist and fight it through. I do not want to occupy the time of the Senate, but I think it altogether unwise and unsafe to hastily dash at this proposition in this way.
Mr. WILSON. e veterans who re'enlisted received $400 bounty for reenlisting and had a year of their time given in. They enlisted in reality for 6 years and we gave back one year and $500 bounty, whereas the men who served out their full time of 3 years got only $100 bounty.
Mr. WILLIAMS. I ask the Senator whether if any classes are now omitted that may not be remedied by an amendment at the next session. If this bill be passed now, can we not amend it next year in any respect where it may be found defective '?
Mr. HENDERSON. These troops were included in the bill of the Senfrom Massachusetts, and the ComMilAffrs, after mature examination, reported that these troops should be included. If I am required to vote any bounty, I think I must insist upon giving it to these 10,000 men in my State. They certainly would look at me with wonder and astonishment if I had voted for giving $200 to other soldiers and nothing to them. If I were to do that I should be ashamed to go before them a in. I have n’otpressed the matter, Because did not suppose it was the feeling of Congress at the present session to increase the bounties. I con. fess that I have not shown much anxict to increase the bounties; but now, at the c ose of the session, I am asked to ignore the services of these 10,000 men and to vote $200 bounty to other soldiers, and to say they shall have nothing. If under any circumstances we are to pass any measure of this kind, we certainly should have a proposition that would include these men.
Mr. CONNESS. I simply rise to suggest that if this propositin be adopted by way of instruction to the committee of conference. it ought to be with the understanding that the committee shall have power to make some changes in it. For instance, the suggestion of the Senfrom Vermont that it should as extend to crippled and disabled soldiers, is certainly correct.
Mr. CONNESS. I desire to leave some discretion to the committee.
The PRESIDENT protempore. The motion is that the report be recommitted to the committee of conference with instructions to accept the House proposition stated by the Senfrom Ohio.
Mr. EDMUNDS. I move to amend the instructions, so that instead of those soldiers who have assigned their claims being prohib ited from receiving bounty the committee shall reports. provision that those soldiers shall have the bounty and no assignee shall be entitled to anv part of it. The amendment was rejected.
Mr. EDMUNDS. I will move one further amendment, and that is that the committee be instructed to endeavor to procure an agreement to extend this bounty to' those soldiers who were discharged on account of disease contracted in the line of duty.
Mr. EDMUNDS. I do not so understand it. It extends to the widows of those who died of disease contracted in the line of duty, but not to those men themselves if they are living. My object is to put them on the same footing here that they are put under the pension laws.
Mr. WILSON. I will simply say that not one in 20 of the men who were discharged HI‘OHI‘HIO Army on account of disease were ever injured by their service. During the 1st year and a half of the war almost anyone could get off on that lea; a re iment would be brought into the fied and be ore they ever looked an enemy in the face 2 or 300 men would be discharged, and scarcely. one of them have any permanent disease. The amendment was rejected.
The PRESIDENT protempore. The question is on the motion of the Senfrom Illinois, [ML Tswana] ‘
Mr. NYE. I desire to say that on this vote I am paired with the Senfrom NewYork, [Mr. Momma] The (question being taken by ycas&nays resulte yeas 28, nays 5; 17. So the motion was agreed to. EXECUTIVE SESSION. On motion of Mr. DOOLITTLE, (sat ten minutes past 5 o’clock a.m.,) the Senate proceeded to the consideration of executive usiness, and remained in executive session till ten minutes before 7 o’clock a.m., when the doors were reopened. CIVIL AITRK’RIation BILL.
Mr. SHERMAN. I am directed by the committee of conference on the disagreeing votes of the 2 Houses on the bill (H.R.No. 737) making appropriations for sundry civil expenses of Government for the year ending June 80, 1867, and for other purposes, to submit a report. I will state that this is precisely the report that was made before, exec tthat in pursuance of the instructions of the senate we have added the bounty proposition which was offered by the House and stated to the Senate before.
Mr. SHERMAN. On this statement, perhaps the Senate will dispense with the resing of the report.
The PRESIDINGOFFICER, (Mrfomsaor chair.) The reading of the report may be dispensed with by unanimous consent. The Chair hears no objection. The report was concurred in.
Mr. SHERMAN. My llllPI'CSRlOIf is that we had better wait awhile to see what the House does with this report.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. Mcfnzasos, its Clerk, announced that the HoRep had passed without amendment the bill (S.No.265) to protect the manufacturers of mineral waters in the DistCol, and for other pur’ poses. ENROLLED BILLS SIGNED The message also announced that The SPEAKER of the HoRep had signed the following enrolled bills; which were thereupon signed by the President prolempm'e: A bill (S.No.247) donating certain lots in the city of Washington for schools for colored children in the DistCol; and A bill (H.R.No. 815) supplemental to the act to appropropriate money for postal services. REPORTS OF COMMITTEES.
Mr. WILLIAMS, from the ComClaims, to whom was referred the petition of Elizabeth H. Smith, widow of Lieutenant R. H. Smith U.S. 3rd artillery, reported a bill (S.No.451) for the relief of Ira. Elizabeth R. Smith; which was read and passed to a 2nd reading.
Mr. RAltISEY, from the Committee on revolutionary Claims, to whom was referred the petition of Andrew Russelfs heirs, submitted a report thereon; which was ordered to be printed. EXECUTIVE SESSION. On motion of Mr. DOOLITTLE, the Senate again proceeded to the consideration of exce utive usiness. At ten minutes past 7 o’clock, a.m., (Saturday, July 28,) the doors were reopened, and the Senate adjourned to meet at 9 o’clock a.m.
###HOUSE OF REPRESENTATIVES. FRIDAY, July 27, 1866. The House met at 11 o'clock a.m. Prayer by the Chaplain, Rev. C. B. Borx'ros'. On motion of Mr. STEVENS, the reading of the Journal was dispensed with. HORATIO STONE. On motion of Mr. FARNSWORTH, the ComAppropriat were discharged from the further consideration of the petition of Horatio Stone, and the same was referred to the ComLibrary. WILLIAM B. COATES. On motion of Mr. FARNSWORTH, the ComAppropriat were discharged from the further consideration of the petition of William B. Coates, and the same was referred t9 the ComPatents. PACIFIC RAILROAD COMMITTEE CLERK.
Mr. PRICE, by unanimous consent, submit ted the following resolution; which was read, considered, and agreed to: Resolved. That there be paid to J. H. Riley, who has been acting as clerk to the ComPacrailroad. compensationfor thirt days at the same rate that is allowedto the clerk o the commit‘ tee on Mines and Mining.
Mr. PRICE mtRtv the resolution was agreed to; on the table. agreed to. DIRECT TAX IN WESTVIRGINIA.
Mr. ALLISON, from the ComWays&Means, reported back, with a substitute, Senate JtResolution No. 90, to suspend the collection of the direct tax within the State of WestVirginia.
Mr. ALLISON. I will explain briefly the substitute which has been very carefully preareIl at the Treasury Dept. Its object is to divide the direct tax assessed in 1861 between the States of Virginia and WestVirginia. I believe there is no objection to it on the part of the members from WestVirginia. '1‘ e bill also provides for the repeal of that rtion of the amendment to the direct tax ow of 1862, which requires deeds for property sold at ta; sales to be executed by the POTUS, leaving the certificate of sale prinia fan's evidence of title, as under the original act of 1862. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the substitute was a reed to. The JtResolution, as amen ed, was then passed.
Mr. ALLISON. I move to amend the title so that it shall read “to provide for the ascer tainment and apportionment of the proper (‘piota of the direct tax of 1861 to the Suite of 'estVirginia and for other nrposes." The amendment was agree to. COLLECTORS of CUSTOMS.
Mr. HOOPER, of Massachusetts, from the ComWays&Means, reported back, with amendments, Senate bill No. 400, to fix the compensation of certain collectors of cus toms, and for other purposes.
Mr. SCOFIELI). I wish to in aim of the Gentfrom Massachusetts 1 Mr. Hoorsn] how much this bill increases the pay of the collectors of Boston, NewYork, an the other places named.
Mr. SCOFIELI). How much COcsitincrease the pay of appraisers? '
Mr. HOOPER, of Massachusetts. It raises it from 12, 500in some cases and $2,000 in others to $3, 500.
Mr. ELIOT. Will the gentleinaniuforin the House how many new ports of entry are created by this bill?
Mr. HOOPER, of Massachusetts. My impression is that only 2 are created, CorpusChristi and Brazos Santiago; perhaps only one, CorpusChristi.
Mr. ELIOT. I have to say that this matter has been before the ComCommerce, and this bill, it seems to me, ought properly to be referred to that committee be ore it is acted on by the House. So far ascorpus Christi, in the State of Texas is concerned, an inquiry has been made and an examination been had before the ComCommerce; and we have come to the conclusion that the publicinterest do not require that there should be a port of entry created at this time at CorpusChristi. Of course I can have no personal feeling in the matter, and if the House shall see fit to create a port of entry at that place, the ComCommerce will have discharged their duty. Now, I would call the attention of the House to the fact that while it may be true that at some future day it will be necessary, for the purposes of commerce. there shall be a port of entry at CorpusChristi, in the judgment of the ComCommerce that time has not yet arrived. It is very well known that the creation for a new port of entry involves expenditures necessary to pay officers of the customs. And unless a case be made out beyond controversy, I think it Would hardly be right for Congress to provide for the creation of additional ports of entry. There is no reason why at the present time any other expenses should be incurred than those incident to a port of delivery at CorpusChristi. If the Gentfrom Massachusetts [Mr Hoorsa] will yield I will move that that part of the bill be stricken out which creates a port of ent at CorpusChristi.
Mr. OOPER, of Massachusetts. yield for that or one.
Mr. ELIO'I. hen I shall have to oppose the whole bill. I cannot
Mr. FARNSWORTH. I understand the Gentfrom Massachusetts [Mr. Hoorsn] to say that this bill does not increase salaries. Mr. HOOPER, of Massachusetts. It does not increase the salary at Boston.
Mr. FARNSWORTH. If a point of order will carry this bill to the ComWhole I make that point of order.
The SPEAKER. It is too late now to make the point of order. The bill has been debated. hill.
Mr. HOOIElt, of Massachusetts. I desire to say, in rely to the remarks of my colleague, Mr. Emo'rjin reference to the port of CorpusChristi, that the Treasury Dept have come to an entirely different conclusion from that to which he has arrived. The port of CorpusChristi has a very large and constantly increasing trade. Business there has been very much incomine ded from the fact that there is no cus tom house or port of entry within, I believe, 150 miles, the nearest port of entry being, I think, at the mouth of the Rio Grande river. The merchandise entered at CorpusChristiis principally for the supply of the interior provinces of exico. A considerable portion of the river, forming a bend around, is within 100 miles, or perhaps less, of CorpusChristi; so that the internal provinces of Mexico are much more readily reached from CorpusChristi than from the port of entry near temouth of the Rio Grande. The Senate committee have examined this subject carefully and have adopted the recommendation of the Treasury Deptin favor of a port of entry at.Corpus Christi. According to the information of the committee, one single house at that place does a business of orer 2 million dollars annually in supplying the interior provinces of Mexico.
Mr. ELIOI‘. If my colleague will permit me, I desire to say that the same considerations which he has urged have been taken into account by the ComCommerce of this House. A careful examination hasbecu given to the subject, and it has been found to be the fact that, whereas it may by and by be important for the public interests that there should be a port of entry at CorpusChristi, it is now important mainly on private account. There are, undoubtedly, strong private interests in volved in the creation of a port of entry there at this time; and if the House is disposed to legislate for the benefit of those private interests it may be well enough to pass the bill in its present form. If my colleague will consent, I move that the provision with reference to a port of entry at CorpusChristibe stricken out.
Mr. RANDALL, of Pennsylvania. Idesire to suggest that in the 4th section, in the provision with reference to deputy naval officers, there is an omission, doubtless unintentional, of Philadelphia.
Mr. MOOltHEAD. I wish to ask my colleague LMr. RANDALL] whether in this suggestion he is taking care of a constituent of mine, recently appointed to the collector’s office in Philadelphia.
Mr. RANDALL, of Pennsylvania. I have nothing to do with the gentleman’s constituents. I am seeking to legislate for the country, not for any party or district.
Mr. FARNSWORTH. As this bill appears to be a private affair among a few gentlemen, I will more, if it be in order, that it. be laid on the table.
The SPEAKER. The Gentfrom Massacbusetts [Mr. Hoorsa‘fl is' entitled to the our.
Mr. HOOPER, of Massachusetts. I ask that the amendments be read, and after that I shall demand the previous question. The amendments were read, as follows: After the words:' SanFrancisco" insert the words “ and of the a iprnisersat the portsof Boston, Philadelphia, and hiltimore." “ After the wards "per annum” insert the Words toann, d the customhouseweighersat the portsof Bos Philadelphia, and baltimore, $2,00operannuni."
Mr. HOOPER, of Massachusetts. By a bill reported from the ComCommerce the ay] of the appraisers and weighers at NewYorkas been increased, the salary of the latter being raised to $2, 600. We propose by this bill to give the weighers at these principal ports $2,000. I call the previous question.
Skip Skip The question was taken on the motion to lay upon the table; and it was disagreed to.
Skip Skip The previous question was 2nded and the main question ordered. The amendments of the ComWays&Means were then adopted. On ordering the bill as amended to a 3rd reading
Skip Skip The House divided; and there wereeyes 38, noes 36; no uorum voting.
Mr. HOOPER, of assachusetts, demanded tellers. Tellers were ordered; and Mr. Hoorss, of Massachusetts, and Mr. ELDRIDGE were appointed. The House again divided; and the tellers reported ayes 59, noes 34. [he SPEAKER voted in the affirmative to make a quorum. So the bill was ordered to a 3rd reading. The bill was accordingly read the 3rd time.
Skip Skip Mr. llOOI’Elt, of Massachusetts, demanded the previous question on the passage of the i. The previous question was 2nded and the main question ordered. Mr. WILSON, of Iowa, demanded the yeas and nnys. The House divided, and there were ayes 11, not one 5th of those present. Mr. WILSON, of Iowa, demanded tellers on the yeas&nays. The House divided; and the tellers reported ayes 23, more than one 5th of those resent. So the yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the aflirmative yeas 61, nays 49, not voting 86; So the bill was passed. Mr. HOOPER, of Massachusetts, mtRtv the bill was passed; upon the table. Mr. BENJAM N demanded the yeas and as s. Mr. HOOPER, of Massachusetts, withdrew his motion. nonsn REPORTERS.
Mr. DAWES. I ask unanimous consent to offer a resolution in behalf of those who work the hardest of all the persons who work in this House, the Congressional Globe reporters, and to serve them as we have served all others: Resolved, That thornbe paid out of the contingent fund to eachof the reporters employed in reporting the proceedingsof the Housethe present sessionfor the Congressional Globe an amount equal to the an nual increaseof compensationallowed during the presentsessionto the asst disbursing clerk.
Skip Skip There was no objection. The resolution was then unanimously adopted. Mr. DAWES mtRtv the resolution was adopted; upon the table. agreed to. PENSIONS.
Mr. TAYLOR, of Tennessee, by unanimous consent, introduced a bill to grant pensions to certain)ersons in East Tennessee; which was read a rst and 2nd time and referred to the ComInvalidPens. CLERK TO SERCEANT AT ARMS.
Mr. ANDERSON submitted the following resolution; which was referred to the committee of Accounts: Remloed, That the temporaryclerk in theoilicoof the Scrgcant nt Arms beplacedon the roll asa regular‘clcrk in that officeat the compensationhe now receives. AMERICAN CITIZENS IN EUROPE.
Mr. STROUSE. I ask unanimous consent to submit the followuig resolution: Iat'flfllfedT, hat the SecyStatebeinstructed to issue such orders and instructionstoour ministers, chnrzcsdnlfnires, and consuls, as may be necessary for the protection of American citizens and American interests on the continent of Europe during the progress of the existing war betweenthe cm ire of Austria, the kingdom of Italy, the kingdom o Prus sia, and the Statesof the GermanZollvcroin.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fomtrrr its Secretary, announced that the Senate had passed House bill No. 791, to supply deficien cies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes, with amendments, in which he was directed to ask the concurrence of the House. Also, that the Senate had agreed to the amendment of the House to Senate JtResolution No. 131, for the temporary relief of the sufferers by the late fire in Portland, in the State of Maine. On motion of Mr. KASSON, the amendments of the Senate to the deficiency bill were referred to the ComAppropriat. ENROLLED BILLS.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found trul enrolled bills anda Jtresolution of the following titles; when the Speaker signed the same: An act (H.R.o. 795) to authorize the entry and clearance of vessels at the port of Calais, Maine; An not (H.R.No. 761) authorizing the re imbursement to the Territory of Nebraska of certain expenses incurred in repelling Indian hostilities; An not H.R.No. 422) for the relief of Mrs. Ann. Smoot, widow of Captain Joseph Smoot; andJtResolution (H.R.No. 164) for the relief of Fontaine '1‘. Fox., jr. ENFORCEMENT OF THE RULES.
Mr. WENTWORTH. I rise to a question of privilege. I give notice that from and after one o’clock I shall call for the enforcement of the rule about outside persons occupyin members’ seats, and also the enforcement 0 all the rules of the House. EXECUTIVE COMMUNICATIONS.
The SPEAKER laid before the House a communication from the SecyWar in reply to a resolution of the use of the 24th instant, requesting information in regard to the discharge of certain California volunteers stationed in the Territories; which was laid on the table and ordered to be printed. Also acommunication from the SecyWar in reply to a resolution of the House transmitting the report of the QuarterMGen respecting railroad property in the possession oft e Government on May I 1865; which was laid on the table and ordered to be printed. AIR LINE RAILROAD TO NEWYORK.
Mr. STEVENS. I call up the motion made on the 30th of May last to reconsider the vote by which House bill NO. 632, to authorize the building of a military and postal railroad from Washington, DistCol, to the city of NewYork was recommitted to the select Icommittee on air line railroads to NewYork. demand the previous question on the motion.
Skip Skip Mr. J. L. HOMAS. Will the gentleman allow a statement for one minute? Mr. STEVENS. I will after the preVious question is 2nded. Mr. JLTHOMAS. on the table. On laying the motion on the table there were ayes 34, noes 40. Mr. RAN DALL, of Pennsylvania. Idemand the yeas&nays. The yeas&nays were ordered. The question being taken to lay on the‘table the motion to reconsider, it was decided in the negative yeas 48, nays 56, not voting 82; So the motion to reconsider was not laid on the table. The previous question was 2nded and the main question or ered; and under the operation thereof the mtR agreed toayes 50, noes 44.
Mr. STEVENS.tion on the bill. The bill was read at length.
Mr. RANDALL, of Pennsylvania. I want to make a motion to postpone the bill nutilthe next session. I hope, therefore, the previous question will be voted down.
Mr. LATHAM. Will the Gentfrom Pennsylvania yield for an amendment?
Mr. LATHAM. I move to amend by adding at the end of section 2 the following: Provided. That the consent of the Legislaturesof the several Statesthrough which said road may pass shall be obtained before this act shall go into effect.
Mr. STEVENS. The gentleman must excuse me; I do not hold to that doctrine at all.
Mr. JOHNSON. I suggest that the bill be amended so as to grant 20 miles on either side of the road. [Laughter.
Mr. STEVENS. That wonl be a very good idea, if we could give it.
Mr. O’NEILL. I suggest an amendment by Inserting a provision that the company be re.0 I call the previous ques qnired to run a train of cars at 11 o’clock at night. so that we can have a night mail.
Mr. STEVENS. I have no kind of objection to that. Amend by previding that they shall run a train from Washington as late as 11 o’clock at night.
Mr. WILSON, of Iowa. For Bladensburg. [Laughter.]
Mr. O’NEILL. A through train. The yrevious question was 2nded.
Mr. RANDALL, of Pennq'lvania. On or dering the main question I desire the yeas and an s. I‘he yeas&nays were not ordered.
Mr. SCOIt‘IELD. I desire to offer an amendment by striking out the words “or lines.”
Mr. STEVENS. I will agree thatthat amendment may be offered. The main question was ordered on the bill and pending amendments.
Mr. STEVENS. I understand the Gentfrom Maryland [Mr. JLTHOMAS] de sires to say a word on this subject. I do not mean to speak more than ten minutes myself, and I presume the Gentfrom Maryland will not desire more than that.
Mr. JLTHOMAS. I do not expect to discuss this bill at this late hour of the session. I understand that my colleague from the 4th district [Mr. FTHOMASnonas] made an agreement with the chairman of the committee that this bill was to be postponed during his absence. I am in receipt of a letter from my collea no this morning in which he states that his health is still so poor that it will be utterly impossible for him to return here during the present session of Congress. And I merely desired to make that statement to the House before the previous question was 2nded so that the house might agree to postpone this matter until the next session of conress. My State, in connection With other States, has a great interest in this bill. But I am not well enough acquainted with either the provisions of the bill or the questions rowing out of them to be able to discuss them intelli gently. Myeolleague [Mr. FTHOMASaoius] who is a member of this air line railroad committee, is well acquainted with this subject, and he was put upon that committee, as understand, for the purpose of watching the interests of the State of may land in connection with this proposed roa. As is well understood, my State is directly interested in the defeat of this bill. It is not so much because we do not desire any more railroads through our State, for that is not so. I believe the Legislature of Maryland would be willing to grant a charter to any road to go through our State and compete with the Baltimore and Ohio railroad. But we do not believe that congress has the power to grant a charter to a rai road to pass over the soil of Maryland without 1st obtaining the consent of Maryland. And we believe, also, that by the passage of a bill of this kind, it would be the direct means of taking over 60,000 dollars ayear from the State treasury of Mn land.
Mr. JLTHOMAS. We have a right to tax freight or assengers coming over our soil; and I believe Illinois has the same right.
Mr. JLTHOMAS. She may not exercise the right, but I believe she has it. That, however, is a constitutional question which can be determined in the courts. whether this bill is passed or not. I have said all that I desire to say. I merely wished to make this appeal to the House to postpone this bill until the next session. IWlll say to the Gentfrom Illinois [Mr. Wnx'rwoam] that Illinois can well afford to collect no commutation tax off passengers who may go over her road. for she obtained what neither Maryland nor Pennsyl vania ever got, land enough to build her roads. How much? Over 60,000 Have you a right to We built our own roads, with our own money and have never asked the Government for any assistance.
Mr. WENTWORTH. This is not so much a matter of dollars and cents with us; we only object to the fashion they have adopted of get ting it. If they are poor there in Maryland and want to put their hands into our pockets, they may do so and take out whatever they please. But we have not a long time to live; this is but a transitory state of existence; at the best our lives are but short.
Mr. ROSS. I suppose the gentleman means political lives. Laughter.]
Mr. WENTW RTH. I object to my colleague [Mr. Ross] making sport at my expense in my time. [Laughter] Now, the claim the right in Maryland not only to regulate the price lit the speed of their railroads. that is what we complain of. Now, I would ask the States between here and NewYork to state what the will take, how much they want to robus 0 annually, and let us regulate the speed of these roads. I do not object to the price they charge, as some people do. But we claim the right to regulate the speed, and not have the cars stop at every little town along the road that they may see proper to build up for the benefit of their State. As to the right of Maryland to regulate the rate of speed and price of the roads in their State, it is very doubtful what Maryland has not an dertaken to regulate within the last 2 or 3 years. She had the right, I believe, to take the State out of the Union; but she did not do it and why? Because the men of my State would not allow her to do it.
Mr. JLTHOMAS. Maryland did not go out because she did not want to go out.
Mr. WENTWORTH. Wait until the next election and see how that oes.
Mr. JLTHOMAS. I we are beaten then it will be h rebels.
Mr. STEVENS. I have delayed this bill over 2 months to accommodate the distinguished Gentfrom Maryland, Mr. FTHOMASuonssj When he went away the other day I told him that I would wait until the last moment before I called it up. Indeed I have waited so long that those who placed me in charge of this bill have reproached me with some collusion with those on the other side. I have delayed calling up the bill until the last moment, with the hope that the Gentfrom Maryland [Mr. FTHOMASnonss] might be able to be here. I learned last night that he would not be here, and the time had come when I must either call the bill u or allow it to be lost. As to this States’ rights notion, I have no respect for it. It has got us into mischief enough already. If the Constitution means anything it expressly declares thAt Congress shall have power to regulate commerce aine u the States. Now, we have monopolies enoug between this city and NewYork. And one of the monopolies chartered by Maryland adds 30 cents to each fare for the benefit of the State. There isamonopoly beyond it. There is a monopoly in the Camden and Amboy railroad which makes ever one bend to its will. Now, sir, not only of they charge double what this bill provides, but a great deal more. And this bill provides for running in 7 hours. It must be enforced or it will be forfeited. The bill provides they shall charge 6 dollars, and the cost now is 11 and 12 dollars.
Mr. WRIGHT, I beg pardon. It costs only $8 25 forathrough ticket on a train which goes in less than 11 hours.
Mr. STEVENS. The refuse to allow any connection between the orthern Central and the road between here and Baltimore. They refuse to allow them to check freight. They refuse to allow them to run a road from one end to the other of the city although the company built a road from Bolton station across to the other station. The city of Baltimore has refused to allow them to run their cars through on that line. Thus we are met in every way in reference to freight and passengers. I do not propose to stand longer in the way of other business; and I send some letters to the Clerk’s desk. They are sample bricks Of this whole Babel.
Mr. SHELLABARGER. I wish to make an inquiry of the Gentfrom Pennsylva via in regard to a matter I have heard suggested again and again this morning as to the propriety of our passing this bill. It is this: the practical effect of the passage of this bill will be to create a valuable franchise, which will in the market command money, and the result will be that that franchise will be sold to the Baltimore and Ohio railroad or such other bidder as may be found, and the proba bility is we will get no railroad, especially if this passesinto the hands of the altimore and Ohio railroad. I desire the gentleman to state, that it may go to the country with the authority and force his statement will give, what is known of the pros ect of this road being built. If it is passed by Congress I know it will be passed, because Congress deems it has the right, as I have no doubt it has, to create this under the power to regulate commerce, and I doubt not the commerce of the country is clogged up for want. of channels of communication. If we are really to have another channel the bill ought to pass. Iask the Gentfrom Pennsylvania to state to the House what is known in regard to the certain completion of this road.
Mr. STEVENS. I will say that I do not suppose the Baltimore and Ohio Railroad company propose to buy this road at all, for the Presient of that road and others have been 9 times before the committee to prove that no such road was wanted by anybody. 2 gentlemen of high standin and great wealth came before us. I require them to go to NewYork and consult with others there before I would move at all. They came back and assured me that $10,000,000 could be raised in ten days after the passage of this bill, and that the charter if granted would not be sold to any other corporation; that these gentlemen in NewYork and Pennsylvania had determined that another road should be made, if they could get the privilege to make one, and that they had ready the money to make it, and from men there I know they have the money. Both of thesegentlemen, men of high standing, assured me that the money was ready as soon as this bill was passed. And I take considerable re roach to myself for having allowed this bill to pay so long to accommodate the Gentfrom Maryland, [Mr. FTHOMASiIouAs.]
Mr. SHELLABARGER. I would ask the gentlemaii from Pennsylvania [Mr. STEVENS] if he has any objection to putting into this bill a provision that this franchise shall not be transferred to the Baltimore and Ohio railroad, or any other corporation without the consent of Congress?
Mr. GARFIELD. I agree to the ro riety of such a provision, though I do nott in that there is any danger of these parties parting with so valuable a privilege.
The SPEAKER. The House is acting under the operation of the previous question, and any amendment must be by unanimous consent.
Mr. JLTHOMAS. I must object to the amendment.
Mr. STEVENS. Then I will see that it is put in by the Senate. I have only this further to say, that if there is this value in this franchise, why should the stockholders sell it at all? This is an attempt on the part of the people to get rid of these odious monopolies which have been grinding us to the earth for' years. It is intended that this road shall carry assengers at 1/2 the rate, and freight at ess than 1/2 what is now charged by the other roads. Iron ore and pig metal and every thing of that kind will be brought to this city at the rate of 2 cents permile, while 4 cents and upward is now charged. I hope now the vote will be taken. The 1st question was upon the amendment of Mr. O’NEILL, to insert the following: And the said companyshall run a through passengertrain out of Washingtion everynight aslate as 11 o'clock.p. m
Skip Skip The amendment was agreed to. The next question was upon the amendment of Mr. ScorisLn, to strike out of the 2nd section the words “or lines."
Skip Skip The amendment was agreed to. The bill, as amended, was then orderengross and read a 3rd time.
Mr. LATHAM. I ask for the reading of the engrossed bill.
The SPEAKER. The engrossed bill is not upon the Clerk’s desk.
Mr. STEVENS. I move to reconsider the vote by which the bill was ordered to be engrosse, for the purpose of allowing the Gentfrom Ohio [ Mr. SHELLABARGER]to offer the amendment be indicated a few moments since. The mtR agreed to.
Mr. SHELLABARGER. I now move to amend the bill by adding thereto the following words: Sac. Abife:, That it shall not be lawful for the said National Railway Companyto sell or transfer.either directly or indirect]. any of the franchisescreatedby this act, withoutt e assent of Congress, to the Baltimore and Ohio Railroad Company or to anyother railroad companyor party interestedin the several existing railroad lines betweenthe cities of Washingtonand NewYork.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation t creof the bill as amended was or ered to be engrossed and read a 3rd time.
Mr. LATHAM. I call for the reading of the engrossed bill.
The SPEAKER. The engrossed copy is not here, and therefore the bi I will go to The SPEAKER’s table.
Mr. STEVENS. I ask to have entered a motion to reconsider the vote ordering the bill to be engrossed. The motion was entered. ABSASSINATION OF PRESIDENT LINCOLN.
Mr. BINGHAM obtained the floor but yielded to
Mr. BOUTWELL, who said: I am instructed by the ComJudiciarya to submit a report in regard to the complicity of Jeffer son avis and others in the assassination of President Lincoln. I move that the report be laid upon the table and printed, and upon that motion I call the previous question.
Mr. WENTWORTH. I move that the friends of Mr. Davis on the committee have leave to submit a minority report.
Mr. WILSON, of Iowa. move that 5,000 extra co ies of this report be printed. The SPEAKEI. That motion will be referred, under the law, to the ComPrintg.
Mr. JOHNSON. If JeffersonDavis is to be prosecuted, we ought not, it seems to me, to ublish this evidence to the world. the previous question was 2nded and the main question ordered, which was on ordering the tinting of the report.
Mr. ELDRIDGE. I call for the reading of the report. Several Mniiiii iiis. We object.
The SPEAKER. It must be read unless the House suspend the rule which gives any member the right to call for the reading.
Mr. WILSON, of Iowa. I move to suspend that rule.
Skip Skip Mr. ELDRIDGE. On that motion I demand the ess and nnys. TOyeas&nays were not ordered. Mr. ELDRIDGE. I call for tellers on or dering the yeas&nays. Tellers were not ordered. The motion to suspend the rule was agreed to. 81;) the reading of the report was dispensed wit. The question being taken on ordering the printing of the report, it was decided in the allirmative. Mr. BOUTWELL mtRtv the report was ordered to be printed; on the table. agreed to.
Mr. BOUTWELL. The committee have reported 2 resolutions; but under the circumstances in which I am placed in regard to the Gentfrom Ohio, filth. Bixoiiiii,] he having yielded to me the floor, I will not ask a vote upon those resolutions at this time if there is any opposition to them.
Mr. ELDRItIDGE. Let them be read for information. All the objection we. make to any of these matters is because the 'Gentfrom NewJersey [Mr. Roocns] an others of the minority of that committee have had no Opportunity to examine the testimony.
Mr. WENTWORTH. I renew my motion, that the minority of the committee have leave to present their report.
The SPEAKER. The Chair bears no objection, and leave is granted.
Mr. WILSON, of Iowa. In regard to this report, I will say, by the permission of the Gentfrom Massachusetts, [Mr. Bourwsi.i., ] that this is not made as a final report in the case. It is rather a preliminary report; and the Gentfrom NewJersey will have ample opportunity to examine all the evidence and prepare any statement of his views which he may deem it proper to present.
The SPEAKER. He has now the authority of the House to make a minority report. The resolutions reported by the committee Will be read, after which any gentleman can object to their consideration.
The Clerk read as follows: Resolved.That there is nodefector insufficicncy in the presentsluts of the law to prevent or interfere with the trial of JeffersonDavis for the crime of treason or any other crinio for which there may heprobnble ground for arraigning him before the tribunals of the country. [lam/oer!further, Thatr lt is the duty of the executive dept of the Governmenttoproceedwith the investigation of the facts connectedwith the assassination of the late President.AbrahamLincoln. without unnecessary delay; thut JeffersonDavis and othersname dinthe proclamation of President Johnson of May a 1865. may be put upon trial and properly punis c if guilty or relievedfrom the charges againstthemif found to be innocent. ‘
Mr. LEBLOND. It is very apparent that we must object to these resolutions. They refer to matters which properly belong to the courts.
Mr. BOUTWELL. Then let the resolutions go over.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonxav, its Secretary, announced that the Senate had further insisted on its amendments, disagreed to by the House, to the bill (H.R.No. 780) entitled “An act to protect the revenue, and for other purposes, ” had a reed to the further conference asked by the house, and had up ppinted, as conferees on the part of the Senate, cssrs. CLARE, VANWixxiJ i, and Mono“. The message further announced that the Senate had passed, without amendment, House bills of the followmg titles: An not (H.R.No. 809) to further regulate the printing of ublio documents and the purchase of paper or the public printing; An not (H.R.No. 759) to authorize the reffinding of certain taxes; and An not (H.R.No. 810) amendatory of section 13 of an not entitled “An act to amend an act entitled ‘An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes, approve June 30, 1864, ” approved arch B, 1866. ENROLLED BILLS ANDJOINT RESOLUTION.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found trul enrolled bills and a JtResolution of the following titles; when The SPEAKER signed the same: An set (S.No.834) to prevent the wearing of sheath knives by American seamen; An act (S.No.406) for the removal of causes in certain cases from the State courts; An act (S.No.39) to amend the acts relating to oliicers employed in the examination of imported merchandise in the district of NewYork, and for other purposes; andJtResolution (. R. No. 181) for the tem orary relief of the sufferers by the late fire in oftland, in the State of Maine. PENSIONEBS DROPPED FROM THE ROLLS.
The SPEAKER, by unanimous consent, laid before the House a letter of the SecyInterior, transmitting, in reply to n resolu;tion of the House of May 22, a partial answer of the ComrPensions in regard to pensioners dropped from the pension rollsunder the act of Congress approve February 4, 1862; which was referred to the ComInvalidPens and ordered to be printed. DUTY ON IMPORTED WOOL.
Mr. BINGHAM. I callu the mtRtv the bill (H.R.No. 793) to provide increased revenue from imported wool, and for other purposes, was referred to the ComWhole on the state of the Union. The mtR agreed to. The question then recurred on the motion to refer the bill to the ComWhole on the state of the Union. The motion was not agreed to. The question recurred on ordering the bill to be engrossed and read a 3rd time.
Mr. BINGHAM. I otfer the following amendments: In tho10th line of sectiontwo. strike out " 40, " and insert “ 50;" so that the paragraph will road as follows: On woolencloths.woolenshawls and all manufacturers of wool of every (lescripItinnniiide wholly or in partvofwool. not hercip 0t erwise provided for. 50 centsperpound. And in additionthereto. 30 fivo%.rid calm emz In the same sectionstrike out in the 20th line the word“ 25" and insert " 30;" strike outin the 22nd line the word “ 35 " and insert “ 40:” in the 20 3rd line strike out “ 40 " and insert “50;" sothat thoparagraph will rend as follows: On finnncls. blankets. Hats of wool.knit poods.bal morals.woolenand worsted yarns.anda] manufactures ofcver description.coniposed wholly orin art ofworsted.t 0 hair of the alpaca.goat or other ilro animals. except such us are composed in part of cweoeodl.inngotfoorttlyicre WeinstespproeVr idpeodunfodr.tvwaelunetyd at not excents perpound: valuednt ubovo 40 cents pler pound and not exceeding 60 centsper pound. 30 cents per pound: valiied at above 60 cents perfpound and not exceeding 80 cents perpound. 40 cents perpound: valued at above 80 centsper pound. 50 centsper pound and, in addition thereto.upon all the above name articles, 35%. ad nulnrmi. In the same section strikepnt in the 69th line the word " 20 " and insert “28;” so that the clause will read as follows: Onpatentvclvct and tapestryvclve tearpets.printed on thownrp or otherwisc. 40 centsper square yard. laonrdem. in; addition thereto. 35%. ad on on tapestry Brussels carpets, printed on the warpor otherwise. 28 cents persquareynrd anal). in addition thereto. 35%. ad on rem. Mr. Speaker, I now call the previous question on the bill and amendments.
Mr. WILSON, of Iowa. I desire to ask the gentleman what is the effect of these amendments.
Mr. BINGHAM. Nothing more nor less than putting the 2nd section in a form precisely similar to the provisions on this subject already iassed by this House.
Mr. WILSON of Iowa. What is the duty on manufacture wool under this amendment?
Mr. BINGHAM. The same that we have already agreed on in this House.
Mr. GARFIELD. I would like to inquire whether the bill is not substantially the some up the section in reference to wool in the tariff bill which we passed.
Mr. GARFIELD. I hope the House will pass it.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the amendments were agreed to. The bill, as amended, was orderengross and read a 3rd time; and bein engrossed, it was accordingly read the thir time.
Mr. BINGHAM. I call the previous question on the passage of the bill.
Mr. IARDING, of Illinois. I ask that the bill be reported.
Mr. WILSON, of Iowa. I move to reconsider the vote by which the main question was ordered. I want.tohave an opportunity to strike out the 3rd section in reference to the lower grades of wool.
Skip Skip The motion was disa. sad to. The question recurre on the passage of the bill.Mr. HARDING, of Kentucky, demanded the yeas&nays. The pass and no a were not ordered. The case divi ed; and there were ayes 68 noes 25' no uornm voting. liMr. bINeHA demanded tellers. Tellers were ordered; and Mr. Bmonsn, and Mr. Hannmcof Kentucky, were appointed. The House divided; and the tellers reported ayes 74, noes not counted. 80 the bill was passed. Mr. BINGHA mtRtv the bill was passed; upon the table. agreed to. PORTLAND SUFFERERS.
Mr. LYNCH. I ask unanimous consentto introduce a bill for the relief of the sufferers by the fire at Portland, Maine. The 1st section of the bill provides that all goods, wares, and merchandise which may be sent from places without the limits of the U.S. as gratuitous contributions to the relief of sufferers by the fire which occurred at Portland, Maine, July 4 and 5, 1866, shall, when imported at;the port of Portland and consigned to the proper authorities for distribution, be admitted duty free. The 2nd section provides that there shall be allowed and aid, under such regulations as the SecyTreasury shall prescribe, on all materials actually used in buildings erected on the ground where said fire occurred, a drawback of the import duties paid on the same; provided, that said materials shall have been imported at the ort of Portland during the term of one year from and after the 6th do of July, 1866. {In ALLISON. I object to the bill unless the 2nd section be stricken out.
Skip Skip The House divided; and there were ayes 30, noes not counted.
Mr. LYNCH demanded tellers. Tellers were ordered; and Mr. LYNQH, and Mr. TAYLOR of Tennessee, were a pointed. The House again divided; an the tellers reported ayes 66, noes not counted. So the rules were sns ended. The bill was receive and read a 1st and 2nd time., Mr. WILSON, of Iowa. I ask the Gentfrom Maine to let me move to stri c out the 2nd section.
Mr. LYNCH. The whole amount will be very small. The amount of goods imported will be of small consequence.
Mr. LYNCH. It provides for drawback on lumber. Up to March last there was no duty on lumber. I demand the previous question.
Mr. ALLISON. I move that the bill be laid on the table.
Mr. WILSON, of Iowa. I ask for the yeas&nays. The yeas&nays were not ordered. The ( iiestion was then taken upon the motion to lay i. rebill on the table; and upon adivision there were ayes 36, noes 60. So the bill was not laid on the table.
Mr. WILSON, of Iowa. I hope the previous question will not be 2nded.
Skip Skip The House divided; and there were ayes 26. noes 42.
Mr. WILSON, of Iowa, demanded tellers. Tellers were ordered; and Mr. whILSON, of Iowa, and Mr. LYNCH, were appointed. What about the Upon that motion The House was again divided; and the tellers reported ayes 54, noes not counted. So
Skip Skip The previous question was 2nded. The main question was then ordered. The bill was orderengross and read a 3rd time; and being engrossed, it. was uccordingl read the 3rd time. Mr. L CH demanded the previous qneition on the passage of the bill. The previous question was 2nded and the main question ordered; and under the operation thereof the bill was passed. Mr. LYNCH mtRtv the bill was passed; upon the table. agreed to. MISCELLANEOUS APPROPRIATION BILL.
Mr. STEVENS, from the ComAppropriat, reported back Senate amendments to House bil No. 73?, making appropriations for sundry civil expenses of the Government for the year ending June 30, 1867, and for other purposes, recomniendin g concurrence in some and non-concurrence in others. 1st amendment: Strike out the following: For facilitating communication betweenthe Atlan tic and Pacific States by electrical telegraph.$40,000. The ComAppropriat recommended concurrence. The amendment was concurred in. 2nd amendment: Alter " 100 " insert “ fiftyz’fsoitwill road: For expenses in detecting and bringing to trial and punishmentpersonsengagedin equpterfeiting'freasury notes. bonds and other securitiesof the U.S. as well as the coins of the U.S. The ComAppropriat recommended concurrence. The amendment was concurred in. 3rd amendment: Insert “grading and fencing grounds. &c.;" so it will read: For completion of sion. Gradingand fenncionrg thgrwouinngdso.f$T2roe.$.a3sou0rg.o.gxten The ComAppropriat recommended concurrence. The amendment was concurred in. 4th amendment: Add to the foregoing pariigraph: Provided. That the uilding shall be constructed in accordancewith the plan prescribedby the ioiut committee of Congressas exemplified in the construction of the south wing.
Mr. KASSON. This amendment embraces 3 propositions. The 1st 2 the committee agreed to; the 3rd, which is in regard.to the improvement of the levees, they dis? agreed to.
The SPEAKER. The amendment consists of 3 propositions: 1st, the postoffice at Middletown; 2nd, the chapel at Annapolis, and 3rd, in regard to the levees. The committee recommend concurrence, with an amendment striking out all in regard to the levees.
Mr. KELLEY. I now ask the reading of a brief paragraph from another Louisiana paper, the organ of the owners of the levees, the people who are now applying for this relief. It is from the NewOrleans Times of the 20th of the present month, the date of the Tribune from which the article has just been read.
The Clerk read as follows: ge“nLuest, the radicals, Sijiivnss. Sum nu. a did omne repent of their niisdepds, and we will forgive the pastand shake hands with them. But let them repent as speedily as possible or the day of their salvation drayvsto a close. If they neglect the present opportunity, and especially it' they should rtmort to their usual practice of endoavoringto thwart the effortsof the riends of the Constitution. who desire to restore the Union to its integrity and to promote a spirit of reconciliation among all parties. we cannot unswer for the consequences."
Mr. KELLEY. I hope we shall not give these people $1,500,000, with which to relenquish their cartridge boxes. If they mean to have another war let them wage it with their own means, and not ours.
Mr. STEVENS. If we all indulge in such platitudes as my friend has we will never get through this bill during this session.
Mr. KASSON. Did the gentleman say latitude or latitudes?
Mr. S' EVENS. Platitudes. I hope nothing will come up again so near the heart of my friend in the interest of the rebels. This, in my judgment, is a most shameful attempt on the part of the enemies of the country. Of this General Claiborne who comes here have nothing to say. I asked him whether he was a rebel and in the rebel army and he said that he was but that he was now willing to submit. Not one of these States has yet made its peace with the Union. Not one of these States is represented here, not one of them has a Representative which can in its name rise on this floor and speak in behalfofits interests. They have to look abroad for men to act for them as attorneys. Shall we grant this when we refuse to pay our own honest debts? Shall we grant this when the respectable chairman of the ComClaims refuses to pay an old woman whose house was burned down, because we have no money? Let them build their own levees. Let them raise their own cotton. would not be in favor of hanging them, but I do not think I should interfere if the Lord should choose to drown them out. [Laughter.]
Mr. SCOFIELD. Iask my colleague whether the difference is not while those who are opposed to him are for damming the Mississippi 0 is for damning the rebels. [Renewed laughter.
Mr. STEVENS. I am not for hanging them but God forbid I should give them a reward for having cost us so many 100s of millions of money and so many 100s of 1,000s of lives! I see no symptom of repentance except when they come here asking us for an appropriation of millions of dollars.‘ I do not see why.we should grant it when we persistently refuse to compensate our own citizens whose houses have been burned or plundered by these very rebels. When loyal citizens come here for remuneration theyare told we cannot afford it at this time, that we have no money. Sir, I cannot endure the idea of paying this money when we refuse the just demands of our own citizens. I demand the previous question.
Mr. BANKS. I ask the Gentfrom Pennsylvania toyield to me for a few moments.
Mr. STEVENS. I will yield the floor to the gentleman if he will renew the demand for the previous question.
Mr. BANKS. I will give it back to him again so that he may renew the demand.
Mr. STEVENS. I ield the floor to the gentleman only on condition that he shall demand the previous question.
Mr. GARFIELD. I hope the previous question will not be 2nded until I shall have an o.ortunity of saying a word.
Mr. STEVENS. I now call for the previous question.
Skip Skip The previous question was 2nded and the main question ordered; which was 1st upon agreeing to the amendment recommendedpb the ComAppropriat to the amen ment of the Senate, namely, strike out from the amendment of the Senate the following: For reconstructingand repairing the leveeson the Mississippi river. in the Statesof Louisiana. Missis sippi and Arkansas. 01.500000t.o wit: $503.01i n the State of L0 'siana.$035.00i)n the state of mississippi, and 62%.000in the State of Arkansas. as nearly as may be with a‘proper regard to the elli oienoy of the repair: sai money to be expended under the direction of the SecyWar. who shall at the next session of Congress make an accurate and detailed report to each House thereof of the amount of money expendedunder this appropriation. the amount of worli done.how‘andin what manner where and by whom. the particular levecs repaire or reconstructed.the rates paid for work and material. the condition of the levees, the areas protectedbysuchrepairsor reconstruction and what sums.if any. remain unexpended.
Skip Skip The amendment was agreed to. The amendment of the Senate, as amended, was concurred in.
Skip Skip The amendment was agreed to; and, as amended, the amendment of the Senate was concurred in.
Mr. WRIGHT. Does the gentleman mean to say that he thinks it is the duty of Congress to pay $350,000 for transporting a regiment from Utah to their homes?
Mr. TItO WBRIDGE. The duty of the government is always to return the regiment to the oint where it was mustered in.
Mr. WRIGHT. Yes; but not at such a cast. It is too much.
Mr. STEVENS. This was a matter in ref erence to which we had no information from any of the Depts. I have no doubt that the Gentfrom Michigan [Mr. TROW BRIDGE] states exactly what he believes to be true
Mr. TROWBRIDGE. The gentleman will allow me to say that the facts which I have stated are proved by evidence which I have here, comprising a statement of the Governor of Michigan and aflidavits of a large number of the officers and men. '
Mr. STEVENS. If the gentleman had (flily asked us to concur in the statement that this is a most gallant regiment, we should have done it with great pleasure, because we are all convinced of that fact. But here is a case of a regiment mustered out at their own choice. They chose to be mustered out. Now, sir, there are 1000s and tens of 1000s of men who have been mustered out away from their homes. And are we to appropriate money to all of them in this way? At any rate the committee thought it right that the matter should be sent to a committee of conference, who could examine all the facts deliberately. I trust that we shall not vote money away in this loose manner.
Mr. DR lGGS.Mr. Speaker, I desire to say that I attach no blame to the House for not allowing this claim in the 1st instance. for the papers in the case were not in a complete and satisfactory form. Indeed, I did not know that the question had gene to the committee. I will state, however, that before the Senate committee evidence was presented substantiating all that has been stated by my colleague. It seems to me but just that congress should pay the actual traveling expenses of this regiment from that distant point where they were discharged without being furnished with any adequate transportation. I hope that the House will not concur in the amendment made by our committee, but will stand by the action of the Senate and pay this money to the gallant regi ment.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fosssr, its Secretary, announced that the Senate had disagreed to the amendment of the House to the bill (S.No.400) to fix the compensation of certain collectors of customs and for other EH‘POSGS; and asked a conference with the house on the question. CIVIL APPROPRIATION BILL AGAIN.
Mr. HOTEHKISS.Mr. Speaker, it has been suggested by the chairman of the ComAppropriat that these men were mustered at such a distance from their homes by their own choice. Now, it should not be overlooked that at that time they had served a year beyond their term of enlistment; and I think it pardonable in them that, after serving that length of time beyond their enlistment, they should wish to go home. They were taken this distance by the Government, where the Government ought not to have taken them after their term of service had expired. COMPENSATION or COLLECTORS.
The SPEAKERstated that the Senate asked for a committee of conference on the disagreogling votes on Senate bill No. 400, to fix the compensation of certain collectors of customs, and or other purposes. Mr. HOOPER, of Massachusetts, moved that the House insist on its amendments, and agree to the conference asked for. The motion was agreed to. MISCELLANEOUS APPROPRIATIONS AGAIN.
The SPEAKER stated the question was on concurring in the amendment of the Senate.
Skip Skip The House divided, and there were ayes 52, noes 42. So the amendment was concurred in. Mr. TROWBRIDGE mtRtv the amendment was concurred iii; upon the table. agreed to.
The Clerk read 52nd amendment: Insert the following asa newsection: Abife: That the provisions of the act to carry into elfectthe treaties betweenthe U.S and China.Jnpun. Siam. Persia, and other countries. BIVIDI certain judicial powers to ministers and consuls or other functionariesof the U.S. in thosecountries, and for other purposesapprovedJune 22, 1860s.hall extendto I‘ilzypt; and the consul generalat. Alexandria shall have the power provided by section 22 of such act tor the consul generalor consul residingat the capital of a country wherethereis no minister. The ComAppropriat recommended concurrence. The amendment was concurred in. 53rd amendment: Insert the following usa newsection: Abife: t, hat the compensation of eachSenator, Representative and Delegatein congress shall be$500oper annum, tobe computedfrom the 1st day of the presentsession of Congress; and in nddition thercto, mileage at the rate of 20 cuesunatsllpyer mile. to be estimatedby the nearestroute regular traveledin goiii to and returning fromeach session; but not iing herein contained shall uffectmileageaccountsalreadyaccruedunder existing laws: I)I'OUIilCtlT, hat herciiftermileageaccounts ot Senators shall beC(‘l".lilt‘tbl y the President of the Senate and those of Representativesand Delegates by The SPEAKER of the HoRep. The ComAppropriat recommended non-concurrence.
Mr. STEVENS demanded the previous question.
Mr. WEN TWORTH. I want to say a word. [Cries of “No!” “No l"] It is a matter that affects me personally. [Cries of “ Orderl”]
Skip Skip The previous question was 2nded. Mr. WENTWORTH and Mr. SCOFIELD demanded the yeas&nays on ordering the main question., The eas&nays were not ordered. Mr. ‘COFIELD demanded tellers. Tellers were not ordered. The main question was then ordered. Mr. WEN'I WORTH demanded the yeas&nays on the motion to concur. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 3, nays 114, not voting 79;. So the amendment was non-concurred in. During the vote in. JOHNSON, said: mr. Speaker, I voted under a misapprehension of the question; and in order that there may be no misunderstanding upon the subject I declare that I am in favor of increased compensation, so as to enable poor men to come to Congress. [vote “no’ so that the section me. go to a committee of conference, and the residing Officers of the 2 Houses may be provided for. Several MEMBERS, for the reason assigned by the Gentfrom Pennsylvania, [ML JOHN sox, ] changed their votes from the affirmative to the negative. Mr. BIDWELL stated that his colleague: Mr. McRriin, who was absent on account of illness, if present, would have voted in the negative. The vote was then announced as above recorded. Mr. WENTWORTH mtRtv the amendment was non-com curred in; upon the table. agreed to.
Mr. WILSON, of Iowa. I desire to submit an amendment to the amendment of the ComAppropriat. I noticed from the reading of their amendment that the clerks in the Agricultural Dept are not included. I presume that is an oversight of the committee.
Mr. KASSON. They are included in the amendment of the committee. It says expressly “of the Depts and bureaus.”
Mr. WILSON, of Iowa. The Agricultural Dept is not an Executive Dept, nor is it a bureau in any Executive Dept. The statute describes certain Executive Depts, but that is not one of them. I move to amend the amendment so as to include the Agricultural dept clerks and employees.
Mr. RADFORD. I desire to inquire of the Gentfrom Iowa, [MrfKAssos] Whether the employees of the book folding room are included in the amendment of the ComAppro riations.
Mr. KASSON. They are embraced under the head of “ employees of the House. ” I now call the previous question on the amendment.
Skip Skip The previous question was 2nded and the main question ordered. The amendment of Mr. Wilson. of Iowa, to the amendment of the ComAppro priations was agreed to. The amendment of the committee, as amend ed, was agreed to; and the amendment of the Senate, as amended, was then concurred in. 55th amendment: Insert the following: The sum of.000is hereby appropriated out of pay mone int a Treasurynot 0t erWiseappropriated for the preservation of the harbor of Provuicctown. Massachusetts.thesometo be expendediipder the supervision of a commissionor boardof officers to be appointedby the secyWar. The ComAppropriat recommended non-concurrence. The amendment was non-concurred in.
Mr. STEVENS. I now yield to the Gentfrom NewYork, [Mr. Coxxiiixo, who desires to move an amendment to the amendment of the ComAppropriat.
Mr. SCHENCK. I rise to a question of order. I do not know whether there is anything in it, but I will submit it to the Chair. ily I The House instructed the ComAppropriat to add to this civil appropriation ‘ill the bounty bill as it passed the House after full discussion and consideration. The committee, in accordance with those instructions, have added that bill by way of amendment. I now raise the point of order that it is not competent to vary from that by proceeding to amend what the House has ordered to be put into the bill. The order of the House to the ComAppropriat, to put the bounty bill on this appropriation bill, is the same as if the House hatiqput it on by direct vote. It is therefore not competent to strike out any portion of that which the House has inserted.
The SPEAKER. The instructions of the House to the ComAppropriat were to report back the bounty bill in the position ofan amendment to this bill, the same as I though it had been an amendment of the Son ate, being still open to amendment the same as the Senate amendment, with this exception: the bounty bill amendment, occupying necessarily the place of an amendment to aSenate amendment, is open to amendment only in one degree. The bounty bill and the Senate amendments were all referred to the ComAppropriat; if the one cannot be amended when reported back to the House neither can the other.
Mr. STEVENS. The Gentfrom missouri [Mia Barnum] desiresto offer an amendment. I will yield to him for that purpose, and then I will call the previous question.
Mr. BENJAMIN. I move to further amend the 3rd section of the amendment of the ComAppropriat by addingthereto the following: Provided. That troops known as home guairds or other volunteer troops organized for local service. which are now excluded from bountiesby therulin of the War Dept or underthe terms of the enlistment. sh I not participatein the bountiespro vided by thisnotor any art thereof; but this exclusion shall not up ly to those voluntarily legalized as mustered into this 3 years' servico o the U.S. under an not making an appropriation for completingthe defensesof Washin ton and for other purposes.approvedFebruary 13. 862.
The SPEAKER. There is already pending an amendment to an amendment. No further amendment is in order except by unanimous consent.
Mr. JOHNSON. I must object to the mendment of the Gentfrom Missouri [Mr. Barnum] uu ess the Pennsylvania militia are included.
Skip Skip Mr. STEVENS. I now call the previons question on the bill and amendments. The previous question was 2nded and the main question ordered.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. FORKEY, its Secretary, informed the House that the Senate had passed, without amendment, House bills and a JtResolution of the following tit cs: A bill (H.R.No. 597) to authorize the use of the metric system of weights and measures; A bill (H. It. No. 597) to authorize the use in the postoffices of weights of the denomination of grams; and A JtResolution (H.R.No. 140) to authorize the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system. CIVIL APPROPRIATION BILL AGAIN. The pending question was upon the amendment of Mr. Consume to the amendment of the ComAppropriat, upon which, the previous question having been 2nded, Mr. Stevens was entitled to the floor.
Mr. STEVENS. I yield to the Gentfrom NewYork, Mr. Couxinicm]
Skip Skip The question was put to them, would on like to be mustered out? they said certain y, the war being over, the would like to return home. These men are istinguished against and excluded by this bill because they were mustered out of the service after they had requested to be mustered out, such request being anterior to the 9th day of April, 1865. If we are to do something for the soldiers in equalizing bountics, let it be done with imur tial hand. Let the soldiers East and est participate in it. If it is to be sectional and confined to those of a particular portion of the country, then let us have some contrivance by which the admeasurement of taxes may also be confined to the same locality.
Mr. STEVENS. I yield the floor for 5 minutes to the Gentfrom Ohio.
Skip Skip Mr. STEVENS. I shall now ask the ques tilon to be taken, and shall not yield to anybody e se. The question being taken on the amendment of mr. ONKLIXG. there were ayes 41, noes 51. Mr. CONKLING. I demand the yeas and nnys. The yeas&nays were ordered. The question being taken, it was decided in the alfirmative yeas 61, says 54, not voting 71; So the amendmentto The amendment was agreed to. Mr. CONKLING mtRtv the amendment to The amendment was agreed to; on the table. agreed to.
Mr. BENJAMIN. Iask unanimous consent to propose the follow mg as an amendment to the amendment: Provided. That troops known in “home guards." or other volunteer troggs, organizedfor localservice. which are now exelud from bountics by the rulings of the War Deptor under the terms of their eplistment, shall notparticipatein the bounties promvideendshbayllthis act or any inrt thereof; but iIHSIEXCIu not apply to t ose volunteers legalized as mustered into the 3 year service of the U.S. leutinndger an not making up appropriation for the defensesofWashinuton, andfor other purposes. Approved February 13.1862.
Skip Skip The question recurred on concurring in the amendment as amended; and being taken, there were ayes 63, noes 38. Mr. HARDING, of Kentucky. I demand the yeas&nays. The yeas&nays were ordered. The roll call having commenced, Mr. STEVENS said: I ask unanimous consent that the morning session of today be extended until this bill shall be disposed of. Mr. WENTWORTH. I object. Mr. STEVENS. There will not be time to complete the call and order acommittee of concrence before the recess. Mr. HARDING, of Kentucky. mtRtv the yeas&nays were ordered. The mtR agreed to. Mr. HARDING, of Kentucky. I now with draw the demand for the yeas&nays. The amendment, as amended, was then concurred in. Mr. CONKLING mtRtv the amendment, as amended, was concurred in; on the table. agreed to. Mr. STEVENS mtRtv the amendments were severally concurred or non-concurred in; upon the table. agreed to.
Mr. STEVENS. I now move that the House insist upon its disagreement to the several amendments, and ask for a committee of conference. The motion was agreed to. AIR LINE RAILROAD AGAIN.
Mr. STEVENS. I rise to a privileged question. I will u the mtRtv house bill No. 632, to authorize the buildin of a military and postal railroad from Wasington, DistCol, to the city of NewYork was ordered to be engrossed.Mr. ALLEY. adjourn. The motion was disagreed to.
Mr. STEVENS. I withdraw the motion to reconsider.
Skip Skip The bill had previously been orderengross and read a 3rd time; and beinm now engrossed, was accordingly read the 3rd time. Mr. STEVENS. I demand the previous question on the assa e. Mr. J. L. T OMAS. the table. Mr. LEBLOND. I hope the gentleman will withdraw his motion and let us have a vote directly on the passage of the bill. Mr. J. L. THO‘ AS. I insist upon my motion. Mr. RANDALL, of Pennsylvania. I demand the yeas&nays. The yeas&nays were not ordered. The question bein taken on laying the bill on the table, it was isagreed to. The previous question was 2nded and the main question ordered. I move that the House I move to lay it on ARMY BILL.
Mr. SCHENCK. I rise to make a privileged report from the committee of conference on the disagreeing votes of the 2 Houses on the Army bill:. The committee of conferenceon the disagreeing votes of the 2 Houses upon the amendmentof the Senate to the substitute of the House for the Senatebill No. 138to increase and fix the military oace establishment.of the U.S. respect ully repOrtthat alter full and free conferencethey have failed to agree, and therefore ask to be discharged. ROBERT C. SCHENCK, HALB'ERT E. PAINE. SYDENHAM E. ANCONA. image" on.thepan of the home. The committee was accordingly discharged.
The SPEAKER. The Gentfrom Ohio LMr. SCHENCK] will yield for amoment. The Chair desires to suggest that, as this is proba bly the last day of the session, the takin of the recess, fixed at half ast 4 o’cloc p. m., be postponed till sue time as the House sees proper to adjourn till the evening session. There was no objection, and it was so ordered.
Mr. WARD. Has the gentleman any assurance the Senate will accept this new bill?
Mr. WARD. Then why not have a new committee of conference that will agree on something?
Mr. SCHENCK. This is only taking the lowest rates which the Senate an House conferees have already once distinctly agreed to.
Mr. WARD. But it will not give us any i.
Mr. SCHENCK. It will give us a bill more promptly than in any other way. It will put this question, whether they are willing to takea bill framed on their own basis instead of a bill sent from the House.
Mr. FARNSWORTH. I ask, with the Gentfrom NewYork, why we should not have another committee of conference to adj ust the disagreeing votes between the 2 house..
Mr. SCHENCK. We have now agreed to all the suggestions of the Senate conferees.
Mr. FARNSWORTH. In a matter so dif ficult and important why should we not have another committee of conference?
Mr. SCHENCK. For the reason the finally fell back upon the ground so far as the conferees here were concerned that they would not agree to anything for wounded officers or soldiers. In other words, the would make no provision for the Veteran reserve corps except
Mr. WARD.Mr. Speaker, is it in order to m'ove for another committee of conference?
The SPEAKER. It would be if the gentleman had the floor.
Mr. SCHENCK. I know in colleagues on the conference committee will agree with me, from the disposition manifested, and from what was done, this isa nearer approach to the matter than any we can adopt, and more likely to result in something practical being' done. Sir, it is not necessary to go into details in ref erence to the conference, but perhaps I have one too far already. It was our conviction the proposition I now make is the most feasible plan to arrive at an conclusion. I now move to suspend the rules to enable this bill, prepared with gbreat care in accordance with what was done y General Pawn and myself, to be introduced and at on its passage.
Mr. WARD. My 0 ject is to have some bill ado ted.
Mr. SCHENCK. I ask my colleague on the committee [Mr. Pam's] whether he does not understand we are more likely to get a bill in this than in any other way. I will not detain the House one moment longer than to have my colleague express his opinion on this subject for the benefit of the House.
Mr. HARDING, of Kentucky. Is that in Order?
The SPEAKER. ot pending the motion to suspend the rules.
Skip Skip The House divided; and there were ayes 62, noes 44. So (2/3rds not voting in the affirmative) the rules were not suspended.
Mr. WARD I now move that the House still further insist upon its disagreement to the amendments of the Senate to the House substitute for the Army bill, and ask for another committee of conference.
Skip Skip The motion was agreed to. Mr. WARD mtRtv taken; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced to the house thatthe Senate had passed, without amendment, House bill No. 814, for the relief of the sufferers by fire at ’Portland. ADJOURNMENT OF CONGRESS.
Mr. STEVENS. I learn that it will be impossible for us to finish up all our necessary usiuess by the time, tomorrow noon, fixed for the adjournment of this Congress, and that unless the session is extended we shall lose several important bills in consequence of there not bein time in which to prepare them and submit them to the President for his approval and signature. I therefore submit the following resolution for action at this time: coRnecsuorlrvinegd by the HoRep (the Senate That the presentsession of Congress he, iannsdtanhte, raetby is. extended until Saturday. the 28th 5 o’clockp. in.
Mr. DRIGGS. I move to amend the resolution so as to extend the session to 2 o’clock p. m. of Monday next. 1111“S.TEVENS. My own judgment is in favor of Monday; hutI find such a determination on the part of members to go home that I fear it will be impossible to keep a quorum here till Monday.
Mr. SCOFIELD. I would sug est to my colleague
Mr. STEVENS] that he led better vithdraw the regolution for the present: He an olfer it again tomorrow morning if it shall then be found necessary.
Mr. STEVENS. I think we better act upon it now.
Mr. FINCK. I would suggest to the Gentfrom Pennsylvania [Mr. Smvsss] that he better let this matter go over until tomorrow morning at 11 o’clock. We will then know whether we shall need to have the session extended or not. I
Mr. STEVENS. It is important that the question should be settled now in order that we may know what arran ements to make. I see several members on the wing now, hovering about as if ready to fly away. I will modify the resolution so as to extend the session to half past 4 o’clock tomorrow afternoon.
Mr. DRIGGS. At the request of friends, I will withdraw my amendment.
Skip Skip The previous question was 2nded and the main question ordered. The question was upon agreeing to the resolution of Mr. Srnvsxs, as modified; and being taken, upon a division there were ayes 65, noes 38. So the resolution was agreed to. Mr. STEVENS mtRtv the resolution was agreed to; on the table. agreed to. On motion of Mr. SCOFIELD, the House (at 20 minutes to 5 o’clock p. m.) took a recess till half past 7 o’clock p. m. EVENING SESSION. The hour of half ast 7 o’clock p. m. having arrived, the case resumed its session. SELECT COMMITTEE ON CIVIL SERVICE.
Mr. JENCKES, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the select committee on the civil service of the U.S. heretofore authorized by a resolution of this House. be continued during the 2nd or subsequent session of the 39th Congress, and that it may contipue to exerciseth powers conferred by said resolution. WYANDOTT MISSION CHURCH.
Mr. PRICE. I move that the ComWhole be discharged from the further consideration of Senate bill No. 353, for the relief of the trustees and stewards of the Misssion church of the Wy and otte Indians.
Mr. CULLOM objected, but subsequently withdrew his objection.
Mr. PRLCE. Then, I move to suspend the rules for that purpose. The SPEAIfER. That motion is not now in order. The House is now acting under the previous question, which was ordered before the recess, upon the bill of the House (No. 632,) to authorize the building of a military and postal railroad from Washington, DistCol. to the city of NewYork; and until that bill is disposed of no other business is in order except by unanimous consent. ASSASSINATION OF PRESIDENT LINCOLN.
Mr. LAFLIN, by unanimous consent, reported from the ComPrintg the following resolution: Resolved, That therebeprinted for the useof this House, 10,000 copiesof the report of the ComJudiciary upon the alleged comlicit of JeffersonDavis in the assassination of President Lincoln.
Mr. RANDALL, of Pennsylvania. I move to amend the resolution so that it shall include an equal number of the minority report when made.
Mr. TAYLOR, of NewYork. I would suggest that they be Ordered to be printed together, if the minorit report is submitted in time to be printed with the ma'ority report.
Mr. RANDALL, o Pennsy vania. I will modify my amendment to that effect.
Skip Skip The amendment, as modified, was agreed to. The resolution, as amended, was agreed to. Mr. LAFLIN mtRtv the resolution was agreed to; upon the table. agreed to. PROVOST MARSHAL’S BUREAU.
Mr. LAFLIN, by unanimous consent, reported. from the ComPrintg the followmg resolution: Rewloed, Thatthere beprinted 2,000 extra. i nevoepsictisg aottfhee 3 pporortvoosftthe committee appointed to marshaland his arena, for the useof the committee, and 500 for the use of the llouse.
Mr. LAFLIN. I will remark that this has been customary in regard to reports of this character. The members of the committee are more particularly interested in the report than are the other members of the House. However, if objection is made to the distribution proposed by the resolution I am willin to modify it so as to make it 1500 for the use of the committee and 1500 for the use of the House.
Mr. HARRIS. I move to lay the resolution on the table.
Mr. LAFLIN. If the gentleman will with draw that motion I will modify the resolution so as to make it 500 for the committee and 2,000 for the House.
Mr. HARRIS. I will withdrew the motion for that purpose.
Mr. LAF IN. I modify the resolution so as to make it provide 500 copies for the use of the committee and 2,000 for the use of the House.
Skip Skip The resolution, as modified, was agreed to. Mr. LAFLIN mtRtv the resolution was agreed to; on the table. agreed to. POSTAL SERVICE APPROPRIATION.
Mr. ALLEY. I ask unanimous consent of the House to introduce a supplemental appropriation bill for the postoffice Dept, which has been rendered necessary by the great number of post routes which have been established by the action of this Congress. I have the consent of the chairman of the committee ‘on Appropriations
Mr. S'rsvsxs] to introduce it at this time, an I ask that it may be considered and passed at once. No objection was made.
Mr. ALLEY accordingly introduced a bill for an act supplemental to the act to appropriate money for the postal service; which was read a 1st and 2nd time. The bill was read at length. It appropriates the sum of $486, 625 for carrying the mail upon the post routes established by not of Congress passed during the 1st session of the 30 i inth Congress for the fiscal year ending June 30, 1867.
Skip Skip The bill was orderengross and read a 3rd time; and it wasaccordingly read the 3rd time and passed. Mr. ALLEY mtRtv the bill was passed; upon the table. agreed to. MEMPHIS RIOTS.
Mr. WILSON, of Iowa. I ask unanimous consent to submit a motion instructing the ComPrintg to report back within one hour the resolution referred to them providing for the printing of the reports of the committee appointed to investigate the late Mem phis riots, with such recommendation or modi ‘cation, if any, as they may deem proper to I think those numbers report.
Mr. SHANKLIN. I object. I WATEHMEN IN CAPITOL ROTUNDA.
Mr. BRIGGS. I ask unanimous conseptto introduce, for consideration at the present time, the following JtResolution: Resolved by the Senate and HoRep of the U.S.A. in Contress assembled, That the watchmenin the Rotunda o the Capitol be allowed the some pa. as is allowed to the Capitol police. to take effectt c lst day of January. 1866.
Mr. KASSON. I object. ENROLLED BILLS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found trul enrolled bills and JtResolutions of' the following titles; when The SPEAKER signed the same: An act (H.R.No. 597) to authorize the use in postoffices of weights of the denomination of grams; An not (H.R.No. 759) to authorize the refunding of certain taxes; An act (H.R.No. 809) to further regulate the printing of public documents and the purchase of paper tor public printing; An act (H.R.No. 810) amendatory of section 13 of' an act entitled “ An act to amend an not entitled ‘An act to provide internalrevenue to support the Government, to pay interest on the public debt, and for other purposes.’ approved June 30, 1864, ” approved Iarch 3, 1865; An act (H.R.No. 814) for the reliefof sufferers by fire at Portland; andJtResolution (H.R.No. 140) to enable the SecyTreasury to furnish to each State one set of the standard weights and measures of the metric system. AIR LINE RAILROAD AGAIN.
Mr. STEVENS. I now call for the consideration of the regular order of business. The House accordingly resumed the consideration of House bill No. 632, to authorize the building of a military and ostal railroad from Wasbin ton DistCol, to the city of NewYork; upon which the previous question had been 2nded and the main question ordered. The question was upon the passage of the ill.
Mr. BERGEN called for the yeas&nays. The yeas and nnys were ordered.
Skip Skip The question was taken; and it was decided in the affirmative years 59, nays 44, not voting 83;. So the bill was passed. Mr. STEVENS mtRtv the bill was passed; upon the table. agreed to. DEFICIENCY APPROPRIATION nILL.
Mr. KASSON. from the ComAppropriat, reported back Senate amendments to the bill (H.R.No. 791) entitled “An act to supply deficiencies in the appro Dnrling. Davis. Dawes riations for the service of' the fiscal year end in June 30, 1860, and for other purposes.” The amendments of the Senate were read, as follows: 1st amendment: On page 2.1ine four. after the word "extension" insert "namely." The ComAppropriat recommended concurrence. The amendment was concurred in. 2nd amendment: On page 3. at the end of line 6. insert the follow in. T’rovided.That from and after June 30.1866.the regular compensation of the female folders in the deadletter officeshall be at the rate of 50 dollars permonth. The ComAppropriat recommended concurrence. The ameiidmentwas concurred in. 3rd amendment: f 3n page 3. strike out lines 14 and 15. as of grvsadditionulcompensationto the AsstAt torneyGeneral. The ComAppropriat recommended concurrence. The amendment was concurred in. 4th amendment: r On page 3. Strike out lines 16 and 17.as O 0W5: For amountrequiredfor salariesofclcrks. $2.800. The ComAppropriat recommended concurrence. The amendment was concurred in. 5th amendment: On page 3. strike out lines 18 and 19. as: For temporaryclerks. additional compensationto clerks.&c. $10,000. The ComAppropriat recommended concurrence. The amendment was concurred in. 6th amendment: On ago 3. strike out lines 20 and 21. asfol ows: For contingentexpenses. The ComAppropriat recommended concurrence. The amendment was concurred in. 7th amendment: a On page 4. strike out lines 14 and 15.as foSlloawlasry: of the deputy solicitor of the courtof Claims. The ComAppropriat recommended concurrence. The amendment was concurred in. 8th amendment: On page 4. strike out lines 16. 17 and eightecn. asfollows: he sale of the asstsolicitor of the Court of Claimsshal bethe someas that of the solicitor of said court. The ComAppropriat recommended concurrence.
Skip Skip The committee recommended non-concurrencc. The amendment was non-concurred in. Mr. KASSON mtRtv the amendments of the Senate were severally concurred or non-concurred in; on the table. agreed to.
Mr. KASSON. I move that the House in sist upon its disagreement to the several amendments and ask for a committee of conference. The motion was agreed to.
Mr. WILSON, of Iowa. I move to suspend the rules in order that I may make a motion that the ComPrintin be instructed to report back to the House within an hour the resolution providing for the printing of the report of the committee on the Memphis riot.
Mr. LEBLOND. Is that motion debatable? 4
Mr. LEBLOND. I hope the motion will not prevail, because the committee itself has determined not to report, as I understand.
Mr. WILSON, of Iowa. The committee is equally divided on the subject.
Mr. LEBLOND. I do not know how they stand, but I know the very motion now made carries with it the presumption that the committee have come to the conclusion not to repprrt. WILSON, of Iowa. It is too late in the session to debate it. The question being taken on the motion to suspend the rules. there were ayes 66, noes 21. " UCKALEW 0011 burn. Window. Myer Mr. FINCK. I demand the yeas&nays. The yeas&nays were ordered. The question being taken, it was decided in the allirmative yeas 81, pays 33, not voting 72;. So (2/3rds voting in the affirmative) the rules were suspended.
Mr. WILSON, of Iowa. I now more that the ComPrintg be instructed to report immediately the resolution relating to printing the report of the Memphis riot, and on that I demand the previous question.
Mr. LEBLON D. I wish to clients an amendment the following: That the selecteommittee on theMemphisriots be and the same is hereby.directed to report to this gHeonutsethe amountof moneydrawn fromthe contip fiind of the House to pay the expensesof said shloy, 'OOUHDIHOD.
Mr. Lb] BLOND. I would like tokuoiv how much it has cost. I did not suppose the gentleman would allow it.
Skip Skip The previous question was 2nded and the main question ordered. Mr. ‘LDRIDGE. I demand the yeas&nays. The yeas&nays were ordered. The question being taken, it Was decided in tbe affirmative yeas 78, nays 28, not voting 70. So the motion was agreed to. Mr. WILSON of Iowa, mtRtv the resolution was agreed to; upon the table. agreed to.
Mr. ELDRlDGE. I desire to inquire of the gentleman whether he has made an estimate of the cost percopy of printing this report, whether it will not cost somewhere in the neighborhood of 2 dollars or 2 dollars and 50 cents)er cepy.
Mr. LAFLIN. In answer to that question I will state that without covers it is probable the printing of the report, with the evidence, will cost somewhere about 75 cents per copy; with covers it will cost about one ollar or copy. The report itself, without the evidence, will cost about 25 cents per copy.
Mr. ELDRIDGE. I have understood that it will cost at least 2 dollars percopy.
Mr. LAFLIN. That is an entire mistake. The gentleman will bear in mind that the Agricultural Report does not cost anything like that amount. It must be remembered that this work has already been printed by order of the House, and all the expense involved in furnishing extra copies is the price of the paper, the press work, and the bindin.
Mr. ELDRlDGE. Is not the cost of the Agricultural Report Very much reduced in consequence of the very large number which we vprint; and should we print but ten or 15,000 copies of this report, will it not cost, in fact, at least 2 dollars percopy?
Mr. LAFLIN. I can state, for the information of the gentlemen and of the House, that so far as regards the expense per copy of these extra copies, it makes no iffercuce whether we print 10,000 or 50,000 or 100,000, because the composition has already been done in order to print the 1550 copies provided for by law.
Mr. ELDRIDGE. The gentleman has a very different idea on this subject from his colleague on the committee.
Mr. LAFLIN.Mr. Speaker, I now yield 5 minutes of m time to the Gentfrom Kentucky, [Mr. nANituN, ] and I will then yield 5 minutes to the Gentfrom Pennsylvania, [Mr. BltOOMALL]
Skip Skip MESSAG! FROM THE SENATE. A message from the Senate, by Mr. FORNEY its Secretary, announced that the Senate had insisted on its amendments disagreed to by the House to the bill (H.R.No. 737) making appropriations for sundry civil expenses of the overument for the year ending uue 30, 1867, and for other purposes; had agreed to the conference asked by the House, and had appointed as conferees on the part of the Senate Kicssrs. SHERMAN, Fassssnas, and Joussos. REPORT ON MEMPHIS RIOTSAGAIN.
The SPEAKER. The gentleman’stime has expired, and the floor is now assigned to the gentlengn from Pennsylvania for 5 minutes.
Mr. ROOMALL.Mr. Speaker, I have only one thing to say in answer to the complaint of the Gentfrom Kentucky that the committee has not met him to consult about the report. It is within the knowledge of the members of the House there has been no time since the return of the committee from Mem phis when the 3 members have been present in the House, in consequenee of'one or 2 or even the 3 of them having been ill probably from the climate‘of Memphis and the incessant labor imposed upon them in taking testimony. Now, the report was prepared by the Gentfrom Illinois, [Mr. Acunuauuj the chairman of the committee. 'I myself conferred with the Gentfrom Kentucky with respect to the report. I also conferred with the Gentfrom Illinois. If they do not fee with one another it is no fault of mine. 'ith regard to what the gentleman has said that we have drawn from our imaginations if we say this matter differs from ordinary mobs or riots, I will say one word. why, sir, there was no riot in Memphis, notwithstanding the terms of the resolution which was referred to us. There was no riot, and it is an abuse of language to say so when the civil authorities of a city of 60,000 inhabitants conspired together to murder in open da unof fending citizens of the U.S. say it is an abuse of language to call that a riot. It was a massacre. It was a massacre by the very persons who are asking now to be allowed to participate in the government of the country. Why, sir, in those terrible 3 days in Memphis there were 48 murders committed upon unoifcuding American citizens by the civil authorities of the city. The very recorder of the city headed the mob, the very last one in the world who should have been guilty of such a thing.
Mr. SHANKLIN. I ask the gentleman to yield to me.
Mr. BROOMALL. The gentleman has had his 5 minutes, and I can yield to no one. There were besides 5 cases of rape upon helpless and unoffcnding women under circumstances that the gentleman himself united with us in saying ought not to be put in the testimony. It was too revolting and too horrible to be repeated anywhere. In those terrible 3 days there were deeds committed within that city by the civil authorities of the city, which would have made the famous “cities of the plain” blush for the very insignificauce of their in iquity. Yet these horrible massacres, these murders, these rapes and robberies are called a mere moband not. It will not do, sir.Mr. Speaker, there ought to be printed at least the number of reports mentioned in the resolution which was referred to the ComPrintg; and Iask the chairman of the committee [Mr. Lsrun] to allow me to make the motion to double each of the numbers contained in his report. This subject does possess some political and public significance. The great question now before the country is whether the people of the 11 States lately in rebellion are yet in a tit condition to be intrusted with a share in the government of the country. The animus and the spirit of the people enter into the inquiry. The etails of this report and testimou go to that very spirit and that very animus oft e leading people of the city of Memphis. I do not won der that the Gentfrom Kentucky [Mr. Snauxus] likes to shield his friends. I do not wonder that peculiar means have been usedI do not refer to the amiable entle man, the chairman of the ComPrintg, [Mr. LAFLIN] to prevent this report from getting before the count at all.
Mr. SHANKLTN. I would ask my colleague [Mr. BROOMALL] whether the proof does not establish clearly and conclusive y the fact that the mass of the men engaged in these outrages a ain‘st the helpless colomd people of the City of Memphis were registered voters under the 4266 was commas stow. franchise law of Tennessee which was passed by what is known as the Radical party of that State.
Mr. BROOMALL. I can onlysay in answer to the gentleman that I can well understand that the very worst of the friends of gentlemen upon the other side would swear themselves in under the franchise law. It is very possible that there are men among those who vote in Tennessee who are worse than the average of those who are excluded; I do not know how that is. Butg would remind the gentleman [Mr. Sussnu] that the recorder of the city of Memphis, the leader of the mob, the man who urged them on to committhesefoul deeds, is the VEEP of the Johnson club of Memphis. And now I have only to add that if the gentleman complains that he has not been allowed to sign our report, I will agree that he shall have an opportunity to append his name it '
Mr. LAFLIN. I entertain the very highest respect for the Gentfrom Pennsylvania, [Mr. BaooaiL ] and there is no man in this house whom I would be more willing to accommodate than him. But I am satisfied from what I have observed of the tone and temper of this House that an amendment of the kind he lr proposes would meet with its acceptance.
Mr. LAFLIN. Without desiring to beat all rude or discourteous, I must decline his amendment. I now call the previous question.
Skip Skip The question was taken upon 2nding the previous question; and upon a division there were ayes 53, noes 41. Before the result of the vote was announced, Mr. BROOMALL called for tellers. Tellers were ordered; and Messrs. Bnoonsm and SHANKLIN were a pointed. The House again divided; and the tellers reported ayes 63, noes not counted. So The previous question was 2nded and the main question ordered, which was upon agreeing to the amendment reported by the ComPrintg to the original resolution referred to them.
The Clerk read The original resolution was as follows: Rnoleed. That 10,000 copies reports extra of the and evidenceof the select committee on the Memphis riots and 50,000 copiesof saidre Withoutthe evidence.be printed. The amendment of the ComPrintg was to substitute as follows: That 1,000copies extra of the reports and evidenceof the select committee on the Memphis riots and 10,000 copies of said reports without the evidence, beprinted.
Skip Skip The question was taken upon the amendment, and upon a division there were ayes 60, noes not counted. So The amendment was agreed to. The question was upon agreeing to the resolution as amended. Mr. ELDRIDGE. I call for the yeas&nays. The yeas&nays were not ordered. The resolution, as amended, was agreed to. Mr. LAFLIN mtRtv the resolution was agreed to; on the table. agreed to. REBECCA J. SHEPPARD.
Mr. GARFIELD, from the ComWays&Means, reported back a bill for the relief of Rebecca J. Sheppard. The bill was read at length. It authorizes the SecyTreasury to issue a uewbond for $100, with coupons from May 1, 1865, to Rebecca J. Sheppard, of Philadelphia, in the place of a coupon bond for alike amount, No. 29,697, 4th series, loan of February 25, 1864, the same having been destroyed by fire. ’5‘
Mr. GARFIELD. I think no member of this House will object to this bill. It is for the benefit of a poor lady whose house was burned, with all she possessed, including $300 in bonds, $200 bein railroad bonds, and $100 in five twenties, fiU.S. bonds. So well. satisfied was the railroad company that the railroad bonds had actually been destroyed by the fire that it issued to her new bonds. And it is now proposed to authorize the SecyTreasury to issue a new U.S. bond to her for the one that was destroyed by the same fire.
Mr. WRIGHT. I would ask the Gentfrom Ohio [Mr. GARFIELD] what securit the Government would have in case the old ond should be recovered.
Mr. GARFIELD. If the gentleman desires, I will amend the bill by a ding that the old bond, No. 29, 697, &c., shall never be paid, if recovered.
Mr. KASSON. Why not say, “upon satisfactory roof of the loss of the original?”
Mr. ARFIELD. I have no objection to that.
Mr. DELANO. I be e the gentleman will not ask us to pass this bi 1without 1st putting in it a provision for the ordinary security of the Government. No bill of the kind has ever been passed without such a provision.
Mr. GARFIELD. The gentleman is mistaken; it has been done repeatedly.
Mr. DELANO. Then the bitlhas been stolen through Congress.
Mr. O‘NEILL. There is no objection to the amendment suggested by the Gentfrom Ohio, g Mr. Dsuso.
Mr. ELANO. moveto amend by inserting the words “upon her giving bond of in demnity to the satisfaction of the SecyTreasury against the outstanding bond.” hMr. GARFI ‘LD. I have no objection to t at.
Mr. SHELLABARGER. Early in this session I introduced and had referred to the ComWays&Means a resolution of inquiry into the expediency of providing by law for this class of cases. And I then called the attention of my colleague [Mr. GAR risup] to the ease of a poor man whose bonds had become so mutilated that they could not be paid, altlon h enough was left to indicate the numbers an denominations of the bonds, which were all the property the poor man had.' I would inquire of the gentleman why the comWays&Means have not'providdd by a general law for such cases as that.
Mr. GARFIELD. The ComWays&Means were of opinion, and have so determined, that it would be uhise to make a general law on the subject, for fear there might be fraud practiced under it. The law as it now stands provides that when bonds are mutilated, and parts are left to prove the numbers, the SecyTreasury may re issue bonds in their place. The committee concluded that each case not covered by that law should be left to stand upon its own merits before conress.
Mr. SHEILLABARGER. Does the gentleman mean that the Treasury will now reissue bonds in cases like that to which I have referred?
Mr. GARFIELD. Certainly they will, for I have had it done myself.
Mr. SHELLABARGER. Well, I have been told that they will not.
Mr. GARFIELD. I call the previous question.
Skip Skip The previous question was 2nded and the main question ordered. The bill was then orderengross and read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. GARFIELD mtRtv the bill was passed; on the table. agreed to. VENTILATION OF THE HALL OF THE HOUSE.
Mr. RAYMO ND, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Rowland.That a selecteommittee of dye members be appointed.to report to this Houseat its next sci ision what alteratiop can or should bemade in this Hall to provide for its betterventilation and for the moreproinnt dispatch of business.
Mr. RAYMOND mtRtv the resolution was agreed to; on the table. agreed to. EDUCATION FOR THE ARMY.
Mr. SCHENCK, by unanimous consent, introduced a bill to establish a system of edu cation for the Army of the U.S., and to provide that all promotions therein shall be from the ranks; which was read a 1st and 2nd time, ordered to be printed, and its further consideration postponed until the 2nd Monday in December next.
Mr. ROSS mtRtv the bill was postponed; on the table. agreed to. 'rniiroiuur MAIL aors.
Mr. INGERSOLL, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the Postmaster of this House is hereby authorized to retain in employment the 3 temporarymail boys during the vacation of Congress.
Mr. INGERSOLL mtRtv the resolution was agreed to; on the table. agreed to. “ PROTECTION or THE REVENUE.
Mr. MOORHEAD.Mr. Speaker, this report is nearly the same which was presented before on this bill, with the exception of the 9th section, which, according to the former report, was stricken out. It will be seen that the 9th section is now retained in a modified form. This appeared to be satisfactory to both parties. I now call the previOus question on the adoption of the report.
Mr. WENTWORTH. I ask that the 9th section be read as proposed to be amended by the committee of conference.
The SPEAKER. 'If there be no ‘objection it will be read.
Mr. WENTWORTH. Has not any member the right to call for the reading of that upon which he is required to vote?
The SPEAKER. It was decided in the 34'h Congress, byMr. Speaker BANKS, that, the House having before it the report of a committee of conference, no member had the right to demand the reading of the original bill; and that decision was sustained by a majority of the House.
Mr. ALLISON. I hope that the gentlemen from Pennsylvania [Mr. Mooiiiinanf will give us some exlanation of this matter.
Mr. MOORHEAD. I must insist on the previous question.
Mr. ALLISON. If the Gentfrom Pennsylvania will give us no explanation of the report I must move to lay it upon the table, because I do not know what it is. This is too important a matter to take everything for ranted.
Skip Skip Mr. WENTWORTH demanded the yeas and an s. The yeas and nays were ordered.
Skip Skip The question was taken; and it was decided in the negative yeas 33, nays 68, not voting 75;. So the House refused to lay the report on the table. The previous question was 2nded and the main question ordered; and under the operation thereof the report was adopted. Mr. MOORHEAD mtRtv the report was adopted; upon the table. agreed to. HON. DAVID T. PATTERSON.
The SPEAKER stated the regular order to be the consideration of the business on The SPEAKER’s table. The 1st business on The SPEAKER’s table was Senate JtResolution No. 144, in relation to the admission of Hon. David T. Patterson to a seat in the Senate; which was read a 1st and 2nd time.
Mr. MAYNARD. I ask the Clerk to read the resolution. The resolution was read. It provides for the admission of Hon. David T. atterson, a Senator elect from Tennessee, to a seat upon taking the usual oath to support the Constitution of the U.S., and so much of the act prescribing an.oath of office, and for other purposes, aproved July 2, 1862, as shall not include the following words: “I have neither sought nor aecc ted nor attempted to exercise the functions 0 any office whatever under any authorit, or pretended authority, in hostility to the U.S.”
Mr. MAYNARD. I would like to be in formed whether the report of the Senate ComJudiciary is on the Clerk’s table.
Mr. MAYNARD. I ask that it be read as a art of my remarks.
Mr. LOAN. Will the gentleman allow me to ask whether the taking of the oath to support the constitution of the socalled confederate States of America is not so expressed in the Jtresolution?
Mr. MAYNARD. I do not think this JtResolution makes any reference to the taking of the oath. It simply relieves him from swearing that he held no office.
Mr. LOAN. Isit not so expressed in the JtResolution and report of the committee that has been read?
Mr. MAYNARD. The gentleman will bear in mind that this JtResolution does not relieve Judge Patterson from any supposed disqualification by reason of taking that oath. tonly relieves him from the disqualification that may arise from the fact that he held office, and, as I was about to remark, it seems to me that the disqualifying fact is not having held office, but having held it “in hostility to the U.S.” Now, I might suppose the case and it is not difficult to do so of a man who has been sent inside of the enemy‘s lines as a spy. In order the better to accomplish his purpose he might become a rebel soldier, and take the oath as such. He might be appointed to some olficc, high or low, and exercise the functions of that office, not “in hos? tility, ” but in fricndship to the U.S., and “in hostility” to tile confederacy. such was the case in this instance.
Mr. LYNCH. I would ask the gentleman if the confederate government was not hostile to the U.S.
Mr. MAYNARD. The term confederate "government" is one that I have never used. I have never recognized the authority of the southern confederac as a “government.” Certainly, however, the southern confederac, call it by whatever name you please, was i rectly in hostility to the Government of the U.S.
Mr. LYNCH. I call the gentleman’s attention to that part of the oath which this JtResolution proposes to relieve Judge Patterson from taking: “I have neverspughtor acceplfedor attempted to exrcise the functions of nn)‘0! co whats yerunder authority or pretended authority hOIUlB to the U.S."
Mr. MAYNARD. The gentleman does not read the language ecisely as it stands in the statute. It is not “ hostile to” but/“in hostility to.” The difference between the construction he intimates and mine is “ as to what the words in hostility to the U.S." qualify. I inintain that they do not qualify the word ‘nu tilihority, ” but the words expressing the action, t us: "I havencithersought nor acceptednor attempted to exercise the functionsof any offico in hostility to the U.S.’”
Mr. BO TWELL.Mr. Speaker, I wish to ask the Gentfrom Tennessee whether there was not. a provision of the oath which all officers under the rebel government took especially abjuring all allegiance to the government of the U.S. Did they not expressly swear to support the constitution of the socalled confederate States? And are we to understand from the Gentfrom Tennessee that the fact, if it be a fact, that Judge Patterson took that oath, with a mental determination at the time not to do that which the oath required him to do, puts usnnder an obligation to absolve him specially from the test oath which is required by the laws of this country to be taken by all persons who accept o‘fice under the Government of the U.S.?
Mr. SCOFIEL. The gentleman will allow me to inquire whether it was this unjust and irresponsible power that Mr. Patterson swore he would support when he entered upon the duties of that office.
Mr. MAYNARD. I have already stated, and I ask the attention of the House to it, the question is not as to any disqualification, or supposed disqualification, from the oath taken, but qua animo he accepted office in those distressin times.
Mr. RIMBLE. I ask the gentleman to yield to me in order that I may put a question to him.
Mr. TRIMBLE. I ask the Gentfrom Tennessee whether or not the constitution of Tennessee had been changed at all when Judge Patterson took that oath; and whether the oath was not the same which had previously been taken with the exception of the substitution of confederate States for the U.S.
Mr. MAYNARD. The State constitution required that eve officer of every kind in the State should, in addition to other oaths, take an oath to support the Constitution of the U.S. It ink I use the language precisely. My recollection is that the rebels changed that feature in the constitution so as to require them to take an oath to support the constitution of the “confederate” States.
Mr. SHELLABARGER. He took an oath to support the rebel government in addition to his other oaths? Mr. MAYNARD. I suppose the oath he took was an oath to support the constitution of the confederate States. I see Judge Patterson is present in the Hall and he intimates that I am correct. The oath was, “ I swear I will support the constitution of the confederate States of America.” I think that was the form required.
Mr. SCOFIELD. Does the gentleman mean to say that he took that oath and then violated it; that he swore upon the Holy Evangelist s that he would so port the confederate States and then violate it?
Mr. WRIGHT. I rise to a point of order. I make the point that all discussion in regard to this oath that was taken is irrelevant and imp‘rloiepeSr.PEAKER. The Chair overrules the point of order.
Mr. WRIGHT. The Senate have sent to us for our decision the question in relation to the admission of Judge atterson to a seat in the Senate. He is a good Union man. Now shall we deny him that which he asks?
The SPEAKER. The Chair overrules the point of order, for it is in reference to this oath the Sllb{eci is now pending before the House.
Mr. VRIGHT. Very well, sir; I suppose the decision is all right. [Laughter]
Mr. BROMWELL. Will the gentleman allow me to ask him a question?
Mr. BROMWELL. I would ask the gentleman this question: if, as he says, this oath taken to support the confederate government shall go for nothing by reason of any mental reservation whatever, or that it is not considered binding in law on the conscience of the person taking the oath, does not that lay the oundation for any person who regards the test oath as unconstitutional, to walk into this Hall and take it withouthesitation, upon the ground that it possesses no binding force upon his conscience?
Mr. MAYNARD. Iwill answer in a gen' eral way, that I think itdoes not. Icould give at length my reasons for my opinion, but will not do so, because I seethat the hour to which I am entitled is nearly exhausted. I have promised to yield ten minutes of my time to the Gentfrom Ohio, [Ma SHELLABARGER] and I now do so.
Mr. MAYNARD. I will now yield the remainder of my time to my colleague, [Mr. TAYLOR.
Mr. TAYLOR, of Tennessee. Mr. Speaker, it is fit and proper, I think, that I shou (1 make a statement in reference to the distinguished gentleman upon whose case this body is now sitting, because he is my constituent; he lives in my district, the district which I have th honor to represent upon this floor. It is m happiness to have known him, not only throng the bloody scenes which have occurred during the last 5 years, but for long ears before. And I take pleasure in saying ere td night in all sincerity to my fellow members in this House, that so far as my crsonal knowledge extends, there is not in this House, there is not within the limits of these U.S. to night a man who can present a clearer record of devotion to the country we all love, of pure, unwavering, unmitigated loyalty to the Government than David T. Patterson. Ay, sir, such was his demtion to the cause, such was his loyalty to the Government, such was his fellow feeling with those who loved their Government, that he was willing for their sake not for the sake of the bloody handed rebels, of whom my friendfrom Ohio [Min sHELLABARGER] specks; not for the sake of advancing the interests of the cause that was opposed to his country and to your country; but for the cause of his compatriots iu Tennessee he was willin to be a judge, to occupy an office of responsibility and trust, and to have the lives and reputation and property of the people in his keeping. I am not speaking at ran om; I know whereofI am speaking. In 1864
Mr. Patterson was elected judge of the circuit for the term of 8 years. In 1860, when the coming war began to loom up in the political horizon; when it became evident that we were to be plunged into a civilWar, Judge Patterson, to my personal knowl edge, had a strong inclination to resign his position as judge o the circuit court; but the Union people of his circuit, of whom I was one, besought him, for their sake and for the country’s sake, to continue to hold his position as judge. He consented to their eutreaty, and held the position of judge until the exiration of his term in 1862. He then disclose to me the fact that he desired to retire to private life; that lic‘did not intend to be a can idate for rebelection, for he did not desire to continue to hold that position under such embarrassing circumstances as then surrounded us. The country was then full of rebel soldiers and they were in the full tide of successful rebellion in Tennessee. Be it remembered, sir, that East Tennessee, at that time and all the time from the be nning of the war, through all its changing an horrid scenes, was true to the countrytrue in prosperity and true in adversity.
Mr. TAY.OR, of Tennessee. May I ask the consent of the House to speak 5 minutes longer?
The SPEAKER. Is there any objection to granting to the Gentfrom Tennessee 5 minutes more? There was no objection.
Mr. may NARD. Iwill say that it is necessary, in consequence of the late period of the session, this discussion should be soon brought to a close. I have no disposition to prevent reasonable debate, but I should like to have some understanding as to when the vote will be taken.
Mr. CONKLING. I do not think that any understanding is necessary further than that this debate shall be kept within reasonable limits.
Mr. MAYNARD. Will the gentleman say 12 o’clock to night?
Mr. CONKLING. I think the vote ought to be taken long before that. '
Mr. CONKLING. There is no necessity of having any understanding upon the subject at this time.
The SPEAKER. The discussion can go on and if the previous question be not called the Gentfrom Tennessee may rise when ever he may think proper to close the debate.
Mr. CONKLING. I believe I now have the floor, and I yield with a great deal of pleas ure tom friendfrom Tennessee, [Mr. Swims]
Mr. FINCK. I rise to a question of order. Is it in order to allow this cheering in the House?
The SPEAKER. It is not; the Chair must insist that gentlemen shall obey the rules of the House.
Mr. STOKES. Sir, I cannot vote for this resolution. I am committed against it, and besides I do not think it ought to pass. This House ought not to repeal or modify any part of the test oath, and the failure to pass this resolution does not prevent Judge Patterson from taking his seat in the Senate by any means. This House can vote down the resolution and maintain the test oath, and yet if Judge Patterson can conscientiously take the oath the Senate will admit him. But it has been said that this resolution was proposed in order to preserve the law, to keep it intact. I cannot see it in that light; I do not understand it in that way. But pass this resolution and every man who comes from the South, whether he has held a judicial, legislative, or executive office, or has been an officer in the rebelarmy, can appeal to the precedent adopted by the HoRep on the 27th of July, 1866, and your test oath will not be worth a straw. Whenever you abate one jot or tittle from that oath it is one. It is now the shield and protection of Ioyal men in Tennessee. Repeal it here and they will be forced to repeal it in Tennessee, and then where will the loyal men stand? Where will the Union people be?
Mr. WRIGHT. Where you were when you wrote that letter?
The SPEAKER. The Gentfrom NewJersey is out of order.
Mr. ELDRIDGE. Will the Gentfrom Tennessee yield?
Mr. ELDR GE. I desire to inquire if the letter, a copy of which I hold in my hand, purporting to have been written by him, is enuiiie. I will send it to the Clerk’s desk and have it read, with the gentleman’s permission.
Mr. ELDRIDGE. I hope the gentleman will not object. If it is not a genuine letter I desire to know the fact; if it is genuine I desire the gentleman to explain it.
Mr. STOKES. I have no objection to its being read. I am responsible for all I have said or done.
Mr. WENTWORTH. I object to it; the gentleman is not on trial. “Hr. JOHNSON. He will very soon be on
Mr. STOKES. I will allow the letter to be read.
Mr. ELDRIDGE. I wish to know if that is a genuine letter.
Mr. ELDRIDGE. I understand the gentleman to say that he would freeze in his chair before he would vote to modify the test oath. I would like to know how he can take the oath in the face of that letter, and whether it would not be best, in order that he may avoid doing violence to his conscience, for as to modif the oath somewhat so as to allow him now 0 al as I believe he is, to retain his seatiii the HoRep. [Applause in the gallery]
The SPEAKER. this disorder proceeds from the galleries. The asst‘doorkeepers Wlll, on the repetition of any disorder, remove the disorderly persons.
Mr. ELDRlDGE. I am satished to have order enforced, although I am sure we have spoken to the Chair on the subject several times heretofore.
The SPEAKER. The Gentfrom Wisconsin has never raised a question of order of this kind but the Chair has promptly responded.
Mr. ELDRIDGE. The Chair has said that he was unable to restrain laughter.
The SPEAKER. it is impossible for any presiding officer to restrain members from laughing. If the gentleman had ever occupied
The SPEAKER’s chair he would have found it so. But other manifestations of disorder he can restrain.
Mr. WRIGHT. I can vouch for that, for when I nfade a motion The SPEAKER himself lau lied. [Lou hter.] he SPEAK ‘R. There is nothing more common, than to see “laughter” in the published debates of the British Parliament.
Mr. ELDRIDGE. I hope we shall never in that respect act like memers of Parliament. [Laughter.]
Mr. ELDRIDGE. Will the gentleman allow me to interrupt him '2 I do not want to disturb him, but I should like to know whether there is not something in that letter about forming a league with the confederate States. ‘
Mr. STOKES. I understand it perfectly well, and I will make the gentleman under ' stand it before I get done.
Mr. ELDRIDGE. Did you not say that you' voluntari] enrolled yourself there? I
The SPEAKER. Does the Gentfrom Tennessee icld the floor 'I
Mr. WRIGHT. I rise to aquestion of order. I think the remarks of the Gentfrom Tennessee are not ermane to the subject under consideration. fLaughter] We are looking after the resolution for the admission of ] judge Patterson to a seat in the Senate.
Mr. STOKES. I do notyield to the gentleman for a speech.
The SPEAKER The Chair sustains the point of order. The Gentfrom 'Iennessee has been drawn from the regular course of his remarks by a letter which the Gentfrom Wisconsin sent up to the Clerk’s desk and caused to he read.
Mr. ELDRIDGE. What I desired to call the attention of the gentleman to was not in regard tohis record since that time, for I believe I admitted in puttin the question thatI had no doubt of his attacment to the Government; but I understood him to say he would sit here until he froze in his chair before he would vote to modify that test oath.
Mr. FARQUHAR. I call the gentleman to order.
Mr. ELDRIDGE. What is the question of order?
The SPEAKER. The Gentfrom NewJersey makes the point of order that the discussion must be confined to the resolution endin before the House, and the Gentfrom Wisconsin is clearly out oforder.
Mr. RUSS. Cannot the Gentfrom Tennessee have an opportunity to explain in reference to his enlisting in the southern army?
Mr. STOKES. I hope the House will indulge me for one moment. This matter has been drawn into this debate by the members on the other side who now make the point of order against me. I thought I had a right to make the proper explanation when, as I understood, the gentleman asked me whether I was satisfied with having taken the oath or not. It is my desire the House shall know every thing. I want nothing concealed. I thought it was the correct way to give my political rec ord, so that the House might judge whether I ever did take the oath or not.
The SPEAKER. It was all perfectly in order until the point was raised a aiust the gentleman. The Gentfrom 'enuessee will now proceed with his remarks.,
Mr. EIJJRIDGE. I apeal to the gentle Teunessee to yic d to me for a mo L.
Mr. STOKES. With much respect for the Gentfrom Wisconsin, I now decline to yield the floor. He can take the floor when I iave concluded.Mr. Speaker, I desire to put myself right before this House, for the rebel newspapers and journals have been publishing that letter at least once in every 2 weeks. It is the only thing they have to go on. Itwas printed during the canvass and I met it there. I met it before the loyal people of my own district. I have met it evei yw ere in the West, and everywhere I have been sustained by the people. It is brought here as the last chance, and think with a success as small as that which it has received heretofore.
The SPEAKER. The Chair must remind the Gentfrom Tennessee [Mr. STOKES] that under the point of orderraised by the Gentfrom NewJersey [Mr. Wiiionr] his remarks must be confined to the subject before the House, which is the JtResolution from the Senate. a
Mr. STOKES. I presumed it was in order for me to repeat what I have said, that I would freeze to my seat before I would vote to repeal or modify the test oath. I hope that is in order.
Mr. LAWRENCE, of bio. And approved by President Lincoln.
Mr. ELDRIDGE. The understanding with us here was, that when the Gentfrom NewYork [Min CONKLING] concluded his remarks the Gentfrom Tennessee [Mr. MAYNARD] wou d be again recognized.
The SPEAKER. The Chair would have again recognized the gentlemeu from Tennessee if he had desired the floor if the motion to lay the JtResolution on the table had not been made; but the Gentfrom Tennessee had had the floor for an hour, for himself and those to whom he yielded, and the Gentfrom NewYork [;Mr. Costume] took the floor in his own right.
Skip Skip The question was upon laying the jomt res olution on the table. Mr. LYNCH. I call for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 88, nnys 31, not voting 67;. So the JtResolution was laid on the table. Mr. CONKLING mtRtv the resolution was laid upon the table; upon the table. agreed to. ENROLLED BILLS.
Mr. COBB. from the ComEnrollBill, reported that they had examined and found tru y enrolled bills of the following titles; when The SPEAKER signed the same: An set (S.No.223) to revive and extend the provisions of an act granting the right of way and making a grant of land to the States of Arkansas and Missouri to aid in the construction of a railroad from a point upon the Mississippi 0 posite thement of the Ohio river, via Little Rock, to the Texas boundary, near Fulton, in Arkansas, with branches to Fort Smith and the Mississippi river, approved Feb ruary 9, 1853 and for other purposes; An act (S. i‘Io. 354) for the re ref of William Croswell; and An not (H.R.No. 696) to authorize the use of the metric system of weights and measures.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate by Mr. Fonmn' its Secretary, announced that that’body ha passed House JtResolution No. 197, authorizing a contract with Miss Vinnie Ream for a statue of Abraham Lincoln, without amendment. FENIANS.
Mr. DELANO. I ask unanimous consent of the House to introduce the followmg resolution: Whereasthis House has been informed that certain peacoableand law abidin citizens. while as perabledntand Within the bailing recentlyerected in this city for the benefitofor hansof deceasedsoldiers and sailors of the U.S. situate on the corner of 7th street, and Pennsylvania avenue. have beenllegally and improperly dispersed by the mayor of this city for the alleged reason that they belon ed to a Fenian organization and tl iusprevente from exercising their rights and privileges as citizens of the U.S.: liereforc. Be it resolved by the Senate and HoRep of the U.S.A. in Congress assembled. That said citizens are hereby authorized, whenever permitted soto do by The SPEAKER of this House or the President of the Senate, to use and to occupy said building for the purposeot'holdingpublic meetings for every proper and lawful purpose and particularly in referenceto the liberation of Ireland.
Mr.BANKS. I ask the gentleman to yield to me.
Mr. BANKS. I know nothing of the circumstances to which the resolution refers. The Senate and House appropriated this building and the materials of which it is composed to the lady managers of the late fair. Some gentleman of the House having thought that it might be occu ied for purposes of a doubtful character, an inasmuch as the resolution passed by Congress require the lady manaers should use this building for purposes which in their judgment should tend to the furtherance of the main object of the association, that is to say, for the benefit of the orphans of the soldiers and sailors of the U.S., I say it was thoughtif used for political meetings or for gift lotteries it might end to the question of the repeal of the resolution, and therefore it was suggested to the lady managers that they ought to be careful not to grant the use of the building except for the purpose mentioned in the resolution. It is quite possible that the parties interfered with in the occupation of the hall were interfered with because they had not the authority of the lad mana ers. I desire to say this much, alt ough I have no knowledge of the circumstances of this particular case.
Mr. DELANO. That all may be. This resolution proposes no censure, but simply to refer to
The SPEAKER of the House and resi dent of the Senate the power to grant the use of this building for the purposes referred to in the resolution on all suitable and proper occasions. It seems to me eminently proper the resolution should pass, so that if persons desire to hold a meeting there
The SPEAKER of this House or the President of the Senate, if it be deemed proper, can give them the use of the building for that purpose.
Mr. BANKS. There is no objection to that.
Mr. ELDRIDGE. Does not the resolution in fact reflect upon the mayor? Is there any charge a inst him 'I
Mr. D ‘LANO. I do not think there is any improper reflection on the mayor, or any reflection at all.
Mr. SCHENCK. I would inquire if this resolution is based upon what is understood to be the facts, and whether my colleague is in formed as to that meeting being in any way riotous or disorderly, so as to justify the proceedin against it.
Mr. ELANO. On the contrary, I understand it was the reverse, that it was in every way quiet and orderly.
Mr. SCHENCK. Does my colleague understand on what pretense the mayor inter' fered?
Mr. DELANO. what given I do nbtknow distinctly on retense, whether it was for the reasons y the Gentfrom Massachusetts [Mr. BANKS] or on account of objectionsto the purpose of the meeting. but I wish to remove all those reasons and confer upon The SPEAKER of the House and President oft e Senate power to grant the use of the building on all proper occasions.
Mr. WRIGHT. I rise to a question of order. We have already parted with all control of the rogerty and 'ven it to the managers of the soldiers’ and sailors’ Orphan Home. We are functus officio, the power has gone from us, and any proposition of this kind would be unjust to that institution an imputation upon their honor and integrity.
The SPEAKER. The point of order is a speech to some extent. TOChair overrules it on the ground that the HoRep, the Senate concurring, has a right to modify the grant it has made, and this is a modification.
Skip Skip The previous question was 2nded and the main question ordered. Mr. BERGEN moved (at 12 o’clock) that the House adjourn. The motion was disagreed to. The question was taken on the resolution; and it was a eed to. Mr. DEL NO mtRtv the resolution was adopted; on the table. agreed to. COLLECTORS OF CUSTOMS.
Mr. HOOPER, of Massachusetts, from the committee of conference in relation to the bill to fix the compensation of certain collectors of customs, submitted the following report: The committee of conferenceon the disagreeing votesof the 2 Houseson Senatebill NO. 400.to fix the compensation of certain collectorsof customs and for other purposes, recommendthat the Senate recedefrom their disagreementto the amendments of the House and agreeto the same.with an amendment. As follows: Strike out, including the words inserted by the House, all after the words "deputy collector, ” in line nine. page 2 of the bill. down to and including the word ‘customs. "in the 14th line, same page and insert in lieu there of the following: t the ports of NewYork. Boston, Philadelphia. Baltimore. NewOrleans. Portland and SanFrancisco and to eachof the generalup iriiisers of local customsat Boston. Philadelphia. nltimorc. NewOrleans.Portland and SanFrancisco. $3.00oper an num. To eachof the den ynaval oliicers and the dehpiau, ty surveyorsat New 'ork, Boston. Philadel Baltimore. NewOrleans, Portland and SanFranciseo, 82.500;and to eachof the customhouse weighersut the portsofNewYork. Boston, Philadel 3111 Baltimore. NewOrleans. Portland, and SanFrancisco.$2.00oper annum.out of the appropriation for expensesof collectinitthercvehue from cus toms: Prooitled, That the additional compensation of 25%.as now provide by law shall hecontinuedto officersas aforesaid, nt the port of SanFrancisco; and the house agreeto the same. ET.IMDO. MTOHRYGAN. WILLIAM O. HOWE. T. WILLEY. Manager: on the part of the SAMUEL HOOPER. JOHN L. THOMAS 01.15am w. soori’ELi). Manager 0onthe part of the house.
Skip Skip The report of the committee of conference was agreed to.Mr. HOOPER, of Massachusetts, mtRtv the report was agreed to; upon the table. agreed to. CLERK to SERGEANT AT ARMB.
Mr. ROLLINS, from the Committee of Ae counts, reported back the following resolution; which was read, considered, and agreed to: Resolved.That the temporaryclerk in the officeof the Somewhat Arms be placed upon the roll asa regular clerk in that officeat the compensation now received.
Mr. ROLLINS mtRtv the resolution was agreed to; on the table. agreed to. JOHN RIDGWAY. 'On motion of Mr. ROSS, by unanimous consent, the ComNavAffrs was discharged from the further consideration of the memorial of John Ridgway, and the same was laid on the table. “'YANDOTTE INDIANS.
Mr. PRICE. I ask leave to discharge the ComWhole from the further consideration of Senate bill No. 353, for the relief of the trustees and stewards of the Mission church of the Wy and otte Indians.
Mr. PRICE. I move to sns end the rules for the purpose of considering t iis bill. The motion was agreed to; 2/3rds voting in the affirmative. The bill was read. It refunds to the trustees and stewards of the Wyaridotte and Quindare Mission Methodist Episcopal church, for the destruction of their building, $4,080, to be applied to rebuilding the said building and inclosing the rave and.
Mr. PRICE. I emand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was ordered to be read a 3rd time; and it was accordingly read the 3rd time and passed. Mr. PRICE mtRtv the JtResolution was passed; an also moved that the maion to reconsider be laid upon the table. agreed to. RIGHTS OF THE PEOPLE IN THE DISTRICT.
Mr. LAWRENCE, of Ohio, by unanimous consent, offered the follmving resolution; which was read, considered, and agreed to: Resolved, That the ComJudiciary be instructed to report, assoon as practicahle. whether the rights of the people peaeeally to assemble and consultfor their own goodhas been interfered ith in the city ot Washington and if so. by whom. ad what legislationis necessaryto protectthe people in the enjoymentof all their rights, including the right to discuss the condition of Ircland and the duties of American citizens in relation thereto. CLERK OF THE SUPREME COURT.
Mr. WILSON, of Iowa. I ask leave to report from the Committee on the Senate bill No. 43, to prescribe the Jmudoidcieary 0 settling the accounts of the clerk of the supreme court of the DistCol.
Skip Skip No objection being made, the bill was taken up and considered, ordered to be read a 3rd time, and was accordingly read the 3rd time, and passed. Mr. WILSON, ofIowa, mtRtv the bill was passed; on the table. agreed to. COMMUTATION of DRAFTED MEN.
Mr. SCHENCK. Yesterday there was a report made by ni colleague on the ComMilAffrrs [Mr. ANCONA] in relation to the repayment in certain cases of commutation money to those from whom it had been improperly taken. I am sure that the House did not understand it when they made objection which sent it to the ComWhole. The ComMilAffr investigated the matter thoroughly, corresponded with the War Dept and had the papers before them, and they found that there were some few cases, not exceeding alto gether 30 or 40 in the whole U.S., that came within the provisions of this bill, and these were drafts that took place underthe same form, but more than once within the year, and yet commutation was paid. There are a dozen cases or more, perhaps, in the district represented by the Gentfrom Pennsylvania, [Mr. Koos'rz.] There are more cases in 2 or 3 districts in Pennsylvania than in all the rest of the country an it would not take a large sum to pay back all this money admit ted to have been wrongfully paid over to the U.S. I speak advisedly, for the committee had the facts all before them. with full reports and explanations from the Provost Mar shal Generafs office. I move, therefore, to discharge the ComWhole on the state of the Union from the further consideration of the bill, that it may be considered in the House at the present time.
Mr. VARD. IfI can be permitted to move the reference of the bill to the ComClaims, I will not object.
Mr. SCHENCK. have no objection to the gentleman’s making the motion, but I hope it will not prevail. There being no objection, the ComWhole on the state of the Union was discharged from the further consideration of the bill.
The SPEAKER. The Chair is justinformed by the clerks that the bill, having been ordered to be printed, is now in the Government Print in office.
Mr. SCHENCK. I move, then, that the further consideration of the bill be postponed till tomorrow immediately after the reading of the Journal. The motion wasagreed to. ASSASSINATION of PRESIDENT LINCOLN.
Mr. BOUTWELL. I move that the rules be suspended, and that the House now ro ceed to the consideration of the resolutions reported by the ComJudiciary relative to the complicity of JeffersonDavis in the assassination of President Lincoln.
The SPEAKER. The clerks state that the resolutions, with the report of the committee, are at the Government printing Office.
Mr. BOUTWELL. Then I must withdraw my motion. 0. C. Bssron AND 0. w. M’Conn.
Mr. HOGAN. I ask unanimous consent to introduce the following JtResolution: chBuemi, t4rle.s, oTlhvaetdtI) tohSeeScurnentaisraynedfthHeomNaevoyfbIte irreescetnodt to organize a board of not lessthan 3 persons, whoseduty it shall beto inquire into and determine hSohwilomh, ubeuhiltthe vessels of warand steammachinery byGeorgeC.Bestor and Etlah. built by CharlesW.McLord. at St.Louis, MISSOUI‘Iin, theyears 1863, 1864 and 1865, cost the contractors over and show: the contract price, and allowancesfor extra Work: and report thesame to the Houseat its next session.
Mr. RICE, of Maine. lar order. The House, agreeably to order, proceeded to thfilconsideration of business on the Speaker’s ta e. DISTRICT COURT AT ERIE, PENNSYLVANIA. The 1st business on The SPEAKER‘s table was Senate amendment to the bill (H.R.No. 62) entitled “An act directing a district court to be held at the city of Erie, in the State of Pennsylvanin.” The amendment of the Senate was read, as follows: Strikeout alter the word“ thereof, ”in line 14, e following: And that, in addition to the compensationallowed by law to the saidJudge, he shall be paid the sumof $300for his additional expensesand services.
Skip Skip The amendment was concurred in. Mr. SCOFIELD mtRtv the amendment was concurred in; on the table. agreed to. ADMISSION OF NEBRASKA. The next business on
The SPEAKER’s table was the bill (S.No.447) entitled “ An act for the admission of the State of Nebraska into the Union;" which was read a 1st and 2nd time.
Mr. RICE, of Maine. I wish to enter a motion to refer this bill, and I ask that it be reported in full. The bill was read at length. It provides in the 1st section, that the constitution and State government which the people of Nebraska have formed for themselves be accepted, ratified, and confirmed, and that the said State of Nebraska be declared to be one of the U.S.A., and be admitted into the Union upon an equal footing with the original States in all respects whatsoever. The 2nd I insist on the regu section declares that the State of Nebraska shall be entitled to all the rights, privileges, grants, and immunities, and be subject to all the conditions and restrictions of an not providing for the admission of the State, approved April 19, 804.
Mr. STEVENS. I desire to ask the gentleman a question. When did the people of Nebraska form their constitution?
Mr. STEVENS. That was long afterwe had decided the question about suffrage.
Mr. RICE, of Maine. I regret exceedingly that the people of Nebraska have not advanced to the position that they will not discriminate against any people on account of race or color. But I believe that, in consideration of the condition of the Territory at the present time; in consideration of the fact that it at presentstands greatly in need of suitable public buildings for the purposes of government; in view of the fact that the last Congress refused to do in this respect for the Territory whatl think justice required, I believe that we should now admit the Territory into the Union. Sir, I believe in the policy of admitting new States as fast as they can be properly formed, and as soon as the peeple are in a condition to govern themselves.
Mr. BROMWELL. I desire to ask the gentleman whether the U.S. has ever suffered any injury from the admission of afterritory too soon, or whether that is likely ever to occur.
Mr. RICE, of Maine. I think that injury may come to the people of a Territory by not permitting them to come into the Union at the proper time. I believe that when we deny to the people of a Territorythe means of enforcing its laws and protecting its citizens we ought to concede to them a State government, so that they may have the means of doing this for themselves. I now yield to the Gentfrom Pennsylvania, Mr. KELLEYJ
Mr. KELLE Will the gentleman yield to allow me to offer an amendment?
Mr. RICE, of Maine. I will hear the amendment read.
Mr. KELLEY. I ask the Clerk to read the amendment I send to his desk, and which I desire to offer to this bill.
The Clerk read as follows: Strike out all after the enacting clause and insert the following: That the maple of Nebraska having formed for themselvesa Stategovernment.which.exceptin the fact that it excludes a portion of the citizensfromthe enjoymentof politic rights on accountof race or color, is repubican in form, it shall be the duty of the POTUS, on the receiptof due proof that the peopleof Nebraska have so modified their State constitutionas to admit all the male citizens thereof over 21 carsof age, except Indians untaxed and unnaturalized foreigners, to equalrightsof suffraget, o issuehis proclamation declaring that such State of Nebraskashall be thence sfourbwjeacrtd entitled to all the rights and immunities, and to all the conditions and restrictionsof an act to enablethe peopleof Nebraska to form a constitution of Stategovernment and for the admission of said Stateinto the union on an equal footing with the original States, approvedApril 9, 1864.
Mr. RICE, of Maine. I must decline to with draw my motion to recommit to receive this amendment.
Mr. KELLEY. Permit me to makearemai k or two. I propOsed to offer this amendment in order that the constitution of Nebraska might be brought into harmony with the established policy of this Congress. We are now at the close of the session. I would suggest that if this bill be referred to the ComTerritor or to the ComJudiciary the people of Nebraska can come here at the next session with a constitution in harmony with the policy of this Congress in regard to the Territories, in harmony with the sublime doctrine to which this congress has committed itself, that all men, not being aliens or Indians untaxed in the Territories, shall enjoy equal political rights and can then be admitted as a State. ’0 harm can come to the people of Nebraska if they are not admitted for the next 4 months; no great advantages can accrue from havin them admitted now. And if the gentleman rom Maine [IML RICE] will permit no amendment, and will consent to no motion to refer, I hope the bill will be voted down.
Mr. RICE, of Maine. I believe if I should entertain the motion of the Gentfrom Pennsylvania [Mr. KELLEY] it would he the means of killing this bill. I must therefore decline to withdraw the motion to recommit for that purpose. But I now withdraw the motion to recommit and call the previous question.
Skip Skip Mr. BERGEN called for tellers upon 2nding the call for the previous question. Tellers were ordered; and Mr. BERGEN, and Mr. Rios of Maine, were appointed. The House divided; and the tellers reported ayes 69, noes 51. So the call for The previous question was 2nded. Mr. KELLEY. I call for the yeas&nays upon ordering the main question. The yeas and nnys were ordered. The question was taken; and it was decided in the affirmative yeas 62, nays 52, not voting 72; So the main question was ordered. Mr. FARQUHAR. I desire to state that Mr. TROWBMDGE is compelled to be absent from the Hall in the discharge of his duties upon the ComEnrollBill. The bill was then read a 3rd time. Mr. RICE, of Maine. I call the previous question on the passage of the bill. The previous question was 2nded and the main question ordered. Mr. STEVENS. I move to lay the bill on the table. The motion to lay the bill on the table was not agreed to. The question recurred upon the passage of the bill. Mr. STEVENS. Upon that question I ask for the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the utfirmative yeas 62, noys 62, not voting 72;. So the bill was passed. Mr. RICE, of Maine, mtRtv the bill was passed; on the table. agreed to. WARD B. BURNETT. The next business on the
The Clerk read Speaker’s table was the bill (S.No.418) entitle “An act for the relief of Ward B. Burnett;” which was read a 1st and 2nd time. The bill provides that there be paid to Word B. Burnett $540, being the balance of a pension to which he was entitled, at the rate of 15 dollars permonth. from March 4, 1868, to March 4, 1866, and which was improperly retained from him.
Mr. TAYLOR, of NewYork. I move that this bill be referred to the ComInvalidPens. The motion was agreed to. ‘
Mr. ELDRIDGE mtRtv the bill was referred; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, annouifced that the Senate had agreed to the report of the committee of conference on the disagreeing votes of the 2 Houses on the bill (S.No.400) to fix the compensation of certain collectors of the customs, and for other purposes. ARMY OF THE U.S.
Mr. SCHENCK. I repose to move that this JtResolution be laid on the table. I will merely state that it is the means adopted by the Senate to ef around refusing to agree to a bill which won d favor the volunteers. This is designed to make provision for the gentlemen already in office, and it affirms a vast amount of legislation for their benefit. I do not propose to discuss the matter at all. another committee of conference has been apr pointed, and, I understand, has agreed upon an Army bill. This is to avoid the enactment of an Army bill, which, I think, the Senate really does not want, unless it happen to be of a kind that suits it and is not agreeable to the wishes of the House. Before making the motion to lay this JtResolution on the table, I will yield to my colleague, [Mr. GARFIELD.]
Mr. SCHENCK. I demand the previous question.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion to lay on the table was agreed to. Mr. SCHENCK mtRtv taken‘ upon the table. agreed to. NAVIGATION OP NEWARK BAY, ETE.
Mr. WRIGHT. I ask unanimous consent to submit the following resolution: Resolved, That the SecyNavy be re uestedto appoint a suitable officer, whoseduty it shall be to proceed to Newark. in the state of NewJersey, andexamine into the condition of the navigation of hewark bay and the navigation of the mouths of the Possumand Haekensack rivers and whether the same needs improvement and report the result of such examinationto this House onthe 1st Monday in Decembernext.
Mr. WRIGHT. I move to suspend the rules. The rules were suspended, an the resolution was accordingly received.
Skip Skip The House divided on the adoption of the resolution; and there were ayes 46, noes 46. The SPEAKER voted in the affirmative. So the resolution was adopted. Mr. WRIGHT mtRtv the resolution was adopted; on the table. agreed to. CLERK TO COMCOMMERCE, ETE.
Mr. BROOMALL. I ask unanimous consent to introduce the following resolution: Resolved, That the compensation of the clerk of the ComCommercebe fixed at the same rate asthat of the clerk of the comPubLands, to commenceon the 1st day of the present session of Congress.December4, 1865.
Mr. WILSON, of Iowa. I object, unless it makes the compensation of the clerk to the ComJudiciary the same.
Mr. BROOMALL. I have no objection to the amendment being considered as having been offered. I now demand the previous question.
Mr. ROSS moved that the resolution, as amended, be laid upon the table.
Skip Skip The House divided; and there were ayes 62, noes 20.
Mr. BROOMALL demanded tellers. Tellers were ordered; and Mr. BROOMALL and Mr. Ross were apointed. The House again divided; and the tellers reported ayes 64, noes 34. So the resolution was laid upon the table. MECHANICAL nsrsnusmtsx'rs.
Mr. BANKS. I ask unanimous consent to introduce a JtResolution concerning the superintendence of the mechanical establish ments of the U.S.
Mr. ANCONA. I suggestt ere will be no objection if the JtResolution be referred to the ComMilAffrs. It is an old question and is entitled to serious consideration.
Mr. BANKS. I withdraw my motion and move that the JtResolution be referred to the ComMilAffrs.
Skip Skip The Jtresolution was received, read a 1st on 2nd time, and referred to the ComMilAffr. Mr. WILSON, of Iowa, mtRtv the resolution was referred; upon the table. agreed to.
Mr. HIGBY (at one o’clock and 30 ‘ 5 minutes a.m.) moved that the House adjourn.
The SPEAKER. If the House should adj ourn without acting upon the reports of the committees of conference on the Army bill and the civil appropriation bills, those bills will probably be lost.
Mr. KASSON. Allow me to say that we have already agreed upon a report from one of the conference committees; it is now being acted upon in the Senate, and will probably be here in 5 minutes.
Mr. LAWRENCE, of Ohio. If we adjourn to meet at ten o'clock will that enable us to finish the business?
The SPEAKER. If anyone of the conference reports should be voted down there would hardly be time for another before the time fixed for final adjournment. WYANDOTTE INDIANS.
Mr. ROSS. I move that the ComWhole be discharged from the further consideration of Senate bill No. 432, for the relief of the whandotte tribe oflndians.
Mr. ROSS. I move to suspend the rules. The motion was disagreed to, 2/3rds not voting in the atfirmative. COLUMBIA RIVER AND SALT LAKE RAILROAD.
Mr. LAWRENCE, of Ohio. There is a bill pendin in the House (House bill No. 679) to aid in the construction of a railroad and tele aph line from the Columbia river to Salt Tirake. The member from Oregon [Mr. HEN nsnsos] made a mtRtv it was recommitted. I now call up that motion on his behalf.
The SPEAKER. This bill was fecemmitted on the 19th of June to the ComPacificRR, and a motion to reconsider was entered by the Gentfrom Oregon [Mr. Hsxnnusoiv] the next day. Any gentleman can call it up.
Mr. LAWRENCE, of Ohio. The Gentfrom Oregon requested me to take charge of the bill and ask the attention of the House to it at the earliest practicable moment. I move that the rule be suspended which requires the hill to be read.
The SPEAKER. It is rather a novel motion, and yet that rule can be suspended by a 2 thir s vote.
Skip Skip The question being taken on the motion to suspen the rule, there were ayes 69 noes 30. L Mr. HOOPER, of massachusetts. Idemand tellers. Tellers were refused. So the rule was suspended.Mr. WILSON, of owa. on the table. The motion was agreed to ayes 70, noes 25. CLERK IN THE FOLDING ROOM.
Mr. WINFIELD. I ask unanimous consent to offer the following resolution:
Mr. WINFIELD. I move to suspend the rules for the purpose of offering the following: Resolved That the compensation of T. M. Kel clerk in the folding room be made equal to that of the book keeperin the folding room, to commencewith the present Congress, until otherwise ordered.
Mr. SCHENCK. Ifthe rules are suspended will the gentleman permit me to offer the following? Reloleed, That the pagesof this House be put on the sumofooting usto compensationas membersof the Cabinet. Laughter.] the motion to suspend the rules was not agreed to, 2/3rds not voting in the affirmative. STEAMER KEARSARGE.
Mr. RICE, of Maine, from the ComNavAffrs, asked unanimous consent to consider a bill to compensate the officers and crew of the U.S. steamer Kcarsarge for the destruction of the rebel piratical vessel Alabama.
Mr. RICE, of Maine. I move to suspend the rules. The motion was disagreed to; 2/3rds not voting in the affirmative. MINERAL WATERS IN DISTCOL.
Mr. McCULLOUGH, from the ComDistCol, moved to suspend the rules for the purpose of taking up senate bill No. 265, to protect the manufacture of mineral waters in the DistCol, and for other purposes.
Mr. DRIGGS. That is to protect a trade mark, and I hope it will pass.
Skip Skip The motion to suspen the rules was disagreed to ayes 46, noes 4.9. sounmns’ moons 'rsx.
Mr. ANCONA. I ask unanimous consent to report from the ComMilAffrs, House Jtresolution No. 155, to prevent the for or enforcement of the JtResolution No. 77, approved July 4, 1864 against officers and soldiers of the U.S., who have been honorably discharged, so as to relieve them from the further payment of a special 5%. income tax imposed thereby. No objection being made the bill was taken up and read.
Skip Skip Mr. ANCONA. question. The previous question was 2nded and the main question ordered; and under the operation thereof the JtResolution was or cred to be engrossed and read a 3rd time; and bein engrossed, it was accordingly read the thir time and passed. Mr. ANCONA mtRtv the JtResolution was passed; on the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonssr, its Secretary, announced to the House that the Senate had agreed to the report of the committee of conference on the disa eeing votes of the 2 Houses on House hill 0. 791, to supply deficiencies in the appropriations for the service of the fiscal year ending June 30, 1866, and for other purposes. ENROLLED BILLS AND RESOLUTIONS SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and ound trul enrolled bills and JtResolutions of the ollowing titles; when the Speaker signed the same: An act (; R. No. 780) to protect the revenue, and for other purposes; An act (H.R.No. 667) to prevent oliicers of the Navy from being deprived of their regular promotion on account of wounds received in battle, and for other purposes; A Jtresolution (. R. No. 150) to provide tier the payment of the claim of Colonel H. C. De Ahna for military service; An act (H.R.No. 82) to extend the juris diction of commissioners of the circuit court of the U.S.; A JtResolution (H.R.No. 200) authorizing the SecyWar to settle with the Territory of Colorado for the militia of said Territory employed in the service of the U.S. in the years 1864 and 1866; A JtResolution (H.R.No. 194) authorizing the SecyInterior to pay Charles M. Pott a pension of 15 do are permonth; I demand the previous A Jtresolution (H.R.No. 199) for the reliedof certain Chippewa, Ottawa, and Potta watomie Indians; An not (H.R.No. 792 to authorize the SecyWar to furnis transportation to discharged soldiers to whom artificial limbs are furnished by the Government; A JtResolution (H.R.No. 203) authorizing the SecyWar to contract with Dr. Alexander Dunbar; An act (H.R.No. 794) for the relief of Francis Colgen; An act(. R. No. 797) granting a pension to Daniel Lucas; An act (AH.R.No. 798) for the relief of Quincy A. a Iy; An act (H.R.No. 800) for the relief of Marion M. Buxton; A JtResolution (H.R.No. 195) to extend the provisions of the act of July 4, 1864, lim iting the jurisdiction of the Court of Claims, to loyal citizens of Tennessee; and AJtResolution SH.R.No. 204) to reim burse Mrs. Mary Phe ps, of Missouri. DEFICIENCY BILL.
Mr. EASSON, from the committee of conference on the disagreeing votes of the 2 Houses on the deficiency bill, submitted the followmg report: The committee of conferenceon the disagreeing votes of the 2 Houses on the amendmentsto the bill H.R.No. 791) be iuagn act to supply deficiencies in th c appropriations for theserviceof the fiscal iyfeiirending unc 30.1866 and for other purposes avinizmet.afterfull and free conference haveugrced to recommend.anddorecommend.totheir respective Houses as follows: hat the HoReprccede from their disagreement to the amendmentsof the Senate nthuimrtyb.earend dSaixg.reeiegthott.heelesvoemn.e 20, 21 and That the [Senate recede from their amendments numbered 16 and 26. That the House recedo from their disagreementto the amendment of the Senatenumbered 17 and agreeto the somewith amendmentsas follows: insert in the 2nd line of said amendment after the word "expenses" the word “actually;" and in the 6th and7th linesof said amendment strike out the words" 25” and insertin lieu there of the word “ten.” That the houserecedefrom their disagreement to the 27 thamendmentof the Senate and agree to the same with an amendmentasfollows: strike out all after the word “ dollars" in line 4 to the endof the section. That the Senaterccedefrom their disagreement to the amendmentof the House to the amendmentof the Senate numbered28 and agreeto the some. '. J. P. “T TDEN B. iitmnsiisoN’. C. R. BUCKALEW. Manager:onthepart of the Senate. IJIO.HJ.NRAAY. MKAOSNSDO, N. S. J. RANDALL. lilanaaerson the part of the House.
Mr. WENTWORTH. I would like to inquire whether there is in this report anything which increases our own pay or withholds bounties from the soldiers.
Mr. KASSON. No, sir; it has no relation to either of those subjects. The only 2 important items, so far as I remember, were 2 amendments of the Senate, disagreed to by the House, one appropriating $40,000 in satisfaction of old war claims in Oregon; the other a propi iatin some 23,000 do lars for the pay of the marshals and other persons engagedin taking the census in the southern States, the accounts for which have been adjusted, and which the Senate proposed should be paid so far as the claimants might show themselves to be loyal. The House having disagreed to both these amendments, the Senate has receded. I know of no other important amendment.
Skip Skip Thereport of the committee of conference was agreed to. Mr. KASSON mtRtv the report of the committee was agreed to on the table. agreed to. COLORED SCHOOLSIN THE DISTRICT.
Mr. INGERSOLL. I move that the House proceed to the consideration of the bill (S.No.7) entitled “ An act donating certain lots in the city of Washington for schools for colored children in the DistCol.” There being no objection. the bill was taken from
The SPEAKER’s table and read a 1st and 2nd time. It proposes to authorize and require the ComrPubBldg to grant and convey to the trustees of colored schools for the cities of Washington and George town, in the DistCol, for the sole use of the colored children in the District, all the right title, and interest of the U.S. in and to lots numbered one, two, and 18, in square 980 5, in the city of Washington, the lots having been designated and set apart by the SecyInterior to be used for colored schools. Whenever the lots shall be converted to other uses they are to revert to the U.S.
Mr. RADFORD. What is the size of these I ots?
Mr. INGERSOLL. They are ordinary sized lots.
Skip Skip The bill was ordered to a 3rd reading, read the 3rd time and passed. Mr. INGERSOLL mtRtv the bill was passed; on the table. agreed to. PAUL S. FORBES.
Mr. KELLEY. I ask unanimous consent to report back from the ComNavAffrs, for consideration at the present time, JtResolution (S.R.No. 99) for the relief of Paul S. Forbes under his contract with the Navy Dept for building and furnishing the steam screw sloop of war Idaho.
Mr. KELLEY. I move to suspend the rules that I may report the bill. The motion was not agreed to. ELECTION OF INTERNALREVENUE OFFICERS.
Mr. BROOMALL. I ask unanimous consent to submit the following resolution: Resolved.That the ComJudiciary be instructedto inquire into the expediencyof reporting an amendent to the Constitution of the U.S.permiting Congres to provide by law for the election of assessorsand collectorsof internalrevenue by the people.
Mr. BINGHAM, Mr. STROUSE, and others objected.
Mr. BROOMALL. I move to suspend the rules to allow the introduction of the resolution. The motion was not agreed to. SOLDIERS OF THE WAR. OF 1312.
Mr. PERHAM. I ask unanimous consent of the House to report back from the ComInvalidPens the bill introduced by myself in reference to the soldiers of the war of 1812.
Mr. PERHAM. I move to suspend the rules.
Mr. INGERSOLL. I deman the yeas&nays. The yeas&nays were not ordered. The House refused to suspend the rules. APPOINTMENT OF CABINET MINISTERS.
Mr. JOHNSON. I ask unanimous consent of the House to submit the following preamble and resolution: Whereas the Constitution of the U.S. makes it the sworn glut of the President to take carethatthelawsbefaith ully executed; and whereas this dutycannot begcrfermed by him in person. but by officersappomte for that purposenforthe faithful performanceof whose duties 0 isJustly responsible: Therefore. Resolved That it is the rightpf the President as the chief Executive of the nation. to have for his Cabinet ministers such persops only as mny command his confidence;and that it is also equally his right to committhe execution of the laws to such persons under him ashe may deem ine stsuitableund etheient for the performanceof their respectiveduties.
Mr. WILSON, of owa. Is the word cotton in the resolution ‘I
Mr. JOHNSON. No; or wool either. I move to suspend the rules in order that I may introduce the proposition.
Skip Skip The House divided; and there were ayes 30, noes not counted. 80 (2/3rds not voting in the atfirmative) the rules were not suspended. MISS CLARA BARTON.
Mr. WARD. I ask unanimous consent of the House to introduce the following resolution: Resolved by the Senate and HoRep oenn in Congress assembled That the franking privilege be conferred upon Miss Clara Barton. for the period of pm} yearsfrom the dateof the passageof this ream ution.
Mr. WARD. I move to suspend the rules. The rules were not suspended. FIREMAN.
Mr. WRIGHT. I have a resolution I desire to offer. While almost all of the employees of this Capitol have had their compensation increased, growing out of the changed condition of affairs in the country, the fireman under the old Hall of the HoRep has been left out in the cold. [Laughten] I ask that we shall warm him as well as the others; and I hope there will be no objection to the following resolution: Resolved, That the fireman employed under theold Hall of the hoRepshall be entitled to the some increase of pay that hasbeenallowed to the other employeesof t isHouse.
Mr. MAYNARD. Is he paid out of the contingent fund?
The SPEAKER. The Chair supposes he will be paid if there is contingent fun enough. There was no objection.
Mr. ROSS. I move to amend by adding the following: That all increaseof compensation allowed to the employees of the House during this session of congressbe and the same is hereby.rescinded.
The SPEAKER. That is not germane to the pendin resolution.
Skip Skip Mr. WRIGHT demanded the previous question. Mr. ROSS moved that the resolution be laid upon the table. The House divided; and there were ayes 41. noes 40; no quorum voting. The SPEAKER, under the rules, ordered tellers; and appointed Mr. Wsion'r and Mr. Ross.
Mr. JOHNSON. I move that the tellers be allowed to employ clerks, for neither one of them can count a 100. [Great laughter.] The House again divided; and the tellers reported ayes 105, noes 65. [Laughter.]Mr. ELDRIDGE. Is that a uorum?
The SPEAKER. The Chair is of the opinion that it is a quorum. So the resolution was laid upon the table. TAX 0N BANK CIRCULATION.
Mr. STEVENS. I ask unanimous consent to introduce a JtResolution that the tax imposed upon notes of State banks or State banking institutions, by the not entitled “An act to amend an act to provide internalreve nue, ” approved March 3, 1865, shall be suspended for one ear.
Mr. WILSON, of Iowa. I object. MORNING HOUR.
Mr. BENJAMIN. Has the morning hour commenced.
The SPEAKER. It has, and reports are now in order of a private nature, commencing with the ComPatents. BERRY AND HIGGINS.
Mr. RICE, from the ComPubBldg and Grounds, reported back Ho use bill No. 108, for the relief of Berry& Higgins, with a recommendation that it do pass.
Mr. LAWRENCE, of Ohio. I move that it be referred to the ComClaims.
Mr. RICE, of Maine. It has been already thorouglilyinvestiated. It relates to the construction of the patent Office building, and refers the whole subject for adjustment to the SecyInterior. The facts are that after the contract was made a portieo was added to the former plan, so that it became much more expensive. And these gentlemen, in consequence of the failure in 1861 of the appropriation to continue the work on this building, were subjected to a very great expense afterward in reopening the quarries that iad become filled up and replacing machinery thih had become injured or destroyed.
Mr. WILSON, of Iowa. What is the amount of the claim?
Mr. RICE, of Maine. I cannot tell; but the whole matter is referred to the SecyInterior. I ask the Clerk to read a letter from
Mr. Walter, the architect of the building.
Mr. RICE, of Maine. I also have a letter here from the former SecyInterior, Mr. Usher, in which he concurs fully in the facts stated here, that a new contract was in fact entered into by which they were to have fair compensation allowed them for these additional services; and the present architect of the public buildings, Mr. Clark, concurs in the same Opinion. This whole matter is to be left to the SecyInterior for adjustment. I understand the present SecyInterior has resigned; do not know who may be the next SecyInterior. But with Mr. Harlan I should certainly have felt the fullest confidence that the whole matter would have been adjusted on principles of right and equity.
Mr. PRICE. I woMdmquueifthm mu provides for an examination merely, or for settlement and payment of the claim.
Mr. RICE, of 3 nine. For a settlement by the SecyInterior.
Mr. PRICE. I wish to amend by making it that the SecyInterior shall examine and report to Congress at its next session.
Mr. DELANO. I desire to know of the gentlemen from Maine
Mr. RICE] whether e himself has examine this question, and whether from that examination he is prepared to recommend the passage of this JtResolution.
Mr. RICE, of Maine. The committee of which I am a member have carefully examined the matter, and unanimously recommend the passage of this JtResolution. In addition to the quarries becoming filled with water, and the engines and railways becoming decayed, there was held back by the contract some 12,000 dollars as security. Therefore' they feltthat they could not abandon their contract, as they would have liked to do in consequence of the increase of the labor. The former SecyInterior made a new contract for the marble work for the Capitol extension, without any direct authority of law, for an amount very much larger than it is proposed to a to these gentlemen.
Mr. RICE. I must object to this Jtresolution because it opens the door without any kind of restriction; and when we come back here at the next session.we may discover that many 1000s of dollars have been paid out for which no person is responsible.
Mr. WILS N, of Iowa. As the Gentfrom Maine [Mr. RICE] states that the committee of which he is the chairman have thor oughly investigated this matter, I would ask him how much these persons claim of the government.
Mr. RICE, of Maine. We cannot tell, for the work is still goinv on.
Mr. WILSON, of own. Havethese parties never stated the aggregate amount of their claim?
Mr. RICE, of Maine. They have not, for it is impossible for them to state it.
Mr. WILSON, of Iowa. Is this increase of 60%. to run through the entire contract until the work is completed?
Mr. RICE, of Maine. That is to be left to the SecyInterior.
Mr. WILSON, of Iowa. I am not'willing to leave that to the SecyInterior or to any other officer of the Government. I prefer not to do They claim 60 per
Mr. DELANO. If the gentfrom Maine [Mr. RICE] will allow me, I will say that I am satisfied this claim needs a more thorough examination and a more mature deliberation than it is possible for this House to give it to night. I am sure, from what I have heard and know of the case, thatif we act upon it to night we will be doing injustice to the Government. And with the permission of the Gentfrom Maine I will move to refer this JtResolution to the ComWhole on the Private Calendar. I think it is due to ourselves that a question involvin so much money should have some examination. It is now nearly 3 o’clock in the morning, and we should not be called upon to vote for a claim which will take we do not know how much money out of the Treasury.
Mr. RICE, of Maine. I will yield to allow that motion to be made, although I think it is doing great injustice to these parties. And I do not see why a report from the ComPubBldg and Grounds should not be received with as much respect as reports from other committees.
Mr. PRICE. I do not desire to treat the committee with any disreSpect. But the chair man of the committee cannot state how much money this is to take, and therefore I am not now prepared to vote upon it.
Mr. DELANO. I now move that this JtResolution be referred to the ComWhole on the Private Calendar.
Skip Skip The motion was agreed to. Mr. DELANO mtRtv the JtResolution was referred; on the table. agreed to. HENRY DAVIS.
Mr. RICE, of Maine, from the Committee on ublic Buildings and Grounds, reported a bill for the relief of Henry S. Davis; which was read a 1st and 2nd time, referred to the ComWhole on the Private Cal endar, and ordered to be printed. PUBLISHING LAWS OF DAKOTA.
Mr. RICE, of Maine. I ask leave to re iort from the ComTerritor a bil to provide for the publication of the laws of dakota I'erritory.
Mr. CONKLING. Let the bill be read. The bill was read at length. It authorizes the SecyTerritory of Dakota to expend a sum of money not exceeding 88,000 out of the amount now on hand and saved out of the appropriations heretofore made for the support of the government in said Territory, for the purpose of publishing the laws enacted at the last session of the Legislature of the territory of Dakota.
Mr. BURLEIGH. Let me say a word of explanation. This bill does not ask for the appropriation of a dollar of the public money. The Legislature of Dakota passed a JtResolution asking to be allowed to expend a sum of money for this purpOse that has been saved out of moneys heretofore appropriated. A bill for this purpose was drawn up and referred to a committee, but the member of the committee who was at in charge of it went away and the bill could) not be found. I drew up another bill, which was referred to the ComTerritor, who acted favorably upon it; but a member of the committee has carried that bill away with him. I have now drawn up another bill, providing that the SecyTerritory may be allowed to expen'l a sum not exceeding $8,000, of money that has been saved out of appropriations heretofore made, for the purpose 0 publishing the new code, the NewYork code, which was adopted by the Legislature of Dakota last winter.
Mr. CONKLING. I have this suggestion to make to the Gentfrom Dakota, [Mr. BURLEIlGH:] we are constantly improving our code in NewYork, and it will be a great deal better and more valuable next winter than it is now.
Mr. BURLEIGH. But the Legislature has already adopted the code.
Mr. LAWRENCE, of Ohio. introduction of this bill. OREGON AND WASHINGTON WAR CLAIMS. On motion of Mr. DELANO, the ComClaims were discharged from the further consideration of the memorial of citizens of Washington Territoryin relation to Oregon and Washington Territory war claims. GEORGE w. LANE.
Mr. DELANO, from the ComClaims, reported a bill for the relief George W. Lane; which was read a 1st and' 2nd time, referred to the ComWhole on the Private Calendar, and, with the accompanying report, ordered to be printed. TIMOTHY LEYDEN.
Mr. DELANO, from the ComClaims, reported a bill for the relief of time thy Leyden; which was read a 1st and 2nd time, referred to the ComWhole on the Private Calendar, and ordered to be printed. I object to the JOHNSON A. DAWSON.
Mr. DELANO, from the ComClaims, also reported a bill for the relief of Johnson A. Dawson, of Mount Sterling, Kentucky; which was read a 1st and 2nd time, referred to the ComWhole on the Private Calendar, and ordered to be printed. EDWARD BLANCHARD.
Mr. DELANO, from the ComClaims, also reported a bill for the relief of Edward Blanchard; which was read a 1st and 2nd time, referred to the ComWhole on the Private Calendar, and ordered to be printed. HENRY RUDD.
Mr. DELANO, from the Committeeizf Claims, reported a bill for the relief of Henry Rudd, of enry county, Iowa; which was read a 1st and 2nd time.
Mr. RANDALL, of Pennsylvania. I make the point of order that this is an appropriation bill, and must go to the ComWhole. b{
The SPEAKER. This is an appropriation i.
Mr. DELANO. I hope my friendfrom Pennsylvania will withdraw that point. This is a very meritorious claim.
Mr. RANDALL, of Pennsylvania. I will waive the point for the present and permit the bill to be read. The bill was read. It provides that the SecyTreasury be authorized and directed to pay to Henry Rudd, of Henry county, Iowa, $0, 150, in full for all losses and compensation to him for horses purchased and delivered under a centract with the Government.
Mr. RANDALL, of Pennsylvania. I insist on my point of order. his is not the time to pass bills for the relief 0 contractors. The bill was referred to the ComWhole on the Private Calendar and ordered to be printed. NORMAN HALL.
Mr. DELANO, from the ComClaims, reported back the bill (H.R.No. 483) entitled “An act for the relief of Nor man Hall;” which was referred to the ComWhole on the Private Calendar and ordered to be printed. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the ComEnrollBill had examined and found truly enrolled bills of the following titles; when The SPEAKER signed the same: An act (S.No.43) to rescribe the mode of settling the accounts of the clerk of the supreme court of the DistCol; An act (S.No.353) for the relief of the trustees and stewards of the Mission church of the Wy and otte Indians; An act (S.No.447) for the admission of the State of Nebraska into the Union; and An act (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes. GOLDSMITH BROTHERS.
Mr. DELANO, from the ComClaims, reported a bill for the relief of Gold smith brothers; which was read a 1st and 2nd time, referred to the ComWhole on the Private Calendar, and, with the accompanying report, ordered to be printed. ABBY GREEN.
Mr. DELANO, from the ComClaims, reported back a JtResolution (S.R.No. 112) for the relief of Mrs. Abby Green; which was referred to the ComWhole on the Private Calendar, and ordered to be printed. PROPERTY FOR MILITARY PURPOSES.
Mr. DELANO, from the ComClaims, reported back a bill H.R.No. 666 entitled “ n act authorizing the Secretary 0 War to purchase certain property for military purposes;” which was referred to the ComWhole on the Private Calendar and, with the accompanying report, ordered to be printed. SENATE DEBATES, 1ST CONGRESS.
Mr. HAYES, from the ComLibrary, submitted an adverse report upon a resolution relative to purchasing copies of a proposed publication of debates in the 1st Senate of the U.S., from ajonrnal of William Maclay; which was laid on the t8 0. RAILROADS AND TELEGRAPHS IN KANSAS.
Mr. DRIGGS, from the ComPubLands, reported back the bill (S.No.820) entitled “An act to amend an not entitled ‘An act for a grant of lands to the State of Kansas, in alternate sections, to aid in the construction of certain railroads and telegraphs in said State, approved March 3, 1863'” which was ordered to be laid upon The SPEAKER’s table till the next session. U.S. FENCING, ETE., COMPANY.
Mr. COBB, from the ComDistCol, reported back, with an amendment in the form of a substitute, a bill (H.R.No. 735) entitled “An act to incorporate the U.S. Fencing, Ditching, Draining, and Land Reclaiming Company. The bill was read.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fousur its Secretary, announced that the Senate ha agreed to the report of the committee of conference on the disagreeing votes between the 2 Houses on the civil appropriation bill. CIVIL APPROPRIATION BILL.
Mr. STEVENS submitted the followmg privnleged report: The committee of conference on the disagreeing votes of the 2 Houseson the amendmentsto the dhrilyl (H.R.No. 737)making appropriations for sun civil expensesof the Government for the year endingJunoSO, 1867a, nd for other purposes.having mreecto.mafmteernfdu, ll and free conferencehayo agreedto and do recommend, to their respective Housesasfollows: Thnt the HoReprocedofrom their disagreementto the amendmentsof the Senate numbered6.7. 11.12, 13, 16, 19, 32, 33, 48, 49, and 55, and agreeto the same. That the Senate recedefrom their amendments numbsrazl 4, 14, 15.17, 24, 25, 34, 35, 37, 38, 39, 40.41, 42, an. hat the Senate agreeto the amendmentof the House to the 8th amendmentof the Senate. hat the Senate agree to the amendmentof the Housnto the 9th amendmentof the Senate. That the House recede from their amendmentto the 26th amendmentof the Senate, and agreeto the same. That the Senate agreeto the amendmentof the House to the thirtiet amendmentof the Senate. That the House recedefrom their amendmentto the 52nd amendmentof the Senate, and agree to the name. That the Houserccedefrom their dismecment to tothe53rd amendmentof the Senate, and agree to the same, with an amendment, asfollows: at the cudof said amendmentuddthofollowmg:“Andpro videdfurther, That the pay of
The SPEAKERshall be $8.00oper annum.“ That thellouso recedefromsomuch of the ir amendmentto the22nd amendmentof the Senate asproposesto strike out the words following: "fot the continuation of the work on the north portico01 the Patent officebuilding, $31,001:”nndalso recedo from FOm ch of their amendmentto the 20 6.04 0nd amen cut of the Senate as proposesto out as follows: on page 7, line cig t, from theswtroikra “for” down to and including the word “dollars” in line 14, with an amondmentasfollows: in said last clausestrike out the words“ 100 " and insert in lieu thereof the word " 50." and the Benate rec to the same, and also to so much of the amentmentof the House to the said 22nd amendmentas proposesto strike out all after the word "dollars." in line two. on page7, down to and including the word “necessary, ”in line 8 on the same on c. That t a Housereeeda from its amendmentto the Senate amendmentnumbered54, and me to the same, with an amendmentas follows: in ine after the Word "clerks, " insert “committee clerks ” in lin 3, after the words “messengers and " luscrt"n l:” in same line, after the word"ben lte. ’insert "and HoRep, and to the Globe and official remrtersof each Housmand the stenoarnpher of the house, and to the Capitol ulicc, and the 3 superintendentsof public gar ensand their clerks andJ0asllsistants.’ N SHERMAN. W. 1’.FESSENI)EN', ManagBeE"VERDY JOHNSON. an the par! of the Senate. TH. DDEUS STEVENS, ManagFe.ro:. LEBLOND. on the part of the house.
Mr. WILSON, of Iowa. It will be observed that my name is not attached to that report. Idcclined to sign it, and I wish briefly to assi the reasons whyI refused to do so. In the 1st place, the committee refused to agree to any equalization of the bounties of the soldiers; and in the 2nd place, it retained the provision in relation to the increase of the pay of Senators and members of the HoRep. I was opposed to retaining that provision and in favor of some arrangement by which the bounty question should be settled during this session of Congress. It was for this reason I refused to sign the report, and I hope that it will not be adopted.
Mr. STEVENS. I will be as brief as the Gentfrom Iowa. The committee found itself with a large bill embracing appropriations for many millions. It was found from the une uivocal declarations of Senators, as my friend will admit, that the Senate would not possibly agree to any bounty bill. In this the gentleman will hear me out.
Mr. WILSON, of Iowa. That was the position taken by the conference on the part of the Senate. I desire to test the sense of the House on the report, and that the House should declare some provision should be embodied for the equalization of bounties. ‘
Mr. STEVENS. They gave us distinctly to understand that had been tried over and over again in the Senate, and they feared if it were retained in the bill, the bill must fail. We did not think it was our duty to let the bill fail. Now, with regard to the other item. It was introduced by the Senate. It reduces the mile 0 from 40 cents to 20 cents a mile. Vie found upon calculation that the present bill slightly increases the aggregate amount. We believed that none of us were over aid, and that the loss to our constituents won (1 be ver small. I demand the previous question. 'lhe previous question was 2nd s.
Skip Skip The House divided on ordering the main question; and there were ayes 54, noes not counted. Mr. WILSON, of Iowa demanded teller s. Tellers were ordered; and Mr. WILSON, of Iowa, and Mr. S'rsvnss, were appointed. The House again divided; and the tellers reported ayes 27, noes 20. o the main question was ordered to be now put. Mr. WILSON, of Iowa, demanded the you&nays on the adoption of the report. The yeas&nays were ordered.
Skip Skip The question was taken; and it was decided in the ne ative yeas 14, nays 101, not voting 71; So the report was rejected. Mr. WENTWORTH mtRtv the House disagreed to the report of the conference committee' and also moved to lay the motion to reconsnler on the table. agreed to.
Mr. WILSON, of Iowa. Imove that the House do further ins1st upon its disagreement to the Senate’s amendments, and ask for another committee of conference.
Mr. ELDRIDGE. Is it not in order to move to lay the bill on the table?
Skip Skip Mr. ELDRIDGE. I move to lay it on the table; and on that I call the eas&nays. The yeas&nays were or ered. The question being taken, it was decided in the negative yeas 12, nays 96, not voting 68;. So the bill was not laid on the table.
Mr. FA RNSWORTH. I desire to offer some instructions to the committee.
Mr. FARNSWORTH. I move the following instructions: That the committeebe instructedto insist upon a provision which shall secure8100additional bounty to thosesoldierswho served during the 1st yearsof the warlong enoughto entitlethenrtothe $100bounty under the laws and orders then existing. good I will hear the
Mr. GARFIELD. Whilepl think that is very proper. I am sure the Senate would not enter into any conference if the committee of the House should go there trammeled by any instructions. There have been repeated refusals to go into a conference on the ground that it would not be a free conference where one of the parties was ham ered by instructions.
Mr. FARNSWO TH. During my recol lection this practice has prevailed to a consid eigable extent. I have known several instances 0 it.
The SPEAKER. The Senate made the point at the last Congress that it was not a free conference.
Mr. WILSON, of Iowa. I cannot yield to allow that.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the motion that the House insist and ask for another committee of conference was agreed to. Mr. WILSON. of Iowa, mtRtv taken; on the table. agreed to.
The SPEAKER appointed as the new committee of conference, essrs. WILSON of Iowa, BANKS, and NIBLACE. ARMY BILL.
Mr. ARQUHAR. I simply desire to ask the Gentfrom Illinois if there is any change in this bill in regard to the maximum number of coin anies.
Mr. ARNSWORTH. No, sir; that remains the same.
Mr. GARFIELD. Mr. Speaker, think the House may congratulate itself on the success of this conference, and that the committee may congratulate itself on the very happy result which it has achieved in this struggle. I have looked through this bill with a great deal of care, and as the result of that examination I must say that I hope the House will adopt the report of the conference committee; for I am sure it is very much better than we had any reason to hope for, considering the results of the last attempt at a conference with the Senate.
Mr. SCHENCK. I desire to add one word more. We found in conference with the Senate they were just as determined to have not one single regiment asa Veteran Reserve corps as the I house was to have ten. Some compromise, therefore, had to be made. The only question was whether we would come down to our, when in the morning they were willing to give as 5. They abandoned their own round.
Mr. PAINE. I hold in my hand a document on which I made accurate notes of the agreements of the morning. In looking through the 2nd conference report, I find there are only 3 points in which the report differs from the report to which the 3rd conference agreed to subscribe. We were willing to agree to everything except the provisions relating to the number of ordinary infantry regiments and the number of the colored troops and of the Veteran Reserve corps. The difference is not enough to warrant the rejection of this report, and hope it will be adopted.
Skip Skip Mr. FARNSWORTH demanded the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the report was ado ted. Mr. FARNSWORTH mtRtv the report was adopted; upon the table. agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fousnr, its Secretary, announced that that body further insisted on its amendments to the civil appropriation bill disagreed to by the House and agreed to the further conference asked for, and Mr. Eiiiiusns as managers of such conference on its part. ENROLLED BILLS ANDJtResolutionS.
Mr. COBB, from the ComEnrollBill, reported that they had examined and found truly enrolled bills and JtResolutions of the following titlps; when The SPEAKER signed the same: An act (H.R.No. 62) directing a district court to be held at the city of Erie, in the State Pennsylvania; An not (H.R.No. 468) to provide for the suits, judgments, and business of the U.S. provisional court for the State of Louisiana;JtResolution (H.R.No. 197) authorizin a contract with Vinnie Ream for a statue 0 Abraham Lincoln; andJtResolution (H.R.No. 207) to pay Colonel Lewis F. Fix.
Mr. DRIGGS (at quarter past 4 o’clock, a.m. ) moved that the House do now adjourn.
Mr. GARFIELD. I understand that the points of disagreement between the two Houses on the pending bills promise soon to be adj usted, and I hope the gentleman will not insist on the motion to adjourn.
Mr. DRIGGS. withdraw the motion. REMOVAL OIllTHE SEAT OF GOVERNMENT.
Mr. FARQUHAR. I ask unanimous consent to submit the following resolution: Resolved.That a select committee of 3 members of the House be appointedand instructedto inquire into the expediencyof an early removal of the seat of the Government of the U.S. to some eligible point on the west bank of the Mississippi an the appropriation of the present eapitol, an otherpublicbuildings whenvacated, as the National Homes for disabled offipers, soldiers andsailors, their Widows and orphan children: and that they report to the next session of this Congress.
Mr. WENTWORTH. Strike out “ west bank of the Mississippi” and insert “south shore of Lake Michigan."
Mr. PERHAM. I object. Mr. FARQUHAR. move to suspend the ru es. The rules were not suspended. MEXICO.
Mr. FARNSWORTH. I ask unanimous consent to introduce the following resolution: Resolved.That it is the dutyof the Govrrnment to demand the Withdrawal of all foreign troops from the republic of MeXico so as to leave the citizens thereof free to govern themselves.
Mr. FARNSWORTH. It is to leave them to constructs government of their own. I move to suspend the rules. The rules were not suspended. FENCING AND DITEHING COMPANY. The Clerk then concluded the reading of House bill No. 735, to incorporate the U.S. Fencin, Ditching, Drainin, and Land Reelaiming Company which ha previously been suspended.
Mr. CONKLING. I would like to know how it is that the ComDistCol comes to report a bill which seems to have dominion of the air, certainly of the earth, and not of the DistCol in an sensewhatever that I can discover.
Mr. COBB. Presumin that the inquiry of the Gentfrom NewYork [Mr. Cosxuso] is made in good faith, I will answer it by stating that this is not one of those bills that contain a roving commission; but it is confined to the DistCol. The object of this bill is to enable the inventor of a certain ditching machine to organize a company for the ur so of selling them. Mii. RICE. Is it an excavator or a mole ditcher?
Mr. COBB. Not being myself versed in the science I cannot tell.
Mr. PRICE. There is a great deal of difference between an excavator for ditching and a mole ditcher.
Mr. COBB. I will state to the gentleman that the main business to which it is expected and had appointed Mr. SHERXAK, Mr. Hauius, this machine will be put is to assist in building some of the numerous railroads that he has been instrumental in having chartered this session.
Mr. PRICE. That is the reason why I asked the question. I do not want these railroads s oi ed by a bad kind of ditcher being empToyed on them.
Mr. LATHAM. I would inquire of the Gentfrom Wisconsin [ML 038] if it is intended that the “pioneer ditcher of California” shall run the machine here provided for? [Laughter.]
Mr. COBB. “The pioneer ditcher” is not interested in this institution, so far as I know. The question was upon agreeing to the substitute reported by the committee; and being taken, it was agreed to. The question was upon ordering the bill, as amended, to be engrossed and read a 3rd time.
Mr. CONKLING. I move to lay the bill on the table.
Skip Skip The question was taken; and upon a division there were ayes 49, noes not counted. So the bill was laid on the table. Mr. CONKLING mtRtv the bill was laid on the table; on the table. agreed to. NORMAN WIARD.
Mr. MARSTON, from the ComMilAffrs, reported a bill for the relief of Norman Wiard; which was read a 1st and 2nd time, referred to the ComWhole on the Private Calendar, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Forney, its Secretary, informed the House that the senate had passed without amendment House bill No. 815, being an act supplemental to the act to appropriate money for postal services. ENROLLED BILLS SIGNED.
Mr. COBB, from the ComEnrollBill reported that they had examined and found truly enrolled, bills and a JtResolution of the following titles; when The SPEAKER signed the same: An act (S.No.179) in relation to the district courts of the U.S. in the States of California and Louisiana; An act (8. No. 247) donating certain lots in the city of Washington for schools for colored children in the DistCol; An act (S.No.324) for the relief of John Hastings, late surveyor and depositary of public moneys at Pittsburg; An act (S.No.424) to incorporate the Washington Temperance Societ of the city of Wash in ton, DistCol; and JtResolution (S.R.No. 138) to change the place of holding the terms of the circuit court of the district of WestVirginia. NATIONAL BUREAU OF INSURANCE. On motion of Mr. MOORHEAD, the ComWays&Means were discharged from the further consideration of House bill No. 675, for the creation of a national Bureau of Insurance, and to provide for fundin the indebtedness of the U.S.; an the same was laid on the table. NATIONAL ACCIDENT INSURANCE COMPANY.
Mr. MERCUR, from the ComDistCol, reported back Senate bill No. 290, to incorporate the National Life and Accident Insurance Company of the DistCol; which was referred to the ComWhole on the Private Calendar and ordered to be printed. ENVELOPE, PAPER, AND STAMP COMPANY.
Mr. MERCUR, from the ComDistCol, also reported back House bill No. 95, to incor ornte the National Union Envelope, Paper, an Stamp company of Washington, with a recommendation that the same do pass.
Skip Skip Mr. CULLOM moved to lay the bill upon the table. The motion was agreed to. Mr. CULLOM mtRtv the bill was laid on the table; on the table. agreed to. MANUFACTURE OF MINERAL WATER.
Mr. NICHOLSON. I am re nested by the Gentfrom Maryland [.Mf. HcCULLouon] to report back, from the ComDistCol, Senate bill No. 265, to protect the manufacturers of mineral waters in the DistCol, and for other purposes, with a recommendation that the same 0 ass. 0 objection was made.
Mr. ELDRIDGE. I move that the further consideration of the bill be postponed until the 2nd Tuesday in Decem or next, after the morning hour.
Skip Skip The motion was agreed to. Mr. ELDRIDGE subsequentl moved to recondsider the vote by which the bill was post pone. The motion to reconsider was entered on the Journal. ENROLLBD BILL SIGNED.
Mr. COBB, from the Committeebn Enrolled Bills, reported that they had examined and found tru yenrolled a bill of the following title; when the Speaker signed the same: An act (H.R.No. 815) supplemental to the act to appropriate money for postal services. EVIDENCE OF MARRIAGES IN THE DISTRICT.
Mr. INGERSOLL, from the ComDistCol, reported back senate bill No. 185, to preserve evidence of mar riages in the DistCol, with a recommendation that the same do pass. The bill was read at length.
Mr. CONKLING. I notice from the reading of the bill that the certificate of the functionary performing marriage is to be conclusive evidence of the facts therein stated. I think that is too broad a provision, where so many important interests relating to property may be affected. I move to amend by striking out the word “conclusive, ” and inserting in lieu thereof the word “ resumptive.”
Mr. INGERSOLL. {have no objection to t at.
Skip Skip The amendment was agreed to. The question was upon the 3rd reading of the bill as amended.
Skip Skip The previous question was 2nded and the main question ordered; and under the operation thereof the bill was read the 3rd time.
Mr. INGERSOLL. I call the previous question on the passage of the hill.
Skip Skip The previous question was 2nded and the main question ordered. The question was then taken upon the passage of the bill; and upon a division there were ayes32, noes 24; no quorum voting. Mr. WENTWORTH. I move a call of the House.
Skip Skip The question was taken; and upon a division there were ayes 9, noes 45. So the motion was not agreed to.
Mr. BERGEN (at 5 minutes of 5 o’ clock a.m.) moved that the House adjourn. The motion was not agreed to. The question again recurred upon the passage of the bill to preserve the evidence of mar riages in the DistCol, upon which no uorum had voted.
Skip Skip The question was again taken; and upon a division there were ayes 88, noes 27; no quo rum voting. Mr. ELDRIDGE called for the yeas and na s. be yeas&nays were ordered.
Skip Skip The question was taken; and it was decided I call the previous in the negative yeas 88, nays 63, not voting 87; So the bill was rejected. Mr. CONKLING mtRtv the bill was rejected on the table. agreed to. MANUFACTURERS OF MINERAL WATER.
Mr. ELDRIDGE. I move to reconsider the vote by which the bill (S.No.265) entitled An act to protect the manufacturers of mineral waters in the DistCol, and for other purposes, ” was postponed until next December.
Mr. PRICE. I move that the motion to reconsider be laid on the table. The motion of Mr. PRICE was not agreed to. The question recurring on the motion of Mr. LDRIDGE
Mr. INCERSOLL called the previous question.
Skip Skip The previous question was 2nded and the main question or ered; and under the operation thereof the mtR agreed to. The question recurring on the motion to posh pone the bill till next December, Mr. ELDRIDGE withdrew the motion. The bill was ordered to a 3rd reading' and it was accordingly read the 3rd time an passed. Mr. INGERSOLL mtRtv the bill was passed; upon the table. agreed to. COLORED MUTUAL BUILDING ASSOCIATION.
Mr. INGERSOLL, from the ComDistCol, reported back the bill (H.R.No. 383) entitled “An act to in corporate the Colored Mutual Building Association of the city of Washington, ” with a recommendation that it pass. The question being on ordering the bill to be engrossed for a 3rd reading, the bill was read.
Mr. BOUTWELL. I desire to ask the Gentfrom Illinois [Ma IxonnsoLL] what he expects these corporators to do under this act.
Mr. INGERSOLL. They are all men of color, who desire to be incorporated for the purpose of erecting buildings, which they may liaaseto their oorer brethren at cheap rates.
Mr. BOUTWELL. The Gentfrom Illinois must know that there is nothing in this bill which indicates the object for which the cerporation is to be created. The bill simply pmposes to create a corporation to hold and speculate in real canto. I move that the bill be laid on the table. On the motion of Mr. Bourwnm. there were aye 60 noes 10; no quorum voting.
Mr. INGERSOLL. With the consent of the House, I will move that the bill be recommitted. There being no objection, the motion was agreed to. c. c. nssron sun 0. w. n’conn.
Mr. HOGAN. I ask unanimous consent to introduce the following JtResolution: Resolved by the Senate and HoRep, 4.12T.hat the Secrptaryof the Navy bedirected to organize a board atpotle ss than 3 person s.whose it shall beto inquire into and determine how much the vessels of war and steammachineryShiloh, built by George6. Doctor, and the Utiah. built by Churlcs W. MoCord. at StLouis. Missouri, in the years 15631. 804a, nd 1865c, ost the contractorsover and above the contract price and allowances for extra work, and report the same to Congressat its next session.
Mr. HOGAN. I really think there ought to be no objection to this proposition; and I will move to sue end the rules that I may introduce it. I 1st, owcver, desire to state the facts of the case. These gentlemen made acontract with the Government to build 2 guuboats. They were to be low draught iron clads. While the vessels were in process of construction, and when the contractors were able to go on with the work, having not only the means but the workmen, the Government changed the plan entirely, so as to make the vessels sea going vessels. The Government proposed to pay these men for the extra wor that was to be done. But in the mean time the tide of war turned to Missouri, and these gentlemen in employing their workmen were compelled to muster them into the U.S. service as militia. They were obliged to pay extra prices for the labor of these workmen, and were precluded from having as much work from them as was desirable and proper. All that these contractors now desire is that they may get their case before the Navy Dept. The SecyNavy informs them that he has no authority to act in the matter unless there be a law or JtResolution passed by Congress authorizin him to adjudicate their accounts. This is the whole case. The proposition is simply to appoint a commission who shall report the facts, to be submitted to Congress by the SecyNavy at the next session. We can then take action upon the subject, if we deem it proper. The simple object of this proposition is to 've these gentlemen an opportunity to present their case before the SecyNavy. I hope gentlemen will not object to the resolution.
Mr. BOUTWELL. I desire to ask the Gentfrom Missouri [Mr. HOGAN] whether, if the statement contained in the resolution be true, the SecyNavy has not the power to make a proper allowance to these contractors; or whet er, if he has not such power, these parties cannot 0 into the Court of laims and get redress under the laws as they now exist.
Mr. HOGAN. I suppose that they could go into the Court of Claims; but, sir, propositions similar to this have been made in the Senate in regard to gunbonts built in the eastern States; and when eastern builders of gunboats are permitted to brin their accounts before the SecyNavy for investigation, I do not see why our western men should be comelled to carry their cases before the Court of laims rather than have them presented to the SecyNavy at once. The proposition simply is that the acts shall be reported at the next session of consee.
Mr. GARFIELD. As I have objected to the introduction of this resolution, I wish to state my reason for doing so. Sir, since I have been in Congress I have observed that it has grown to be a custom that whenever a party has had a contract with the Government which has turned out unfavorably to himself, he immediately comes to Congress and asks the payment of a large amount additional upon his contract. But, whenever acou tractor makes a profitable contract and realizes a large amount of money we never hear of any proposition that he shall refund to the U.S. Government any part of the amount which he has realized. It seems to me that we are creating, by our action in congress, a very bad system, under which all the losses are on the si e of the Government, and none of the profits. I think, sir, that if parties with their eyes wide open have made fair contracts with the Government they should not be allowed by Congress anything additional upon their original contracts. If they do extra work they should, as a matter of course, be paid for it; but I think that we should not be called on in cases of contracts with the Government to pay anything beyond what the Government has agreed to pay. This proposed investigation into the facts is, of course, intended on] as the basis of a claim to be hereafter urge' for extra compensation; and for this reason I have objccted.
Mr. HOTCHKISS. I desire to suggest to the Gentfrom Missouri [Mr. Iioosx that, in the 1st place, the SecyNavy, under our present laws, has full authority to settle with these contractors for any extra work which they may have performed. In the 2nd place, if on account of unforeseen circumstances a great increase in the price of labor or materials, or anything of that kind the contract which these men made has proved to be a hard contract, from which they ought to be relieved, this commission to be apEOIDUBd by the SecyNavy can give congress very little ai in the settlement of this case. Claims of this sort must proper] 0 before the ComClaims of one House of Congress, and meet their approval before bein acted on. The commission here tofore appointed by the SecyNavy in reference to the iron clads has been a positive injury to the claimants, because that commission presents the cases upon a basis on which Congress cannot consider them. Thus an obstacle is thrown in the way of the claimants. The commission combines the cases of the claimants together. It does not discrim inate one case from another. It groups them all to ether in one general measure, and says that althe contractors must have a certain%age additional on their contracts. ow, in point of fact one man may have made money while another as lost; and therefore each case should be considered separatel and on its own merits. Yet, by the action of t iis commission, the different cases are all put in one omnibus bill. I have no wish to interpose the slightest objection to any proposition of the Gentfrom Missouri which may tend to assist contractors who have reall suffered loss in consequence of what they have done for the Government; but I do not believe this proposition will be of any service to the men for whose benefit it is intended.
Mr. HOGAN.Mr. Speaker, what we desire to accomplish byl this proposition is that this case may come ere as an isolated measure standing solely upon its own merits. We do not seek to put it into an omnibus bill. These 2 vessels were built at the same yard by different artics.
Mr. HOGAN.Mr. Speaker, I think that gentlemen are somewhatmistaken in reference to the objects contemplated by this proposition. The claimants in this case expect to bring this matter before the ComClaims at the next session. All that they wish is that the matter shall be so presented, through the Navy Dept, as that the ComClaims may have before it the proper materials for a correct judgment. The reason why these parties have not been included in other bills which have been presented to cover claims of this sort in the “ omnibus bill, ” if I may so call it, which has been passed by the Senate and is now before the ComClaims of this House is that in consequence of the very low stage of water in the ississippi river when these vessels were finished, according to the new lan which the Dept required, the vessels could not be got out safely to the place where they were to be received. Hence the parties had not an op 0rtunity to present their case in time before the action of the commission heretofore appointed by the Dept to investigate matters of this kind. I think that if this commission were appointed to investigate the facts the examination would perhaps facilitate the final settlement of the matter by the ComClaims at the next session. That is the only object I have in view in asking at this time the adoption of this resolution simply that the matter may be fairly broughtbefore the ComClaims through the action of the Navy Dept. The motion of Mr. Room to suspend the rules for the purpose of introducing the JtResolution was not agreed to.
Mr. HOGAN. I move that the resolution be referred to the ComClaims. The motion was agreed t3. WASHINGTON CITY CANAL.
Mr. INGERSOLL, from the ComDistCol, submitted an adverse report upon the bill (H.R.No. 602) to authorize a special tax for the purpose of improving the Washington city canal; which was laid on the table. MAJOR J. W. JACOBS.
Mr. INGERSOLL. I am directed by the ComDistCol to move that the committee be discharged from the further consideration of the petition of Major J. W. Jacobs, and that the same be referred to the ComClaims. The motion was agreed to. MICHAEL MASH.
Mr. INGERSOLL. I am directed by the same committee to move that the committee be discharged from the further consideration of the petition of Michael Mash, and that the name be referred to the ComClaims. The motion was agreed to. RAILROADS IN MISSISSIPPI.
Mr. SHELLABARGER. I ask unanimous consent to introduce a bill to revive and continue in force the provisions of an act granting public lands, in alternate sections, in the State of Mississippi, to aid in the construction of railroads in said State, and forother purposes, approved August 11, 1856. I desire to state that this bill was handed to me by an officer of a southern railroad. Personally I know nothing of its merits. It was handed to me some time ago, but I have not had an opportunity heretofore to introduce it. There being no objection, the bill was read a 1st and 2nd time and referred to the ComPubLands. ASSASSINATION OF PRESIDENT LINCOLN.
Mr. BOUTWELL. I move to suspend the rules for the purpose of considerin at this time the resolutions reported by the Comjudiciary relative to the alleged complicit of JeffersonDavis and others in the assassi nation of President Lincoln. The motion was agreed to. The resolutions were read, as follows: Resolved, That thereis no defectorinsuflicicnc in the present state of the law to preventpr intercre with the trial of JeffersonDavisfor the crime of treason or any othor crime for which theremay be probable ground for arraigning him beforethe tribunals of the country. Remind further. That it is the duty of the executive deptof the Government to proceedWith the investigation of the factsconnectedWith the assasination of the late Presnlent, Abraham Lincoln without unnecessarydelay, that JeffersonDavis and others named in the proclamation of presidentJohn son of Mn 2, 1865m. pay beput upon trial and properly punishedif uilt, or relievedfrom the charges against them if oun to beinnocent.
Skip Skip Mr. BOUTWELL. I demand the previous question. The previous question was 2nded and the main question ordered; and under the operation thereof the resolutions were agreed to. Mr. BOUTWELL mtRtv the resolutions were agreed to; on the table. agreed to. NORMAN WIARD.
Mr. SCHENCK. I moye that by unanimous consent the ComWhole on the state of the Union be dischargedfrom the further consideration of a bill or the relief of Norman Wiard, that the House may proceed to its considctation at the present time.
Mr. GARFIELD. I hope that the Gentfrom NewYork [Mr. Commune will not persist in his objection. This matter was before the House at the last Congress, but was not acted on. I think that if gentlemen will listen to the reading of the bill they will make no objection to it. In in judgment, very few bills so meritorious as this have come before this House. I appeal to the Gentfrom NewYork to withdraw his objection.
Mr. CONKLING. I do not know of anything more meritorious than the consistency with which this House, during the last 36 hours, has avoided acting upon private bills of this sort. It is too late to take them up and consider them properly. I make this remark regardless of the merits of any individual cases. I have no reason to doubt the gentleman’s statement that this is a meritorious bill; but it should be considered at a proper season; and I think that 6 o'clock in the mornin of the day of final adjournment, when the house is awaiting the report of a committee of conference, is not the proper time for acting upon a bill involving so much money as I understand this does. must therefore insist upon my objection. REPORT ON MEMPHIS BIOTS.
Mr. SHANKLIN.Mr. Speaker, I rise to a privileged question. The order of the House in reference to the printing of the reports on the disturbances at Memphis was, as I understand, that the majority niid minority reports should be printed together. It appears, however, that this order has not been obeyed; for I have here a copy of the majority report, printed alone, unaccompanied by the minority report. I move that the order of the House be executed.
The SPEAKER. As to the extra copies ordered today, the order was that the majority and minority reports should be printed together. The Chair does not recollect what was the order as to the printing of the regular number.
Mr. SHANKLIN. That was the order of the House on the adoption of the 1st motion print. "he SPEAKER. The Chair will direct that the order of the House, whatever it may have been, be executed.
Mr. LEBLOND. I would like to know by what authority the Public Printer, when this House orders that a majority and minority report shall be printed together, sends into this House the majority report alone, excluding the minority report. This is the 2nd occasion when, the house having ordered the printing of the majority and minority reports together, the majority report has been printed alone, excluding the minority report. I)fI can ascertain whose duty it is to see that the orders of this House are executed in good faith, I am ready to introduce a resolution of censure against that officer.
Mr. BROOMALL. In reference to this copy of the majority reportprinted alone, I desire to ask the gentleman whether he knows where and by whom it. was printed whether he knows that it, was printed by the Public Printer.
Mr. E BLO D. Well, Mr. Speaker, that is a very singular question.,
The SPEAKER. It is the essential question. If the report was printed at a private office, of course this is not a privilege question.
Mr. LEBLOND. Of course it is not. But, sir, who ever heard of any private establishment printing a report ordered by this House, and brining it in here?
The SPEAKER. If the gentleman will send up the report upon which he founds his remarks, the Spea {er will rule upon it.
Mr. LEBLOND. I will do so with pleasure.
The SPEAKER, (examining the document.) This is the print of the Public Printing office; but it appears to be simply aproof sheet folded, a number of the pages being blank, as the paper is printed only on one side.
Mr. LEBLOND. It is veryremarkable that we should have the proo sheet of the majority report only.
The SPEAKER. The minority reportprobably is to be set up after the majority report.
Mr. LEBLOND. It is to be hoped it will be
The SPEAKER. whhen any gentleman presents the report of the majority, regularly issued and printed separately, the Chair will rule upon the question. This is not the regular issue of the report, but is evidently only a proof sheet. The C air has not examined the Journal to ascertain whether the reports were originally ordered to be printed together. If they were, and if the order be not carried out, the Chair will rule that it is a matter for investigation by the House.
Mr. BROOMALL. If the Gentfrom Ohio [Mr. Li: BLOXD] had taken the trouble to asla me in reference to this matter, I think I could have saved him a great deal of uneasiness. It ha pens thatI sent this morning to the Public Printer for 15 copie (I think that was the number) of this report for my own use. When they were brought to me I found what
The SPEAKER has state, that they were made up of proof sheets, showing that the report was not et ready to be issued. The SPEAK R. The Chair would ask the Gentfrom Kentucky, [Mr. Saussure] who prepared the minorit report, whether he has sent for the proof of '6 report. '
The SPEAKER. Probably if the gentleman sends for it he will obtain it.
Mr. SHANKLIN. The copy of the majority report which I had was furnished to me by the Gentfrom Pennsylvania, [Mr. BROOMALL.
Mr. BROOMALL. At the gentleman’s request. POST ROAD BRIDGES.
Mr. HOGAN, by unanimous consent, introduced a bill to repeal the 2nd section of an act to authorize the construction of certain bridves, and to establish them as ost roads which was read a 1st and secontime and referred to the comPostOffice. NORMAN WIARD.
Mr. BINGHAM. I move to discharge the ComWhole House on the Private Calendar from the further consideration of the bill for the relief of Norman Wiard.
Mr. BINGHAM. This is a just claim, and ought to be passed. It has been fully considered by the ComMilAffrs, and met with their entire approval. It provides for the payment to
Mr. iard of the balance of money due him for money eXpended in furnishing 2 steamers to the Government, and which were delivered at Hilton Head. The whole amount of money has been expended for the use of the Government; and, as I understand, this claimant is now sufferin for the want of that which has justly been ound duo him.
Mr. RANDALL, of Pennsylvania. There is not a uorum resent, and this not the time to pass 8. ill oft is character.
Mr. BINGHAM. I move to suspend the rule in order that the ComWhole House may be discharged from the further consideration of the bill. The rules were suspended. The bill appropriates the sum of $26, 611 12 to pay the claim of Norman Wiard for the delivery of steamers at Hilton Head.
Mr. BINGHAM. I demand the previous question.
Mr. WARD. I ask that the report of the committee be read.
Mr. SCHENCK. There is a report in prep aration in the hands of the Gentfrom NewHampshire, [Min Manama] I will, with the permission of the House, say one word. If there ever was a fair claim against the Government I believe this to be one, a case in which the gentleman named in the bill has suffered to the amount of 1000s of dollars by no wrong of his own, but because he has been unable to get a settlement from the Government which is justl his due. It has been thoroughly considered. art loads of paper have been sent from the quartermaster’s dept, in which there was the highest testimony of the claim. He contracted for 2 steamers. He offered them to the Government at $00,000 apiece, They jewed him down to $80,000 apiece. They were vessels of light draught. They then kept him waitin. He then agreed if the Government would pay $50,000 apiece on the steamers leavin NewYork he would deliver the steamers at ‘ortress Monroe, which was provided in the original understanding to be the place at which they were to be delivered. They never paid the $50,000 at once, I think, but made partial payments afterward. Instead of deliv ering the vessels at Fortress Monroe, he was compelled to deliver them at Hilton Head; and before they arrived there one of them was beached, causing him great loss in various ways. They were the vessels by which James Island was captured. He has only received a partial payment, and the committee report this balance to be due him.
Mr. STROUSE. I wish to ask the gentleman I hope my colleague will Gentfrom Ohio, [Mr. Senanex] the chairman of the ComMilAffrs, whether he knows the fact in this case to be true.
Mr. SCHENCK. They all appear by the papers in the case. I state them as chairman of the ComMilAffrs. The committee fully examined the whole matter and found this amount of money to be due this man, and recommended it should be paid to im.
Mr. STROUSE. That is all we want to know. I believe this man ought to be paid, and shall vote for the bill.
Mr. HIGBY. Why has this claim been sent to the ComMilAffrs and the claims of all other naval contractors sent to the ComClaims?
Mr. SCHENCK. I never knew anything about this claim until the memorial was sent to the ComMilAlfairs.
Mr. GARFIELD. I can answer one part of the question of the Gentfrom California. This
Mr. Wiard had been connected in the most interesting way, before this contract, with the War Dept, by his improve ments and inventions in fire arms. Every steel gun fired in the late war against the rebels, with the exception of a few from England, were those invented and manufactured by hi in self. He invented wbat is known as the Wiard gun, and he has gone on spending money in improving it. His relation to the ar Dept arose in that way. His subsequent ar rangement was in consequence of his known skill as a machinist and inventor. He has been connected with some of the most interesting features of the war as an inventor. I think there are not many claims which demand more re. did rendition of justice than this one.
Mr. WARD. I do protest against passing claims of this character at this time.
Mr. INGERSOLL. If the claim is just, it is good to pay it at any time.
Mr. WARD. Has this ever been investigated by the ComClaims, or has it only been before the ComMilAffrs, and does it stand exclusively before the House on the recommendation of the ComMilAffrs 'I
Mr. BINGHAM. I believe it has been before the ComMilAffrs exclusively.
Mr. HIGBY. I want justice done, but I want it done equally to all claimants. As fair claims as ever came before this House have been objected to and referred to the ComWhole. When all other claimants are denied I cannot see the justice of singling out one particular claim and granting it favors not accorded to all other claims. A resolution came here which had been fully considered by a committee, and instead of being taken up and acted on it was sent to the ComWhole House. I I refer to the case of the Ca manche, where the Government took the machinery out of the vessel and at it into another vessel on account of the eirigencies of the times. Justice should be done equally in all cases.
Mr. SCHENCK. As I said before, this me morial came to the ComMilAffr. The claim of Mr. Wiard was sent to the ComMilAffrs because I suppose thnt was deeme to be the appropriate committee. It has been ordinarily the habit of the ComMilAffrs to send purely private claims, seeming to have nothing ispecial to do with matters connected with the ar dept or the Army, to the ComClaims. When a claim comes to us arising out. of military affairs we feel bound to take charge of it. This was one of that character. e did not ask to be discharged from its further consideration, but took it up and were at great pains to ascertain all the facts from the quartermaster’s dept and the War dept. We did all that we could do in order to arrive at a just conclusion. The War Dept sent us an enormous quantity of documents. They were all examine by the committee, but more particularly by the Gentfrom NewHampshire, [Mr. Mans rota] and we came to the conclusion if there ever was a just claim for an unpaid balance this was one. The committee accordingl reported this bill to pay him what is justly (Inc, not a cent of which he has received. I suppose a great deal of wrong has been done in Withholding the sanction of the House in other cases, but that ought not to induce us to do wrong ere.
Mr. HIGBY. I will not do injustice in this case, because justice has not been done in ref erence to the claims of gentlemen equally meri torious, whose bills have been killed because it was alleged there were only 36 hours of the session left, and we had no time to consider them. I have no spite, no revenge to satisfy, but I only wanted to say that there were other cases as just as this one which had received no favor. If this be a just claim I shall cheerfully vote for it.
Mr. MAYNARD. If the facts are correctly stated by the Gentfrom Ohio it seems to me the Var Dept ought to have paid it.
Mr. SCHENEK. It has only been denied on some mere technical ground, and the intervention of Congress is necessary to enable this man to get the money which all must admit to be due him.
Skip Skip Mr: BINGHAM demanded the previous question. The previous question was 2nded and the main question ordered. Mr. BINGHAM demanded the yeas&nays. The yeas&nays were ordered.
Mr. ELDRlDGE. Members are sleeping upon sofas and in chairs and all around the all, and I would like to know whether they are to be counted in making up a quorum; [Laughter]
The SPEAKER. They are all present and are all entitled to vote when waked up. [Re newed laughter.]
Skip Skip Mr. BIhGHAM. My demand for the yeas&nays was on the passage and not on the engrossment of the bill. the bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time. The question was then taken on the passage of the bill; and there were yeas 67, nays 25, not voting 94;. So the bill was passed., Mr. SCHENCK mtRtv the bill was passed; on the table. agreed to. MRS. LAURIE.
Mr. ORTH.Mr. Speaker, I desire to make a'statement to the House, if I can get its at tention for a few moments, in order to make an effort in behalf of a most worthy lady of this city. I refer to the case of Mrs. Laurie. Her bill has passed the Senate after having been thorough y investigated. It gives her some 2,700 dollars for the use of her house and lot by the military. While it was in the use of the Government she was corn pelled to rent property for her own use in the city of Georgetown. Her property suffered great dilapidation from the militar.
Mr. HARDING, of Illinois. Hits the gentleman any personal knmvledge of the property allc ed to have been injured? Itff. ORTH. I have, and I will state what. that personal knowledge is.
Mr. OR'I H. I move to suspend the rules so that the ComWi iole House may be discharged from the further consideration of the bill for the relief of Mrs. Laurie.
Skip Skip The House divided; and there were ayes 32, noes 16; no quorum voting.
The SPEAKER, under the rule, ordered tellers; and appointed Mr. ORTH and Mr. Ax cows. The House again divided; and the tellers reported ayes 50, noes 47. So S2/3rds not voting in the affirmative) the rules were not suspended. BALMER AND WEBBEK.
Mr. HOGAN. Iask the unanimous consent of the House that the ComWhole be discharged from the further consideration of the bill for the relief of Balmer d: Webber. With the consent of the House I will make a brief statement of what it is.
Mr. LAWRENCE, of Ohio. I object to everything of this kind during the remainder of this session.
Mr. HOGAN. It is a claim for payment for musical instruments furnished by order of Gen' eral Fremont when he came to command the army of Missouri. There were ten regiments from Iowa, Illinois, Missouri, and I think one from Indiana.GenlFremont ordered that these regiments should be furnished with brass instruments.
Mr. LAWRENCE, of Ohio. I object to anything that will get up any more bills to take money out of the Treasury.
Mr. RICE, of Massachusetts, (at 7 o’clock a.m.) moved that the House take a recess until ten o’clock.
Mr. GARFIELD. I hope not. I understand that the committee of conference are ready to make their report on the civil appropriation bill.
Skip Skip iisssion rnon 'rns SENATE. A message from the Senate, by Mr. Fons'xr its Secretary, announced that that bod had agreed to the report of the comconference on the civil appropriation bill. CIVIL APPROPRIATION BILL.
Mr. LAWRENCE, of Ohio. I ask for a se crate vote on the different propositions. he SPEAKER. That is not in order, as the report of a committee of conference must be ado ted or rejected as a whole.
Mr. ANKS. If there is to be any question of order upon the propositions contained in the report, it ought to be made now.
Mr. LAWRENCE, of Ohio. I make the point of order that there must be a separate vote taken on the propositions.
The SPEAKER. I‘liatisimpossible; it has never been known in reference to reports of committees of conference.
Mr. LAWRENCE, of Ohio. done by a motion?
Mr. BROOMALL. Can the Gentfrom Massachusetts tell us what the increased cost to‘he Treasury will be from the additional compensation of members of Congress?
Mr. BANKS. It was my purpose to state what I knew about this bill and when I have made my statement I desire to move the previous question. I do not intend to defend the report by argument, but to leave it to the House.
Mr. HARDING, of Illinois. I desire to know if it is a laudable exercise of capacity to place as in the condition of voting either to increase our salaries or of voting against equalizing the bounties. have no respect for capacity exercised in that manner.
Mr. tANDALL, of Pennsylvania. I call the gentleman to order.
The SPEAKER. That remark is in violation of the rules.
Mr. HARDING, of Illinois. Take my words down, and let us see.
The SPEAKER. The Gentfrom llli nois states that he has no respect for capacity exercised in this manner, which places the House in the dilemma of votin either for raising the pay of members or o voting against the equalization of bonuties. It is the order of the House that this subject should be considered by the conference committee. The Senate seat to the House an amendment increasing the pay of members. That was referred to the committee of conference. The House seat a resolution in regard to bounties. That was sent to the committee of conference. That committee were instructed to reconcile, if possible, the disagreement between the 2 Houses. The Chair is compelled to say this in vindication of the conference committee.
Mr. MORRILL. I ask the Gentfrom Massachusettsif hehas ever known a committee of‘conference where there has been such a decisive vote as has been taken in this House120to 4 ageinst a proposition, bring in a report in favor of it.
Mr. WILSON, of Iowa. I wish merely to state that as one of the members of the committee I o posed from the beginning the Senate amendment increasing the salaries. As regards the provision' in relation to bountics, though it is not as complete as I desire, still I think it is really better than we had reason to expect from the Senate. But it is because of my opposition to the increase of salaries that I withhed my signature to the report.
Mr. BANKS. I feel it my duty to say that had I understood from the chairman of the committee at the commencement of our deliberations that such was his determination I never should have made the report, or, at all events, it would have been different from what it is. But the Senate committee expressed a feeling that it would be dealing with them somewhat in bad faith if they were compelled at the last moment to fore 0 this provision, and therefore we reported itfieaving it for the House to acce t or re'ect it.
Mr. NIBLACK. Will the gentleman yield a moment?
Mr. N IBLACK. The Gentfrom Massachusetts feels somewhat embarrassed in this matter. The report does not meet my entire approbation. But this question of salaries was brought to the attention of the House by the action of the Senate, and it has ot before the country; and I must say that have heard enough to convince me that it was the intention of the present Congress to increase the salaries of members before the 4th of March next. In that view I thought we might as well test the question now as at any time. As to the bounty question, the proposition does not come up to my views. But as a compromise I accept it. And as a compromise I consented to the entire report, believing it would be better to pass the liill in its present shape if we intended to pass the bill at all.
Mr. BANKS. I understood the opinion of the Gentfrom Indiana [Mr. NIBLACK] at the 1st to be precisely as now expressed. I do not intend to enter into any debate.
Mr. CONKLING. I wish to inquire, as a matter of fact, whether. in order to come to a report which might be presented to the House, the managers on the part of the House found it necessary to agree to this provision for the increase of salaries.
Mr. BANKS. At the last moment I felt it my duty, against my judgment under other circumstances, to report this to the House for its action. I now move the previous question.
Mr. LAWRENCE, of bio. Will the gentleman yield?
Skip Skip The previous question was 2nded ayes 69, noes 31. On ordering the main question, Mr. LAWRENCE, ofOhio, demanded tellers. Tellers were ordered; and The SPEAKER appointed Messrs. Lawssscr. of Ohio, and Nis LACK. The House divided; and the tellers reportedayes 76, noes 26. So the main question was ordered. Mr. PHELPS. I demand the yeas&nays on agreeing to the report. The yeas and no s were ordered. The question being taken. it was decided in the affirmative yeas 51, nays 60, not voting 85; So the report of the committee of conference was agreed to. During the roll call,
Mr. H BEARD, of WestVirginia, said: I cannot t what I want for the soldier, and so I will ta e what I can get. I “ change my vote a ’1.
Mr. DRIGGS. I hope the gentlemen who are in favor of bounties to the so diers; but who are loath to vote to increase their own salaries, will contribute the surplus of their salaries to the soldiers.
Mr. BERGEN. On account of the soldiers, I change my vote to “ay.”
Mr. O’NEILL. I vote “ ay, " so that we may get a bounty bill. I am opposed to raising the compensation of members.
Mr. FERRY. I rise to exress the embarrassment in which the report of te committee of conference upon the dim eein votes of the 2 Houses pihces me in ctermining my vote upon the uestiou. Steadily and invariably I have vote againstincrease of pay to members of congress, becauscl am opposed toany increasein the presenteondition of'our finances. 3 times, upon this very proposition, has my vote been recorded against it. Now it appears coupled with the increase of bounty to our gallant soldies, which I heartily favor, but which I cannot vote for without also voting for the increase Of congressional pay. The Senate insists upon this increase at the peril of increase of bounty to our soldiers. There is no alternative but to vote for both or vote against both. It is unfair to be compelled to meet a proposition which is approve with one not approved, in one in separable net. But the dilemma is unavoidable and the issue must be met. From what I observe I am satisfied the vote upon the question will be a very close one. It may be that the adoption of the report may ban upon a single vote. Duty to brave men who gave perile life for the Republic rise above the inexpe diencyto which I unwillingly commit myself by the change of action I now repose to follow. this bounty or no bounty to the soldiers that must now be considered. Let me here reply to the proffered suggestion, that members need not e so sensitive about voting themselves ade quate pay, for their surplus can be contributed to the soldiers, that that suggestion shall rec = oncile my action. It shall not go unheeded. My vote shall be fortified by acts. I therefore ask to change my vote, and will hold myself answerable to the benefit of soldiers to the extent of such surplus. I now vote “ay.”
Mr. CULLOM. For the purpose of securing the soldiers’ bounty I vote ay.” I’he result having been announced as above recorded,
Mr. VANHORN, of Missouri, mtRtv the report was adopted; on the table. T he latter motion was agreed to.
Mr. LEBLOND. I move that the House adjourn. I‘he SPEAKER. The state of business is such that the House may now adjourn to meet again at 11 o’clock. If the Senate is not able to finish its business by 12 o’clock I understand it will reciprocate the request of the House for an extension of the session till 4 and a halfo’clock. The motion to adjourn was accordingly agreed to; and thereupon (at 7 o’clock and 50.minutes a.m.) the House adjourned. MEMORIAL. The following memorialwas presentedunder the rule and referredto the appropriatecommittee: By Mr. BANKS: The memorialof 20oprominent and influential citizensof L0uisiana, for the aid of the Government of the U.S.in repairing the leveesof theMississippi.
@@@IN SENATE SENATE. SATURDAY, July 28, 1866. The Senate met at 9 o’clock a.m. On motion by Mr. RAMSEY, and by unanimous consent, the reading of the Journal of yesterday was dispensed with. CERTIFICATES OF NEWJERSEY SOLDIERS.
Mr. RAMSEY. There is a JtResolution on the table from the HoRep which I hope will be disposed of now. It is a small matter, for the transmission through the mails of certificates to soldiers oflgood conduct by the authorities of NewJersey. It is House JtResolution No. 193. There being no objection, the Senate, as in ComWhole. proceeded to consider the JtResolution (. R. No. 193) authorizing the transmission through the mails, free of postage, of certain certificates, by the adjutaut general of NewJersey. It authorizes the adjutant general of NewJersey to transmit through the mails, free of osta e, certain cer tificates of thanks awarded byt e Legislature to the soldiers of that State, under such regulations as the PostMGenl may direct. The JtResolution was reported to the Senate without amendment, or cred to a 3rd reading, read the 3rd time, and passed. PITTSBURG AND CLEVELAND RAILROAD.
Mr. EDMUNDS. I move to proceed to the consideration of House bill No. 637. The motion was agreed to; and the Senate proceeded to consider the bill (H.R.No. 637) to promote the construction of a line of railroad from Pittsburg, Pennsylvania, to Cleve land, Ohio; which had been reported adversely from the ComCommerce.
Mr. EDMUNDS. I move that the further consideration of the bill be indefinitely post poned. The motion was agreed to. amass.
Mr. FESSENDEN. I move that the Senate take a recess until ten o’clock. The motion was agreed to. The Senate reassembled at ten o‘clock a.m. SEWARD A. roor.
Mr. HENDERSON. The Committee to Audit and Control the Centingent Expenses of the Senate, to whom was referred a resolution for the payment of Seward A. Foot for services as clerk of a committee, have directed me to report it back to the Senate without amendment, and with a recommendation that it pass. We find that the moneyis due to him but cannot be paid without a resolution. I ask for its present consideration. There bein no objection, the Senate, as in ComWhole proceeded to consider the resolution, as follows: Resolved. That therebepaid out of the contingent fund of the Senate, to Scwurd A. Foot. the sum of.180in full for servicesasclerk of a committee. The resolution was reported to the Senate without amendment, ordered to be engrossed for a 3rd reading, was read the thi time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnsusox, its Clerk, announced that the HoRep had agreed to the report of the 2nd conference committee on the amendments to the bill (H.R.No. 737) making approprintions for sundry civil excases of the EOvemment for the year ending one 30, 1867, and for other purposes. The message also announced that the HoRep had passedabill (H.R.No. 818) or the relief of Norman Wiard. in which it requested the concurrence of the Senate. ROBERT BALDWIN.
Mr. HENDERSON. There is a little bill on the table which a member of the House asks me to call up. It is a House bill. It was referred to the ComPubLands and reported back by them favorably yesterday morning. It is Iiouse bill No. 693. I ho c the Senate will consider it. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 693) for the relief of Robert Baldwin. The preamble recites that on the 5th of December, 1849, Robert Bald win located at the land office at Milan, in the State of Missouri, 3 military bounty land warrants, issued under the act of 1847, each for 160 acres, numbered 2, 847, 26, 801 and 40, 263, and received from the register duplicate certificates of location and that those warrants were lost from the mail in their transmission from the land office to Washington, and have not since been heard from; and the bill, therefore, directs the SecyInterior to cause patents for the lands entered under those warrants to be issued to Robert Baldwin upon his surrendering to the Commissioner the duplicate certificates of location.
Mr. FESSENDEN. Is there a report in that case? If there is, I should like to hear it read.
Mr. HENDERSON. There is a report accompanying the bill from the HoRep which can be read. It is very short.
The Secretary read the following report: the comPubLands. to whom wu ro ferred the bill for the relief of Robert Baldwin. hcg leaveto report the following facts: That on the 5thof December, 1849t.he said Bald win located 3 land warrants eachfor 160 acres.on the land mentionedin the bill, surrendering the warrants and receivmg from the register duplicate certificates of entry, The war rants werelost in the mail while in trunsrtfrom the loud office at Milan. Missouri, to the General Office.sincewhich the{ have neverbeenheard from. The ComrGLO refuses to nonepatentsfor the land without special npthority from Congress;and satisfiedthat it is but asticc to the party. the warrants having beenlost whlie in possession of the Government.nnd that no lore can possiblyresult therefrom, the committee report back the bill and recommendits passage. The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. DUTY 0N IMPORTED WOOL.
Mr. WADE. I move that the Senate now proceed to the consideration of House bill 1'0. 793.
Mr. FESSENDEN. Let us hear the title of the bill.
The SPEAKER. “A bill to provide increased revenue from imported wool, and for other purposes.
Mr. FESSENDEN. I hope that bill will not be taken up for consideration. It would be, in my judgment, manifestly improper to take it u at this period of the session.
Mr. FESSENDEN. No, sir. I will state the facts with regard to it. The bill came into the Senate yesterday or the day before yesterday, I do not know which; and the Presiding officer stated that it would be referred to the ComFinance. The Senfrom Wisconsin [Mr. Hows] moved that it be laid upon the table, without moving that it be reprinted, and prevented its being referred. It as not been referred to our committee or any committee; it has not been examined by the Senate at all, and has not been printed so that we might see it, but it laid on the table and has not been called up till now. when we are within 2 hours of the time ofadjournment. It is a bill of some 8 or 10 pages, a tariff bill; and now within 2 hours of the time of adj ournment, after being up all night, exhausted as we are and utterly unable to comprehend the bill by its terms in a reading at the desk, we are on led upon to take it up for action. I have glanced my eye over it, but I am unable from a casual glance to say what it contains, except that I believe, as is said by the honorable Senfrom Ohio, it is confined exclusivel to wool and woolens. It is said that it is to en from the thrill“ bill that was laid over by the Senate. How that is I do not know. 0 Senator has examined it; no committee has examined it. It covers but one single interest under the tariifbill, and that is the woolen interest, leaving out all others. Now, sir, if we are to have a tariff bill let us have one that unites all interests, and not a bill picking out one interest that may be of consequence to some particular section of the country and leaving all others unprovided for, especially at this time, when we are certainly not in a tit state to give it any consideration and cannot know anything about it. I hope it will not be taken u. I think it would be very wrong.
Mr. VADE. I am very sorry to hear an objection coming from that quarter as to the sectional operation of this taritf bill.
Mr. FESSENDEN. I said nothing about its being sectional at all.
Mr. W ADE. You said it only affected certain sections.
Mr. FESSENDEN. I said it only affected certain interests.
Mr. WADE. Now sir, this bill, I am told, and have no doubt, by gentlemen that have compared it and know al about it, is a literal transcript from the other tariff bill on the subject of wools and woolens.
Mr. FESSENDEN. Does the Senator know that?
Mr. WADE. I am telling you how I know it. I have not compared it myself; but I am so told by gentlemen who, I have every reason to believe, tell me the truth. I have run my eye over it, as I did over the other bill. It reads to me like the other bill, and I have no doubt it is the same thing. Now, sir, this is about the only attempt that has been made at an time to protect the agricultural interest of the Northwest and other sections. That interest has become an immense interest in all the northwestern part of the country; and this bill undoubtedly would be of the high est importance and greatest advantage to the wool growers of that region of the country; and thus, in my judgment, it would enhance the interests of ever other part of the country for I never argue these questions as sectional ones; I do not believe the are. I am not one of those who talk aboutNewEngland having particular benefits in this way. I am glad that they have, and I always aid, so far as I can, in it.
Mr. POMEROY. I desire to make an appyeal to the Senfrom Ohio and the Senate. e are to adjourn at 12 o’clock, and if this bill is going to excite discussion, a few speeches upon it will consume the whole time remaining, and there are a few bills that can be disposed of by unanimous consent, which everybody is willing should pass. Inm in favor of the measure which the Senfrom Ohio has charge of; I do not know whether Iam in favor of that particular bill or not; but if it is going to be discussed and opposed, we shall lose that and a number of small bills to which there is no objection.
Mr. WADE. I am not going to argue at length, especially on the question of taking it up. know, as the gentleman says, we have not a great length of time, although, in another sense, we have all the time there is, if we see fit to occupy ourselves with it. There is no, absolute necessity of our adjourning at a moment’s warning. If there are any interests to be protected by our staying a little after 12 o’clock, the House has passed a resolution extending the session unti 4 and a half o’clock, and we can concurin that, which would give us ample time to pass this bill. I have no doubt that it would be of the highest benefit to the whole country, and especially to that part of the country from which I and many others come. I was in hopes that it would be permitted to pass without any particular objection. I know very well thatanybody can defeat this bill if he sees tit to do 0. It depends upon the view gentlemen take upon it. It is no time for me to argue it. I know that it is in the power of an body to defeat it by his more ipse dixit if he c ooses. I think it would be very ungenerous to do it and very detrimental to the interests of the country. The House has taken greatpains to ct up the bill with a view to do some degree 0 justice to the people on this subject. That is all Ihuve to say about it. I leave it in the hands of the Senate to do as they lease.
Mr. SPRAGUE. I desire to appeal to the Senfrom Ohio to let this measure be laid aside in order to permit me to take up House bill No. 801, prowding for the distribution of the rewards for the captors of the assassins of Mr. Lincoln and Mr. Seward. I trust that the Senator will allow that measure to be taken up. It affects nearly 500 soldiers, giving them small amounts. The subject has under gone the revision of the Judge Advocate general, of the Asst Adjutant General of the Army, of a committee of the HoRep, and of the HoRep. The bill towhichI refer has passed the House and been reported regularly from the committee of the Senate, who have examined it as critically and as attentively as they could, and it seems to me to be the wrsest award that could be made. I hope, therefore, that the Senator will permit it to be taken up.
Mr. SUMLER. I agree with the Senfrom RhdIsland. I think we ought not to let that bill be hung up during our vacation. Let us dispose of it now.
Mr. WADE. The question is on taking up this bill. Let us decide one thing at a time.
The PRESIDENT protempore. The Chair will put the question as soon as an opportunity offers.
Mr. HOWE. Of course the Senfrom Missouri is'entirely right in. saying it would be impossible for us to mature ajill upon a question as important as this in an hour and t ree the advantage of this measure is that it was mdtured more than 12 months ago, has been pending, has been reported by 2 committees, passed one House, twice been reported by the ComFinance in this body, as I onderstand. [“Oh, no.”] This is the same bill precisely, as I understand.
Mr. WILSON and Mr. HENDERSON. They did‘ not report it.
Mr. HOWE. They reported the tariff bifl, did the not?
Mr. HOWE. It was postponed, then, before it was considered.
Mr. FESSENDEN. This bill was brought in and read at the desk, and the Presiding Officer said it would be referred to the ComFinance; but the gentleman himself said “No, let it lie on‘ the table.” It never went before the committee and they have not seen it.
Mr. HOWE. I know this identical bill in this shape neVer went to your committee; but thiis is, as I understand, copied from the tariff bi.
Mr. FESSENDEN. So some people say, but we do not know anything about it. It is no way to legislate upon what somebody says. There is no member of the Senate wh0 has read it.
Mr. HOWE. I suppose that can be made certain in a very short time. I did not understand that any Senator here wrpted the bill referred to the hinance Committee. I did not hear on request for a reference.
Mr. FESSENDEN. That is the ordinary course, but the Senator objected and had it laid on the table. I supposed he would have it taken up again and referred.
Mr. HOWL. That is the ordinary but not the invariable course.
Mr. FESSENDEN. Always. I neverknew of a turiTT bill, large or small, that was not referred.
Mr. HOWE. I cannot recall an instance myself; but a bill of this kind affecting only one subject, and that a subject which has been before the country so Ion as this has, and discussed so extensively and widely as this has, I suppose might very well be made an exception of, inasmuch as nobody asked to have it referred. The Presiding Officer did remark, as is usual, that the bill would be referred to the Finance “Committee; and supposing the committee on Finance did not care to consider it, I thought it was just as Well that it should lie 0n the table until we could take it up. This I understood to be the fact: that it is a tran script of the provision on this subject which passed the House in the tariff bill and came to the Senate some time ago. I understand that that measure was matured upon consultation with those most familiar with itand most deeply interested in it, the manufacturers and the powers of wool.
Mr. HOWE. How far the consumers have been consulted I do not know; but we understand, in reference to this interest, that they represent the consumers also.
Mr. POMEROY. I hope Senators will let us take up some bill. If we occupy the whole time with debatin the question of whether we shall take up this bill we shall not take u any.
Mr. HOWE: I am not going to ta e up the time of the Senate. I hope, under these circumstances, that the Senate will act on this bill.
Mr. WADE. It is objected that it is very, uncertain what the provisions of this bill are and where it originated, and a great deal of mystery is cast over it. Sir, there is nothing in that. You passed bills today that you never read; that you know nothing about. There is that military bill which not a Senator here, except the gentleman who reported it, knows anything about. You took his word for it; and so it is with most of the proceedings of the Senate at this time. These important bills come in here, and we rely upon the information given us by some 2 or 3 gentlemen who are on a committee of conference; we know nothing about them; and we are very safe in taking their word, for they never do ceive us about it.
Mr. Bmcusu, a gentleman who is perfectly competent to deal with this subject, a very prudent man, carefully tran scribed this bill from the other bill, and in forms as that this is just as it was in the other bill that you are all acquainted with. We know as much about it as we do of anything else. You may give it the go by if you will; but I trust the Senate will consider it.
Mr. HOWE. Allow me to suggest that the rules require this bill to be read at length, and any Senator can take the tariff bill which was before us some time ago, while this bill is bein read, and ascertain while it is being read whetLlier it is atranscript of the other bill or not.
Mr. FESSENDEN. The honorable Senfrom Ohio says that we know as much about this bill as we do about anything else.
Mr. FESSENDEN. “About anything else” was the closing remark.
Mr. FESSENDEN. All I have to say is, that that remark unquestionably is true, as applied to himself, but I will thank him not to apply it to me. Now, sir, what is the argument of the gentleman? Ataritf bill containingsome 8 or 10 pages, not taken from any articular place inQhe tariff bill that was under discussion, if it is taken from it at all, because matters in relation to wool and woolens were scattered all through the length and breadth of that bill, comes inkliere 0n the last day but one before the close of the session, with all these. provisions in it. It is laid on the table; it is not referred to a committee; and it is called up an hour and a half before the time fixed for the adjournment, after we have been up all night acting upon the business of this session, and the demand is made that all other business, to which there is no objection, must sto, if there is any other business, that this may lie taken up and discussed; and on what authority'? There is not 0.man in this body who pretends that he has read the bill or knows what is in it. The gentlemen themselves who are in favor of taking it up and' passing it do not pretend that they know what is in it or that they have read it; and yet the Senate of the U.S. is now called upon to pass an important tariff bill containing all these provisions, many of them intricate provisions, at this time. I have cast my eye over them. Many of them I cannot understand at all, and are entirely new in relation to this matter, not such as we have had before us. But we are asked, on the information that Mr. BIKGHAM, a member of the House, considers it the same bill, to act upon that sort of information, and pass an important bill within an hour and a half of the close of the session.
Mr. HOWARD. I was about to suggest to my friendfrom Maine that we will not take up the bill about which he is speaking, and I beg that we may take a vote upon the motion, so that we may afterward take up the bill distrib uting the rewards among the captors of Booth and the other assassins.
Mr. WADE. Give us a vote upon it. I object to its being laid aside without a vote.
Mr. WILLIAMS. It is argued that this bill ought to be taken up at this time because it is a co y of some portions of the tariff bill. That tarit bill has never been read in the Senate, never been considered in the Senate, and never any part of it approved by the Senate. It never went to the ComFinance. Just as quick as it was brought in from the House a motion was made to postpone it until December next, and it was so postponed. I never examined iIt know. It is no argument to say this is copied from that bill unless the argument is conclusive that because the House has passed a bill the Senate must pass it.
Mr. EDMUNDS. The Senfrom Maine said that no Senator in this body had read this bill. I must correct him as to that fact. I have read it myself carefully, because it interests my constituents. I do not claim from that that the Senate ought to take my say so as to what it contains; but the bill has been of sut‘ficientin terest to me to cause me to study it, so that, so far as my means of action go, [am perfectly ready and willing to pass it. I only mention this to correct the Senator as a matter of fact, but not as asking the Senate to act on my information. '
Mr. FESSENDEN. I was mistaken in my recollection as to the tariff bill when it 1st came in here. Before it was referred to the ComFinance, before any motion was made to refer it, a motion was made to post pone it to the next session of Congress, and it never came to the ComFinance of this body, and has never been examined in that committee. We do not know what is in it. We have had no chance to examine any part of it; and everybod conceded, a great many members of the house conceded and hoped that the ComFinance would examine it and correct its man errors before it was suffered to pass this be y. The argument in favor of ta (ing up this bill is that it is copied verbatim from that bill which we never sawl
Mr. SHERMAN. Oh, no; let us pass the bill about the assassination awards 1st.
Mr. CONNESS. We will not remain long in executive session.
Mr. FESSENDEN. You had better with draw that motion, and let us take a vote on this question. I Mri. ICONNESS. Ifyou will come to avote, wil.
The PRESIDENT prolempore. Is the senate ready for the question?
The PRESIDENT protempera. There is no occasson to renew it. It is already made.
Mr. HOWE. I want to correct the Senfrom Maine, and I want to ask him
The PRESIDENT protempore. The question before the Senate is, Shall the Senate now proceed to the consideration of executive business?
The PRESIDENT protempore. It is not withdrawn.
Mr. CONNESS. I do not wanttowithdraw it if this question is to be further discussed; but if we can come to a vote I will withdraw it. Everybody knows whether he is willingto take this bill up or not.
Mr. SPRAGUE. I move Rilay the peuding motion on the table.
The PRESIDENT protempore. It is not before the Senate in a way to be laid on the table. The motion before the Senate is the motion of the Senfrom California, to proceed to the consideration of executive business.
Mr. CONNESS. I withdraw itif the Senate will come to a vote.
Mr. HOWE. I will give way to a motion to lay on the table.
Mr. TRUMBULL. The bill is not up. How can it be laid on the table?
Mr. SHERMAN. As a question of parlia mentary law any member has a right to move to lay a pending motion on the table, and there is no exception to that except a motion to adj ourn or to go into executive session.
The PRESIDENT protom 0. That was the opinion of the Chair which was given some days since, although with some hesitation and the Chair will continue to follow that decision. The motion of the Senfrom RhdIsland is to lay the pending motion, which is the motion of the Senfrom Ohio to proceed to the consideration of House bill NO. 93, on the table. The motion is not debatable.
Mr. WADE. Let us have the yeas and naya on that question. The yeas and no s were ordered.
Mr. ANTHON.Ibe leave to say that while I presume I am in favor of this bill, I shall vote to lay the motion on the table from the utter impossibility of considering it at this time.
Mr. DAVIS. I am in favor of laying this motion on the table, but I think the motion to do so is utterly unparliamentary, and I shall therefore vote a inst it. The question being taken by resulte yeas 22, nays 11; 17. So the motion was agreed to. nomus wrann. The bill (H.R.No. 818) for the relief of Norman Wiard was read twice by its title.
Mr. WADE. I ask the Senate to put that bill upon its passe e now.
Mr. Wiard is a gentleman, as is wel known to most Senators, who has made great sacrifices on the subject of guns and in his inventions, and very useful ones in, the Navy, which have been of great advantage to the countr. The Government now owe him a large de t and he is sufferin for the want of it. He is a bankrupt and use up. The House, in consideration of the real merits of this man, for what he had one, passed this bill, in a hurry to be sure; but it IS perfectly just, and, as I believe, does not contain a 10th art of the? amount that is justly due him. I ope that the Senate will consider it at once. They may think it is sudden, and they may say they want time to consider it further; and if they do I shall not deny that the re nest is reasonable enough; but I believe that Mr. Wiard is sutferin very much for some portion of the very large debt that is undoubt edly due him, and I hope at this late period of the session this House bill will be suffered to pass. That is all I have to say about it.
Mr. SPRAGUE. I must object to its present consideration.
The PRESIDENT protempore. Objection being made, the bill cannot be considered. iyeas&nays, ollows: ASSASSINATION REWARDS.
Mr. SPRAGUE. I now renew the motion to take u House bill No. 801.
Mr. C NNESS. Has not that bill been reported today?Mr. SPRAGUE. No, sir; yesterday.
Mr. CONNESS. Did it not come from the House today?
The PRESIDENT protempore. The title of the bill will be read. The Secasnnr. A bill authorizing) the payment of the rewards offered by the resident of the U.S and the officers of the War Dept in April and May, 1865, for the capture of Jet’fersonDavis and the assassins of the late President, Abraham Lincoln, and the SecyState, Hon. William H. Seward.
Mr. CONNESS. Is not one objection sufficient to arrest the consideration of that bill today‘?
The PRESIDENT ro tempore. It is not, in the opinion of the hair.
Mr. ONNESS. When did it come into the Senate?
Mr. HOWARD. It came here yesterday, and was referred to the ComMilAdairs, and has been reported back from that committee.
Mr. CONNESS. Was it not reported back today?
The PRESIDENT protempore. The question is on the motion to proceed to the consideration of the bill. The motion was a reed to; and the Senate, as in Committee ot the Whole, proceeded to consider the bill.
Mr. CONNESS. I submit to the Chair whether this is not the same day on which that bill was reported. There has been no adjournment.
The PRESIDENT o tempera. It is not the same, in the recol ection of the Chair.
Mr. CONNESS. There has been no ad iournment. I submit the question as a qu stion of order to the Chair.
The PRESIDENT protempore. The Chair is advised that it came from the House on the 27th of Jul.
Mr. TRUMBULL. I submit that, according to our days, the 27th of July does not expire, unless there be an adjournment, until noon of the 28th. On the 8d of March we continue in session until 12 o’clock on the 4th, and it has been so settled by the practice of the Government, unless there is an adjourn ment. We have had no adjournment, and the Journal will show that all the business we are now doing is done on the 27th. I think that is the way the Journals have always been kept, unless there is an adjournment.
Mr. MCDOUGAL. If thatbe so I should like to understand it definitively. It is a strange thing to me if our adjournment stands on the 27th.
Mr. TRUMBULL. Certainly. It isalways so on the 8d of March. The 8d of March reaches to 12 o’clock on the 4th. The session of today does not begin until 12 o'clock. That is the standing rule of the senate.
Mr. POMEROY. The Clerk corrected the Journal. The Senfrom Maine moved that the Senate take a recess this morning until 9 o’clock, but the Journal was corrected, so that it reads that the Senate adjourned at 7 0’clock to meet at 9 o’clock today; so that this is the next da.
Mr. FESSENDEN. Myy motion was to take a recess from 7 until 9 o'clock.
Mr. HOWARD. I should like to know what is before the Senate. Will the Chair decide the question of order?
Mr. POMEROY. I was in the chair, and the motion of the Senfrom Maine was corrected so as to make it an adjournment instead of a recess. because it seemed to be necessary, as we had agreed to adjourn on to day, that we should have a session today.
Mr. FESSENDEN. The record stands corrected then, does it?
Mr. TRUMBULL. The question as to when the day ends was settled by a decision under Fillmore’s administration.
The PRESIDENT ro tempera. The bill before the Senate will e read.
Mr. FESSENDEN. Before that is done I ask permission to make a report.
The PRESIDENT protempera. The Chair will receive it, if there be no objection. sononcns’ ixconn TAX.
Mr. FESSENDEN. I found in the room of the ComFinance a JtResolution, which was sent there yesterday, entitled a JtResolution (H.R.No. 155) to prevent the further enforcement of the JtResolution No. 77, approved July 4, 1864, against officers and soldiers of the U.S. who have been honorably discharged, so as to relieve them from the further payment of the special 5%. income tax imposed thereby. We have had no time to examine it, and I ask leave to report it back and it may lie on the table, unless gentlemen, in consideration of their love for the soldiers, appeal to us to take it up.
The PRESIDENT protempore. It will lie on the table, no objection being made. ‘
Mr. WADE. I move that we proceed to the consideration of tht bill.
Mr. SPRAGUE. The award bill is before the Senate.
Mr. WADE. Let us pass this bill exempt in pensions from taxation.
Mr. SPRAGUE. This is far more important.
The PRESIDENT protempore. Objection being made, the JtResolution cannot be considered at the present time. ASSASSINATION REWARDS. The Senate, as in ComWhole, resumed the consideration of House bill No. 801, authorizin the payment of the rewards (siztfered by the POTUS, c.
The PRESIDENT protermare. The read in of the bill will be procee ed with. Tdr. HOWE. I will submit a motion which I so pose is in order without the readin of the iiill, and that is, to postpone the further consideration of the bill until the 1st Monday in December next. That motion is in order, I believe.
Mr. SHERMAN. This bill providesfor the distribution of asum of money which was promised by the Government of the U.S. to the captors of the murderers of Abraham Lincoln and also to the captors of JeffersonDavis. The money is acknowledged to be due, and it is due to soldiers every one of whom spent days and nights of faithful labor in earning this reward promised by the Government. The award has been made by the concurrence of the legislative and military authorities after the most critical examination that was ever made of any claim. The bill was passed by the HoRep after a full de bate; and now for us to deny these men this justice, it seems to me, is very harsh treat ment. I have seen within 2 days some of these soldiers about the galleries, who have been waiting here for this little sum of money; in some cases only $250, in some cases $150. One of those soldiers bears 2 wounds upon his body; he is pale and emaciated; he has not got 5 dollars in his pocket; and yet his brain and activity captured Booth; and he is now here awaiting the notion of this body on this claim. I do not believe there is on the Calendar a more meritorious claim to a more deserving set of persons, or a claim as just and well founded as this. I hope that the Senate, as the last act of this session, will do 'Ftice to this class of people. All the beneIt is in ficiaries except one, and thatis Mr. Baker, are men who are oor and need this money, and delay is very arsh and severe treatment to them. Many of them are soldiers of Ohio, Michigan, and Indiana; the greatbody of them, I believe, from the State of Michigan. It seems to me but an act of justice and I hope the Senate will pass the bill. The great bulk of the bill OOHSISL“s, imply of the names of soldiers and the amounts set opposite their names. The bill is not a very long one with the excetion of the list of names, which nobody can desire to have read unless it be for the mere consumption of time.
Mr. HOWARD. I really hope that the Senate will not postpone this bill, butthat they will take it up and pass it. I think simplejus ticc requires that we should proceed with it and distribute the rewards wrich have been honestly earned by these officers and soldiers, so that they may know what is theirs. There are many of them who are necessitous. I am well acquainted with the gentleman to whom the Senfrom Ohio refers. I know him to be a brave and honest and honorable officer. He is deserving of the money; he is now waiting for it; he is poor, languishing even now under the wounds he received in the service, needing this money to pay his honest debts and even to pay his fare to get out of the city. I ho.e the bill will not be postponed.
Mr. HOWE. I have no sort of objection to the amount of this award paid for the capture of Booth and hisaccomplices bein distributed today or tomorrow or any other ay. I have no interest in it and care nothing about it. I do not know but that that award has been care fully cousidered: I do not know but that it is 'just; but this bill distributes another sum of money awarded for the capture of JeffersonDavis.
Mr. SHERMAN. I was about to sayto the Senator that the gentleman who made this report, Mr. DELANO, my colleague in the House, suggested to me that if there was any question about the distribution of the reward in regard to the ca ture of JeffersonDavis, that, which is the bu k of the bill, might be stricken out, if you could do it in time to send it back to the House to concur in the amendment, leaving that dista'bution to come up hereafter. The ersous interested in that award are not here, but at a distance, while the others are soldiers employed about here and lying in wait for this money. If the Senator desires that course, I should be sorry for it, but still I am willing that he should make such an amendment.
Mr. HOWE. If that part of it. can be stricken out, I have no objection to make to the passage of the residue of the bill.
Mr. HOWE. Very well; proceed with the bill and let that amendment be made.
The PRESIDENT protempore. The motion to postpone is withdrawn. The Secretary proceeded to read the bill.
Mr. SHERMA. I suggest that by unanimous consent the reading of the names be dispensed with.
The PRESIDENT protempore. That course will be pursued if there be no objection.
Mr. OWE. Now, if the Clerk can report that part of the bitl which refers to the capture of Mr. Davis I will submit a motion.
The SECRETARY. “For the capture of JeffersonDavis: to private Cornelius Carroll, $166 76"
Mr. HOWE. I move to amend the bill by striking out the words read and all succeeding, including the names of the soldiers who are to share in that award.
The PRESIDENT protemporc. It is moved to amend the bill by striking out what will now be read
Mr. JOHNSON. It is hardly necessary to read all the names. There are' some 2 or 300 of them.
The President T protempore. It is moved that the bill be amended by striking out that portion of it which provides for payments to I the captors of JeffersonDavis.
Mr. SPRAGUE. I hope that amendment will not be made. This reward was offered by roclamation of the POTUS, and the capture was made by 3 or 400 men of the Army, and the award was made prorata. It is a just claim against the Gavernment of the U.S. The reward was solemnly offered, and the award was properly and judiciously made, as I believe. I trust the bill will not be amended.
Mr. HOWE. I understood it was agreed that that should be struck out. I will simpl say to the Senfrom RhdIsland that I have examined the question very carefully myself, and I have the most thorough convrction that only a small portion of the parties who did ca tureJeffersonDavis share in this award. 2 ifferent bodies of men were employed in that arrest, a part of the 4th Michigan eav alry and a detachment of the 1st Wisconsin cavalry. Some 600 men, as I believe, of the 4th Michigan cavalry were employed in the capture of Mr. Davis, and some 100 and odd men of the 1st Wisconsin cavalry. Now, of those who share in the award, the whole of the 1st Wisconsin cavalry is omit ted, and about half of the Michigan cavalry. There are some very remarkable facts connected with this matter.
Mr. SHERMAN. I think there ought to be no controversy about that. The chairman of the ’House committee told me that in regard to the awards for the capture of JeffersonDavis, they took the report of the military commission on that subject, they had not the means of making a personal examination; but I will vote with the Senator to strike thatpnt. if there be objection to it. Let the motion be put, and I I think it will be agreed to. That is a controverted matter. I do not think it ought to embarrass the passage of the rest of the bill.
Mr. HOWARD. In the hope that the bill will pass, even with this clause stricken out, I shall vote for striking it out; but I beg to say at the same time that the claims of the Michigan soldiers and those of Wisconsin have been very fully and thoroughly examined by a Military commission with a view to the distribution of the reward, and this bill is based entirely upon the finding of that commission. I suppose that they examined the whole subject airly and candidly and equitably, and we have before us the result which is contained in the bill. But in order to save something at the present session, I am willing to have that portion of the bill stricken out, so that at the coming session of congress we may call up the subject in relation to the captors of JeffersonDavis. I do not regard this vote as prejudicial in any way to the claims of these men, or as settling the question between the Michigan and Wisconsin soldiers in that behalf, but mereliyilfor the purpose of saving the rest of e.
Mr. MCDOUGALL Without discussing the apestion as to the rewards for the capture of e assassins of the late President, who was mly gersonal friend, I desire to remark that this wh10 e subject has been trifled with. What was promised has not been performed; and men have been compelled to remain here dancing attendance upon the Government who were promised high favors for their achievements. wish to express my sorrow and indignation at the want of prompt action on the part of the Government in doing what they had promised to do, and which they are bound to do, and which they are not doing now upon half of the measure.
The PRESIDENT o temper e. The motion before the Senate is hat that portion of the bill Broposing a reward for the captors of Jefferson avis be stricken out of the bill. The motion to strike out was agreed to. The bill was reportedto the Senate, asamend ed, and the amendment was concurred in. The amendment was ordered to be engrossed and the bill to he read a 3rd time. 'Fhe bill was read the 3rd time.
Mr. DAVIS. I should like some Senator to give the Senate some assurance that Abraham lincoln’s murderer was in fact killed. I have never seen niyselfany satisfactory evidence that Booth was killed.
Mr. HOWARD. In order toprove it demon stratively, erhaps we should be compelled to send for oston Corbett, who shot him. I suppose the honorable Senator is speaking of Booth.
Mr. JOHNSON. I submit to my friendfrom Kentucky that there are somethings that we must take judicial notice of, just as well as that Julius Czesar is dead.
Mr.ness. That would be a big price. [Laughter] ‘
Mr. DAVIS. I have no doubt that the honorable Senfrom California could have had me captured or shot. for $2 60 by some of his myrmidons. [Laughter.]
Mr. ANTHONY. I am happy to relieve my friendfrom Kentucky by informing him that a small part of the skeleton of Booth is in the anatomical museum of the Surgeon General.
Mr. ANTHONY. I do not know how it is identified, but it is certified to be that.
Mr. SPRAGUE. I hope we shall have the question. The bill was passed. On motion 0
Mr. SPRAGUE, the title was amended by striking out the words “JeffersonDavis and.” EXTENSION OF THE SESSION.
Mr. FESSENDEN. I move to take up the resolution which came from the House extending the time of adjournment. It will take some hours to finish the enrollment of bills. The motion was agreed to; and the Senate proceeded to consider the following resolution1 received yesterday from the HoRep: Resolved.(the Senate concurring.)That the present session of Congressbe and hereby is. extended uniil lS‘sturday.the28th instant. at 4 and a half 0 00 p. in.
Mr. FESSENDEN. I am notified by the Clerk of the House that the enrolling of the several hills that have been passed and comparing them, cannot possibly be got through with in less than from 2 and a half to 3 hours. In addition to that, there is a ver large number of bills before the President, an some he cannot get for some hours: so that, in the 0 iinion of the Clerk of the House, 4 and a half o’clock is the earliest hour which we can safely fix for an adjournment. I therefore move a concurrence in the resolution of the House. The motion was agreed to.
Skip Skip APPROVAL OF BILLS. A message from the POTUS, by Mr. Moons, his Secretary, announced that he had approved and signed the following acts and JtResolution: An act (S.No.39) to amend the acts relating to officers employed in the examination of iymported merchandise in the district of NewYork; An act (S.No.43) to reseribe the mode of settling the accounts of p the clerk of the supreme court of the DistCol; An act (S.No.334) to prevent the wearing of sheath knives by American seamen; An act (S.No.353) for the relief of the trustees and stewards of the Mission church of the Wy and otte Indians; An act (S.No.400) to fix the compensation of certain collectors of customs, and for other purposes; An act (S.No.406) for the removal ofcauses in certain cases from the State courts; and A JtResolution (S.R.NO1131) for the tern orary relief of the sufferers by the late fire in ortland, in the State of Maine. NEI'TRALITY LAWS. '
Mr. CHANDLER. I move that the Senate proceed to the consideration of House bill No. 806, in regard to the neutrality laws.
The PRESIDENT protem ore. The Chair is advised that there is no such ibill on the table.
Mr. CHANDLER. The bill was referred to the ComForRel. I move that the committee be discha ed from its further consideration and that it taken up.
Mr. POMEROY. It cannot be considered today if there is an objection.
Mr. SUMNER. do not know whether this motion is made in earnest.
Mr. CHANDLER. It is made in good faith, asI always act.
Mr. SUMNER. The Senator says it is made in good faith. Then I am obliged to say to the Senator that he cannot expect to pass that bill unless after a debate that must extend beyond our session.
Mr. CHANDLER. I am willing to extend the session long enough to give time to pass this bill. I want to use it.
Mr. SUMNER. dare say the Senator is willing to extend the time, but the Senate, I think, will not be willing. Others must be consulted besides the honorable Senator. I am not disposed to enterinto this discussion now, unless it be necessary. I think it is hardly 4advisable for us to open it.
Mr. POMEROY. I hope we may pass some bills that can be done by unanimous consent.
Mr. SUMNER. I think that would be a more profitable employment of our time.
Mr. POMEROY. If the committee be discharged from the bill, one objection will throw it over.
Mr. CHANDLER. Oh, no; we excuse the I S committee for the purpose of proceeding to the immediate consideration of the bill.
Mr. POMEROY. But it cannot be considered except by unanimous consent.
Mr. CHANDLER. this a very iin ortant bill, and I hope we shall pass it. be ore we adjourn. Senfrom TENNESSEE. Mr. JOHNSON. I rise to a privileged question. I move that Hon. David T. Patterson, Senator elect from the State of Tennessee, be permitted to qualify according to e Constitution and laws.
The PRESIDENT protempore. The senator elect will come forward and take the oaths prescribed by the Constitution and laws. Mr. PATTERSON stepped to the desk, and the rescribed oaths having been administered to im, he took his seat in the Senate. ENROLLED BILLS SIGNED.
Skip Skip A message from the HoRep, by Mr. McPnsRsox, its Clerk, announced that The SPEAKER of the House had signed the following enrolled bills; which were thereupon signed by the President protempore: A bill (S.No.138) to increase and fix the military peace establishment of the U.S.; A bill (S.No.265) to protect the manufacturers of mineral waters in the DistCol, and for other purposes; and A bill (H. It. No. 791) to supply deficiencies in the appropriations for the service of the fis cal year ening June 30, 1866, and for other purposes. rnNIAN MEETINGS.
Mr. WILSON. I report back from the comMilAffrs House JtResolution 0. 208, and I ask for its present consideration. By unanimous consent the JtResolution H.R.No. 208) in relation to the use of the oldiers’ and Sailors’ Orphaiis’ Fair building in Washington was considered as in ComWhole. The resolution was read.
Mr. GUTHRIE. I move to lay the resolution on the table. The motion was not agreed to.
Mr. CRESWELL. There is npreamble to the resolution reciting certain facts of which I am entirely ignorant. I ask if any gentleman here can certify that they are correctly recited.
Mr. CltESWELL. That is satisfactory. The JtResolution was reported to the Senate.
Mr. JOHNSON. I ask that the resolution be read for information. I happened to be out for a moment and do not know what it is.
The Secretary read the resolution, as follows: JaiWnhereas this House has been informed that cer ponccable and law abiding citizens. while as semb ed at and within the building recently erected in this city (or the benefit of orphans of doceased sol fliers and sailors of the U.S.situate on the corner of 7th streetand Pennsylvania avenue. hmaavyeorbeenillegally and improperly dispersed by the of this city for the alleged reason that they belon ed to a Fenian organization and thus prevpnte from exercising their rights and privilegesas citizens of the U.S.: Therefore. Be “resolved by the Senate and HoRep of the U.S.A. in Congres assembled, That said citizens are hereby authorized, when ever permittedso to do by The SPEAKER of this House or the President of the caste. to use and to occupy paid building for the purpose of holding public meet tlpicgus lafrolyr every proper and lawful purpose and (par in reference to the liberation of Ireland.
Mr. WILSON. I desire to have this question disposed ofat the earliest possible moment. This resolution came to us from the HoRep, where it was introduced by a Gentfrom the State of Ohio, distinguished for personal character and for rent moderation I refer to Mr. DELANO. Vhen it came here and was referred to the ComMilAffrs, I sent for Mr. DELANO to learn the facts of the case. I learned that he had been waited upon by a deputation of gentlemen who were at this meeting which was broken up or threatened to be broken upin case it did not disperse. The HoRep based its action upon this information. So far as I am concerned, wherever I see any people strug gling for the restoration of lost nationality or for the enlargement of their own individual rights, no matter to what race they belong, I gived them my sympathy and bid them God spee. In regard to the action of our Government.with reference to the late movement in Canada, I do not suppose anybody expected that our Government could do otherwrse than enforce its neutrality laws, but in doing that it should not act in an arbitrary manner or violate the rights of the citizen. I do not know that it did that, but it is charged by many of the people interested in that movement that the same action by our Government was pursued on the Canadian frontier that was pursued in the rebel States during the civilWar. Whether that be so or not I do not know. So far as England is concerned I have not and never had any affection for her. I was never awed by her s lender or charmed by her power. During the four years of our war her influence was against us, and I must confess that when I saw her anxieties during the last few months I did not suffer any on that account. I hope, sir, that the Senate will pass the resolution as it came from the HoRep. I seeno reason why it should not be passed. It certainly can do no harm.
Mr. SUMNER. If the Senator will give way, I should like to move an executive session. There are certain messages that ought to be referred.
Mr. SUMNER. I move that the Senate proceed to the consideration of executive business.
Mr. WILSON. I hope my colleague will allow me to call up and at on its passage a little bill which lies on the table that is of a good deal of importance to many soldiers. I am sure no one will object to it.