Mr. STEWART. I move to take up Senate bill No. 155. It is a bill in regard to the bound aries of the State of Nevada, reported from the ComTerritor It was passed atWl the last session in the same form, and failed l in the HoRep for want of time. I desire to have it passed now. The motion was agreed to; and the bill (S.No.155) concerning.rthe boundaries of the State of Nevada. was read the 2nd time, and considered as in ComWhole. The 1st section declares that, as provided for and consented to in the constitution of the State of Nevada, all that territory and tract of land adjoining the present. eastern boundary of that State, and lying between the 37th and the 42nd degrees of nort lati tude and west of the 37th degree of longitude west of Washington, is herebv added to and made art of the State of Nevada. The 2ndset lion proposes to add to and make 11.art of the State of Nevada all that extent of a territory lying within the followin boundaries: commencing on the 37 t degree of north latitude, at, the 37th degree of longitude west from Washington, and running thence south on that degree of long tude to the middle of the river Colorado oft O West; thence down the middle of that river to the eastern boundary of the State of California thence northwesterly along the boundary of California to the 37th degree of north latitude; and thence east along that degree of latitude to the point of beginning: but the territory mentioned in this section is not to become a part of the State of Nevada until that State shall, throng its Legislature, consent thereto.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a3rd reading, read the 3rd time, and passed. NATIONAL MILITIA.
Mr. WILSON. I move to take up Senate bill No. 111. to provide for the national defense by establishing a uniform militia and organizing an active volunteer militia force through out the U.S. The motion was agreed to.
Mr. GRIMES. The Senfrom Massachusetts has his bill now under consideration, and it will come up as the order tomorrow. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Wnnxssmv, March 14, 1866. The House met at 12 oclock m. Prayer by the Chaplain, Rev. C. B. Borxrox. The Journal of yesterday was read and approved. ORDER 0? BUSINESS.
Mr. WASHBURNE, of Il ine is. I demand the regular order of business.
Mr. SPALDING. I desire to occupy one moment with a personal exlanation.
Mr. WASHBURNE, of Illinois. I have no objection to that. Mr. WINDOM. I object.
Mr. WASHBURNE, of Illinois. Is it not a question of privilege which the Gentfrom Ohio [Mr. Srumso] wishes to present? If so, he has the right to bring it before the House.
The SPEAKER. A question of privilege is one affectin the right of a member to his seat.
Mr. SPALDING. I know that this is not technically a question of privilege; but if the Gentfrom Minnesota knew what it is, I feel confident that he would not object.
The SPEAKER. Does the Gentfrom Minnesota withdraw his objection?
The SPEAKER. The gentleman has the right to object. he 1st business in order is the bill pending at the conclusion of the morning hour yester It is very nearly a ques day and which comes u now as the unfinished business the bill (H. t. No. 298) to amend an act entitled “An act relative to the habeascorpus and regulating judicial proceedings in certain cases, ” approved March 3, 1863. On this question the Gentfrom Illinois [Mr. Coon] is entitled to the floor.
Mr. COOK. I yield fora few moments to the chairman of the ComJudiciary, [Mr. WILSON, of Iowa.] COURT OF CLAIMS.
Mr. WILSON, of Iowa, by unanimous consent reported back, from the ComJudiciary, a bill (S.No.33) entitled “An act in relation to the Court of Claims." The bill, which was read at length, provides that the 14thsection of an act approved March 3, 1863, entitled “ An act to amend an act to establish a court for the investigation of claims against the U.S., ":1 proved February 24, 1855, be repealed; and from the final judgment, or decree, in all cases hereto fore decided by the Court of Claims, of the charactermentioned in the 5th section of the act of March 3, 1863, an appeal shall be allowed to the SCOTUS, at any time within 90 days after the passage of this act, except in such cases where the amounts found due by the court have been paid at the Treasury. The 2nd section provides that the regular session of the Court of Claims shall hereafter commence on the 1st Monday of Decemberin each year.
Mr. WILSON, of Iowa. I more to amend by adding the following as a new section: That at the end of every term of the Court of Claims the clerk of said court shall transmit it copy of the decisionsthereof to the headsof Depts. to the Solicitor. Comptroller and Auditors of the Treasury and the ComrGLO and ofIndiiin Affnirs.to the chiefs of bureaus and to other officers charged with adjusting claims against the U.S.
Skip Skip The amendment was agreed to. The bill, as amended, was ordered to a 3rd reading. was read the 3rd time, and passed. Mr. WILSON, of Iowa, mtRtv the bill was passed; upon the table. Agreed to. PERSONAL EXPLANATION.
Mr. STEVENS. Let me say one word, as the gentleman has referred to me. I regret the misunderstanding took place. When I characterized his resolution at the time I did not know who offered it, or I should havelooked at it more critically. I thought it referred to our bonds and other obligations as well as money. My friendfrom Illinois, [Mr. WENT woarn] whose lead I always follow, thought as I did. When I inquired into the matter I found I was mistaken as to the class of obligations referred to. I believe it did embrace one item afterward stricken out. I crccive injustice has been done to my honorable friendfrom Ohio in the remark I made, and I can only say I regret it very much. Still, having the view of itl had at the time, not taxing money on hand in Pennslvania, as I understand they do in Ohio, I could hardly hclp considering the taxing of “greenbacks” as less than some breach of the law under which we issued them. umsssors sonmsiis and sAitons ASYLUM.
Mr. DOXNELLY, by unanimous consent, introduced a bill grantin lands to the State of Minnesota fortheestablish iment ofan asylum for the reliefofdisabled soldiers and sailors; which was read a 1st and 2nd time, and referred to the ComPubLands. HABEASCORPUS.
Mr. ROGERS. The Gentfrom Keu tacky will permit me to say that, so far as my 1866. TrisgoNGRnssiong. otons. knowledge extends, there was no testimony taken before the committee.
Mr. COOK. There was documentary evidence furnished by Representatives from Kentucky.
Mr. COOK. I would like to ask the gentleman whother there is any difference between this bill and the law of 1833 as to the time a change of venue could be taken. Did not the law of 1833allow it at any time “before trial 2”
Mr. MOULTON. I would like to ask the gentleman a question, if he will allow me.
Mr. HARDING, of Kentucky. I yield to the gentleman.
Mr. MOULTON. Suppose that by an existing act of legislation a man has a cause of action, and subsequently that act is repealed, what becomes of his cause of action, and what remedy has he, if any?
Mr. HARDING, of Kentucky. I hold that no legislation can repeal my right of action. No legislative body has a right to repeal my right of action.
The SPEAKER. The morning hour has expired, and the bill goes over until tomorrow. AMERICAN FISHERIES.
Mr. PIKE. I ask the unanimous consent of the House to offer the following resolution: Whereas the Governors of several of the British Provinces have publicly warned our fishing fleetsotT the fishing groundsadjacent to their coasts and thus Indicated a designto renew the unreasonable claims made by them prior to the reciprocity treaty and to, annoy our peaceablecommerce: Therefore. Resolved, That the SecyNavy be requestedto send sufficient naval force to the fishing grounds to protect our citizens in the enjoyment of their rights. as recognizedby the treaty of 1:83.
Mr. BANKS. I have no objection to the introduction of the resolution if it is to be referred.
Mr. PIKE. I wish the action of the House upon it.
Mr. BLAINE. I suggest to my colleague that he allow the resolution to be referred.
Mr. PIKE. No, I will offer it at another time.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foam 1r, its Secretary, informed the House that the senate had passed without amendment House bill No.154, to further secure American citizens certain privileges under the treaty of Washington. INTERNALREVENUE.
The SPEAKER laid before the House a communication from the SecyTreasury, transmitting a special report of the revenue commission upon the relation of foreign trade to domestic industry and internalrevenue; also on proprietary and other medicines, perfumery, &e., as a source of national revenue; which was referred to the ComWays&Means, and ordered to be printed. TAX 0N MINING CLAIMS. The SPEA KER also laid before the House JtResolutions of the Legislature of the State of Oregon in relation to imposing taxes on mining claims; which were referred to the ComMining, and ordered to be printed. WALLA WALLA COUNTY.
The SPEAKER also laid before the House JtResolutions of the Legislature of the State of Oregon in relation to the annexation of I Walla Walla county, Washington Territory, to Orcflon; which were referred to the ComTerritor, and ordered to be printed. COLORED MUTUAL BUILDING ASSOCIATION.
Mr. JULIAN, by unanimous consent. introduced a bill to incorporate the Colored Mutual Building Association, of the city of Washington; which was read a 1st and 2nd time, and referred to the ComDistCol. GOVERNMENT PRINTING OFFICE.
Mr. WHALEY. Iask unanimous consent to submit the following resolution for consideration at this time: Renoloerl.That the ComPrintg be renestedto reporta bill limiting the hours of labor or the cmnluyesin the Government Printing offico to 8 hours a day. Objection was made. rams EXPOSITION.
Mr. BANKS moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Wilson, of Iowa, in the chair) and resumed the consideration of House JtResolution No. 62. to provide for the expenses attending the exhibition of the products of indust of the U.S. at the Exposition at aris in 1867; upon which
Mr. Wasanunss, of Illinois, was entitled to the floor.
Mr. ROSS. I desire to ask my colleague whether he did not vote yesterday for an appropriatm of $25,000 to pay forprinting a Republican campaign document.
Mr. STEVENS. Oh, no; I will only ask for two.
Mr. THAYER. Will the gentleman allow me to ask him whether he tiinks the chair man of the ComForAffrs could do all that on $1,000 a year?
Mr. WASHBURNE, of Illinois. The reasons which are set forth in that letter in opposition to the section as originally reported apply with almost equal force to the section which i is to be proposed as an amendment and I desire to say here that although I have been compelled to differ with the SecyNavy on many questions, I tender to him the tribute of my thanks for his efforts in attempting to prevent the subordination of his Dept to private and corporate interests. There is another section that I will now advert to. The gentleman in his committee room made some provision about the return of the amount of freight, but as he warmed up in his speech and saw evidences of satisfaction all around him and an apparent eagerness to vote away the public money in this direction, be proposed to strike out that section in which it was provided that the GOVernment should get a ittle money back, so that there would be nothing left of that, and nothing will come back to our empty coffers. Now, sir, I am opposed to this measure for the reasons I have stated, and further on the ground of our relations with the Powers of Europe. Do not members of this committee know that we have been scorned, insulted, and spit upon by every nation of Europe except one during the long and bloody war through which we have passed?
Mr. SMITH. I would like to ask the Gentleman a question just at this point. I understand this Exhibition is open to the world. I would like to know if the gentleman has any information, directly or indirectly, that the republic of Mexico has been invited to be present with her articles of exhibition.
Mr. GRINNELL. Mr. Chairman. my apol ogy for asking the attention of the committee for a few moments is, that the ComAgriculture, of which I am a member.have passed a resolution to the effect that the agricultural interest of the country represented at the approaching Exposition at Paris. I will detain the House but for a few minutes. Let me premise by saying that I cannot follow the eloquent Gentfrom Illinois [Mr. Wasnsuass] in his declaration of war against France because her people are in Mexico. That occasion has not arrived. But I do follow him with all my heart in his just efforts toward retrenchment and reform. I shall go with him to save the peoples money when it can be done. I confess, too, an admiration of that great captain of whom he s oke, and I honor him for his persistanoy in that long devotion to the eatest captain of the worl for which he is istinguished. I hope with him that he is to be, if called by the country, the great leader, the future leader of the American people in time of peace, as he has been in peris of war. Now, sir, I wish to say a word in regard to the invitation of the great French nation to the American people to exhibit the products of their industry.
Mr. SPALDING. Do on propose to 2nd the nomination of ieutenant GenlGrant made by the Gentfrom Illinois [Mr. WASHBURNE] for the next Presidency?
Mr. GRINNELL. I will state, if the time ever comes that GenlGrant shall be nomi nated by the unconditional stand fire portion of the country I will sustain the nomination, as I have no doubt the country will most heartily.
Mr. RADFORD. Does the Gentfrom Iowa propose to discuss the bill before the committee, or does he propOse to make a political speech?
Mr. HARDING, of Illinois. Will the Gentleman allow me to ask him if this is to be understood as a waiver of our demands upon France? I so understand him.
Mr. BANKS. I move that the committee now rise for the purpose of closing debate on this point resolution.
Mr. RICE, of Massachusetts. IVill my colleague [Mr. BANKS] withdraw that motion, and yied the floor to me for a few moments?
Mr. RICE, of Massachusetts. I do not rise for the purpose of debating this JtResolution. I intend to vote for it, because among other reasons I believe it will be. an cconorn ical investment in behalf of the labor and the arts and the industry of our country; and because I believe it will be a great peace maki convention of the nations 0! the earth who shah resentment as an Exhibition.1 congregate at the time and place of this great Exhibition. But, sir, I rose to say a word or 2 upon another point. During the proress of this discussion some criticisms have been offered by different gentlemen upon the action or disposition of the Navy Dept in reference to this Exhibition. My colleague [Mr. has very properly and justly changed the bsAeNckosng section of the bill so as to provide forcallin upon the POTUS instead of the SecyNavy to detail one or more vessels for the conveyance of the products of the industry of this country to France. I think, sir, that it is hardly a just criticism to say that because the SecyNavy has hesitated to detail a vessel for this purpose, be has therefore traveled out of the ine of his duty, or that he has necessarily manifested any disap robation of the employment to which the vesscfor vessels are to be appropriated. Gentlemen will remember that while it is the prov ince of Congress to make appropriations of money for the establishment and maintenance of a Navy Dept, and to make rules for the regulation of the Navy, yet the POTUS is the Commander in Chiefof the Army and the Navy after they have been constituted under the authority of congress. I submit, therefore, that it is not within the rovince of Congress to direct the SecyNavy to order a vessel to any particular service, whether naval or civil, because by the Constitution of the U.S. authority to do that is vested in the President as commander tin Cliief of the Army and the Navy.
Mr. MORRILL. I desire to ask the chair man of the ComNavAffrs [Mr. RICE, of Massacliusetts] and upon his reply my vote may depend whether in his judgment any such expense as that named in the letter of the SecyNavy, that is to say, the snmof $300,000, will attend the employment of a naval vessel for the service proposed.
Mr. RICE, of Massachusetts. el, Mr. Chairman, I can only say in reply to that interrogatory that I do not know how many vessels would be required to perform this service; nor have I gone into an investigation of the probable cost of fitting out those vessels for this purpose. But I will say, speaking from my impressions and from my best judgment, that no such sum as $300,000 would be required to furnish the necessary transportation or the products of American industry designed for the Exhibition at Paris.
Mr. WHALEY. With the permission of the Gentfrom Massachusetts I will say that, in my judgment, the most appropriate action on the part of the Navy Dept would be to send lifty of the best gun boats that America can produce.
Mr. RICE, of Massachusetts. Iwas stating, Mr. Chairman, why, in my view, there is great propriety in the amendment made by my coleague. providing for renesting the POTUS to detail these vessels, in stead of directing the SecyNavy tO do it. There is one other consideration which I wish to suggest. The uppropriations for the naval service are made for specific Depts of that service; and it may be doubted whether money appropriated for a specific object can, by the authority of the SecyNavy, be devoted to some other object for which it is not appropriated. This much I desired to say in defense of the action of the Navy Dept in reference to this matter. I cordially approve of the vessels being furnished for this service. I think that the POTUS has full authority to furnish them. I be e that congress will request him to furnish them; I trust that he will comply with this request; and I hope that such a contribution of American skill and industry will be sent across the water as shall reflect credit on the American nation, and excite, as I doubt not it will, the admiration of mankind.
Mr. WASHBURNE, of Illinois. I desire to address a single inquiry to the Gentfrom Massachusetts, [liln Rica]
The CHAIRMAN. Does the Gentfrom Massadhusetts [Mr. BANKS] yield to the Gentfrom Illinois?
Mr. BANKS.No. sir. In order to termi nate debate, I move that the committee rise. The motion was agreed to. So the committee rose; and the Speakerhaving resumed the chair, Mr. wiLsox, of Iowa, reported that the ComWhole on the state of the Union, having had under consideration the Union genera ly: and particularly House bill No. 52, to provide for the expenses attendin the exhibition of the products of industry of the U.S. at the Exposition at Paris in 1867, had come to no resolution thereon.
Mr. BANKS. I move that when the House shall again resolve itself into the ComWhole on this bill all general debate termi nate in one minute. The motion was agreed to.
Mr. BANKS. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. WILSON, of Iowa, in the chair.) and resumed the consideration of House JtResolution No. 52, to provide for the expenses attending the exhibition of the products of industry of the U.S. at the Exposition at Paris in 1867.
The CHAIRMAN. General debate by order of the House will terminate on the pendingJtResolution in one minute.
Mr. BANKS. I ask that the vote may be taken on the amendment to the 1st section which I presented yesterday.
The Clerk read the amendment, as follows: After linc 7, section one insert: 1st, to provide necessary furniture and fixtures for the properexhibition of the articles and products of the industry of the U.S. according to the plan of theimperinl commissioners.in thntpart of the nildinir exclusively assignedto the useof the U.S., $48,000.
Mr. BANKS. The words which I propose to insert were accidentally omitted from the JtResolution. Mr. Chairman, it was the unanimous opinion of the committee that by the acceptance of the invitation of the French Government to participate in this Exhibition we were bound to made an appropriation to this extent at least. Those who were not in favor of accepting the invitation agreed that we were bound to make this appropriation, having accepted it. With regard to the amount of the expenditure for this exhibition, according to the Officers of the Government, it will amount to about 100,000 dollars, and not a dollar more than that. I will state that, according to the language of the resolution, no one will be authorized in expending more than that sum of money. The pending amendment proposes to appropriate $48,000 to provide necessary furniture and fixtures for the same purpose for which appropriations will be may ob every other Government that participates int is Exhibition. It is to provide tables and cases and other furniture necessary for the pro)er exhibition of the articles and products of the industry of the U.S. on the part of the people who will go there. Our.GOVEXHHICHtwill be, of course, subjected to some expense. We have 6 or 8 times more room in the palace de signed for the Exhibition than we have had in any previous Exhibition. We stand the 8th on the list. We could have had our own space if our Government had been authorized to accept the invitation when tendered. It was only from the delay that occurred that the space was cut down. I hope now that the committee will come to a vote on the pending proposition.
Mr. SPALDING. I desire to ask the mover of this resolution if he is willing to limit the appropriation to $100,000. Mr. BANKS. 1 am perfectly willing todo so.
Mr. WASHBURNli, of Illinois. lhat does not include all the objects in reference to this Exhibition on which the Government will be compelled to expend money.
Mr. BANKS. We only ask for $100,000, and that is all that the bilf proposes to appropriatc.
Mr. SPALDING. I ask the Gentfrom Massachusetts somewhere in the resolution to insert such a proviso .
Mr. BANK. Iam perfectl willingto do so. The question was ttiken and the amendment was agreed to.
Mr. BLAINE. I desire to ask the gentle; man a single question in regard to this appropriation.
The CHAIRMAN. Debate is not in order, as there is no amendment pending.
The Clerk read, as follows: 1st. For the compensationof the principal a cut of the Exhibition in the U.S., whosesa ary for the period of his service shall be at the rate of 8200operannum.
Mr. BLAINE. For the purpose of asking aquestion I move to strike that paragraph out. observe that most of this money is to be exended in Paris. Indeed, it is all to be expended in Paris except the little that it will cost for a few clerks in NewYork city. Now, is it under stood that this appropriation is in currency or in gold?
Mr. BANKS. The appropriation is for $100,000 in the currency of the country.
Mr. CONKLI YG. I move to add at the end of the paragraph which has just been read, after line 11, the following words: Provided. That the period of such serviceshall not exceedone year.
Mr. BANKS. I do not object to that amendment.
Mr. WASHBURNE, of Illinois. Imove to amend by making it 6 months. That certainly is long enough. The amendment to the amendment was disagreed to.
Mr. HARDING, of Illinois. I move to amend by making it 3 months. Mr. Chairman, I submit this amendment to satisfy my sense of duty to my own constituents. I do not expect to enlighten the country by entering into a consideration of all the interests of our people. While I esteem as highly as any gent eman anything that will promote our ha piness and prosperity, still I must be allowe to entertain my own view of this matter. Sir, when I heard the Gentfrom Massachusetts conclude his remarks by the sig nificant announcement that we were to fight the battles of our country in relation to a policy which has burdened the conscience of every member of this House by the solemn declaration of 50 years; when I heard him say, intho conclusion ofhisbrilliant speech, that we should fight these battles with our brains and not with our cannon
Mr. HARDING, of Illinois. Very nearly like it at all events. I say when I heard this, and when I heard the Gentfrom NewYork EMr. RAYMOND] say we should bringabout peace y avisit to the great show at Paris, I thought I knew what it meantand what the country would understand it to mean. They will understand that the enlente cordiale exists between us and France notwithstanding the apparent collision in relation to Mexico; that notwithstanding the Fenians have our sympathy, and Ireland is entering on a warfare or liberty, still we can meet and shake hands with the dignitaries of England at a show in the cit of Paris. Gentlemen may go there iftheyc oose. I will not. I concur with the sentiment of my friendfrom Illinois. I would send a baggage wagou "1 order to inform the soldiers who seek to be looked at by the representatives of the royal families of.urope that we would much mg" to see them in the longline of battle!" You may talk about ignoble economy. Ay, talk about it when you have turned away 100s of niy constituents with their broken limbs and maimed bodies under the ignoble pretense that on had not the money to pay them. I ere the hammer fell.]
Mr. HARDING, of Illinois. Do not interrupt me for I do not write my speeches. [Laughter]
Mr. 3ANKS. I am opposed to the amendment of the Gentfrom Illinois. An agent at NewYorke is absolutely necessary to make arrangements for the transportation of any articles that may be sent. I think a years limitation of time is proper, but I do not think that 3 months is sutiicient.
Mr. BANKS. Before I took any part in the consideration of this question, it occurred to me that it might be asked what effect it would have asto Mexico, and I aplied to the leading friends of the republic of.Iexico in this city and in NewYorkto know what their Opinion was as to the effect upon the interests of the republic of Mexico, and in every instance I received an unqualified answer that it was for their interest as it was for ours that our government should be represented to the fullest extent in that Exhibition:
Mr. WASHBURNE, of Illinois. How is it with the Mexican minister?
Mr. BANKS. I have heard nothing from him, sir. I speak of the friends of the republic of Mexico. I undertake to say when the question between this country and France and this country and Mexico shal come before the House from the ComForAffrs, neither the Gentfrom Illinois nor any other member of the House will be left in doubt whether the committee will be disposed to maintain the rights of this country or not.
Mr. SMITH. I move that the committee rise. The motion was disagreed to.
Skip Skip The question being taken on the amendment to the amendment, it was disagreed to. the question was then taken on the amendment 0? Mr. Coxxuxn, and it was adopted.
The Clerk read the following: 2nd. For the compensation of 4 clerks in NewYork and 4 clerks in Paris. whosesalaries shall be as follows: one at $1, 600o, ne at 81, 400 and 2 at 51.21leoach.
Mr. WASHBURNE, of Illinois. I move to amend so that it shall not exceed 6 months. There is no reason why the 4 clerks in NewYorkand Paris should be employed for an entire year.
Mr. BANKS. I do not object to a limitation for a.year, but I do object to a limitation for 6 months. I hope the amendment will not prevail.
Mr. wASHBURNE, of Illinois. You appropriate money to ay these men for one car when they will on y be employed for t ree months.
Mr. DARLING. I move proforma to strike out “$1, 200” and insert “ $1, 300.” This section does not say anything as to the time for which these clerks are to be employed. It seems to be the intention of the committee that these gentlemen shall receive the sums in dicated whether they are employed for 6 months or one year. That seems to me to be im.roper. I withdraw my amendment. Mr. BANKS. I move to amend the amendment by striking out sixmenths” and insert in&“ one year.
Mr. STEVENS. I think the Gentfrom NewYork EMr. DARLING] is right. There is nothing in t iis section as to the time for which these clerks are to be employed. The hour of half past 4 oclock harin arrived, the Speaker resumed the chair; an the House, in pursuance of order, took a recess until half past 7 oclock p. m. I withdraw my EVENING SESSION. The House reassembled at half past 7 Oclock p. m.
Skip Skip LEAVE OF ABSENCE. Mr. MERC UR. I ask leave of absence for my colleague, Mr. KELLEY, until Saturday next. There was no objection, and the leave of absence was granted. Mr. ROSS. I ask leave of absence for Mr. DEXISOX, of Pennsylvania. There was no objection, and the leave of absence was granted. Mr. LONGYEAlt. for myself for ten days. There was no objection, and the leave of absence was granted. WITHDRAWAL OF PAPERS. On motion of Mr. MERCUR, leave was ranted for the withdrawal from the files of the House of the papers in the case of Hancock and Foley. MICHIGAN RAILROAD GRANT.
Mr. LONGYEAR, by unanimous consent, introduced a bill to extend the time for the reversion to the U.S. of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay in the State of Michigan; which was read a 1st and 2nd time, and referred to the ComPubLands. WINNEBAGO RESERVATION. On motion of
Mr. HUBBARD, ofIowa, the bill of the Senate No. 121, to provide for the enlargement of the Winnebago reservation, in the Territory of Nebraska, and for other purposes, was taken from the Speakerstable, read a 1st and 2nd time and referred to the ComIndAffrs. ENROLLED BILL SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the committee had examined an found truly enrolled an not (H.R.No. 154) to further secure American citizens certain privileges under the treaty of Washington; when the Speaker signed the same. TAXES 0N CAB THEN and HACKMEN.
Mr. DARLING. I ask the unanimous consent of the House to offer the following resolution: Resolved, That the committce of Ways&Means be instructed to inquire into the expediency of providiuiI by law for the repayment of taxes paid in error y cartmen and hue men under an erroneous construction of the internalrevenue law.
Mr. STEVENS. I would inquire if the Dept have not that power now?
Mr. DARLING. I believe not. I understand that they refuse to pay back this money. The people of this class are very poor, and this tax falls very heavily upon them.
Mr. STEVENS. Iain inclined to think they have the power now.
Mr. D. RLING. This is merely a resolution of inquiry.
Mr. STEVENS. I know they have recently repaid to the banks that which the courts in Pennsylvania decided that they had paid in error.
Mr. DARLING. They may be willing to ny back to rich banks, but Iwant them to pay liack to these poor parties. The resolution was received, and agreed to. MILWAUKEE, wrscossm.
Mr. PAINE presented resolutions adopted by a meeting of the citizens of Milwau ee, Wisconsin, approving the course of Congress; which were referred to the JtComReconstruction. TAX ON LEAF TOBACCO.
Mr. TRIMBLE presented the following JtResolutionsotthe General Assembly of the State of Kentucky, remonstrating avainst the tax on leaf tobacco; which were rea, referred to the I ask leave of absence ComWays&Means, and ordered to be printed. 1. ltcaolvnrlby the generalAnumbly of the Commonwealthof Kentucky. That the effort now being made by certain manufacturers.dealers, and speculators in tobaccoto induce Congressto remove the present tax on manufactured tobacco and ilacc it on the leaf in the hands of the producer, M i. if successful, in the opinion of this General Assembly. be disastrous and ruine us in its ctfectupon the tobacco interest of the country, and will greatly lcssen the production of this important staple in the State and elsewhere.therebycuttingnff a prolific sourceof rov enue. both State and Federal and in many ways permanently injuring the production by planters of this most important sourceof national wealth. 2. That the General Asscmbly respectfully but earnestly remonstrnte With Congressagainstthe proposedtax on leaftobacco and our Senators and members of Congress are requestedto usetheir influence and vets against any law of the kind that may be propose. 3. That a copy of theseresolutions be sentto each of our Sens&Reps Congrcs. A Speaker of the Iinme of llcprmenlrriiocl. RICgIApeHuEeD 1.IACSOenBa, te. Approved Janusry 24.1866. r M THOMAS E. BRAMLETTE. Governor of Kentucky.
Skip Skip LEAVE OF ABSENCE. Mr. J. L. THOMAS asked and obtained leave of absence for his colleague, Mr. PHELPS, for tomorrow. Mr. LEBLOND. I desire to state that the Gentfrom Wisconsin. Mr. ELDRIDGE, has been for 2 days past confined to his room by illness. Pnixrixo of TESTIMONY.
Mr. WASHBURNE, of Illinois, from the JtComReconstruction, reported additional testimony taken by that committee; which was laid upon the tab c, upd ordered to be printed with the testimony heretofore reported by that committee. KITTANNING BANK.
Mr. HUBBARD, of WestVirginia, from the ComBanking&Currency, made an adverse report upon the petition of the Kittan ning Bank of kittannin", Pennsylvania. for conversion into a nationaI bank or relief from taxation as a State bank; which was laid upon the table, and ordered to be printed. B. BIBO. On motion of
Mr. PERHAM, the ComInvalidPens was discharged from the further consideration of the ietition of B. Bibo; and the same was referred to the ComMilAffr. EQUALIZATION OF BOUNTIES. On motion of
Mr. PERHAM, the ComInvalidPens was discharged from the further consideration of the petition of soldiers of Erie county. NewYork, for equalization of bounties; and the same was referred to the ComMilAtfairs.
Mr. PERI IAM. The ComInvalidPens, to which was referred the petition of 10,000 citizens of the State of Indiana for bounties and increase of pensiOns. have instructed me to report that the committee have provided for so much of the subject of the petition as relates to increase of pensions by a bill which has been presented; and they have further instructed me to move that so much of the petition as relates to bounties be referred 10 the ComMilAffrs. The motion was agreed to. EXTRA PRINTING OF.DOCUMENTS.
Mr. LAFLIN. I ask unanimous consent to submit the followmg resolution foi action at this time: Resolved.That the Committeobn Printing be instructed to inqure into the expediencyof the passage of a JtResolution prgvidin: that no resolution or dering the printing of extra copies of books, documents.reports or another thing to be printed at the public exponse wion the estimate cost shall 01 cced the sum of SltlJXXlshall be passedexcept by the action of both Houses of Congress.
Mr. GRIDER, by unanimous consent, introduced a bill granting a pension to T. Kirby which was read a 1st and 2nd time, and referred to the ComInvalidPens. iius. Junta FRANCIS. On motion of
Mr. PAINE, the ComInvalidPens was discharged from the further consideration of the petition of Mrs. Julia Francis fora pension; the ComPensions having decided since the petition was referred to the committee to grant her a pension. QUARANTINE IN NewYork.
Mr. TABER, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Renofvell, That the Sceretar of War be directed to communicateto this House w mt effect.in his opinion. will be producedon the navigable watersof NewYork harbor by the erection of a quarantine station on the shoal known asWest Bank in said harbor; and wwihlletnhoetr such location, owmgto its exposed situation rende rit impracticableto erectthe docksand wharves required tor such a station at which vessels may be safe y moored. FISHERY and WATER CULTURE.
The SPEAKER laid before the House the following message from the President: To the Senate and HoRep: I transmit, for your consideration, a copy of a communication from the minister of the U.S. at Paris, in regard to a proposed exhibition of fishery and water culture to be held at Archacon, n.ear Bordeaux, in France, in July next. AndrewJohnson. WASHINGTON, March 12, 1866. On motion of Mr. BANKS, the message and accompanyingdocument were referred to the ComForAffrs, and ordered to be printed.
Skip Skip MESSAGE FROM THE SENATE. Amessage from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had agreed to the amendment of the House to the bill (S.No.33) in relation to the Court of Claims. It also informed the House that the Senate had concurred in the JtResolutions (H.R.No. 84) for the relief of the sufferers by the late explosion at the U.S. arsenal in the DistCol. It also announced that the Senate had passed bills of the following titles, in which the concurrence of the House was requested: A bill (S.No.126) entitled “ An act granting lands to aid in the construction of a railroad and telegraph line from the city of Placer ville. in the State of California, to the most feasible point of intersection with the Pacific railroad in the State of Nevada. A bill (S.No.105) entitled “ An act to grant the right of way to the Cascade Railroad ompany through a military reserve in Washington lerritory;” A bill (S.No.181) entitled “An aetfor the relief ofEmma J. Hall;" and A bill (S.No.155) entitled “An act concerning the boundaries of the State of Nevada." REV. P. R. VANHONTON. Mr. DELANO, by unanimous consent, submitted, from the ComClaims, an adverse report upon the memorial of Rev. P. R. Van Honton, of Tennessee, for compensation for, property destroyed by the Union Army during the late war; which was laid on the table, and ordered to be printed. JETHRO BONNEY.
Mr. DELANO, by unanimous consent, also submitted, from the ComClaims an adverse report upon the petition of Jethro on ney, of NewYork, for compensation for loss and destruction of property at the battle of Plattsbnrg in 1814; which was laid on the table and ordered to be printed. FRANCIS A. GIBBONS.
Mr. DELANO, by unanimous consent, reported, from the ComClaims abill or the relief of Francis A. Gibbons, of Baltimore, Maryland; which was read a 1st and 2nd time, ordered to be printed, and, on motion of Mr. DELANO, recommitted to the ComClaims. PARIS EXPOSITION Again.
Mr. BANKS moved that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resolved itself into the ComWhole on thestate of the Union, (Mr. WILSON, of Iowa, in the chair) and resumed the consideration of House JtResolution No. 52, to provide for the expenses attending the exhibition of the products of indust of the U.S. at the Exposition at aris in 1867. The pendin question was upon the amendment of Mr. ANKS to the amendment of Mr. Wisrinuimu, of Illinois. The amendment of Mr. Wssnnnmvs, of Illinois, was read, as follows: Insert at the end of line 15 on page 2, the followln 7 Progicled, That the period of their services shall not exceedsix months.
Mr. BANKSS amendment to the amendment was read, as follows: Amend the amendment by striking out “6 months" and inserting “ one year.”
Mr. CONKLING. I think that the movers of these amendments will find, on examining the section, that neither of the amendments will accomplish the purpose contemplated. The amendment to the amendment was rejected.
Mr. CONKLING. Imove, as an amendment t“o the amendment, to insert after the words as follows ” in the section, the following words: At the rate of 8LM perannum: Provided, That the term of service and compensationof such clerks shall not exceedone year. I wish to say that my colleague was right in suggesting that, as the bill stands, these clerks are to be paid $1, 600 or $1, 400 whether they work 3 days or 3 weeks or 3 months or 3 years a proposition certainly unjust either to them or to the Government unjust to them if their term of service should be longer than is anticipated; unjust to the Government if it should be shorter. I think, Mr. Chairman, that $1, 200 a year for all these clerks, both those who are to remain in NewYork and those who are to make the tour of at least a part of the continent at the public expense, is sufficient compensation.
Mr. DARLING. Mr. Chairman, $1, 200 may be enough for the clerks at Paris, but it is not enough for the clerks at NewYork city. The latter have not the attractions and the privileges which surround the former. We ought therefore to make a distinction between them, if there is to be a reduction of the salary fixed by the JtResolution. I do not regard the salary of $1, 400 as too much for clerks at NewYork. The clerks at Paris will be one bled to enjoy all the attractions of the Exhibition at Paris, while the clerks at NewYork will have nothing but hard work. I therefore oppose the amendment of m colleague.
Mr. FARNSWORTH. I hat are the clerks in NewYork to do while the Exhibition is going on at Paris?.
Mr. DARLING. I am not a member of the ComForAffrs, and do not propose to go into a general discussion of the JtResolution. I can only ive m mere opinion. I suppose the clerks in ilew ork are to take an account of the names of the exhibitors and the goods and their character which maybe sent to this French Exposition. It is necessary to have a clerical force there, and the provision is in entire harmony with the rest of the JtResolution.
Mr. BANKS. I desire to say a word. The clerks in this country willhave to carry on a correspondence with all of the States of the Union, and with exhibitors applying for space for the exhibition of their goods. There is a large amount of clerical work to be done. They have to arrange in reference to the space, to keep a record of the goods and exhibitors, and other work. There will be abundance of work both for the clerks here as well as those in Paris.
Skip Skip The question was taken on Mr. CoxxLixos amendment, and it was agreed to.
Mr. ONEILL. I move to amend by adding a proviso to the end of the 15th line of the 1st section, that the clerks to be appointed shall not be selected exclusively from the State of NewYork. Mr. Chairman, I am in favor of the general details of this JtResolution, and believe the country will fully indorse its pass ageby congress. We represent a peoplb skilled in the mechanical arts, devoted to industrial pursuits, and very apt at invention, who do not fear to compete With the whole world. There will be great anxiet as the time for holding this international xhibition draws near among many of our inventors, if the means are afforded them which the chairman of the ComForAffrs designs shall be, to send abroad their inventions, who perhaps would not be able to do so unless the Government furnished vessels for transportinv them. Iam satisfied that men of science and, taste and cultivation and those engaged in mechanical and agricultural pursuits are looking forward to the passage of the JtResolution, and I am sure t iat the expense to be incurred will be so small in comparison with the benefit to be derived that our favorable action today will be highly commended. I will ask the Clerk to read the petition of the students of the Polytechnic colege of the State of Pennsylvania, which has been sent to me. They are young gentlemen from many of the States of the Union, who, to a great extent, after having passed through a collegiate course, are now pursuing scientific studiesand perfecting themselves in certain branches of the arts. Their petition covers the whole ground, and I ask for it the attention of the House.
Mr. ONEILL. As there appears to be "0 desire upon the part of the gent emen who have introduced this JtResolution to {110"0901129 the offices to be filled, I will now Withdraw in! amendment.
The Clerk read, as follows: 3rd. For the compensation of professional and scientific comiiiissmiicrs, ten in number, at. the rate at"$1,000each perannum, 510,000.
Mr. CONKLING. I move to strike out “ten” and insert “ 3. ” Mr. Chairman, having listened to this debate, and given some consideration to this subject, among all the parts of this comlicated machinery. the necessity for which fdo not see, is this proposition to send ten scientific commissioners to observe and report, as some gentlemen say, what takes place at this exhibition. I cannot stretch my credulity so far as to doubt that 3 men of science sufficiently diversified can be found in this country to go there and see, appreciate, and report properly everything noteworthy. If 3 cannot do it I feel very clear that ten will not be able to do it. Although I do not forget that the Exhibition has been marked off on paperinto groups, I do not think it necessary to select acommissioner to view each group and then make a report on that.
Mr. BANKS. Upon the statement of the Gentfrom NewYork I do not object to the amendment he proposes, but he misap rehended entirely the nature of this object. The 1st dut of these commissioners will be to Represent the interests of this country. Thatis to be done by public lectures on every interest that can be presented affecting the pros crity or exhibiting the power and resources oft is country. Wc want, therefore, men who are not only capable of making such an exposition of the general interest of the country, but men wholitnow from practical acquaintance the resources of different sections of the country and in what manner they should best be presented. That view of the case alone is sufficient to jus tify the appointment often commissioners. We want commissioners to represent the interests of this country in a great variety of as ects which cannot be done by one, 2, or 3 individuals. In addition to that, it is the further dut of these commissioners to study carefully on report intelligentiy the results of this Exhibition to the people of this country. It will be done in a series of papers, occupying, as was the casein the London Exliibitionpf 1851, a report of 2, 3, or 400 pages, making a brief and complete representation of the results of this exhibition of the industry of all nations, deducing therefrom advantages to be derived in the progress that may be made in our own country.
Mr. CONKLING. If, without trespassing, I could make a suggestion, I would like to ask if these scientific men are to perform a missionary service in France and urope. In or der that the Continent may be permeated with our ideas and made to comprehend the resources of the country, I thin the best thing would be to strike out all after the enacting clause in this bill and insert in lieu thereof the speech of the distinguished Gentfrom assachusetts, [Mr. Burns] such a motion, I think, would carry this committee. I believe that would convey to all these French men, and everybody else, an idea of the resources of this country, material and otherwise, better than is to be done by sending out. ten scientific missionaries to proagate our gospel of resources, as is proposed by this bill. The amendment to the amendment was with rawn.
Mr. BANKS. I rise to oppose the amendment. I am sure thatifgentlemen will reflect in regard to the persons to be selected they will not ask to reduce the number. I will take Professor Agassiz. There is no man that can so well represent as, or with so much benefit to our industry. In NewJersey there is professor Guiot, who has madea careful scientific study of the range of mountains in this country running from the northeast to the south west. There are others who are familiar with the scientific capacities and resources of the Mississippi valley. There are others in the lake region. Then on the Pacific side there are persons that can be selected who will confer an everlasting benefit upon the people of this country if they are authorized to speak. The expense is but trifling $10,000 at the outset for the services of ten of the ablest men that the continent ofAmerica can afford.
Mr. BANKS. I have named such as have occurred to me.
Mr. STEVENS. I did not fully understand the object of this. I understand now it is that we are to send out school masters to open schools and teach the French people. Why not make them pay tuition?
Mr. BANKS. It is not for an such purpose as the gentleman specifies. T atis rather elow the dignity of our Government.
Mr. LEBLOND. I now offer an amendment to the amendment by adding one commissioner from each State. If we make that addition, then every member who votes for this bill will do it with the hope that he will be that fortunate person; and With that inducement I presume the point resolution will pass.
Mr. SPALDING. Does the gentleman mean to include the lately rebellious States?
Mr. SPALDING. That is right; send good specimens of the rebels.
Mr. HARDING, of Illinois. Idesireto make a suggestion to the Gentfrom Ohio, [Mr. LE LOND.] I have understood that some prearations are being made for this journey to rance, which may be unneecssa if this matter is properly understood, as I anderstand it. I suggest that an amendment be made that no member of Congress be appointed commissioner.
Mr. HARDING, of Illinois. I suppose this office would come within the constitutional provision which forbids a member of Congress from holdirian office created or the emolu merits of which have been increased by action of the Congress of which he is a member.
Mr. LEBLOND. Does the Gentfrom Illinois EMr. Hxnnnvo] propose that no member of (Jongress, “without regard to race or color, ” shall be uppointed commissioner? [Laughter] If so, I fully agree with the gentleman.
Mr. BANKS. Imove that the committee now rise for the purpose of closing debate on this section.
Mr. BANKS. If a vote can be taken now I will withdraw m motion.
Mr. LEBLON. I withdraw my amendment to the amendment.
Mr. conKLING. At the suggestion of the gentleman who has charge of this measure, I will modify m amendment so as to make it “5” instead of “ 3. ” On agreeing to the amendment there were ayes 49, noes 51. Mr. WASHBURNE, of Illinois, called for tellers. Tellers were not ordered. So the amendment was rejected.
Mr. GRINNEIJL. I move to amend by inserting after the word “number” the words “to be selected from different sections of the country.”
Mr. BANKS. That is right; we will agree to that.
Mr. GRINNELL. The number now provided for is ten. I desire to obviate the objection which has been made that these men will all be selected from oneportion of the country.
Mr. CONKLING. oppose this amendment, and I desire to say that if there is one thing more certain than another to degrade this commission, to prevent it from realizrng in its character the ideal of the Gentfrom Massachusetts, it is the provision requiring the appointment of ten men. We know that it wi I be impossible to find ten men of the qualifications ascribed by the gentlemen, who can all consent, for any such compensation as that provrded, to leave this country and remain the requisite time abroad and now, if you provide that these men must be selected as political candidates are sometimes selected in a State convention, according to the claims of localities, so that one must be taken here, another there, and a 3rd somewhere else, merely for the sake of disiersing them geographically, it seems to me tint thus, more than in any other way, you will insure the selection of unsuitable men. I will sufigest further for the consideration of the Gentfrom Massachusetts, whether he does not know that if men are to be selected to serve in this capacity, to authorize the statements which are to be made to this country and the statements which are to be made abroad, the sending of ten men will so far diffuse and divide the responsibility that the work of the commission will be in a great degree every bodys business and therefore nobodys business. The work will not be done so well as if there were 3 or 5 men instead of ten. I make this suggestion as a practical matter with a view of obviating the defects of the bill, for if the measure is to pass I trust that it will be made as efficient as possible, and will be relieved as far as may be of the excrescences with which, in my view, it is now marred.
Mr. BANKS. Unless the committee agrees to take the question on this section I shall move that the committee rise.
Mr. SLOAN. I have an amendment to offer. I move that one commissioner from each State represented in Congress shall be appointed by the Governor of that State. If the object of this provision is to have the resources and the condition of the country represented at this Exhibition, it can be done more carefully and more ustly by having one commissioner from each State represented in Congress than in any other way. Now, sir, for myself I do not believe it is very necessary to send commissioners to this Egibition simpl to tall; up the great resources of this country. I do notthink the greatness of the American people has been underrated in Europe. They give us full credit, and whatever may be said in reference to talking up the resources of the countr, I do not think it will add much to that or it. My proposition of one commissioner from each State represented in Congress will afford an equal and just representation.
Mr. RAYMOND. Mr. Chairman, I desire to say one word in opposition to this amendment. As I endeavored to explain in my remarks this afternoon, these ten commissioners are to be appointed, if at all, for the express purpose of bringing their scientific and practical knowledge in the different duties intrusted to their care to bear upon the different groups of industry exhibited there, and report the results to the country. I need not say to the House that scientific knowledge, mechanical knowledge, practical knowledge in every Dept, is aasolutcly requisite to qualify any man, in reporting from that Exhibition to the people of the country, to give them any instruction whatever. Take the group of line arts, or better still of mining, in rerd to which more is known in Europe as to its practical details than we know here. We want nalified men to ascertain what has been accomp ished what has been brought to light, and to report that to the people of this country, so that they may practice it in their application to mining. If the Governor is to appoint men, instead of men with scientific knowledge we will have prominent politicians who will bring us back nothing but the loss of the money they have taken for their salaries. Ifwe are to have a practical result, let us tak men qualified to go there and report to us. it is far better to send one man for each group. If we do not do that it is not necessary to send any at all. I want the House to vote on the practical necessity and not from political feeling or local jealousy.
Mr. SLOAN. Many of the States have already a pointed commissioners.
Mr. RX MOND. Well, let them be appointed in addition to these.
Skip Skip The question was taken on Mr. Stosxs amendment, and it was rejected.
Mr. BANKS. I hope the amendment of the Gentfrom Iowa will be adopted.
Skip Skip The question was taken on Mr. Garnnsnns amendment, and it was adopted.
The Clerk read, as follows: Four. Forthe erection of an additional structure which may becomenecessary, or the proper exhibition of any of the material products of the U.S., the sum of 550.00oprovided, That 1/2 the cost of said structure shall be assessedupon the owners, proprietors or exhibitors of the articles and products for the exhibition of which it is erected, and good and sufficient guaranteestaken for thereinr sursement thereof to the Treasury of the baited totes.
Mr. BANKS. The object of this section is to enable us, if we require it, to obtain additional 5 see. pMr. WASHBURNE, of Illinois. What is the question before the House?
Mr. BANKS. Iine ve to add at the close of that paragraph these words: In such form and subject to such approval M the SecyTreasury shall direct. I offer this at the suggestion of the Gentfrom Vermont. It is to make the security to be taken more satisfactory than it is as the section now stands. The object of the section is this: in case more s ace is wanted than is pass ned, it provides that an outside building she I be erected in the adjoining park. Belgium has appropriated money for a similar purpose. It is further provided that the exhibitors shall ay 1/2 and the Government the other half, and that the sum shall not exceed $50000.
Skip Skip The question was taken on Mr. Banxss amendment, and it was agreed to.
Mr. WASHB URNE, of Illinois. I move to strike out that 4th paragraph providing for the appropriation of $25,000. [do not see why we should go over there and build buildings in order to make our exhibition.
Mr. PAINE. I move to amend the para graph which the Gentleman has moved to strike out, by adding thereto the following: Prov rlrdalso That the proceedsof thesalt!Of 1I" said structure shall be paid into the Treasury of the U.S.
Mr. BANKS. I have no objection to that. The amendment was agreed to. The motion of Mr. Wasunusss, of Illinois, was not agreed to.
Mr. WASHBURNE, of Illinois. I propose to move another amendment which, think, will meet with the unanimous approval of the committee. I propose to strike out in line 23 the words “one half, " so that it will read: That the costofsaid structureshallbo assessedupon the owners. kc. Let those parties who have the benefit of the structure ay for it.
Mr. ST"VENS. That would not amend it at all. It would leave the appropriation of 525.000 in. I think this whole section ought to be stricken out, or else let the exhibitors pay one half. As I understand the bill now it provides an appropriation of$125,000 altogether.
Mr. BArlS. No, sir; the $25,000 for the structure is included in the $100,000. The Gentfrom Ohio [Mr. SPALDING] will propose an amendment limiting the expenditures under all circumstances to $100,000, to which I shall agree. The $25,000 is included in the 8100.000.
Mr. BANKS. An amendment such as I have indicated will be offered by the Gentfrom Ohio, [Mr. SVALDING]
Mr. SPALDING. I propose to offer that amendment at the proper time. The question was to {en on the amendment proposed by Mr. wASHBURNE, of Illinois, and it was not agreed to.
Mr. CONKLING. I move to amend the paragraph by inserting after the word “structure ” the words “including such fish ponds as may be necessary for the exhibition ofAmerican fishes.”
Mr. BANKS. I rise to a question of order. That amendment is not applicable to the bill.
Mr. CONKLING. I do not see that the amendment is out of order. I submit to the Chair whether it is oris not. I do not see wh we should not be permitted to carry our fis there.
Mr. BANKS. I think that is inapplicable to this section.
Mr. CONKLING. M motive in offering this amendment is to cal the attention of the committee and of the distinguished Gentfrom Massachusetts [Mr. Basss] to a message which has just come in from the POTUS, and which Ihold in my hand, dated March 12, 13410t, ransmitting a very volu mine us correspondence, which I have not been able to read, showing the pressing necessity of our participating in an exposition of “fishery and water culture” which is to take place in July within one hours ride by rail of Bordeaux. The package of papers accompanying the message is so imposing and elaborate, and so imressive in some of its statements, as almost to end me to believe that this is the real.Exposition and that the Parisian affair is rather a side show. [Laughter]
Mr. BANKS. A discussion on this subject is not in order. That message has been referred to a committee of this House, and it cannot be debated or acted on at this time. by Mr. CONKLING. I do not propose to debate it.
The CHAIRMAN. The Chair supposes that the gentleman merely refers to it as a part of 1118argument.
Mr. CONKLING. Certainly; I merely use itas part of my remarks. I want especially that my remarks shall show what this paperrecites, that “in view of the fact that the people of the U.S. are more extensively engaged in cod, whale, and oyster fishing than the people of any other nation, " it is of prime importance to them that they participate in this Exposition. As my time does not allow me to read all 2; document, and as the Gentfrom I think it ought to be Massachusetts does not like me to talk about it, I beg to assure the committee that I have examined it far enough to see that it holds out very tempting inducements indeed, so that I fear that the machinery so economically and properly devised in the resolution now before us will have to be duplicated in order to embrace the great and obvious benefits which up ear in this proposition. ow, I am not sure that it can be carried into this section by the amendment I offer providing for fish ponds for the exhibition of prod ucts of this kind, but I hope the amendment may be of some avail at least in the way of suggestioh, and that the inventive genius of the same gentlemen who have given us this measure will enable them to carry out the idea practi cally, so that we may embrace both objects at once.
Mr. STEVENS. What kind of fish does the gentleman moan?
Mr. CONK LING. Cod fish and whale; es ccially whale.
The CHAIRMA [Laughter]. Does the Gentfrom NewYork insist on his amendment?
Mr. CONKLING. No, I will withdraw it, unless some gentleman wishes to speak upon it.
Mr. LEBLOND. Does the Gentfrom NewYork withdraw his amendment?
Mr. CONKLING. I said that whether I withdrew it or not would depend on whether any gentleman wanted to speak to it. Mr. LEBLOND. I hope the gentleman will not withdraw it.
Mr. CONKLING. I will not if the gentleman wishes to o ose it.
Mr. LEBLOND. Oh, yes, sir; because I oppose the whole bill. I do not propose to de bate it; but I hope the gentleman will insist on his amendment and let us take a vote upon it. I believe that one of the great arguments of the gentleman who introduced this JtResolution in its favor is that we shall exhibit to the Old World all the facilities we have here for making money and for eas and cheap living. Well, certainly one of the greatest induccments we can offer to the people of the Old World to emigrate to this ceiintry and we need laborers isthat they can live here cheaply because we have fish in abundance, and even frogs and I hope the gentleman will provide also for a place in which to keep frogs, or there are certain portions of this country that produce them in great abundance.
Mr. LEBLOND. Yes, certainly other reptiles, and I suppose you would not have to go out of this Hall to find them. [Laughter]
Mr. LEBLOND. Yes and “niggerheads, ” and make proffer of them to the European people as an inducement to them to come and sett e among us. It is suggested to me by my friendfrom Illinois [Mr. Ross] that the committee of 15 should also be presented, and I believe that would be a very excellent thing to induce these people to come over here an learn the manner of our legislation, that things are done under cover, and that even testimony is taken and published for electioneering purposes.
Mr. STEVENS. The gentleman talks about things being done “under cover.” Did the gent eman vote against publishing the evidence reported by the committee of 15?
The CHAIRMAN. Does the Gentfrom Ohio [Mr. LEBLOXD] yield to the Gentfrom Pennsylvania, [Mr. SrsvsssZ]
Mr. STEVENS. Then I will not ask him the question; otherwise I would.
Mr. LEBLOND. That committee is certainly a national curiosity. I believe that for many years nothing of this kind has ever been known in the polities of GreatBritain; and if we can take something new of that kind in the shape of legislation there. it will certainly be a novelty that will induce the people of France and German to come here and take up their abode with the American people. It is also suggested to me that we ought to take the Ith eedmens Bureau bill there. Very well; that would bring all Africa here, the most desirable portion of the Old World. [Laugh
Mr. LEBLOND. I thank God for the vetol Perhaps it would not be liked there, so we will keep that back. But let us take all of these American curiosities over there, and I know that in a ver short time our American vessels will all be fied with emigrants coming to this country. Sir, I believe I have almost talked myself into a belief that this JtResolution on ht to pass, and I do not know but that I shal vote for it, considering all the benefits that will result from it.
Skip Skip The question was taken on Mr. Costuxes amendment, and it was not agreed to.The question recurred on the amendment proposed by Mr. Wasuninsn, of Illinois, and being put, it was not agreed to.
Mr. SPALDING. I move to add to the 5th paragraph the following: Provided, That in nocontingenc shall any further or greatersumthan 8100.000bpeai fromthenational Treitsipyfor the purposes contemplated by this mint reso u ion.
Mr. WASHBURNE, of Illinois. I move to amend the amendment so that it will read: The entire espouse of this Exhibition shall not exceed$100, 00i0n currency. including the expenseof sending national vesselsto France.
The CHAIRMAN put the question on the amendment to the amendment, and announced that it appeared to be decided in the negative.
Mr. WASHBURNE, of Illinois. Idemand a division on the question. The Gentfrom Massachusetts [Mr. BANKS] said that all they wanted was $100,000.
Mr. WASHBURNE, of Illinois. Why not vote for this amendment, then? I demand a division on the question. The committee divided, and there were ayes 22, noes 70. So the amendment to the amendment was not agreed to. The question recurred upon the amendment of Mr. SPALDING, which was modified to read as follows: Provided, That in no contingency shall any further or greater sum than $00,000in lawful mono of the U.S. he paid from the national Treasury for the purposes contemplated by this Jtresolution.
Mr. CONKLING. I move to amend the amendment by striking out the last word, in order that I may inquire of the mover whether or not he means the proviso he has offered to include the expense of loading ships.
Mr. SPALDING. I will answer the Gentfrom NewYork [Mr. Coxnuxo] by saying that the mover intends just what the language expresses, and nothing more.
Mr. CONKLING. Will the mover be so kind as to afford us over here his construction of the language? [After a pause.] I want to understand, I think every one wants to understand, what this proiosition reall means. I think there surely can e no misunderstanding that the friends of this measure gave us to suppose that $100,000 in currency was to be the utmost limit of expense and yet this committee, the friends of this measure leading off, votes down a proposition which says that in somewhat particular phrase and the Gentfrom hio [Mr. SPALDING] seems to decline to say that in his opinion the amendment which he has offered means that and no more. Now, I think that without being captions I have 2. iight to ask that this amendment shall be so mo ified as to conform to the understanding which we had all around here; that is, that the sum of $100,000 shall be applied, not to special expenses, but to the entire expenses of this proceeding and if there be any doubt about it, as I judge there is, I will more to amend the amendment by adding the word, “including the chartering or sending of messages.
Mr. BANKS. That amendment has just been disposed of.
Mr. conKLING. I beg pardon; the amendmentjust voted down had a great deal more than this in it.
Mr. RAYMOND. I suppose my colleague [Mr. Cosxuso] means by his amendment to imit the expense which the Government shall incur to $100,000. He does not mean, I suppose, to include in that sum the expenses which may be incurred by individuals or by States.
Mr. CONKLING. Certainly not. But I do not want hereafter to find that we are in this dilemma: that having said that $100,000 shall be the whole expense to the Government of this proceeding, then under the order of the president, or under the direction of the SecyNavy any such sum as the Secretary 5 eaks of in his letter has been expended in the transmutation of war vessels into freighting vessels and then back again. Therefore I do sire to have the words included which I have an ested.
Mr. GARFIELD. I would suggest to the Gentfrom NewYork, [Mr. Coxsuxoj that what he proposes to add to the amendment of my colleague [Mr. SPALDING] will make it rather more ambiguous than it now is.
Mr. CONKLING. I think not. I ask that the amendment be read again. The amendment was again read.
Mr. GARFIELD. If the words suggested by the Gentfrom NewYork be added to the amendment, it will raise the entire question whether in the expense of chartering vessels and transportin goods from this country to Europe and bac again, is meant to be included the cost of the rent of the vessel, and the money that shall be paid to the sailors and officers, and the general expense of the Navy in maintaining the establishment during that time. It seems to me that the words suggested legitimately raise all that question. Low, as I understand it, it is proposed that beside giving the use of our vessels we shall appropriate $100,000 in money for this purpose. I0not understand that the money hereby appropriated includes the pay of the sailors, the rent of the vessels, or any other expenses that would be incurred if these vessels were not in this spe cific service. It looks to me that the words suggested by the Gentfrom NewYork raise that veryquestion, and make it, to say the least. somew iat ambiguous.
Mr. CONKLING. Will the Gentfrom Ohio [Mr. GARFIELD] be kind enough to inform us whether the amendment of his colleague, [Mr. SPALnine ] as it stood before my addition, avoids all question as to the matter of which he speaks; and if it does, will he tell us whether it does not expressly excc t vessels, either the chartering or the sening of them?
Mr. GARFIELD. I take it for granted, sir, that under the amendment of in colleague Only $100,000 can be paid out of the treasury for the excases of this enterprise, not counting the ordinary expenses of maintaining those vessels in the service of the U.S. I can see no room for any other construction. But if the excetion suggested he added, it then Opens the whoTc question whether we are not bound to pay out of this $100,000 the Officers, the sailors, and all the ordinary expenses of those vessels, which I think ought not to be included.
Mr. SPALDING. Will my colleague yield to me for a moment?
Mr. SPALDING. I did not answer the Gentfrom NewYork [Mr. Coxxuso] because I supposed that I had in my amendment made the matter as exlicit as the English language would permit. lpintended that no more money than $100,000 in currency should be paid out by our Government for the objects contemplated by this JtResolution. I did suppose that if we had national vessels that could be used in this business without drawing from the Treasury any more money to fit out and prepare them, they might be used, the expense forming no part of this amount of $100,000; but if one dollar extra should be drawn from the Treasury to fit those vessels for the purpose, that extra expenditure would he includied iu the $100.000, or it would not be paid at all. That is my idea.
Mr. STEVENS. It seems to me that the 2nd section explictly authorizes the SecyNav to incur expense outside of the $100,000; or it authorizes him to transfer from the naval fund the expenses of fitting out these vessels. That section contains this provision: and the SecyNavy is hereby authorized totransferfrom the general naval appropriation to the account of the Exposition at Paris an expenses necessarily incurred in preparing vesse s as signed to this duty. for recciving and transporting articles and products intended for exhibition.
Mr. BANKS. That is to be struck out of the bill. I have given notice of an amendment striking out the 2nd and 3rd sections.
Mr. SPALDING. The billwill be amended to correspond with this proviso.
Mr. GARFIELD. I wish to say, Mr. Chair man, that I am very much surprised at the ca tious character, as it seems to me, of the o jections which have been urged against this bill. This measure, in my view, is one oftoo much importance and has too wide an application to the diversified interests of this country to be treated as the bill has been treated by some of the gentlemen who oppose it. I most certainly hope that the members of this House will not allow so important a measure to be defeated in consequence of the compar atively small expenditure that will be required to effect the great object proposed to be accomlished. ere the hammer fell.]
Mr. BANKS. For the purpose of terminating debate on this section, Tmove that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. WILSON, of Iowa, reported that the ComWhole on the state of the Union, having had under consideration the Union generally, and particularly House bill No. 52, to provide for the expenses ntteiiding the exhibition of the prod ucts of industry of the U.S. at the Exposition at Paris in 1867, had come to no resolution thereon.
Mr. BANKS. I move that when the ComWhole on the state of the Union shall resume the consideration of this bill, debate on the pending section terminate in one minute. The motion was agreed to.
Mr. BANKS. I move that the rules be suspended, and that the House resolve itself into the ComWhole on the state of the Union. The motion was agreed to; and the House accordingly resoved itself into the ComWhole on the state of the Union, (Mr. Winsox, of Iowa, in the chair) and resumed the consideration of HouseJtResolution No. 62, to provide for the expenses attending the exhibition of the products of industry of the U.S. at the exositionlt Paris in 1867.
Skip Skip The question was taken on Mr. Coxxnixos amendment to the amendment, and it was disagreed to.
Mr. SPALDINGS amendment was then agreed to.
Mr. WASHBURNE of Illinois. I move to add to the end of the 5th paragraph the following: and said commissioners shall report to Congress the manner in which this expenditure is made.
Mr. BANKS. I agree to that. The amendment was adopted.
Mr. WASHBURNE, of Illinois. I move another amendment, that no part of the money i hereby appropriated shall be exended until the Frenc troops are withdrawn from Mexico. [Laughter and applause] The amendment was disagreed to.
The Clerk read, as follows: Sec. 2 and beilfurflur rrwlved, That the SecyNavy be, and herebyis. authorizedand directed to furnish, at the request of the SecyState, one or morepublic vessels for the transportation from NewYork to France and return ofruch articles and products of the U.S. as may beoffered under the dircction of the commissioner at NewYork, for exhibition at Paris; and the SecyNavy is hereby authorized to transfer from the general naval appropriation to the account of the Exposition at Paris any expensesnecessarily incurred in preparing vessels assigned to this duty, for receiving and tynnsporting articles and products intended for exhibition.
Mr. BANKS. I move to strike out the section which has Just been read and to insert in lieu of it what I send to the Chair.
The Clerk read, as follows: Abife: Revolved, That the President be authorized and requestedto furnish one or morepublic vesselsfor transportation from NewYork toFrance of such articles and productsof the industry of the U.S. asmay be offeredand acceptedby the general agent at NewYork for exhibition at Paris.
Mr. BANKS. I make this amendment striking out the SecyNavy and inserting a provision that it may be made by the POTUS at the suggestion of my colleague, [Mr. Ricn] the chairman of the ComNavAffrs. I think it is a properamendment and hope it will be adopte. hiii. Chairman, I want to call the attention of the committee to the fact that there is no expense to be incurred in sending these vessels whatever except in possession of the vessels and employment of oiiicers of the Government. The language is explicit and cannot be mistaken. I do not know on what ground the SecyNavy has written the letter read in the debates today, but I will say it has no application whatever to the proposition before the committee. If the President has not the vessels which can be properly appropriated for this purpose, without requiring them to be dismantled and without changing them from M ates to freight vessels, he will not comply with the request. If the Government have such vessels without changing their condition then the request will be granted. The amendment was adopted.
The Clerk read, as follows: SEC. 8. Abife: Resolved.That the commissionersat NewYork and Paris be and are hereby, authorized and directed {o collect pon all articlel to be transported for exhibition or returned to the U.S., a sumequal to 1/2 the current rate of freight at the time and place of shipment: which sum. deducting the cost 9 collection, shall be appropriated, under the direction of the said commissioners.to defray, in part, the expenses of the exhibition herein provided for; and the commissioners. are hereby authorized to furnish transportation to and from France by any Government yossel for the commissioners appointed by the President and for one duly appointed commissionerfor each State.
Mr. BANKS. I move to strike that section out.
Mr. WASHBURNE, of Illinois. I hope it will not be stricken out. It was reported by the Gentfrom Massachusetts himself. It provides that those who shall take the benefit of these vessels shall ay one halfof the freight. I am astonished my riend should propose to strike it out.
Mr. BANKS. Imove to strike it out because I have changed the original purpose of the resolution in this regard. I on y ask that vessels shall be sent out and not that goods shall be brought back, making a difference to the government of considerable moment. I do not think it just to charge the exhibitors 1/2 of the freight, but still if that is the op3mon of the committee, I do not object.
Mr. PAINE. I offer the following amendment: In section 3 strike out from the words “shall be nppropriatod, “at the commencementoflinescven, to the words " provided for, " in line nine, inclusive, and insert in {ionthereof the words. “shall be applied in payment of the appropriations herein made.” It will be perceived that the words in the 7th, 8th, and 9th lines empower these commissioners to increase the expenditure bero authorized by an amount equal to the frets“! received on goods transported. The object of. this amendment is to have an application of these freights, whatever they may be, to the payment of the appropriation made in the JtResolution.
Mr. BANKS. I am opposed to it for the reason that it does not change the original appropriation. The section as it originally stood required the application of any amount paid to discharge the expenses incurred for the transportation specified in the resolution, which in the gross were not to exceed $100000. Ioro pose now to strike out the section altogether, which I hope the gentleman will not object to. the question being taken on the amendment of Mr. AINE, it was disagreed to.
Mr. CONKLING. I move to strike out the last word for the purpose of making an inquiry. I wish to know whether there is any provision made for the transportation of commissioners.
Mr. BANKS. No provision is made for transportation either of the commissioners from the States or the commissioners from the General Government.
Mr. CONKLlNG. Then it seems to me that that is a very grave omission. As the JtResolution now stands, it gives at least passage transportation to the commissioners from the States. Now, Innderstand from my friend that his State, for example, has already appointed an accomplished geologist to visit this Exposition: and other States, I am told. have appointed it cuts. It seems to me if there is any value at a l in these commissioners, any reason why they should be appointed and paid by the General Government, we ought at least to make some provision here in reference to those State commissioners (to whom nothing is to be aid and for whom nothing is to be paid) by which they shall be at least carried to and fro in these public vessels which are to be sent; and I suggest to the Gentfrom Massachusetts whether there ought not to be an insertion in his proposition which shall give these men from the States at least so much of reco nition as to enable them to have passage in a government vessel. I withdraw my amendment. the question was then taken on the motion of Mr. ANKS to strike out section 3, and it was agreed to.
The Clerk read the last section, as follows: SEC. 5. Abife: resolved. That so much of the JtResolution relatin to the Industrial Exposition. approvedJanuary 1g, 1866.}ismay be incon sistent Wl the foregoing resolutions is hereby repealed.
Mr. BANKS. This section repeals the resolution approved January 15. By that resolution the salaries of the clerks at NewYork were fixed at $1, 800, $1, 600, and $1, 400, and therefore ought to be repealed. Of course there can be no objection to that. I now move that the committee rise.
Mr. TAYLOR. I desire to move an amendment so as to say a few words.
Mr. BANKS. Very well, I withdraw the motion for that purpose.
Mr. TAYLOR. I move to strike out the last section. Mr. Chairman, I am opposed to this measure. We have had from the commencement of this session petition after petition from the veterans of 1812 asking to be placed on the pension roll. “he have had applications from loyal men who have lost their whole property during the rebellion. All these petitions have been refused for the reason of the enormous debt which the Government is laboring under, for which we are taxed almost beyond endur ance. We have the soldiers that enlisted in 1861 and 1862 asking for an equalization of bounty, but we have refused it upon the same ground. There are all these troops asking that they may be placed on the pOIlSiOll roll and receive a bounty from this government, all of which is refused. It, does seem to me inconsistent at this time that a proposition making so large an appropriation as this should be entertained for one moment by this Hausa.: ! lter able to This bill will cause an expenditure of nearly halt" a million dollars. The chairman of the committee is endeavoring to figure it down, but taking the calculation made by the SecyNavy, asking for something like 300,000 dollars, and then adding the other expenses it willirithe end, I have no doubt. amount to $500,000. This seems to me to be inconsistent with our previous action, and I might sa almost infamous. We have rejected all of t ie just claims for the purpose of making an appropriation. for what? It does seem to me that. it is for no other purpose than for a grand advertisement of the manufacturers of this country, a class of persons who are bet ay their own expenses for adver tising thant e General Government is at this time. I trust, therefore. that when this JtResolution is finally submitted for avote. upon these considerations, and others which have been forcibly urged by gentlemen on this floor, the JtResolution will be voted down. I now withdraw my amendment.
Mr. BANKS. I move that the committee rise and report the bill to the House. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Winsox, of Iowa, reported that the ComWhole on the state of the Union, having had under consideration the Union generally, and particularly House bill No. 52, to provide for the expenses attending the exhibition of the prod ucts of industry of the U.S. at the Exposition at Paris in 1867, had directed him to report the same to the House, with sundry amendments, and with the recommendation that the bill do pass.
Mr. BANKS. I move the previous question.
Skip Skip The previous question was 2nded, and the main question ordered. The amendments reported from the ComWhole on the state of the Union were agreed to in gross.
Skip Skip The bill was orderengross and read a 3rd time; and being engrossed, it was accordingly read the 3rd time.
Mr. BANKS. I only desire to make one remark. Several gentlemen who have opposed the passage of this JtResolution have suggested that it is for the benefit of the manu acturers and not of the agriculturists of the country. I desire to say that the manufacturers of the country will not gain an dircct advantage from this Exhibition at all. [he cannot coin pete with the manufacturers of nrope; they cannot gain the trade of EurOpe. All the advantage to be derived from this Exhibition by the American people will be for the western portion of the country, in the development of the sources of our wealth and power. It is they and those that are identied with the future iower of this country especially who will be benefited by this representation at the Exhibition. I move the previous question.
Skip Skip The previous question was 2nded, and the main question ordered, being upon the passage of the JtResolution. Mr. WASHBURNE. of Illinois. I demand the css&nays on the passage of the Jtresolution. The yeas&nays were ordered. The question was taken; and it was decided in the affirmative yeas 70, nays 60, not voting 63; So the bill was passed. During the roll call, Mr. MOORHEAD said: I am aired upon this question with my colleague, Mr. Wilson. I should vote a; he would vote no. Mr. J. L. T OMassaid: Iain paired with my colleague, Mr. MOCULLOUGH. He would have vote no; I would have voted ay. Mr. WHALEY said: I am requestedto state that Mr. WARD is absent from the House on account of sickness. The result of the vote having been announced as above recorded, Mr. BANKS mtRtv the JtResolution was passed; on the table. Agreed to. HOLDING EVENING SESSIONS On motion of
Mr. STEVENS, the order of the House that a recess be taken each day, except Saturday, from 4 and a half. m. to 7 and a half p. m., was suspend for tomorrow and then, on motion of
Mr. STEVENS, (at 20 minutes to ten oclock p. m.) the House adjourned.
@@@IN SENATE SENATE. Tnnnsnn, March 15, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Skip Skip PETITIONS and MEMORIALS.R. FESSENDEN presented a petition of citizens of Portland. Maine, praying for the passage of the bill (H.R.No. 154) to further secure American. citizens certain privileges under the treaty of Washington; which was Ordered to lie on the table, that bill having been disposed of. Mr. RAMSEY presented a petition of citizens of Minnesota, praying for the establishment of a mail route from Elk riverz in Sher burne county, to Spencer Brook, in Isanti county, in that State; which was referred to the ComPostOffices. REPORTS OF COMMITTEES.
Mr. HARRIS, from the ComPrivLandClms, to whom was referred abill (S.No.189) to confirm the grant of certain lands to Jose Domingues, in California, reported it without amendment.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred the petition of Ann Heth, widow of William Heth, who was killed by the confederate forces under the command of John Morgan, July 9, 1862, prayin for a pension, submitted a report accompale by a bill (S.No.201) for the relief of Ann eth, widow of William Heth, of Harrison county, Indiana. The bill was read, and passed to a 2nd reading, and the report was ordered to be printed.
Mr. SUMNER, from the ComForRel, reported a JtResolution (S.R. No. 45) protesting against pardons by foreign Governments of persons convicted of in famous offenses on condition of emigration to the U.S., accompanied by a communication from the State Dept. The JtResolution was read, an passed to a 2nd reading, and the accompanying papers were ordered to be printed., Mr. POMEROY, from the ComPubLands, to whom was referred a bill (S. No.170) to amend an act passed March 3, 1865, entitled “An act in addition to certain acts granting bounty lands to officers and soldiers who have been engaged in the military service of the U.S., ” asked to be discharged from its further consideration; which was agreed to.
Mr. CRAGIN, from the ComNavAffrs, to whom was referred the petition of Elisha W. Dunn, a paymaster in the U.S. Navy, praying for the passage of an act authorizing the accounting officers of the Treasury to settle with him on those of his accounts, the propervouchers of which were destroyed by great Mound City, Illinois, June 1, 1864, submitted a report, accompanied by a bill (S.No.202) for the relief of Elisha W. Dunn, a paymaster in the U.S. Navy. The bill was readv and passed to a 2nd reading, and the report was ordered to be printed.
Mr. DOOLITTLE, from the ComIndAffrs, to whom the subject was referred, reported a bill (S.No.204) to provide for an annual inspection of Indian affairs, and for other purposes; which was read and passed to a 2nd reading. FIREMENS INSURANCE COMPANY. Mr. WILLEY. The ComDistCol, to whom was referred the bill (H.R.No. 368) to amend an act to extend the charter of the president and directors of the Firemens Insurance company of Washington and Georgetown, in the DistCol, have directed me to report it back to the Senate without amendment, and with a recommendation that it pass; and as it is a short bill, and will lead to no discussion I imagine, I ask the unanimous consent of the Senate to put it on its passage now. There being no objection, the Senate, as in ComWhole, proceeded to consider the bill. It proposes to repeal the 6th, 7th, 8th, 9th, and tent ll like to know upon what principle of justice and impartiality the evidence is ta en. One of the 1 sections of ll 1st men of NCarolina and one of the the act to incorporate the president and di, truest and most honorable patriots in the land rectors of the Firemons Insurance Company of Washington and Georgetown, in the DistCol, approved March 3, 1837 and which was extended by the not approved February 7, 1837; the fire companies which existed at the time of the passage of those acts, and upon which existence those sections were based. having ceased to exist. The stock of the Firemens nsurnnce company is to be issued, sold, transferred, and heldjin the same manner that it might have been issued, sold, transferred, and held had those sections never existed.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. BILL INTRODUCED.
Mr. WADE asked, and by unanimous consent obtained, leave to introduce abill (S.No.203) to enable the NewYork and Montana Iron Mining and Manufacturing company to purchase a certain amount of the public lands not now in market; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. LLOYD, its ChiefClerk, announced that the HoRep had passed a JtResolution (H.R.No. 52) to provide for the expenses attending the exhibition of the products of industry of the U.S. at the Txposition at Paris in 1867, in which it requested the concurrence of the Senate. RECONSTRUCTION COMMITTEES REPORTS.
Mr. RIDDLE. The ComPrintg, to whom was referred a resolution to print 10,000 copies of the reports of the JtComReconstruction, with the accompanyin testimony, have had it under consideration, on have directed me to report it back with an amendment, striking out “10,000” and inserting “ 6,000.” I ask that the resolution may be plit on its passage now.
The President protamporc. Is there any objection to the present consideration of the resolution I.
Mr. RIDDLE. I will state, if there be any objection, that this testimony is now in type, its printing having been ordered by the HoRep, and it will save a great deal of money if the Senate order the printing of the testimony now, if they intend to print it at all. There being no objection, the Senate proceeded to consider the following resolution submitted yesterday by Mr. Anruonr: Resolved. That 10,000 copies of the reports of the JtComReconstruction, with the accompanying testimony, be printed for the use of the Senate.
The President protempore. the question is on the amendment reported by the comm ittee on Printing, to strike out “10,000” and insert “6,000.”
Mr. WADE. I hope that amendment will not be concurred in. It seems to me this is one of the most important documents that has been printed or wi 1very soon be printed. It is calculated to give light on the great question now under consideration that has attracted so much attention, and it seems to me that this kind ofinformation is precisely what the people want. I hope the amendment will not be concurred in.
Mr. RIDDLE. Does the Senfrom Ohio know what this printing will cost?
Mr. WADE. The difference between the printing of 10,000 and 6,000is believe the only question now involved, and I am for the larger quantity. I understand it.
The President Projemporr. The morning hour having expired, it becomes the duty of the Chair to call u the unfinished business of yesterday, which is Senate bill No. 111, to provide for the national defense by establishing a uniform militia and organizing an active militia force throu bout the U.S.
Mr. FESSENDEN. We may as well dispose of this question; and then I desire to takQ up an appropriation bill. I suppose there will be no more debate on this matter.
Mr. TRUMBULL. I saw the Senfrom Delaware had risen, as if to debate the question under consideration.
The President protem ore. The Chair recognized the Senfrom Delaware; but the morning hour has exired.
Mr. SAULSBUR. I rose simply to offer an amendment.
Mr. TRUMBULL. Let us vote on the resolution.
Mr. FESSENDEN. Before the vote is taken, I wish to say, in reply to an intimation of the Senfrom Kentucky, that so far as I know there has not been an application to take testimony made by any gentleman claiming a seat here that has not been granted. I have had but one a ication made to me personally, and that was by a gentleman claimin a seat as a Senator. By letter he asked me i he could be permitted to introduce testimony before the committee. I relied that he could, and to brin it along. hat is the extent of my personal knowledge.Ihave not been engaged in taking testimony; but I understand that no aplication of that sort has been denied. i
Mr. FESSENDEN. They have all been granted, the Senfrom Maryland says, every one; and the intimation in regard to the (mm. mittee refusing is let me say, entirely a, misa prehcusion on a part of the Senfrom Kentuck.
Mr. RIDDLE. I will state to the Senate, the other members of the ComPrintg are not present. that they proposed 1st to wait for the publication of the whole of these documents, and they reduced the number at my instance. As they are not present I think common courtesy would dictate that the matter should go over. They maybe here tomorrow.
Mr. FESSENDE). I thing it best to settle the question whether the document shall be printed or not. The number is not material.
Mr. HENDRICKS. The rest of the committee, the Senfrom Delaware says, are satisfied with the number he has reported. I do not see the necessity for postponing it.
Mr. TRUMBULL. There is a reason for settlin it now. I understand the type is now upon the press, and itwill be distributed soon; it is inconvenient to keep it; and if we are going to order the printing. the order had better be made now, because if it is delayed it will involve settin up the topic again.
Mr. DAVIS. A gentleman who would stand with the honorable Senator who took his seat last, or any Senator, or any man in this nation, have me this information, that he directed a etterlto a member of the committee suggesting hmdesire to have witnesses called before the committee for examination, and inquiring whether he would be allowed that privilege, and he told me he had received aletter from a Senator informing him that the committee were supposed to be impartial, and that they would made the necessary and full and impartial examination, but whether he would be allowed to introduce witnesses or not the gentleman who wrote to him in reply said that he was not informed. That is the information which came to me, and I presume it will appear before long in the papers. How this correspondence is kn ow not, except upon this statement of a man of as much truth and rectitude as breathes the breath of life. him. pressed a desire to bring witnesses committee; that he might select witnesses that should go before the committee? Do lunder stand him correctly?
Mr. JOHNSON. Idse, Mr. President, being a member of the committee of 15, to say that with very good opportunities furnished from day today of witnessing the conduct of that committee, both in the aggreflate and in the subdivisions, I have never seen the slightest reason to doubt their perfect impartiality; and I have some reason in relation to some of the committee actually to know that there never has been an instance in which an application has been made by anybody who had anyclaim to confidence, that subpoenas ight be issued for persons to appear before ch committee, that it has not been cheerfully granted. In the committee that was investigating the condition of the State of Tennessee, the Senator will find in the paperrinted containing the memorial of citizens of Tennessee that there were 15 witnesses examined, and I know by an authority which I am sure may be relied upon that of those 15 13 were requested to be summoned by the members or those claiming to be members from the State of Tennessee or were the members themselves.
Mr. CONNESS. I desire to ask the Senator aquestion in order simply to understand, o I understand him to have stated that 1 this gentleman of whom he has 3 oken ex1 before the had expressed his desire to that clfect in his The Senate are not to be told thatin relation to some of the proceedings of the committee, as far as they have been disclosed to the senate, it has been my misfortune or my good for tune, as the result mu prove, to have differed from them; but it is no to truth, it is due to them as gentlemen, it is due to them as officers of the Senate as well as odieers of the House, to say that although I have differed with them and may perhaps iffer with them again, I have never seen the slightest reason even to suspect that they desi e anything that was not perfectly just an fair. Certainly there never has been, in m presence, the least indication that they intened anything that was not perfectly fab. No partiality, I am sure. was at any time thought of or dreamed of. Whether they are right in what they have done asfnras the measures which they have so far devised are concerned, or whether they will be right in the future, is a matter upon which there may be differences of Opinion; but as far as intent is concerned it gives me great pleasure to bear testimony to the high character which they have throughout sustained.
Mr. CONNESS. The comlaint made by the honorable Senfrom I Kentucky is ofea peculiar character; atleast it so appears to me. A certain part y complains that he had not a rightto select witnesses to thrust before the committee when he chose and whom he chose.
Mr. DAVIS. Will the honorable Senator permit me to correct him.
Mr. DAVIS. The gentleman who made that statement to me did not make it in the form of a complaint; he just stated it as a fact.
Mr. CONNESS. Well, Mr. President, we will not debate about that. I used the word “complaint” in a sense different from that in which the Senator understands it. Iwas about to say that that was a very different proposition from that presented by aresponsible citizen stating to the committee that he had information which would throw light upon public affairs and asking to besummoned before them. I can easily conceive how a committee would not permit a citizen to select witnesses for them to examine, and how if they did their investigations might be prolonged through the entire session, and they be unable to report at all. I did not rise for the purpose, us the Senator may very well understan, to make any personal issue with him here. I have great respect personally for the honorable Senator. I believe in his individual kindness of heart; but I think the Senator goes too far when he puts his opinion of the humanity of the people of Kentucky against the positive testimony of responsible witnesses. he Senator, it. will be remembered, has been rather unfortunate in always having had since this war began certainly during that part of it that has been conducted since I have had the honor of beinghere and the pleasure of being the Senators asso ciate Government Officers, military officers, in Kentudky who were eternally engaged in committing “fiendish outrages.” There has been no military administration that Iknow of in Kentucky by the U.S. authorities that has met the approbation of the honorable senator. If the honorable Senators speeches could be collected and put together which consisted of attacks upon military men holding commissions under the U.S. in Kentucky, they would make quite a large book. We cannot forget I sha 1 not, for I had the pleasure of immediate neighborhood with the honorable Senator at that time his description of the administration of General Palmer in Kentucky how he invaded personal rights and rights of property, and drove oflflocks of hogs. 1i
The President protentpore recognized the Senfrom Illinois.
Mr. TRUMBULL. I was in hopes that we could get rid of this question, but it seems that it is to be discussed all day. I must therefore now interrose a motion to postpone this and all other usiness and take up
Mr. TRUMBULL. I should be for finishing this, but the Senator must see that the Senfrom Kentucky rises to take the floor and there is no telling when he will take his seat. [Laughter] If there were any probability that we could have a vote in half an hour I should not think of making the motion.
Mr. DAVIS. he Senfrom Illinois bases his remark, I suppose, upon the extent of the provocation that has been offered to me; but I promise him that I shall occupy but a few minutes.
Mr. TRUMBULL. If the Senator will get through in a few minutes, I shall not now make my motion.
Mr. TRUMBULL. I now move to postpone the other orders, and proceed to the consideration of Senate bill No. (31, which has been returned from the HoRep with amendments. The motion was agreed to; and the Senate proceeded to consider the amendments of the HoRep to the bill (S.No.61) to protect all persons in the U.S. in their civil rights and furnish the means of their vindication.
Mr. TRUMBULL. These amendments were referred to the ComJudiciary, and the committee have recommended that the senate concur in the ainendments of the HoRep. I suppose the question is on concurring in those amendments.
The President prolempore. The proposed amendments will be read.
The Secretary read the 1st amendment, which was in section one, line 5, after the words “ U.S., ” to strike out Without distinction of color and there shall be no discrimination in civil rights or immunities among the inhabitants of any State or Territory of the U.S. on account of race, color or previous condition of slavery; but the inhabitants and in lieu thereof to insert “ and such citizens;” so as to make the section read: That all persons born in the U.S and not subject to any foreign Power. excluding Indians not taxed.are hereby declared to bocitizens of the U.S.: and such citizensofovery raceandeolor. without regard to any previous conditionof slaveryor involuntary ssrvitu e. excc tasa punishment for crime whereof the party shall have been duly convicted, shall have the sameright. Jzc. Senate, but whether loyal men, men who can, The President protempore. The ques take the oath, shall be admitted; and when a man coming here entirely free from the rebellion, having had no connection with it either in its political or in its military organization when such a man comes here representing a State of the Union under the Constitution, and asks admission, I will not turn to the evidence that the committee shall have taken. But although that will not guide myjudgment, and I shall be guided by the evidence the country has now before it in such a public manner that it cannot be misunderstood, and by the law upon the subject, still I think it properthat the evidence taken by the committee shall go to the COuntry.
The President protempore. The question is on the amendment reported by the committee to strike out “10,000” and insert “6,000." The amendment was rejected; there being, on a division a es 12, noes 18.
The PRESID “NT protempore. The question is on the resolution.
Mr. MCDOUGALL. Before casting my vote I desire to say that there was a committee of somewhat similar character, the committee on I had occasion to be invited to go before that committee because it was assumed by the persons of that committee not Senators, but members of the other House that I would deliver ajudgment against the Army because they were hostile to me in poliTted to hear me say that I thought the conduct of the war. gentlemen in the service connected with tics. heyw thus; and t asked me what my opinion was. I asked “for what?” best judgment.” would “We think you think so; we want you before the committee on the conduct of the war.” “Well, ” said I, “if I go before that committee I will render my These persons thought I express a conclusion of hostility, and tion will be on concurring in this amendment of the HoRep.
Mr. TRUMBULL. I presume the pending question will be on concurringin all the amendments of the HoRep. That is the report of the committee.
The PRESIDENT protempore. It will be so, but the question will be taken on the amendments as arately. The Senate may concur in some an non-concur in others.
Mr. TRUMBULL. It is one report, and the question is on concurring in the amendments madeby the HoRep, Iapprehend, unless some Senator calls for a division.
The President protempore. The question may be taken on all the amendments collectivel unless there be a call for a division.
Mr. DAVIS. I have 2 amendments to offer to the amendments of the House, and I therefore desire that they may be considered so arately. The PRESIDENT protempore. The Senfrom Kentucky asks that the question be taken on the amendments separately. The 1st amendment made by the HoRep to this bill has been read, and the question is, Will the Senate concur in the amendment of the House? The amendment was concurred in. reseutatives was in section one, line 13, after the word “right.” to insert the words “in every State and Territory in the U.S.;” so that the clause will read: and such citizens of every r aceand color. without regard to any previous condition of slavery or involuntary servitude, exec t as a punishment for crime whereof the party shal have been duly convicted shall have the same right in every State and Territory in the U.S. tolmaksand enfiirce contracts.to sue.be parties and give evidence.to inherit, purchase.lease. sell, hold and convey real and personal property, and to full and equal benefitofan The next amendment of the HoRep laws and proceedingsfor the security of personand property. The amendment was concurred in. The next amendment was in section one, line 17, after the word “pro crty, " to in, sort the words “as is enjoyed y white citizens.
Mr. VANWINKLE. There seems to be an incongruity in this language to which I wish to call the attention of the c airman of the committee. The clause commences with the words “and such citizens.” As I understand those words they include all persons who are or can be citizens, white persons and all others. The clause then goes on to provide that “such citizens of every race and color, without regard to any previous conditionof slavery or involuntary servitude, shall have the same right to make and enforce contracts, ” &c., “as is enjoyed by white citizens.” It seems to me these words are superfluous. The idea is that the rights of all persons shall be equal; and I think the clause, leaving out these words, would attain the object.This is merely a verbal criticism. I think the bill is incongruous in expression as it stands.
Mr. TRUMBULL. I quite agree with the Senfrom WestVirginia that these words are sufferfluous. I do not think they alter the bill. think the bill would be better without them, but they have been adopted by the HoRep. We did not think they altere the meaning of the bill; and we did not think it worth while to send the bill back just because thesewordswere inserted by the House. They thought there was some importance in them and mm inserted them; and as in the opinion of the committee which examined this matter they did not alter the meaning of the bill, the committee the "lit proper to recommend a concurrence, an I ope the Senate will concur in it.
Mr. VANWINKLE. It is a mere verbal correction that I suggested, and I am not at all strenuous about it; nor perhaps should I have made it had I been aware that the attention of the committee had been called to it. The amendment was concurred in. The next amendment was in section 3, but: 12, after the word “person” to insert the words “for any cause whatsoever, " so that the clause will read: and if any suit or prosecution, civil or criminal. has beenor shall be commencedin any State court against any such personforanycause whatsoever, or against any officer, civil or military or otherperson. for any arrest or imprisonment. trcspasses or wrongs done or committed by virtue or under color of authority derived from this actor the notto on large the powersof the Freedmens Bureau. 82c
Mr. MCDOUGALL. On that amendment I ask for the yeas&nays. The eas&nays were ordered.
Mr. UCKALEW. I do not see that those words mean anything at all. It seems to me they leave the text as it stood originally, and I do not know why we should be calls upon to vote upon them.
Mr. TRUMBULL. I do not think there is any importance in them myself, but the House has inserted them. the question being taken by yeas&nays, resulte yeas 81, nays 7; ABSENT 12. So the amendment was concurred in. The next amendment was in section 3, lines 15 and 16, to strike out the words “to enlarge the powers of the Freedmens bureau” and to insert: Establishing a Bureau for the Relief of Freedmfll and Refugees and all acts amendatory thereof or for refusing to do any act upon the Ground that 1"(mm be inconsistentwith this act. The amendment was concurred in.
The Clerk read The next amendment was in section 3, line 20. after the word “ 63” to insert the words “and all acts amendatory thereot;" so that the clause WHI read: such defendant shall have the right to remove such ocfllhfi.oitrial to the proper district or circuit court in themannerprescribed iy tho[1.2rlelatingto holiegis C(HIMUn!iid regulitting iuditial proceedings in certain chi HISu pprovedMarch 3, 1563 and all acts amends atory thercot. The amendment was concurred in. The next amendment was to add at the end of section 4 the followmg: and such commissioners are herebyauthorizedand required to exerciseand discharge all the powersiind duties conferred on them by this act, and the same duties with regard to offenses created by this act. as they are authorized by law to exerciseyvith regardto other ofienses against the laws of the U.S.
Mr. DAVIS. I propose to amend the amendment of the HoRep by adding at the end of it the followmg proviso: Provided, That the operation and effect of this act shall be limited to the execution of this proviswn of the Constitution: "The citizens of each State shall be entitled to all the irivileges and immunities of citizens in the several States." The amendment to the amendment was rejected. The amendment was concurred in. The next amendment was to strike out the 5th section of the bill, in the followmg words: Sso. 5. Abife: That said commissioners shall haveconcurrent Jurisdiction with the judgesof the circuit and district courts of the U.S. o.raiensd, stehvoeJruadlglyes of the superior courts of the and collectively, in term time and vacation, upon satisfactoryprootbeing made.to issue warrants and preceptsfor arresting and bring ing before them all offenders against the provisions of this act, and on examination to dtscharge. admit to bail or commit them for trial, as the acts may warrant. The amendment was concurred in. The next amendment was to add at the end of the bill the following: SEC. Abife:, That upon all questionsot lawarisin in any case under the provisionsof this act a firm appeal may be taken to the SCOTUS
Mr. DAVIS. I move to amend the namedment by strikin out all the enactin clause of the section an inserting in lieu thereof the following: That alter the judgment of the court upon all questions of law arising in any case.civil or penal. under this act. without regard to the amount in contest. an appeal or writ of error may be prosecutedby either party, 1st. from the judgment of the district to the circuit court and then from the judgment of the circuit to the Supreme Court. according to the forms and modeof prosecutingappeals and writs of error in said courts respoetivel; and upon the party taking such a peel or writ of error. entering into bonds with sufficient secnrity in tho court from whence it is taken. to abide by and perform the final judgment that may be rendered insuch case.all further proceedings thereon in and court shall be suspended. I will inquire if after the question has been taken upon this amendment it will be in order for me to move to lay all the amendments upop the table.
The President protempore. A motion to lay a bill on the table carries the amendments With it. A motion to lay an amendment on the table by itself cannot be entertained because an amendment is but the incident of a bill. The amendment to the amendment was rejected. "
The President protempore. The question now is on concurring in the amendment made by the HoRep.
Mr. DAVIS. I now move to lay the bill upon the table, and, Mr. President
The President protempore. The motion to lay on the table is not debatable.
Mr. DAVIS. Then I move to postpone it until the 1st Monda in December next.
The PRESIDENTYPTO temporc. The motion to lay on the table is wrthdrawa, and the motion now is to postpone the further consideration of this bill until the 1st Monday in December next.
The PRESIDENT protempore. It does not open the merits of the bill. It is open for debate so far forth as may be necessary to show that the bill should be postponed. it w
Mr. DAVIS. Mr. President, I intend to make my protest against the passage of this bill. I would like tehonorable chairman of the committee who reported it or any other of its friends. to read to the Senate the authority upon which they propose to pass the bill. I maintain that Congress has no power whatever to pass this bill. I propound this nestion to the honorable Senator: suppose ami the cloud of amendments to the Constitution that has darkened the congressional atmosphere it was now iroposed as an amendment that congress shouid be invested with the power to esta lish a civil and penal code for all the States of the Union, would such an amendment receive a solita vote? I presume not and yet congress by this bill are assuming precisely the power that such an amendment to the Constitution would give them. The principles involved in this bill, if they are 10 itimate and constitutional, would authorize Congress to pass a civil and criminal code for every State in the Union. I have assumed that gentlemen would not vote for such a proposition if it was made in the form of a proposed amendment to the Constitution. If t cy would not vote for such an addition to their powers in an amendment to the Constitution. how much more ille gitimate and inexcusable is it.for them to vote to assume that power under the Constitution as it exists. I intend to read 2 or 3 sections of this bill.
Mr. TRUMBULL. I rise to a question of order, and it is this: the bill is not before the Senate for discussion. It passed the Senate and has passed the HoRep with certain amendments. The question in the Senate is on concurring with the House in its amendments. We cannot vote upon the bill again, but only on these amendments; and of course we cannot discuss a question on which we cannot vote. All the amendments have been adopted except the last one, which is now pending. The Senfrom Kentucky moves to postpone this subject until next December. That does not bring out a discussion on the merits of the bill, which the Senator proposes to read, because we cannot vote on the bill; it has passed from us; and I insist, as he is proposing to read the bill and discuss it, that it is out of order to read and discuss a bill upon which the Senate cannot vote.
The President protempore. In the opinion of the Chair the merits of the bill, as the Chair before stated, are not open to a General discussion on a motion to postpone. On a motion where the order of business only is concerned, reasons may be given for the post ponement and against the postponement, not enterinv into the general merits of the question. It is sometimes ditheult to define the line accurately; but the Chair thinks that reading the bill and discussing its general merits would be an infrin ement of the rule.
Mr. DAVIS. pon thisquestion is it or is it not preperto debate the point that congress has no power to act on the subject at all? hat is the point that I propose to ebate. I am no parliamentarian, but it seems to me, in the course of my experience in Congress, that when amendments were pending between the 2 Houses, a motion to lay the bill itself or the amendments that were pending between the 2 Houses upon the table was always a motion in order and always have an opportunity to debate the merits of the ill. But my purpose now is more limited than that. My purpose is simply to debate the proposition that Congress has no constitutional power whatever to take cognizance of or to pass any action at this time upon these amendments.
The President proiempore. In the opinion of the Chair the only question for discussion is the amendment which has not yet been decided by the Senate. Whether that should or should not be made to the bill is a propermatter for discussion; but that question, even, is not now before the Senate. 1 lie question now is shall the further consideration of. the bill (and of course the amendments. for the I the bill carries the amendments along with it) be postponed until the 1st Monday of December next? and in the opinion of the Chair that does not authorize an investigation of the question whether the bill should be passed by Congress or not.
Mr. DAVIS. My object is simply to make a short (if the honorable Senfrom Illinois will excuse me) protest against the passage of this bill. I ask the Chair. for information, if a motion to postpone the bill a amendments indefinitely would allow me toter upon that debate I
The President protempore. So far as it goes to show that the bill ought to be post poned, the Chair thinks it would; so far as it goes into the general merits of the bill, the Chair thinks it would not.
Mr. DAVIS. As that would robahly give me a wider field of debate than teimmediate pending question, I withdraw the pending motion, and ask leave to present it in the form I have indicated.
The President protem ore. The Chair understands the Senator to withdraw his motion to postpone the further consideration of the bill until next December.
Mr. DAVIS. Yes. air; and to move the indefinite postponement of the bill and the amendments. "
The President prolempore. That motion is in order; but in the opinion of the Chair the same rules of order would apply to the motion, although the Chair is not asked to do cide that question now. The Chair will put. that motion, however, if the Senator withdraw. the present one.
Mr. DAVIS. If the Chair is ofo inion that same rules of debate will apply, will make another in uir and modify my proposition.
The PRESIDENTpro temporc.The motion to postpone indefinitely, in the opinion of the Chair, would really not widen tedebate be yond a motion to postpone until next December. AMr. DAVIS. Then I withdraw that motion and insist on the other motion that I made. I now propose. I tell the honorable Senfrom Illinois, to debate the proposition that Congress has no constitutional power to take cognizance hof this bill or of the amendments that have been made to it by the HoRep.
Mr. TRUMBULL. The only question that is now before the Senate for its consideration is the amendment of the House to add the following section to the bill: 520. Abife:.That upon all questionsoflaw arising in any cause undert a provisions of this act a final appeal may be taken to the SCOTUS lfthe Senfrom Kentucky can show that that is unconstitutional, I shall not object to his showing that; but he cannot, I apprehend, go into a discussion of the bill, upon which both Houses have passed, and which is not before us. We cannot amend the bill; we can amplnd nothing but this clause which I have just rea.
39th Cong 1st Sess, 2nd part march 15, 1866 to May 29, 1866
Golden rule of labor a fair days work for a fair days pay
The President protempore. The question is on concurring in the amendment of the HoRep to add an additional section to the bill which has been read. The amendment was concurred in.
The President protempore. That disposes of the amendments of the HoRep. nxnounn nltLs stesmn.
Skip Skip A message from the HoRep, by Mr. LLOYD, its ChiefClerk, announced that the Speaker had signed the following enrolled bill and JtResolution, which there upon received tesignature of The President protem are of the Senate: A bil (S. No.33) in relation. to the Court of Claims; and A JtResolution (H. RANO. 84) for the relief of the sufferers by the late explosion at the U.S. arsenal in the DistCol. Senfrom NEWJERSEY.
Mr. TRUMBULL. I wish to give notice to the Senate that on Mon y next I shall move to take u for consideration the case of the Senator rum NewJersey, [Mr. whose right to a seat has been queSsrtiooenxerdo. x, } wish to give this notice now, in order that it may be understood that we will take up that case on Monday. DEFICIENCY CIVIL BILL.
Mr. FESSENDEN. Imove to postpone all prior orders with a view to take up House bill Yo. 86, the deficiency bill. The necessity for it is very pressing. There is a great want, of the money. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 86) making additional appropriations, and to supply deficiencies in the appropriations, for sundry civil expenses of the Government for the fiscal year ending the 30th ofJnne, 1866, and for other purposes.
The President protempore. The bill will be read.
Mr. FESSENDEN. I move that the ordinary course of reading bills be dispensed with, and that we act upon the amendments that are proposed by the committee as we come to them on the 1st reading of the bill, instead of having the bill read over twice. It is along bill and has been pretty thoroughly examined, and [think there is no occasion for spending so much time in the reading of it.
The PRESIDENTpro tempera. That course will be adopted unless objection be made. The reading of the bill will be proceeded with until an amendment reported from the ComFinance to the text of the bill is reached, and the question will be taken upon the amendments of the Committee as they are reached in the reading of the bill. The reading will proceed with that understanding.
The Secretary proceeded to read the bill, and read to the following clause. under the head of lighthouse establishment:” For commissions, at 2 and a half%., to such superintendents as are entitled to the same. under tie proViso to act 3d March, 1851, on the amount that may bedisbu by them. $5.000
Mr. FESSENDEN. ve to strike out that clause. It was acciden lly omitted to be considered in the committee, and I do not find it in the estimates for this year. I think it would be well to strike it out, and if the House Club persuade us that it is best to keep it, very we. The amendment was agreed to. The 1st amendment reported by the ComFinance was on page 5, section one, after line 98, to strike out the following clause: For survey of and for buoying out Seekonk river from Puwtuckot to India Point, in Providence, RhdIsland. $111K)
Mr. FESSENDEN. We could not find any estimate for that in the papers. The amendment was agreed to. The next amendment was on page 7, section one, line 141, to strike out “ 20 H and insert “ten, ” so that the clause will read: For rebuilding outer rangelight at Cedar Point. Sandusky bay. Ohio. $10,000 or so much thereof as may be necessary. The amendment was agreed to. The next amendment was on page 11, section one, Line 250, to strike out the word “5” and insert “six, ” and after the word “1,000 to insert “ 500;” so that the clause will road: For fitting up roomsin basement.under the court room ol the Supreme Court. tor aconsultation room for the court. 56.000. The amendment was agreed to. The next amendment was onpnge 11, section one, after line 200 an 50, to strike out the following clause: For removing the unsightly double railing or fence erected across the old hall of Representatives, (not! all standsfor thesaleor display ofuny articles whatever in any oftbeentrances to the House on the main floor.) in the Capitol. ten dollars. The amendment was agreed to. The next amendment was on page 11, section one, after line 255, to strike out the following clause: For sewer in Four and a half street. in front of reservation betwcen Missouri avenue and the canal, under act of May 15, 1820.81.00) and to insert in lieu thereof: To enable the Commistfitmer of Public Builfligs to pay for sewers and puving in front of Government 53325ly constructe under the act of May 5, 1864, i. The amendment was agreed to. The next amendment was on age 12, section one, after line 200 an 63, to insert the followmg clause: To enable the ComrPubBldg to pay for sewers and pavingun front of government property coustrupled y the city of Washington under the act of May 10, 1520a.nd lorclcaning Pennsylvanin avenue, May 22and 23, 186.)8, 87.920til.
Mr. FESSENDEN. That should be reduced $510. I move, in line 269 tostrike out “ nine, ” and insert “ 4,” and also to strike out the word “ 20 ” at the end of that line, and insert “tenf so that it will read, “$37, 410 61. It is an error in the amount. The amendment to the amendment was agreed to. The amendment as amended was adopted. The next amendment was to strike out from lines 282 to 285 of section one, in the following wor s: For lighting the Capitol and Presidents House.the public man s around them, and around the executive O cos, and Pennsylvania nvenuc, Four and a half street, 850.000 and in lieu of these words to insert: For lighting the capitol and PresidentsHouse. the public rounds around them,andaround the executive of sea, and Pennsylvania avenue, Bridge and gigh streetsin Georgetown.Four and n half street, eventh and 12th streets across the Mall and giggiglband avenue west, and 6th street south. The amendment was agreed to.
Mr. HOWE. I see that the Senate is acting on the amendments reported by the ComFinance. I desire to ask whether it suits the convenience of the Senfrom Maine that other amendments should be proposed now?
Mr. HENDRICKS. I wish to inquire of the chairman if the appropriations for the surveys of the public lands are the amounts asked by the Commissioner. They seem to me very small for the Territories of Arizona, Dakota, Colorado, 85c.
Mr. FESSENDEN. We took them as they came from the House. Byturning to the estimates for 1864 the Senator can ascertain.
Mr. POMEROY. There will be another appropriation bill this year for these purposes. The next amendment was in section one to strike out from line 504 to 509; as follows: To enable the ComrGLO to continue the investigations which he has instituted In relation to the mineral resourcesof the U.S and the minerals. their extent and, locality in the public domain. who shall report his domgs as by law roliuired in relation to other businessof the General and Ofllcc. $5.000.
Mr. JOHNSON. I ask the chairman of the committee why that clause is proposed to be stricken out?
Mr. FESSEXDEN. That is a matter that has growa up in the Land Office; without any authority of law the Commissioner has under taken to examine the matter of minerals; and we thought this legislation would only be the beginning of a Mineral Bureau, and i we are goingto establish one we had better have it established regularly.
Mr. JOHNSON. There is no law now for t is“.
Mr. FESSENDEN. There is no law authorizing it.
Mr. HENDRICKS. The purpose of this investigation. as I understand, is rather to secure to the Commissioner such information as will enable him to decide what lands are mineral and what not. Under the existing laws and practice he cannot bring into market mineral and s. It is very important that the comrGLO should be allowed to sell such lands as are agricultural, and he should have some means of determining this fact. I am not sure but that this is unimportant appropriation.
Mr. CONNLSS. Let me say to the honor able Senator that this appropriation cannot be applied to the purpose he supposes. The mannerinwhieh the GLO determines whethera given amount of land which it is proposed (to sell or bring into market, is mineral or agricultural, is through the local land office, and it forms a part of the duties of that office. The GLO will do nothing on the subject of segregatin the mineral lands from thengriCultural land until they get the information furnished from the local land office as their data. This class of appropriation which is now under consideration is one, as the chairman of the ComFinance has said, that has grown up incidentally, and under it the ComrGLO, as I have understood, has deputed persons from time to time, given them free commissions, to go to Arizona, or to NewMexico, or somewhere else, to look after mineral lands. I am not aware that any good has ever come out of it, and I agree entirely with the suggestion made by the honorable chairman of the ComFinance, that the whole matter had better be left to the organization of a bureau who shall direct in some manner, I be e wisely, such investigations as shall be me e in that direction.
Mr. HENDRICKS. I do not know that I am in favor of any Mineral Bureau we have about bureaus enough; but it is important that the ComrGLO should be able to decide what lands are mineral and what are not.
Mr. CONNESS. He cannot do it by this appropriation.
Mr. HENDRICKS. It is of very great importance, because on the suppdsition that a section ofcountry is mineral, very large amounts of agricultural lands are kept out of market to the prejudice of the country, to the inconven ience of persons seekin homes; but as the Senfrom California is much more interested in it than any other Senator, except perhaps the Senfrom Nevada, 1 shall not urip it.
Mr. STEWART. I do not think an appropriation of this kind without having the manner of expending it provided by law would do us much good. I think a small amount of money might be well applied to obtaining information as to what is mineral land and what is not mineral land, and also as to the mineral resources of the country; but we should direct by law what information shall be obtained and how it shall be obtained, so that it may have some authentic character. But $5,000 expended in sending persons through the country to pick up information will do very little good. There is a bill now before the ComMines for the organization of a Mining Bureau, and in connection with that bill the whole matter can be discussed. Whether an independent bureau is necessary or not, I shall not now say; butI am sure that something should be done, either by an independent bureau, or in connection with the Land office. A system should be devised whereby a segregation can be made of the mineral lands from the others, so is to introduce farming leads into the market and also to give us definite information as to tie mines to enable ustolegislate hereafter. There is no doubt that something of this kind is important, and will be considered before the adjournment of Congress; but a stray appropriation like the one proposed here will not be of any use in my opinion, and I have no objection to its bein stricken out.
Mr. POMERO. If this is to be stricken out with a view of getting up a Mining Bureau I shall not vote to strike it out. I do not believe a few 1,000 dollars can be used any better than in the hands of the ComrGLO for this purpose. His office is so organized that without any additional expense he can send to every land district in the U.S. to get information; but if you organize an independent bureau it has to organize its machinery before it can do anything. 5,000 dollars in the hands of the ComrGLO, who has an organization already in existence, is worth $25,000 in the hands of a new bureau which has to organize its whole machinery. If the object of striking out this clause is to establish a new bureau 1 shall vote to retain it.
Mr. STEWART. It means this: that we can see no good in appropriating $5,000 or any other sum of money unless the mode of expending it is definitely pointed out. I do not say that any new machinery is necessary; we have officers now who can do the business that is necessary to be done; but I believe that their duties should be prescribed by law, and then some good may be derived from an appropriation of money to be expended by them. 1 do not think this appropriation of 55,000in these general terms will do us any good.
Mr. STEWART. That is the very reason why I do not want this appropriation to pass.
Mr. POMEROY. That is the very reason I want it to ass.
Mr. POMEROY. This is the bill that failed then.
Mr. conNESS. This appropriation was stricken out before it failed.
Mr. STEWART. The year previous he had an appropriation of $15,000. For 2 years ast he has had no money for this purpose, an he has improved in his reports immensely. The 1m report of the ComrGLO was a very good report. If he is to have this $5,000 I should like to know how it is to be expended.
Mr. HENDRICKS. I am more satisfied now that this appropriation ought not to be stricken out. I can understand the interest of these Senators representing the mineral States in the establishment of a Mineral Bureau with a view to the minerals of the country; but this little appropriation of $5,000 is with a view of ascertaining the agricultural lands, and of separating them, if it be possible, from the mineral lands. The ructical difficulty that the ComrGLO has upon this question is just this: he directs the surveyor general of a particular Dept to make the surveys in a vance of the settlement; the surveyor general cannot himself go outand see what lands are mineral or are agricultural; he has no means of ascertaining that fact; but if he had 1,000or 2000 dollars at his command he would select some suitable person in advance of making his contracts and send that man u among the mountains to see what valleys oug it to be surveyed, come back, and upon that report the surveyor general would be enabled to make his contracts. it is a little matter; it is for the benefit of the surveys, to enable surveys to be made of the agricultural lands in the neighborhood of the mineral lands. In that regard it is very useful. Then when we come to the Mineral Bureau we can consider that as a separate question.
Mr. HENDRICKS. I wish to ask the Senfrom California one question. Does he ever expect as a practical question that congress Wlll direct the ComrGLO how to separate the mineral from the agricultural lands? Is not that an administrative question that must of necessity be left to the Dept?
Mr. CONNESS. I beg to give the honorableSenator the answer to that question by reiterating the statement that I have made, that this appropriation is not made for the purpose of segregation at all.
Mr. HENDRICKS. The Senator assumes that. It is an appropriation for a particular purpose, and the only legitimate purpose the and Office can make of it is the one I have suggested. I take it for ranted that the hezlidlof that office will use the lrlmlzney for the on y egitimate purpose to which e canally it. Therefore IP think the Senator, in the pgb sence of a report from the Commissioner, is not justified in assuming that he will use it for anylother than the legitimate purpose.
Mr. CONNESS. The honorable Senatorisingenious; but he has forgotten that in the ab sence of any statement by the ComrGLO to show how he proposes to apply this money, the honorable Senator is merely guessing at how the Commissioner is gioing to apply it. Now, then, I should like to now whether that is avery good wayto make an appropriation, and guess that the ComrGLO will apply it to segregation. If you want to apply it “ that way, let the appropriation say so; say, for segregating mineral from agricultural lands in the public domain, $5,000.” It would beaverylaughable appropriation in that sha e; but the fact is, that it is an expenditure t may as Well not be made as to make it. Ihe amendment was agreed to.
Mr. POMEROY. We can call the yeas and as. s on it in Senate. be next amendment was in section one, to strike out lines 510 to 513 inclusive, in the following words: For publishing the annual report of the National Academy of sciences, madeto Congressunder thenet approved March 3, 1863, $6,000 I
Mr. WILSON. I should like to know of the committee why they propose to strike this out. It does seem to me to be a matter of consider able importance to the Government and the country.
Mr. FESSENDEN, There should rather be some reason stated why the book should be published. A bill was brought in here to incor porate certain gentlemen as an Academy of sciences. It would not cost the Government anything, it was said: it was merely to incor porate these gentlemen in this District to be an Academy of sciences. We accommodated them by giving them a charter, and the 1st thing we get is a $6,000 afipropriation to pair. lish their proceedings. Congress is going to take this Academy under its care, and publish their proceedings in that way, there will be no end to it. We saw no reason for making the appropriation.
Mr. SUMNER. I really hope, as this clause has the sanction of the House, that it will not fail here. By the charter of the Academy the Government of the U.S. is expressly authorized to call upon the Academy for opinions on such questions as may be submitte, of a practical character and coming within the studies and attainments of the Academy. point of fact several such questions have been submitted to the Academy and they have given their opinions to the Government. I do not undertake to say what the value of those opinions was, but they gave their opinions in conformity with the statute obligations of their charter.
Mr. GRIMES. These gentlemen were called on just as they had been called on before. This Academy of sciences, I think, referred all the questions of science as to which their opinion was asked by the Government to the men to whom such questions had been hitherto referred by the Government. Professor Bache, Professor enry, and Commodore Davis. They were all in our employ and drawing salaries from us before.
Mr. SUMNER. These 3 gentlemen we all know are in our emplo, one of them now being abroad an invalid. I hope, sir, that this will not be stricken out. The amount is not large; and under the circumstances, considering the connection between the Government and the Academy, the statute ligament, if I may so express myself, that there is, the smallness of the sum, the character of this association of gentlemen, the value of their services, the importance that the association should be encouraged, that it should not be allowed to fail, and as Senators are aware also of the comparative want of means on the part of scientific gentlemen to make these publications themselves under these circumstancesfl submit that the Senate should not set itself against the conclusion already adopted by the HoRep in favor of this appropriation. hope it will be allowed to remain in the bill.
Mr. FESSENDEN. I cannot see the slightest authority we have to do any such thing as to establish an Academy of Sciences and pay for their publications. It was expressly specified that this was to cost the Government nothing; they only wanted a charter; they wanted a name to be given them by Congress, to be called the National Academy of sciences. That was the argument, and they were incorporated by Congress; and now, though it was not to be any expense whatever, the 1st thing we have is a call made onus to publish their reports; and we must go on, if we begin, pub ishing scientific reports year after year when we have tried to put a stop to publishing these outside matters. It is not the appropriate business of Congress, and I do not see that there is any propriety in it. I have great respect for these gentlemen; but if they want us to ppblish their reports now, when they asked to e incorporate by Congress at an rate they should have given us fair notice of what the wanted us to do. The thing will grow, an y and by we shall have a Bureau of science and then a Dept of science, and the head of it will claim to be one of the Cab inet, as the Bureau of Agriculture has own up. People said that was to cost noting; they did not ask anything, only a man to Represent the farmers; they did not want any increase of expenditure. But what was the result? It doubled the 1st year and quadrupled the 2nd, and is now going on at that rate. Theresult will be the same in this case. although I am, as every tolerably educated Gentleman ought to be, in favor of the increase of knowledge among men, I apprehend that that is not our business.
Mr. SUMNER., One word more, if you please, Mr. President. I am not aware that there was any such statement as I hear now for the 1st time
Mr. SUMNER. I did ask him now, and I got no answer affirming the statement of the Senfrom Maine.
Mr. HOW]; wish to ask the Senfrom Massachusetts if he has looked over the annual proceedings of this association.
Mr. HOWE. Will the Senator be good enough to state what he found in those annual proceedings that he thinks are of national interest to the public?
Mr. WILSON. I do not understand this reposition. It seems to me that in this little district this is a pretty large sum to pay for extra work. It may be all right; but doubt whether there is a congressional district in the country where an such sum as this was paid for night work. do not believe this District furnished ugreat many men for the war. I feel constrained to vote againsg this proposition. It looks to me like a job.
Mr. GRIMES. I should really like to know how much this number of clerks is in excess of the number of men this District furnished to the Army? Laughter. 1
Mr. FESSENDEN. The Senate will notice that the amount to be paid to each is very small, and there are a very large number of them. One was employed for instance one or 2 nights; another for special service to take care of the concern, the I will state to the Senate that the matter was very carefully examined by the HoRep, and then it was brought up to us, and the rolls were very carefully scrutinized and found to be correct, and the allowances not unreasonable.
Mr. WILSON. If the Senfrom Maine has examined this matter and is satisfied with it, I do not object, but it seems very extraor dinary.
Mr. GRIMES. Why do they stand on a different basis from any other district?
Mr. FESSENDEN. I suppose the other districts where the some work was performed would be entitled to the same allowance.
Mr. GRIMES. Why the necessity for this kind of work being done here more than in ani other district?, Mr. FESSENDEN. That was explained to the satisfaction of the committee.
Mr. GRIMES. expllain it to our satisfaction.
Mr. FESSENDEN. The papers are here, and 1f gentlemen deem it important to make a point upon thispmatter, they can be read.
Mr. GRIMES. It is an appropriation of nearly 4000 dollars, and that is important.
Mr. FESSENDEN. If the Senator will have patience, I will find the papers in this bundle. Now, let the committee
Mr. CONNESS. I hope the Senfrom Iowa does not want all those documents read.
Mr. HOWE. Will the chairman state whether the Provost Marshal General had not under the law in these Offices the authority to allow to every one of his deput provost marshals just such amount for clerk hire and other assistance as he found to be necessary?
Mr. FESSENDEN. It seems that he did not do so in this case.
Mr. HOWE. Well, that is my objection to voting for this appropriation. he law empowered the Provost Marshal General, as I recollect, to authorize the employment of just as many clerks as he thought necessary. He knew the work to be done in these offices; they were constantly in communication with him. When they wanted another clerk, I know it was the custom in such districts as I knew anything of the law in to make an application; I never knew that he was meager or penurious in making these allowances. I suppose there is not a congressional district in the U.S. that had not more work to be done than was necessary to be done in this district, simply because there is a larger population in every congressional district than there is in this. This is the most compact provost marshals district that there is. If such a claim as this can be substantiated here, it must be substantiated more easily and more conclusively in every other district of the U.S.
Mr. MORRILH. I should like to inquire whether this is for extra compensation to clerks employed in the different Depts.
Mr. FESSENDEN. No; not clerks in other Deparnnents.
Mr. MORRILL. I notice one name here l I thatl have reason to suppose is that of a clerk in the Treasury Dept.
Mr. FESSENDEN. It is for night work and special service.
Mr. MORRILL. If it is for extra service; I am opposed to it for the reason that 12, 111 satisfie the clerks here are not overworked. I had occasion yesterday to be called into one portion of the city to inspect the condition of the colored people, and a gentleman whose name was J. G. Adams
Mr. FESSENDEN. If the “negro” is get ting into it, I will give it up.
Mr. MORRILL. He is getting into the negroes; thatis the trouble. Laughton] He maintains a row called the A ams row I can only describe it as a pen hardly suitable for do s or animals of any description into which have been crowded some 600 people iu the most filthy and otiensive condition it is possible to conceive. He maintains a nuisance within the limits of this city, and has plenty of time to look after it and to collect personally, as I understand he does, from these poor creat ures 4 or 5 dollars each permonth for a little miserable tenament.
Mr. FESSENDEN. I have not the slightest objection to striking out the whole section if the Senate think fit.
Mr. MORRILL. I have no particular feeling toward the individual, but lponly referred to itto show that these people have plenty of time. 01
Mr. CONNESS. This seems to be a very small appropriation, and when you subdivide it by the number of names it becomes smaller still. I have often had occasion to observe the amount of work running through a portion of this period that certain clerks were required to perform, and I think if it had secured general observation there would not be so much objection to this proposition. I think that while we swallow camels as often as we do it is hardly. worth while to strain at a gnat of this kind. Of course I concede, as I have no right to do otherwise, that every proposed appropriation of public money is exposed to scrutiny; but I beg Senators to remember that the parties to this appropriation are poor; that they are not that c pass who are affluent, but that they are of that class who have needs. It is a small matter.
Mr. GRIMES. I suppose there is not a district in the U.S. where there will not be claims presented, and on just as substantial a.basis as this, the mement it is known that we have adopted this provision. I think my colleague, who was Governor of our State during a considerable portion of the war, and who was familiar with the condition of thing: there, will bear testimony that the clerks of the provost marshals there were in the habit of writing till 11 or 12 oclock at night, and never thought of making an application to Congress for extra pay. Let it be nown there that they get extra pay here in this District, and they will certainly make a claim. It is not so small a matter as the Senfrom California seems to suppose. It is the catering wedge by which we are going to vote vast sums of money out of the Treasury, and I am satisfied it ought not to be adopted.
Mr. CUNNESS. If it were that I should vote against it, but I would not like to do these men an injury, simply from fear that should be the case.
Mr. JOHNSON. I shall not vote to strike out this appropriation. I take the fact to be as it is stated on the face of the bill itself. that there was a contract between the provost marshal and these clerks that they were to be paid, and “(511! GenlFrys character I take it for rante.
Mr. GRIMES. GenlFry has refused the claim.
Mr. JOHNSON. He has rejected it simply because he had no authority to pass ii. 1 speak of the bill; all 1 know of the facts is what I collect from the bill. It says, aftermentioning the names, “employed by the deputy provost marshal of the DistCol, in the enrolling office of said marshal, for night work and special service performed in pursuance of a contract between said clerks an said provost marshal.” It does seem to be hard that these men should be working in that way, under a promise that they were to be paid, and that we should not carry out the promise.
Mr. GRIMES. Is it not in order to move to strike out the whole section?
The PRESIDING OFFICER, (Mr. CLARK in the chair.) The amendment of the committee is 1st in order. The amendment was agreed to.
Mr. GRIMES. Now I move to strike out the whole section.
Mr. HOWE. As I mean to vote for the amendment, I will suggest in reply to the Senfrom Maryland that, as I remember, tyse deputy provost marshals were directed to report their accounts to the Provost Marshal General once a month. If the deputy provost marshal contracted to pay.these men, he ought to have reported their accounts at the end of the 1st month, and at the end of the 1st month he must have known whether this sort of claim would be allowed. The motion to strike out the section was agreed to. The next amendment of the ComFinance was in section 12, line 16, to strike out “ $323, 234, " and insert “ $250,000, ”. as then propriation for plates, engraving, printing, an paperfor national currency notes, and to strike out the following proviso, commencing in line 17: anProvidnegd.pThat nhereafterno portrait or likeness of shall be engravedor placed upon any of the bonds securities. notes, or postal currency of the U.S. So as to make the clause read: For plates. engraving printing, and paperfor national currency notes.
Mr. SUMNER. I should like to inquire about strikin out thatproviso. Is it expedient?
The PRESIDING OFFICER. These are all the amendments of the committee.
Mr. FESSENDEN. I do not know but that it may be necessary in the last section to insert the words “ perannum” after each salary there mentioned. Let that alteration be made.
The PRESIDING OFFICER. That will be done.
Mr. HOWE. I move the following amendment, to come in at the end of line 466 of section one. I am instructed to offer it by the JtcomLibrary: For the purchaseand removal of materials and for erecting four greenhousesin the B ot:i. nGicardep. to be expended undor the direction of Jomt ComLibrary. $2,000. The amendment was agreed to.
Mr. HOWE. I wish to ask the chairman of the committee what “garden” it is that is referred to in the 277th line of section one, on page 12.
Mr. FESSEXDEN. Perhaps that should be made more definite. My impression is that it is the garden connected with the Agricultural Bureau. I will look into it.
Mr. LANE, of Indiana. I am instructedby the ComPensions to move to insert after line 396, section one, the following amendment: For compensationfor tom orary clerks in the Pension Bureau for the current hise alyear, $20, I have here the letter of the SecyInterior recommending it, and the letter of the ComrPension reuestiii it, and the report of the committee in iavor O it.
Mr. FESSENDEN. I should like to have an explanation.
Mr. LANE, of Indiana. read. They explain it.
The Secretary read the following letters: DEPT OF THE INTERIOR.Pi:.VsioNOFFICE, December18, 18th}. Sm: In order to meet the demands iipon his Office. now greater than at any former period since the passageof the pension not of July 14, 1862. I would ear nestlyrequestthatan additional appropriation fortho payment of temporary clerks during the current fiscal year. to the amount of $20000 be at onceasked from Congress. If practicable it is hopedthat this subject will receive attention before the holidays. I have the honorJ.to be. very respectfully, yours. H. BARRETT. Commissioner. Hon. J Aims Hanna, SecyInterior. Let the letters he DEPTor run INTERIOR. WASHINGTON, D. 0. December 21.1865. Sin: I have the honor to inclose a copy of a letter of the ComrPension, dated 18th instant. Requesting an additional appropriation of 820.000for the payment of temporary clerks in his officoduring the current fiscal year and if practicable, would recommendits immediate passageby Congress. I am.sir. very respectfully. your obedientservant. JAMES HARLAN; Secretary. HomHENBY S. LANE, Chairman ChaimitlaeonPemcolu, Senate U.S. The amendment was agreed to.
Mr. SUMNER. I am directed by the ComForRel to offer an amendment to come in under the head of " allies of the SecyState.” afier has 384 of section one: For the pay of the U.S. commissioner, and for the pay of the U.S. surveyor and for incidental expensesin the execution of the duty assignedto the joint commission appointed under the 1st article of the reciprocity treaty between the U.S and GreatBritain 01the 5th of June. 1834.from November 1. 1805.to March 1866.$1,000. For drafting and compilation of the final chart showing the places reserved from the common liberty of fishing. their limits and descriptions, $800. I have in my hand a letter from the SecyState, in which he communicates to me these estimates, and says, “I have the honor to recommend that provision be made therefor in the deficiency bill.” I will add that on mymotion these very estimates were introduced into the mise ellaneous bill which was lost the last night of last session. The amendment was agreed to.
Mr. SUMNER. There is another amendment, which on my motion and on the recommendation of the ComForRel was introduced into the mise ellaneous appropriation bill at the last session, nndI am now instructed again to move it, to come in immediately after the amendmentjust adopted: For servicesof James G. Clark as acting chargedo affairasat Brussels from Ju] m: 11, 1857 to September 27, 1853.
Mr. FESSENDEN. That is an old affair. I object to it entirely. It is a private claim if anylthing can be.
Mr. CONNESS. He had the honor, had he not?
Mr. SUMNER. But I need not remind my excellent friend that we are told that honor will not mend a leg, nor will it give a dinner. He came here a modest gentleman; his case was presented at the Dept of State and the value of his services was recognized. I have a letter here from General Cass on the subject; I have 2 from Mr. Seward. His paers were 1st put in the hands of.Mr. Mason by Iiim; they were neglected; nothingwas done about it; at last during the last session of congress they were again presented and came under the eyes of the committee with which Iain connected. I have already told you that after a careful consideration of the case they were obliged to come to the conclusion that our count was his debtor to this amount; fhat "11 any principle oflaw, of quantum MW", "if any usage of this Government; We were debtors, and the committee instructed meto ate had agreed to the amendments of the move it on a preperbill when occasion should present. I did at the last session, and after am Is discussion it was adopted. L
Mr. FESSENDEN. I raise the point of order upon it that it is a private claim.
Mr. SUMNER. That point was acted upon at the last session.
Mr. FESSENDEN. That does not make an; difference; I raise the point of order now.
Mr. SUMNER. This is a claim arising under the laws of the country for services rendered as char 6 dntfaircs.
The presDING OFFICER, (Mr. CLARK.) The Chair will suggest to the Senfrom Massachusetts that a point of order raised is not debatable. The C air will take the sense of the Senate on the question whether the amendment is to provide for a private claim or not.
The PRESIDING OFFICER. It is not. Senators who are of the opinion that the amendment provides for a private claim will say ay; those opposed will say no.
Mr. FESSENDEN. I ask the Chair if it is so, that a question whether an amendment provides for a private claim or not is not debatable. I never heard before that that question, being a point of order, might not be debated.
The PRESIDING OFFICER. It involves the point of order raised.
Mr. FESSENDEN. I raised the point of order; butis not the point oforder debatable?
Mr. FESSENDEN. Then is not this question debatable?
The PRESIDING OFFICER. A point of order cannot be debated, but an appeal from the decision of the Chair may be debated. If, however, Senators desire to debate this matter, the Chair will relax the rule.
Mr. FESSENDEN. If the Chair decided it, it would not be debatable; but the Chair did not decide.
The PRESIDING OFFICER. The Chair put the question to the Senate because it was put to the Senate last year as the Chair remembered.
Mr. DOOLHTLE. I move that the Senate adjourn. he motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. THURSDAY, March 15, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. PACIFIC RAILROAD.
Mr. HIGBY. I ask unanimous consent of the Houseto have taken from the Speakers table 2 Senate bills, No. 125 and 0. 126, for reference to the ComPacificRR.
Mr. WASHBURNE, of Illinois. I will not object to that, if it is understood that they are uplt to be brought back by motions to recon81 cr.
Mr. HIGBY. I have no objection to that understanding. No objection was made; and the following bills were taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPacificRR: Senate bill (No. 125) granting land in aid of the construction of a railroad and telegraph line from the town of Folsom to the town of Placcrville, in the State of California; and Senate bill (No. 126) granting land to aid in the construction of a railroad and telegraph line from the city of Placerville, in the State of California. to the most feasible point of in tersection With the Pacific railroad in the State of Nevada.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Foasuv, its Secretary, informed the House that the Saw l House to Senate bill No. 61, to protect all persons in the U.S. in their civil rights and to furnish the means of their vindication. PERSONAL EXPLANATION.
Mr. SMITH. I ask consent of the House to make a personal explanation. There was no objection.
Mr. BINGHAM. Will the Gentfrom Kentucky RMr. SMITH] yield to me for a moment, that may ask leave to withdraw some papers from the files?
Mr. STEVENS. I am really unwilling to interfere; but I do not see that this is at all a personal explanation. I understand that the gentleman undertakes to defend, not himself, but somebody else. Now I am unwilling that our time shall be expended to defend some one not connected with this House.
Mr. SMITH. Mr. Speaker, I have no doubt that the Gentfrom Pennsylvania thinks this is a rather curious question so far as he is concerned; butI wish to let him understand distinctly that I stand here willing and able and determined to defend u soldier of the Union, let him be attacked from an quarter.
Mr. STEVENS. Well, Mr. Speaker, [object to any defense of a soldier of the Union by the gentleman at this time, unless that soldier is himself. His remarks are not pertinent to himself, are not in the nature of a personal explanation. Therefore, I say his remarks are not in order.
The SPEAKER. The Chair will decide the point of order. The Gentfrom Kentucky asked consent to make a personal explanation. The Chair stated the question twice to the House and no objection was made, and no limitation was imposed. But when a gentleman obtains consent to make a personal explanation he must bring himself Within the purview of a personal explanation; it does not open an unlimited range of debate in regard to all other questions and persons. He has the right to explain in reference to anything relating to or coneernin himself. That is the proper limit of a persona exlanation, in the opinion of the Chair.
Mr. MORRILL. I rise to a question of order. I would be the last man to object to the Gentfrom Kentucky proceeding in this matter if the article which ins been read contained anything relating to himself. But I see that if the Gentfrom Kentucky shall be allowed to go on with remarks of this nature under the plea that they bonstitute a personal explanation it will be in the power of adgentleman to discuss any subject he pleases y obtaining leave to make a personal exlanation.
The SPEAKER. The Gentfrom Kentucky has had read at the Clerks desk 2. news paperarticle which he states is intended to reect upon him for having offered a resolution for admitting to the floor of this House a gentleman claiming a seat as a Representative from Arkansas. As the Chair understands, the Gentfrom Kentucky desires to vindicate himself against remarks embraced in that article. In the opinion of the Chair his remarks come within the purview of a personal expla nation.
Mr. BANKS. In support of the decision of the Chair I desire to say that it has always been understood here, so far as I know, that when the House gives its unanimous consent to a member to make a personal explanation, it waives all its rules and restrictions, and he is the only judge of that which is necessary to explain his own personal position. That has been the uniform decision, and it has been made in order to warn the House against giving such consent. I believe that personal explanations have not very generally been favored, sir, by gentlemen who have occupied your chair; an or that reason, in order to warn the House against giving consent in such cases, it has been held that when the consent of the House in unanimously given for a personal explanation, the member obtaining such consent cannot be restrained from speaking respectfully upon any matter which in his judgment may be necessary for his personal explanation.
Mr. WASHBURNE, of Illinois. I fully conenr with the Gentfrom Massachusetts [Mr. BANKS] in his understanding of the usage of the House on this subject. When a gentleman obtains leave to make a personal explanation he can, according to my view, occupy his hour with such remarks as he deems proper, in spite of everybody.
The SPEAKER. The Chair will state, as the Gentfrom Massachusetts has alluded to this subject, that the present occupant of the chair, since he has filled the position, has always held that in a personal explanation a gentleman may state any ground on which he considers himself aggrieved, connectin his remarks in some way with that subject, irectly or indirectly. The Chair thinks that the Gentfrom Kentucky, in vindicating himself against what he deems an unjust attack upon him in a newspaperarticle, for having introduced a resolution to admit upon this floor a entle man claiming a seat as a representative, This the right to vindicate himself by reference both to the gentleman to whom the resolution referred an also to his own position.
Mr. SMITH. Mr. Speaker, I did not intend when I rose to make a single remark that would be inconsistent with the very hi best and purest motives and opinions ofanygenfieman upon this floor in regard to the Union and its perpetuity. I rose, sir, to defend a man who with others upon this floor, had gone in the beginning to defend the Gdvernment, the Constitution and the Union. I did it because I had introduced a resolution, and in introdudfng that resolution I felt I had the grounds to base it upon which were sure, and broad, and complete, and against which no man in this House could take exception. I understand well why this attack has been made indirectly upon me, and indirectly upon 70 members upon this floor who voted for that resolution. It was because of that infa mous. that contemptible, that untenable, and that damnable doctrine which has been uttered here, that these States are out of the Union, and that Representatives from there ought not to be recognized
Mr. BROOMALL. I call the gentleman to order. He has de arted from the very liberal scope which the decision of the Chair gave him, in discussing whether certain States are in or out of the Union.
The SPEAKER. The Chair thinks it is not oing beyond the ran e. The Gentfrom Kentucky, as the Gentfrom Pennsylvania is aware, introduced a resolution to allow a certainrperson the privilege of the floor, a claimant or a seat from the State of Arkansas, and that involves the question whether Arkansas is a State or not int O Union.
Mr. BROOMALL. I submit so far asthat is concerned, it is nota persona question.
The SPEAKER. The Chair thinks debate must be allowedto that extent. He agrees with the Gentfrom Massachusetts and the Gentfrom Illinois in reference to the latitude which has heretofore been allowed in personal explanations, and the only limitation that has ever bee. but on it is the one the Chair has alluded to. While the gentleman could not discuss European polities or the relations of the Ozar of ussia and the Emperor of France in his comments on the extract of which he complains, he insists that the extract which has been read is personal to himself, and he has a right within awide range to discuss that question.
Mr. BROOMALL. I rise to another point of order. I have the right to have ran the language of the gentleman in ronouncing the opinions and decisions of this House damnable heresies.
Mr. SMITH. I appeal to this House that I said the opinion entertained in this House so far as that doctrine was concerned was dam nable, and I repeat it. I say to this House and the country, so far as the Union is concerned
The SPEAKER. The Chair sustains the point of order. The Gentfrom {entucky as no right to rellect upon the decisions of the House.
Mr. SMITH. I did not reflect upon the decisions of the House.
Mr. BANKS. The question arises whether the gentleman shall proceed. I:
Mr. STEVENS. I object. We have had enough of this.
Mr. SMITH. But you have not got as much as on will get.
The SPEAKER. the gentleman must take his seat, under the followmg rule: “61. If any member. in speaking or otherwise. transgress the rules of the House, the S )eaker shall or any membermay. call to order: in which casethe membersocalled to ordershall immediately sit down unlesspermitted to explain: and the House shall if a pooledto. decide on the case, but Without debate: i there be no appeal. the decision of the Chair shall be submitted to. If the decision be in favor of the membercalled to order. he shall be at liberty to procced: ifotherwinc.heshall not be permitted to proceed, cncan any memberobject.without leave the house, and if the case require it. he shall be liable to the censureof the House."
Mr. BROOMALL. I demand the enforcement of the rule.
The SPEAKER. The question is, Shall the gentleman be allowed to proceed?
Skip Skip Mr. HARRIS demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yous 55, nays 70, not voting 58; So the House refusedto allow the gentleman to proceed. During the rollcall, Mr. LEBLOND said: I desire to state that my colleague, Mr. Ennnmon, is still confined to his room by illness, and I believe he would vote here in favor of the freedom of speech. Mr. BOYER. I wish to state that in colleague, Mr. JOHNSON, is detained at his House by illness. The result having been announced as above recorded, Mr. SMITH said: I rise to a personal exlanation.
Mr. MORRILL. I object. demand the reglnlar order of business.
Mr. SMITH. I think the Gentfrom Vermont SMr. MonaiLL] said a little while ago that he did not object to a thing of this kind. I wish to at. meself right before the House.
Mr. STEVENS. I ask the Gentfrom Vermont [Mr. MoanILL] to allow me to report an appropriation bill.
Mr. SMITH. I appeal to the Speaker to ask the Gentfrom Vermont to respond to my renest.
Mr. MORRI.11. Almost an hour has been consumed already, ndI am anxious to have importaut public business attended to. I will ieId, however, if the gentleman will confine iuiself to 5 minutes.
The SPEAKER. Is there objection? The Chair hears none.
Mr. SMITH. I am very much obliged to the Gentfrom Vermont [Mr. MORRHL] for this favor. Mr. Speaker, I understand that in consequence of some remark which Imade a few moments ago, the privilege of the floor for continuing my remar s was not ranted to me. That remark was this: that “ will ive you more of it.” Idid make thatremar to the Gentfrom Pennsylvania, [Mr. Srnvsxs] and it was intended as entirely personal to him, not to the House, because he had seen proper to say something to this effect, as I understood it: that he had had enough of what I had said. In reply to that I said at least this was my idea “May be you have, but I will give you more of it.” My object was to be personal to him, and not to the HoRep. This I think is due to the House, so far as I am concerned. For this House I have the highest regard. but for the o inions of the Gentfrom Pennsylvania [Mr. SrnVENS] I have not that regard. Now, sir, when I rose to make my address I rose as a Union man. For I am a Union man, as true, as full, as complete, as willing, as earnest, as devoted as the Gentfrom Massachusetts, [Mr. BANKS] the Gentfrom Pennsylvania, [Mr. Srsvsxs, the Gentfrom Vermont, [Mr. Monniu.] the Gentfrom Ohio, [Mr. GARFIELDJor his colleague, [Mr. BINGHAMJor anybody else on this floor. But I believe it was my duty, so far as that remark was concerned, to say that I did not intend it for the House, but for the Gentfrom Pennsylvania, [Mr. Srizvsss] nd I reiterate that I do not believe the doctrine of secession, but I am its sworn enemy, to fight against it now and forever. INDIAN APPROPRIATION BILL.
Mr. STEVENS. I do not rise to answer what the gentleman has said personal to my self. I have before this said) that what no gentleman would utter no gentleman could answer. I rise to introduce a bill making appropriations for the current and contingent expenses of the Indian Dept and for fullilling treaty stipulations with the various Indian tribes for the year ending June 30, 1867. The bill was read a 1st and 2nd time, ordered to be printed, referred to the comWhole, and made the special order for Thursday, March 22, and from day today thereafter until disposed of. BALTIMORE and POTOMAC RAILROAD.
Mr. McCULLOUGH, by unanimous consent, introduced a hill authorizing the extension, construction, and use of a lateral branch of the Baltimore and Potomac railroad into and within the DistCol; which was read a 1st and 2nd time, ordered to be printed, and referred to the ComDistCol. HABEASCORPUS. The morning hour having commenced, the House resumed the consideration of House bill No. 298, to amend an act entitled “ An act relative to the habeascorpus and regulatin udicial proceedings in certain cases, ” on which kin HARDING, of Kentucky, was entitled to the oor.
Mr. COOK. Will the gentleman allow me to say a word?
Mr. COOK. I do not understand that such is the object or scope of this bill in any way. Ifa man nets under a military order which he is bound at his peril to obey, that military order justifies him. If he exceeds the authority of that order, of course for that excess the order will not justify him. It is like a writ, valid upon its face, which must be executed by the officer of the law, he having no authority to in nire into its rightfulness.
Mr. COOK. I desire to say that the authority with which the Federal courts are clothed isgiven by the act of 1863. it is that act which provides for the change of venue to the courts of the U.S. from the State courts.
Mr. HARDING, of Kentucky. I understand in regard to that.
Mr. COOK. I hold it is constitutional to clothe the Federal courts with power to try cases where belli, erent rights are involved.
Mr. HARDINC, of Kentucky. If I understand the gentleman, he holds there is constitutional power to clothe the circuit courts of the U.S. with judicial authority to determine such cases as are presented in this bill. My next question is this: will he be kind enough to inform me what clause of the constitution gives the power he claims? I am a learner myself, and I do not belong to the ComJudiciary.
Mr. COOK. Of course I cannot stand here and answer questions without time for reference. There is certainly a power conferred upon the Government to suppress insurrection, and of course all the necessary power to carry that into effect.
Mr. HARDING, of Kentucky. But not the power lawlessly to trespass upon peaceful noncombatants. The power claimed by the Gentleman is the power to make war upon our enemies and not upon our friends. It there is any such power it must be found in that part of the Constitution which relates to the judicial power of the U.S. I take the ground, so far as I understand the Constitution, that there is no power to confer such jurisdiction upon the circuit courts of the U.S. The Constitution declares, nrti le 3, section one, that the judicial power of the U.S shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.
Mr. HARDING, of Kentucky. Not now. I would like to have an answer, and you say you do not know the clause under which this poweris attempted to be exercised.
The SPEAKER. The gentlemans hour has expired.
Mr. HARDING, of Kentucky. I ask leave to conclude in remarks.
Mr. HARDING, of Kentucky. I would like to finish my remarks.
Mr. CONKLING. How much more time does the gentlemen desire?
Mr. HARDING, of Kentucky. than ten or 15 minutes.
Mr. CONKLING. would ask the Gentfrom Kentucky Mr. HARDING] whom he considers the most dangerous, the guerrillfl or the lawyers.
Mr. HARDING, of Kentucky. The guerrillas are an open enemy. Give me an open rather than a secret foe. A secret and disguised fee is the most contemptible one on earth. A man laying the hypocrite, professing loyalty to the Government; unprincipled scoundrels like these, procuring the arrests of loyal men in order to obtain large fees fortheir influence to get them released; they are despicable, contemptible miscreants, and must be despised. Now, I would ask gentlemen who are lawers to look at this bil. It is manifest, at 1st blush, that it is framed wholly for the purpose of exonerating lawless men who have committed crimes; it cannot be explained in any other way.
Mr. COOK. Will the Gentfrom NewYork [Mr. Costume] yield to me for a few moments?
Mr. CONKLING. Will the gentleman state for what purpose he desires me to yield?
Mr. COOK. I desire to move some verbal amendments to this 1st section.
Mr. CONKLING. I will yield for that purpose.
The SPEAKER. The motion to recommit is now pending.
Mr. COOK. I withdraw the motion to recommit for the purpose of offering some amendments to the 1st section of this bill. I move to amend by strikiii out the words which have been interlined in the 3rd line, namely, “or other trespasse s or wrongs." Also to insert i“n line 4, after the word “acts, H the words done or, ” so that it will read, “ or any acts done or omitted to be done, ” (be. In the 6th line after the word “by” insert the words “the PreSident or SecyWar, or by, ” so that it will then read, “issued by the president or SecyWar, or by any military officer of the U.S., ” &c. The section if so amended will read: That any search, seizurc. arrest, or imprisonment made, dono or committed or any acts done or omit ted to bedoneduring thesaid rebellion. by any Officer or person under an by virtue of any order. written or verbal, general or special, issued by the President or SecyWar, or by any military officer of the U.S. holding the command of the depart men district, or plnce within which such seizure, se are.arrost, or imprisonment was made.done or cgmmitted or any acts were so omitted to be done. either by the person or Officer to whom the order is addresse d, or y any other personaiding or assisting him therein shall be held and are hereby declared. to comeWithin the purview of the act to which this is amendatory, and within the purview of the4th, 5th and 6th sectionsof sai act. for all th cpur pproposveisdoefd defenspJransfer, appeal.error, or limitation therein. The amendments were agreed to.
Mr. COOK. blll now renew the motion to we mmit t us
Mr. CONKLLNG. Mr. Speaker, in pergreat task which the rebellion de bjm, and which he has performed evell, the SecyWar has we personal respoasibilitics, 5to litigations, if not to lia which he has been comqood faith, actingu on eted with the pu lie 1 to direct and to 1v be may notin int which will though in cessfully p of l in Q. the House upon this question, because I rose to speak only upon this special point. I will, however, before taking my seat. suggest to the distinguished chairman of the Judiciar committee, as well as to the gentleman who has this bill in charge, that the amendment just proposed does not at all obviate the necessity, which I am glad to know the ComJudiciary feels, for reporting such a bill, because, although the amendment extends to orders, written or verbal, general or special, issued by the POTUS; yet, even that, as I understand, does not in any way indemnify the SecyWar.
Mr. WILSON, of Iowa. This amendment is not introduced for that purpose; we were entirely aware that this amendment would not accomplish that objeet.
Mr. CONKLIN. I have no doubt that the gentleman is aware of that; yet at the same time call attention to it, and to the fact that although the SecyWar, in what he does, acts, as has reeate ly beenjudicially declared, as an arm oft 1opresident, acts constructively for the President, nevertheless that rests so far upon the doctrine of general agenc that it would not be covered at all by this anguage confining the indemnity to what is done under the order, general or special, verbal or written, of the POTUS But, Mr. Speaker, as I have said the an nouncement of the chairman of the ComJudiciary renders it unnecessary and, indeed, improper that I should say anything more on this point. I am glad to know thatt e subject is before the committee, and I, for one shall be very hap y to vote for a judicious bill to accomplish the object suggested.
Mr. SHELLABARGER. I wish to inquire of some memberof the ComJudiciary whether they intend by this bill, or any other which they may have in preparation, to provide for such cases as one which I am a out to describe, a case which came to my knowledge about the time of the convening of this Congress, and which I now state in order to attract to it the attentiop of the committee, as it is one of a very large class of similar cases. In Grant county, I believe, in the State of Kentucky, provost marshal of the U.S. ordere certain citizens to take to the jail of that county 2 persons who were ar rested and held as notorious guerrillas. While executing this order the persons in charge of those guerrillas, in order to prevent their attempted ese ape, were obliged to fire at them; and by that volley one of the guerrillas was killed and the other wounded. The persons who took part in that transaction have been indicted by the grand jury of the county for murder in the 1st degree; and one or 2 of them, in order to avoid trial and the conviction which they regarded as inevitable in that county, have been compelled to ese ape from the State.
Mr. SHELLABARGER. Grant county, I think. The papers relatin to the case are at my room. I had them ere I might speak With more precision. Now, sir, that act was done in pursuance of the direct, express order of an officer of the U.S.; it was done in carrying to jail guerrillas. For that the persons concerned have been indicted and are to be tried and executed under the laws of Kentucky. I wish to know whether this bill, or any bill which the committee propose to report, contains a provision that will meet such a case. If this bill now stands in the same form as the printed copy ii on my desk, it will not, accordingto y understandin. reach such a case.
Mr. HARDIG, of Kentucky. Will the Gentfrom Ohio [Mr. Snsnunanosn] myme a word?.
Mr. HARDING, of Kentucky. I desire to the gentleman what authority he has. for v1;;that those persons will certainly be connnd executed.
Mr. SHELLABARGER. I have the au omittedto be done. either by thority, 1st, of the indictment by a grand ury; 2ndly, the statement of citizens of rant county (if that be the county) who saw me upon the subject, and who based their statementu on what they regarded as the state of the pulilic opinion in that county. I have no other authority.
Mr. HARDING, of Kentucky. Does not the gentleman know very well that more than 3/4ths of the men indicted under the laws of Kentucky are not convicted 7 Does he not know ifteparty has any ground of objection to being tried in Grant county he can obtain a change of venue to another county? Let. me say that the law of Kentucky secures to each and eve man, if there is excitement in one county, teright to remove his case to another county where there is no excitement. It has not been denied in any case that I know of. There is no danger in the case cited if “ there was good cause to suppose these were guerrillas. If there was probable cause for their arrest, if there was good cause for shooting them down, these men need have no fears in Kentucky. What I complain ofin this bill is, that it justifies arrest and imprisonment where there was no probable cause for suspicion. If, as the gentleman has said, these were notorious guer rillas, then I say there is no need, in this way, to protect those who arrested them. Any private citizen, under the common law, has the right to arrest notorious outlaws.
Mr. SHELLABARGER. The facts were stated to me by what seemed to be very respectable, truthful, and certainly loyal citizens of Kentucky, one of whom was himself one of the parties indicted. If I have fallen into an error in regard to Grant county I should be glad to hear the facts. I only rose to bring that as a specimen case to the attention of the ComJudiciary. I wanted to know whether the bill provides for such cases. As new drawn I think it does not.
Mr. COOK. I would like to state, in rely to the Gentfrom Ohio, that when the bill was framed it was supposed a provost marshal was a military officer, and that his order was like the order of any other military officer. This case does not stand alone, as there were several cases of the same sort brought to the attention of the ComJudiciary. It may be the phraseology of the bill may be amended to meet more fully such cases.
Mr. SHELLABARGER. The 1st section reads as follows: That any search.seizure.arrest, or imprisonment made.done or committed, during the said rebellion, by any officeror person under and by virtue of any order. writtenor verbal, general or special.issuedby any military officerof the U.S. holding the commandof the Dept.district or placeWithin which sdeh seizure, search, arrest, or imprisonment was made, done, or committed, or any acts were so the personor Officer to whom the order is address or by any other person aiding or assistinghimtherojn. shull be held, and a rehereby declared to comeWithin the purview of the vaicetwtoow fthheichfotuhritshi.sfinftmh.e and nstoixrtyh, asnedetWiointhsoinf tshaoidonuort for all the purposesofdefense, transfer, appeal, error, or limitation provided therein.
Mr. COOK. The words have been inserted “or acts omitted to be done.”
The SPEAKER. stated that the mormnghonr had expired. nNiiOLLaD BILLS SIGNED.
Mr. COBB, from the ComEnrollBill, reported that the had examined and found truly enrolled a bill and JtResolution of the following titles 5 when the Speaker signed the same: An act (S.No.83) in relation to the Court of Claims; andJtResolution (H.R.No. 84) for the relief of the suiierers by the late explosion at the U.S. arsenal in the DistCol.
The SPEAKER, by unanimous consent, as Mr. COBB, chairman of the committee, was about to be absent for some time, appointed M
Mr. TROWBRIDGE as a 3rd member of the ComEnrollBill. AUGUSTUS ll. PLU MMER. On motion of
Mr. BINGHAM, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers of Augustus H. Plummer, U.S. Army, pre.ing relieffrom liabilities for certain drafts; and by the same were referred to the ComMilAffrs. LOAN BILL. The House then proceeded to the consideration of the special order, House bill No. 207, to amend an not entitled “An act to provide Ways&Means to support the Government, ” appiroved March 3, 1865. 1
Mr. MORRILL moved to strike out the following words: Provided, That the bonds which may be disposed of elsewherethan in the U.S. maybe made payable. both principal and interest, in t ccoin or currencyof the country in which they are madepay able. but shall not bear a rate of interest exceeding 5%. perannum.
Mr. CONKLING. If m colleague has no objection, I would like to now the name of the writer of that letter.
Mr. PRICE. I would ask the Gentfrom Illinois [Min Wnxrwonrn] whether, in his Opinion, adding water to liquor injures it?
Mr. WENTWORTH. If you sell it all as water, I have nothing to say. [Lnughten] But if you sell it to the boys as all whisky, adding water to it is another thing. lfit be true that the Comptroller of the currency is engaged in thwarting the efforts of the Administration to bring about the earliest prac tienble return to par values, then I recommend an appropriation be made to furnish his room with the History of the French Assignats and also ofJohn Laws “ Southfiea Bubble.”
Mr. PRICE. I would ask the gentleman if we are to understand that he charges the Comp troller of the Currency with an attempt to thwart a return to specie payment orto dilute the curr rency, to use his own words.
Mr. WENTWORTH. I wish to say that day after day I have seen the Comptroller of the Currency in this House; I have seen him talking with members; I have seen him talking with the lobby, when my own constituents, who have come on here at great expense to see him on official business, could not get him to attend to it, because he was here, not at his desk.
Mr. PRICE. If the gentleman will allow me, that does not answer my question. linsist that the gentleman shall answer the question whether he charges the Comptroller of the Currency with an attempt to dilute the currency that is his language or to thwart the return to specie payments? It is due to the Comptroller oil the Currency that that question should be answered directly.
Mr. WENTWORTH. I will say that I have a resolution partly written calling for a select committee to examine into this matter; and I ledge myself to the Gentfrom Iowa [Mr. men] that if he will not otler such a resolution, I will offer one which will bring the Comp troller of the Currency before a committee to testify in this matter.
Mr. PRICE. Until that time I submit to the Gentfrom Illinois that it would be more in accordance with propriety and strict justice not to make a wholesale charge against a public officer who stands high in the estimation of the people, until the matter can be fully examined.
Mr. wENTWORTH. All I have to say to the gentleman is this: that when a man holds an office as a subordinate, and will not resign when he knows he differs from his chief, then I do not think he is doing right. I think that while I know the opinions of the chief, I know the opinions oithose on the other side.
Mr. PRICE. Then the House is to understand that the Gentfrom Illinois does not make any charge against the Comptroller of the Currency.
Mr. WENTWORTH. Iwill tell you what Here the hammer fell.]
Mr. ASHLEY, of Ohio. Will the Gentfrom Maine [Mr. PIKE] yield in order to enable me to move that the time of the Gentfrom Illinois be extended?
Mr. ASHLEY, of Ohio. Then I move that the time of the Gentfrom Illinois [Mr. Wsxrwonru] be extended to enable him to conclude his remarks. No objection was made.
Mr. WENTWORTH. I am obliged to the House for this courtesy, and I will try and not trespass upon it too long. To the Gentfrom Iowa [Mt Pmcs] I Will say that day after day I have been in this l, Currency here. His relations and mine are so friendly that I know that if he does not agree [ with what I say he will speak to me about the matter and I hope that my friendfrom Iowa, who is so sensitive upon this subject whether his sensitiveness is of the Pickwrckian kind or some other I cannot tell if he will be writing a resolution calling for the appointment of a select committee to investigate this matter, while I go on with my speech, I will offerit for him when I get through.
Mr. PRICE. In reply. I must say oneword. My remarks were not Pickwiekian. I only said what I did because the gentleman whom my friendfrom Illinois has assailed is nothere and cannot be heard.
Mr. WENTWORTH. What! is he notherc? Where has he gone? He was here a few moments ago. IEliau ter.
Mr. PRIC c. Well, sir, whether he is here or not, every one knows that he cannot be heard here in his own defense. If the Gentfrom Illinois has any proof to present ofeither of the 2 charges which his remarks would implyfl have not another word to say.
Mr. KASSON. Will the gentleman allow me to read, in support of his views, a brief extract from a letter from an eminent mer chant of NewYork?
Mr. WENTWORTH. I am occupying the floor by the courtesy of the House. have no objection to yieldin to the gentleman if it bo the pleasure of the House. TeSPEAKER. The gentleman has the right to yield iflie desires to do so.
Mr. WENTWORTH. I yield to the Gentleman.
Mr. KASSON. My object is to show that the industrial and mercantile interests of the country are with the SecyTreasury on this question, and are even in advance of the Government. This gentleman says: “Since seein you I have made further inquiries in relation to the transactionsin merchandisebased upon gold, and I find my opinion confirmed. Tens.both from1stand2ndhands, (until in fact it reaches the smaller grocersandjobbers.)arcalmost invariably sold for gold. The imports from the East Indies, Runny cloth, bags.linseed, Arc. are also usu ally sold for gold. Coffeeis usually likewise on agold basis. Dry gogds.tho imports from England and the Continent, are on the contrary very generallysold for currency, as are also iron, raw silk, and otherEuro pean articles ofiuiport. “From figures you no doubt possess.you can see that the tr:insnctions in articles having gold for a basis are immense;and it BhOWItomy mind that the merchantsarepreparing fora.return to aspeeiebasil whenever the government considersitjudicious itself to return to the hard pun system. I read this for the purpose of thowing that the people are already moving. even in advance of the government, for a return to a specie basis in their business transactions.
Mr. J. L. THOMAS. If the gentleman will yield to me, I will move to adjourn.
Mr. J. L. THOMAS. I move that the House adjourn. The motion was agreed to; and thereupon the House (at 5 oclock and ten minutes p. m.) adjourned. rmmoss, are.
@@@IN SENATE SENATE. Futon, March 16, 1866. Prayer by the Chaplain, Rev. E. H. Gun. The Journal of yesterday was read and approved. EXECUTIVE COMMUNICATION.
The President protempera laid before the Senate a letter of the Treasurer of the U.S.transmitting accounts of receipts and expenditures for the service of the postoffice Dept for the fiscal year ending June 30, 1665; which was ordered to lie on the table. He also laid before the Senate a message from the POTUS communicating, in compliance with a resolution of the 5th instant, information upon the subject of the supposed kidnapping of colored persons in the southern States for the purpose of selling them as slaves in Cuba; which was ordered to lie on the table, and be printed.
Mr. Whidden, and others, citizens of Calais, Maine, praying for the passage of alaw germittin. State of nine, upon the StCroix river and its tributaries, owned by American citizens, and sawed or hewed in the Province of NewBrunswick by American citizens, the some being manufactured in whole or part, to be admitted into the ports of the U.S. freeof duty; which was referred to the ComCommerce. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. WILLEY, it was Ordered.That the petition and other papersin the case of Otwny 1.1.Ucrryman praying to be allowed an amount equal to the bu oncefound against him on the settlement of his accounts as acting parser. the products of the forests of the on the flies of the Senate, be referred to the ComNavAffrs. REPORTS 01"COMMITTEES.R. POMEROY, from the ComPubLands, to whom was referred a bill (S.No.168) to provide for the disposal of certainlnnds therein named, reported it with amendments.
Mr. RAMSEY, from the Committee on revolutionary Claims, to whom was referred the petition of Sarah L. Spring and Harriet Spring, praying that they may be allowed the pension due their grandfather, William Barker, and also that they be allowed the half pay to which he was entitled under the resolution of Congress of October 21, 1780, grantin half pay to the surviving officers of the Revolution. submitted an adverse report; which was ordered to be printed.
Mr. GRIMES, from the ComNavAffrsf to whom was referred the memorial of E. Brown, jr., of the city of NewYork, praying additional compensation for services remdered as an artist with the naval expedition under Commodore Perr to J apau, asked to be discharged from its furtier consideration and that it be referred to the ComClaims; which was agreed to.
Mr. MORRILL, from the ComCommerce, to whom was recommitted abill (S.No.146) for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil, reported it with an amendment. He also, from the ComDistCol, to whom was referred a bill (H.R.N o. 223) to amend an act to incorporatethe Mutual Fire Insurance Company of the DistCol, reported it with an amendment.
Mr. HOWE, from the ComCommerce, to whom was referred a bill (S.No.199) to establish the collection district of Port Huron, and to extend the district of Puget Sound, reported it with an amendment. He also, from the ComClaims, to whom was referred the petition of Cyrus M. Harmon, praing for compensation for the destruction of the presses, stock, type, furni ture, and material of his printing establishment at Raveuswood, Jac son county, WestVirginia, by the rebel authorities in September, 1862, submitted an adverse report thereon.
Mr. CHANDLER, from the ComCommerce, to whom was referred a hill (8. No. 193) to amend an not entitled “An act granting lands to the State of Michigan, to aid in building a harbor and shicannal at Port age Lake, Keewenaw Point, ake Superior, " approved March 8, 1866, reported it without amendment.
Mr. HARRIS, from the ComJudiciary, to whom was referred a bill S.No. 103) to reorganize the judiciary of the U.S., reported it with amendments.
Mr. HARRIS. The same committee, to whom were referred a bill (S.No.8) to reor ganize the judiciary of the U.S. a bill (S.No.12) to define the jurisdiction of the district and circuit courts of the U.S. for the districts of California, Oregon, and Ne vada; a hill (S.No.45) concerning the judicial courts of the U.S.; and a bill (S.No.134) in addition to the several acts to establish and amend the judicial system of the U.S., have had them under consideration; and the provisions of these bills being provided for in the hill just reported, I move that the committee be discharged from the further consideration of these bills. The motion was agreed to.
Mr. TRUMBULL. I suggest to the Senfrom NewYork that I suppose simply discharging the committee will put all these bills upon the Calendar. As they all relate to the same subject and the committee have reported a bill to can out the object of all these billsthey are al on one question of the reorganization of the judiciary l suggest whether it would not be better to move to postpone them and indefinitely so as to take them
Mr. HARRIS. I am satisfied with that course, and I make that motion. The motion was agreed to. BILLS INTRODUCED.
Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S.No.205 fixing the salaries of the district judges of the U.S.; which was read twice by its title, referred to the ComJudiciary, and ordered to be printed.
Mr. WILSON asked, an by unanimous consent obtained leave to introduce a JtResolution (S.R.No. 46) removing the restriction upon the paymentoffpensionstoccrtain persons wIiileni the serviceo the U.S.; which was read twice by its title, and referred to the ComPensions. He also asked, and by unanimous consent obtained, leave to introduce a JtResolution (S.R.No. 47) to provide for the publication of the medical and psurgical history of the war of the rebellion; which was read twice by its title, and referred to the ComPrintg. COMCOMMERCE.
Mr. CHANDLER. I desire to ask the senate to assign some day next week for the consideration of the business of the ComCommerce. There are several very important bills before this body from that committee, and I move that Monday next be set apart for the consideration of bills reported from the ComCommerce.
Mr. WADE. The chairman of the ComJudiciary notified as yesterday that on Monday next he would move to take u the case of the Senfrom NewJersey, [Kin Mr. SEroHcAxNroDsflER. Iwill say Tuesday, then. I move that Tuesday next be set apart for the consideration of bills and reports from the ComCommerce. The motion was agreed to. REPRESENTATION OF SOUTHERN STATES.
Mr. STEWART. I ask leave to introduce a JtResolution. I should like to have the whole of it read, and I ask the privilege of explainingit after it is read.
The President prolemporc. Does the Senfrom Nevada ask for the present consideration of the resolution I
Mr. STEWART. I ask leave to say a few words in explanation. I want the JtResolution printed and referred to the ComReconstruction, but before that question is put I ask unanimous consent to say afewwords in explanation. I have been a careful obser verof the current of events since Congress assembled, and I have come to the conclusion that a proposition of this kind corresponds with the prevailing sentiment in Congress and also in the country as indicated by the public press. I do not mean to express any opinion as to the propriety or impropriety of negro suffrage, which I have studiously avoided doing on all occasions during
Mr. WILLIAMS. With the permission of the Senator I would like to ask imwhether, if the committee of 15 should report a plan of reconstruction embodying the proposition contained in this resolution he would support and vote for that plan, an if he proposes to oppose any repressntation by the rebel States in Congress until that plan is adopted by those States, in case it should be submitted by congress.
Mr. STEWART. I propose to pass it and submit it to the States, and ) neither to oppose nor to ask representation for them, leaving the matter to stand until they have had an o por tunity to vote on it. I propose to vote or it myself. I never offer a proposition that I do not propose to support. I propose to vote for the proposition, and then await the action of the South.
Mr. CONNESS. I rise to inquire whether it 15not a stretch of liberality on the part of the honorable Senfrom Nevada to expect the committee of 15 to sustain his proposition when he refuses to sustain any proposition that comes from the committee of 15.
Mr. STEWART. It may be a stretch of liberalit on the part of any gentlemen to have views of his own; but if that e the case I shall i always stretch my 11 this proposition. liberality. I simply submit If Congress do not adopt it I shall not feel that I am particularly res 0nsible for their action; I simply submit it to them. Other gentlemen have sent propositions to that committee, and it has not been inquired whether it. was a stretch of liberalit or not. I supposed it was a privilege we ha, to submit our propositious and compare ideas. Ofcourse I on y submit it as a proposition to Congress, believing it to be the mile; of the sentiment that has already been expressed.
Mr. SUMNLR. I merely wish to make one remark. I welcome in the Senfrom Nevada a new convert to the necessity of colored suffrage. Already repeatedly on this floor during the present session I have said that colored suffrage was the only guarantee of future peace and security in this country. I have insisted that it was a necessity; that without it your national debt is in peril; without it your freedmen will be in constant peril and this Republic cannot enjoy permanent peace. Sir, I welcome with open arms the Senfrom Nevada. Leave was granted to introduce the resolution, and joint it was read twice by its title.
Mr. SAULSBURY. Believing that this is a prousition which no State ought to acceptd or will accept, I move to lay it upon the table. The motion was not agreed to.
Mr. WILSON. I desire sim fly to say that I thank the Senfrom Nevada for offering this proposition. I have no doubt it will receive the serious consideration of the committee to which he proposes to refer it, of the Senate, and of the country. I am for one, and I believe the country are, willin to settle this whole question on the basis of universal liberty, universal justice, universal suffrage, and universal amnestyc
Mr. STEWART. I would like to have the resolution printed before it is referred.
Mr. HENDERSON. I am under some oh ligations to the Senfrom Nevada also, and I desire to express them. The Senfrom Nevada reads a telegraphic communication from the President, dated last August, to Governor Sharkeyof mississippi, urging upon him to have the Mississippi convention adopt or toingraft upon the constitution of Mississippi the principle of negro suffrage. Iwill state that lastOcto er, when I was in this city, the communication was laid before me by the President, and I was authorized by the President to say in a public speech before the people of Missourithat such were his views. was not authorized to publish the telegram itselfas directed to Governor Sliurkey. 1 did not do so, but I did state that the President in a private conversation with me, and that I was authorized so to say, expressed himselfin favor of negro suffrage, and did a speech at my town in MissouriI stated the precise views of the President as they are now stated before the Senate this mornin. The newspaperpress all over the country has denounced that statement to be false.{ The press of my State not agreeing with me in sentiment has been very free in its abuse and declarations of the falsehood of that statement; . that tl President was not in favor of negro suffrage; that he had never so expressed himself. Now, I suppose that the Senfrom Nevadahas it fr m the President himself.
Mr. HENDERSON. I am under very great obligations to the Senfrom Nevada fer puttin before the country a corroboration of what have said. I, have been left almost without proof of the fact until this mornin. It is now established that this is a genuine document, and that the President, even as early as last August, was in favor of negro suffrage; and I presume that he is yet in favor of negro suffrage. If I am a radical for being in favor of negro suffrage, the President is equally a radical; and I presume that the President will not see fit to change his opinion. I desire that it shall be distinctly known to the country that if the majorit in this body and in the lower l 7 House are to e denounce as radicals and as Jacobins throughout the country, the President should be placed in the same category; that if it be radicalism to be in favor of negro suffrage, the President is the 1st and original radical upon the subject of negro suffrage in his reconstruction. He urged it upon his own. governors and upon the States.
Mr. YATES. I simply wish to say that I am not surprised that any gentleman should find out that free citizens in this country are entitled to suffrage. They will find it out very soon. The JtResolution was referred to the ComReconstruction, and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. MCPHERSON, its Clerk, announced that the HoRep had passed the hill of the Senate (S.No.86) quieting doubts in relation to the validity of certain locations of lands in the State of Missouri, made by Virtue of certificates issued under the act of congress of February 17, 1815, with an amendment, did whichit requested the concurrence of the Senate. The message further announced that the HoRep had passed the following bills and JtResolution, in which it requested the concurrence of the Senate: A bill (H.R.No. 15) authorizing document ary evidence of titles to be furnished to the owners of certain lands in the city of StLouis; A bill (H.R.No. 145) granting land to A. M. Jess, of Jose hine county, OregOn; A bill (H.R.No. 150) for the relief of the administrators and securities ofAlmon W. Bab bitt, late secretary of Utah; A bill (H.R.No, 864) to confirm unto Au gustin Amiot, his legal assigns and representatives, a certain lot of ground in the city of StLouis, in the State of Missouri; and AJtResolution (H.R.No. 67) providin for the reappraisement of the lands describe in an act.for the relief of William Sawyer and others, of Ohio. INROLLED BILLS SIGNED. The message further announced that the Speaker of the HoRep had signed the following hills; which thereupon received the signtiture of The President protempore: A bill (S.No.61) to protect all persons in the U.S. in their civil rights and furnish the means of their vindication; and A bill (H.R.No. 358) to amend an act to extend the charter of the president and direct ors of the Firemans Insurance Company of Washington and Georgetown, in the DistCol. LIST or PRIVATE CLAIMS.
Mr. WADE. I submit the following resolution, and ask for its present consideration: Remlved, That the SecyS he directedto causethe alphabeticallist of private claims extendin to the end of the 30th congressto be continue down to the closeof the last Congress and printed for the useof the Senate. There being no objection, the Senateproceeded to consider the resolution.
Mr. WADE. I have offered this resolution, because whileI served on the ComClaims for several years, in consequence of this index not being continued I recollect it hap pened in 2 instances that claims that had been settled and adjusted ears before came again before Congress. lyn one case a bill passed Congress giving something like $25,000 to the administrators and representatives of a man who had long before that received his pay; and we just found it out in time to repeal the law. It is difficult to ascertain whether a claim has been adjusted or not unless on have some index or some landmark to which you can resort to ascertain; and it occurred to me that it would cost but little to continue this index; and it ought to be brought up. It was the policy of the Government up to 1849, I believe, when it was discontinued. That in all I have to say.
Mr. CLARK. I desire to say to the Senate that I think what is proposed by the resolution will be very useful to the Senate and to the ComClaims. We have found the index which comes down to 1849 to be very serviceable in regard to ascertaining what was done with claims up to that time; but after 1849 we have no index; and oftentimes there will be a petition presented for a claim twice over. A man having his claim partially allowed once, will present it again; and it is sometimes very desirable to have an easy method of reference so as to know what has been done upon a claim; and this proposed index will facilitate that ref erence. The resolution was adopted. JUDICIAL SALARIES IN THE DISTRICT.
Mr. WADE submitted the following resolution; which was considered by unanimous consent, and agreed to: Resolved.That the ComDistCol be instructed to inquire as to the expediency and necessity in ilitlfliulng the salaries of the judges of the supreme court of said District. DEFICIENCY CIVIL BILL.
The President protempore. The morning hon: having expired, it becomes the dut of the Chair to call up the special order, which is the unfinished business of yesterday, being the bill (H.R.No. 86) making additional appropriations, and to supply deficiencies in the appropriations for sundry civil expenses of the Government for the fiscal year ending the 80th June, 1866, and for other purposes. The Senate, as in ComWhole, resumed the consideration of the bill.
Mr. FESSENDEN. Before proceeding to consider the amendment that was under discussion last evening, if the honorable Senfrom Massachusetts will allow me, I would like to amend section 14, the last section which has been adopted. I do not know that it will be necessary to reconsider it. I move, after the word “paid, ” in line 3 to insert the word “annually, ” so that the clause will read. “ that from and after the 1st day of April, 1866, there shall be paid annually, in stead of the yearly salaries at present authorized, to the Director of the Mint at Philadel phia, $4,000, ” &c.
the pliESIDENTprolempore. Thatamendment will be made if there be no objection.
Mr. FESSENDEN. In line 11 of the same section after the word “ dollars” I move to insert the words “to the asst to the chief coiner, $2,000.” That was accidentally omitted. The clause preceding is “ to the chief coiner, $3.000.”
The PRESIDENTprotempore. Thatsmendment will be made if there be no objection.
Mr. FESSENDEN. The word “ engineer, ” in the same line should be “engraver” so that it will read, “ to the engraver, $3,000.”
The PRESIDENTprolempore. Thatamendment will be made ifthere be no objection.
Mr. FESSENDEN. Now the amendment proposed by the Senfrom Massachusetts can be taken u. The PRESIing OFFICER, (Mr. CLARK in the chair.) The question now is on the amendment offered last evening by the Senfrom Massachusetts. The Chairhad submitted to the Senate the question whether it was aprivate claim or not.
The PRESIDING OFFICER. It is not debatable in the opinion of the Chair.
Mr. SUMNER. Then no explanation can be made.
The PRESIDING OFFICER. Not except by unanimous consent. If there be no objection, the Chair will entertain debate.
Mr. FESSENDEN. I should like to have that matter settled. It is settled that on an appeal from the decision of the Chair there {naybe debate. There is a decision, and debate is allowed if any question is raised; but where the Chair will not decide but leaves the matter to the Senate, and he says it cannot be debated, it would forbid debate such as is ordinarily allowed onquestions of order. I submit, therefore, that w new the Chair submits to the senate a question of order without deciding it one way or the other, there should be debate allowed upon it. Otherwise no explanation could be given. "
The PRESIDING OFFICER. The Chair will state to the Senate that the Chairlield yesterday that no debate could be allowed on this question of order. After holding so, the occupant of the chair was somewliat in doubtwhether e had held right, but upon conference with
The President protempera of the Senate, The President protempore of the Senate was of the opinion that the occupant of the chair was right on that point, and the Chair does not feel in clined to overrule his own decision against the opinion of The President protemper e: but if there be no objection, the Chair will allow the debate to proceed upon it.
Mr. FESSENDEN. All I wish to say with regard to it is this: I have been reading this morning the debate which took place last year on this same subject when a similar proposition was proposed. I find that the matter was very sharply contested, although by a very sma 1 vote, 16 to 9, I think, just a quorum
Mr. FESSENDEN. 17 to 9 it was decided to allow the amendment to be made.
Mr. SUMNER. Then let me remind the Senator it came up again at the next stage, and it was again affirmed.
Mr. FESSENDEN. I suppose the same position was affirmed. With) regard to the merits of the claim, it seemed there was a very considerable difference of opinion. But aside from that, I wish to make a suggestion to senators if they will listen to me a moment and suspend their writing. I think the matter is important on account of the principle to be settled by the Senate in regar to these hills which appropriate millions of dollars. Senators, however, do not seem to care anything about them, one way or another, how it is decided or what oes on or what is kept 08.
Mr. FESSENDEN. I ask the Secretary to read the amendment.
The Secretary read the amendment, which was to insert after line 384 of section one the following: For, servicesof James G. Clarke. as actinI charge daffaircsat Brussels from Junc 11.1.807t, o September 27, 1858, $6, 483.
Mr. HOWE. I wish the Senator would state how he distinguishes between the character of this claim and the character of the appropriation proposed for Handy and the appropriation that was struck out yesterday for teemployes in the rarest marshals Office here.
Mr. FESSENDEN. That came under a law authorizing the appointment of clerks. They were renlarl employed.
Mr. HOWE. I there was a law authorizing their appointment they would have been paid.
Mr. iESSENDEN. It was for the want of an a reriation that it wa. but on, I suppose; but 5thgre seemed to be sogie doubt about it I did not strenuously resist striking it out. I said that I cared nothing about it, and that it might be struck out because I had some doubt about it.
Mr. HOWE. How long does this man charge for?
Mr. SUMNER. 15 months. I will explain it.
Mr. FESSENDEN. If it is a private claim I want it struck off. If it is not, I am perfectly willing that the Senate should act on it on its merits.
Mr. SUMNER. If I can have the attention of the Senate for one moment, I think I ca n make this case clear, although I must not very flattering when I see the little interest 1 the Senate take in the discussion. The Senfrom Maine, however, has already reninded you of that. In considering this question you will not for get that in 2 respects it has already been passed upon by the Senate. In the 1st place, the Senate have recognized it as a claim proper to be put upon an appropriation bill, and not exeluded by the rule of the Senate; and in the 2nd place they have recognized it as aclaim that Ought to be paid; in other words, as a meritorious claim. In considering the question, therefore, I think all will agree that approach it with that advantage 2 different determi nations of the Senate on 2 dilicrent points essential to your covelusion. That is all I have to say on that head. Now, as to the character of the claim itself, the Senfrom Maine has not stated it with crfret precision. Naturally, he was not as {Familiarwith it as it has been in duty to be. Our representative at Brussels, think, was what is called a minister resident, and not a charge dnffaires. He had with him at the time a young gentleman acting under the name of an unpaid attache. Concluding to return home on a visit, as it seemed for the moment, and following the instructions of the Dept, be selected this gentleman as the representative of the Government in his absence, and according to usage in such cases, presented him to the Secretary for Foreign Affairs Of the Government to which he was accredited as charge daffaires adinterim. In doing so, he followed the usage under the law of nations, and also the usa o of our own Government; and I may add, a so, he followed the instructions from the Dept of State at Wash “) 011.
Mr. SUMNER. The Senfrom Wiseonsin asks me what those instructions were. They were in conformity with the law of nations, when the minister goes home to leave his papers in the custody of the secretary of lecration whom he shall present to the Minister of Foreign Affairs as charge daflhires adinterim, but ifthere be no
Mr. FESSENDEN. I should really like to know in what author the Senator finds that part of the law of nations.
Mr. SUMNER. I think the Senator will find it. in all. The Senator will find that it is the fixed nsa e of diplomatic law.
Mr. FESSLNDEN. It may be the custom among diplomatic men, but it certainly never met my eye in any book on the law of aations.
Mr. HENDRICKS. It would be very pleasant to recognize this claim and pay it; but that it is a private claim is almostainatter of demon stration in in mind. If we intend to stand by the rules of the Senate, we might as well do it on this case as any other. It is proposed to pay a man for services that he cannot get the money for under any existing law. That certainly makes it a rivote claim.
Mr. GUTHRIE I have not considered this claim as a private claim, and it will be very in convenient ifgentlemen shall come to consider such claims as this private claims. The Sea ator from Massachusetts states the practice right, according to my understanding. in the appointment of citizens abroad when a minister leaves his post; and that is just as regular an appointment as if he was appointed and nom inated by the President and confirmed by the Senate, and under the usage we are just as much bound to pay for that service as if the person had had a regular appointment. If the authorities had the money in the Treasury, under that usage, appropriated for this subject, he would have been paid.
Mr. FESSENDEN. The Senfrom Massachusetts says that the reason why they did act pay him was that there was no law for his appointiuent.
Mr. FESSENDEN. They did not attempt to at that on an appropriation bill.
Mr. GUTHRIE. No; it was introduced its a private claim. 1 onlymention that as an illustration of the urn men who have private claims are treated in congress. I contend that this is a private claim, and it has not been aid because on had not appropriations enoug to pay it. say it is not your polic that claims of this sort for services done in oreirn countries shonld have to run the route of, private claims between these 2 Houses of Congress on set a few exam persons to session after session. If ples of this kind, you will get no spend their time and money abroad in your service; at least none that are worth getting.
Mr. HENDRICKS. Will the Senator allow me to ask him one question?
Mr. HENDRICKS. I am not informed on this subject, and I wish to know whether he was such a public Officer under existin laws as that he could draw his money when e returned to the U.S., and whether the only difficulty in his way was the length of time that had elapsed, so that the appropriation for it had gone back into the Treasury.
Mr. GUTHRIE. I must leave the answer to thatquestion to the Senator who has charge of this claim. I accidentally happened to become adquaiuted with this gentleman. He is a very intelligent gentleman; and in the course of conversation, he stated to me the facts that the Senfrom Massachusetts has detailed in relation to his services. He is not exactly of the political tinge in all respects that I am myself? for I was one of those men who believed that the Constitution was sufficient to carry on a foreign war, without violating it, and to suppress insurrection, without violating it; and I still believe it notwithstanding all the examples that we have had, and all we have heard on the subject. I have believed, and still believe, that the Constitution that was made by our fathers was sufficient for peace, suffiment for war, sufficient for insurrection and civilWar, if we had adhered to it and carried it out as we on ht to have done.
Mr. FESSENDEN. The Senfrom Massachusetts brought in Mr. Masons connection with the rebellion as one argument why this amendment should be made; my friendfrom Kentucky has brought in the cotton contracts and it only remains to bring in the negro, an then I think we shallhnve all the subjects on thisquestion of order, [lau hter] and whether I sha 1 give it up or not, I do not know.
Mr. GUTHRIE. I hope I shall never bring the negro into this Chamber.
Mr. FESSENDEN. I said the Senator brought in the cotton contracts.
Mr. GUTHRIE. Not the cotton contracts, but the cotton robberies.
Mr. POMEROY. I would not have said a word in reference to this matter but for the fact that the Senfrom Maine spoke of this entlemnn as being a gentleman of fortune. do not know how that maybe
Mr. FESSENDEN. I inferred so from the debate that took place at the last session.
Mr. POMEROY. My acquaintance with this gentleman arose in this way: having been tel egraphed at the time of the battle of the will derness to recover the person of General Bart lett, who had been dangerously wounded, I went down there and found this gentleman there acting as a volunteer nurse.
Mr. FESSENDEN. That has nothing to do with the question at all.
Mr. POMEROY. I thought if he was a man of fortune he would hardly be there acting as a volunteer nurse and taking care of our soldiers.
Mr. FESSENDEN. Many persons of for tune not only devoted their time, but their for tunes to that work.
Mr. POMEROY. If he is a gentleman of fortune, I am very glad to hear it. I do not think he is. He endeared himself to me very much in his voluntar labors there.
Mr. GRIMES. I now this gentleman quite well, and knew his parents before him. I would like to vote for this claim I believe it to be just; but at the same time I concur with the Senfrom Maine in the belief that it is a private claim, and if we can put it on this bill, we can put almost any other bill that can be conceived of or introduced here and referred to the ComClaims on a general appropriation bill. If the Senfrom Massachusetts will introduce this claim as a separate and distinct measure, I will vote for it and do anything lean to secure its assage through this body and the HoRep; but, notwithstanding my friendship for this Gentleman, and my desire to see this money repaid to him, I am not prepared to violate what I understand to be one of the settled rules of this body. There has only been one case in the 8 sessions that I have been here that is an alogous to this case, and that was the case of a consul to Havana by the name of Helm, from Kentucky, to whom an allowance was made under somewhat similar circumstances on an appropriation bill by the casting vote, I think. It in the vote was one majority. I believe he afterward went into the rebellion;I am not certain about that. That was considered as an exceptional case, and every other similar case has been rejected when it has been presented.
Mr. CONNESS. There has been much said, and Ipresume will be again, upon the question of the difference between pn lie and private claims. If the distinction madeby the honorable Senfrom Indiana [Mr. HENDRICKS] is the true one as between apublic and private claim, then we can understand just where to apply that rule, both to this case and all other cases, namely, that where the existing law authorizes certain services to be performed, and there is a failure on the part of) the party to receive his compensation because of a want of appropriation in the public Treasury, that becomes and is a public claim, and may be supplied by an amendment to an appropriation bill. If, on the other hand, services have been rendered without authority of law by a citizen or person, then it becomes a private claim, and is to be brought before Congress for examination, he trusting to the equity ofhis case before Congress. If that is to be the distinction, then it is clear that this is a private claim, and the line between private and public claims may be easily drawn. Therefore there is no hesitation in my mind as to how to vote on the subject. I will add that, after the statement of the Senfrom Massachusetts if he will introduce a bill to pay Mr. Clarke or these services I will vote for it; but there ought to be a rule and a line of distinction somewhere, and if the one made by the honorable Senfrom Indiana, if I have apprehended it correctl, is the true one, I think it is a clear one, an one easily to be understood.
Mr. SUMNER. The Senfrom California assumes that the line indicated by the Senfrom Indiana is a correct one.
Mr. SUMNER. The Senator says “ if it is.” I understand the Senator assumes that it is.
Mr. SUMNER. Very well. It a pears to be. I try to state the Senator correct y. Now, sir, there are many instances to the contra; only one has been referred to: that of Mr. Helm. I have not troubled myself this morn in to look at the former precedents, but I think there are at least 2 where marshals in China have been paid on appropriation bills for services having no precise sanction in the existing law. such services were contemplated, but at the time they rendered them these parties were not technicall in the condition to receive payment undert e existin" laws, and nevertheless they have been mida on appropriation billswhich have nsse this body.
Mr. FESSENDEN. here are numerous cases where private claims have got on appropriation bills. We try to keep them 0, but sometimes we cannot.,
Mr. SUMNER. The Senfrom Maine reminds me that there are numerous cases where private claims have got on appropriation bills. All I want the Senate to do is, to act on this claim, not as a great precedent for the future, nothing that is to make a precedent to bind you in the greatherenfter and as goin to determine an absolute rule of law. Meet this case on its merits and its peculiar circumstances. It is only rarely, that such a case can occur, that a person can enter upon duties like those under such circumstances, can perform them so long and the country become so completely and substantially his debtor. such a case must be of very rare occurrence. Now, sir, technical], and only technically, this person could not look to the Dept for compensation, because he had not been appointed and confirmed by the Senate; but in equity, I say, he could look to the Dept of State and to his country for payment; and I do submit, without any view of trenching upon the rule of the Senate, that a case likethis may properly be placed upon the vmropriation bill. here will be no sacrifice. our ills will not be embarrassed.
Mr. FESSENDEN. Just as much by this.as anything else.
Mr. SUMNER. I submit the precedent will not be a dangerous one; at any rate that is the way I view it. I cannot see it otherwise. It seems to me it comes so closely to an obligation of the country under precise law that you cannot err if you place it on this appropflallon bill.
Mr. HENDRICKS. I think it isnot of much consequence whether we pa chum or not; that is a small matter in my judgment; but it is a very great matter whether we stand by the rulewhich forbids the tacking of private claims to a general a )propriation bill, because each proposition ought to stand upon its own merits; and this thing of carrying through a private claim by the weight of a general appropriation bill, and compelling Senators either to vote against an appropriation bill or for an unjust private claim, works corruption in legislation in my judgment; and therefore I think the principle is a very important one. I cannot see any other rule than the one I suggested. If a man does service for the Government under existing law the only question is, is there money in the Treasury appropriated out of which he can be paid? Ilpthere be, he goes and gets his money. If there be notI it only awaits an appropriation for him to get the money. Therefore I think the rule is a good One.
Mr. HOWE. I would not have paid any at tention to this subject ifl had not been expressly ordered to do so both by the chairman of the ComFinance an the chairman of the ComForRel. 1 was engaged in writing, but upon their requisition I idpay some attention to the debate and as I do not happen to agree with either of them, I want tostatewhat ails me. Laughter.] Now, when it is alleged that it is the rule of the Senate to restrict these appropriation bills to making appropriations for services rendered under existing laws, why I feel that I am authorized to plead nul tiel record. ldo not believe any such rule can be established. On the contrary, I believe your appropriation bills are habitually employed to make appropriations not only for that class of services, but to make appropriations in a great many cases for seryices which have been rendered without any provision of law authorizing them, and also to make appropiiations for expenses of any kind. sort, or description that Congress sees fit to make, entirely irrespective of the question whether they are claims or not. You make appropriations for lighthouses, for harbors, for a variety of subjects. I had occasion to look over the constitution of your Library and the constitution of your botanic gardens here the other day, and those institutions, if they are to be called institutions, exist almost exclusively in virtue of a series of appropriations made to them in these appropriation bills.
Mr. GRIMES. That is not the question here. The question is as to an appropriation to an individual.
Mr. HOWE. I do not understand how that alters the principle of the bill. If it is dangerows to make an appropriation for an individual on a bill like this, is it not much more danger: ous to make an appropriation to improve a bar bor or improve a lighthouse, or to purchase a book?
Mr. FESSENDEN. The rule is that a private claim shall not be added to an appropriation bill. There is no rule that other things shall not be added to it. There is the difference. It is the rule of the Senate.
Mr. HOWE. I am denying the existence of a rule.
Mr. HOWE. Still if we are compelled to pay for these services, then the law which requires the appointment to be confirmed by the Senate is effectually evaded. I can see no other way of putting a stop to thatusagc, ifitisawrong one, as I think it is a wrong one, but for us simply to say we will not pay for such services. Whatever the question is, therefore, that is submitted to the Senate, I shall vote in that way upon it which will tend most certainly to prevent the payment of this claim. I should vote against putting it on here, if that was the question, not because I would not as lief pay it ere as in any other place, but because I do not believe it is safe to recognize the obligations of such claims.
The PRESIDING OFFICER. The nestion to be submitted to the Senate is, Is this a private claim? The question being put. it was decided in the affirmative, there being, on a division ayes 18, noes not counted.
Mr. FESSENDEN. There was one amendment put on the bill last night, without my making any objection, by the honorable Senfrom Massachusetts. My mind is not satisfied about it, and I wish to call his attention to it. I should like it very much better if he could state whether the service indicated in it has been performed. I
Mr. SUMNER. I have no. information on that head beyond what was communicated to me by the Dept of State. The items which I sent to the Chair, and which have been at upon the appropriation bill, were furnished By the Dept of State. As the Senate will remember, the 1st of them was For the pay of the U.S. commissioner and for the pay of the U.S. surveyor, and for incidental expensesin the execution of the duty as signed to the Jtcommission appointed under the 1st article of thereei rocity treaty between the U.S and Grout ritain of the 5th of June. 1851. from November 4. 1866.to March. 1866, $3, 600. That is the 1st item. Now, as we are actu ally in the mouth of March, 1866, it would seem as if those services must have been performed. Then the next item is: For drafting and compilation of the final chart showmg the placesrcse rved from the commonliberty of fishing. their limits and description, The sum total is $54, 400. On this Mr. Seward says:. “I have the honor to recommend thatprovisionbe made thereforin the deficiency bill." I laid this before the committee which I represent on this floor, and they directed me to move it on an appropriation bill, and I have made the motion accordingly. I have no information With regard to it beyond that furnished by this letter. except that 1 may say I understand that one of the gentlemen, the surveyor, I think it is, or some of the Officers engaged in this service, has called at the committee room and has seen the clerk of the committee once or twice and has made some explanation to him with revardto it.
Mr. FESSENDEN. I suppose this debate is out of order as there is he motion pending, and if the Senfrom Massachusetts has no objection, I will move to reconsider the vote by which that amendment was agreed to. The mtR agreed to.
The PRESIDING OFFICER. The question now is on the amendment offered by the Senfrom Massachusetts.
Mr. FESSENDEN. The commissioner alluded to in this amendment is a friend of mine, for whom I have a great regard, living in my State; but really I do not understand the amend ment. 2 years ago it was proposed to me on the committee to make an appropriation to finish up this line. The treaty arrangement endured for ten cars. It expires today or tomorrow, I think.
Mr. SUMNER. I certainly do not wish to have any question with the Senator on this point, but he knows from his own position on is committee that we have not our choice of duties always. He represents his committee, and I, in my humble way, represent that with whichI sin connected. This question came before the committee in the ordinar course of business on a communication from the Dept of State. I am free to say that I did not go behind that communication. It seemed so exlicit, so entirely to the point, as to superas e inquiry. I accepted it on its face; the committee accepted it on its face, and directed me to make the motion which I have made. Now, I ask the Senfrom Maine whether, under the circumstances, he thinks it advisable for us to go behind the positive statement of the SecyState on this subject. That is the 1st inquiry I will address to him.
Mr. FESSENDEN. I will answer that directly. Itism invariable practice. if I do not understandfully a propose appropriation, or I am not satisfied with its details, get the information before I agree to it; I call for further information and explanation.
Mr. SUMNER. I hope the Senator will pardon me if I ask him again what details are needed.
Mr. FESSENDEN. I want to know how they make out this sum of $3, 600. I cannot see how they make it out.
Mr. SUMNER. It is stated what it is for; I will readagain for the benefit of the Senator: For pay of U.S. commissioner
Mr. FESSENDEN. It is the fishing boundary commission.
Mr. SUMNER. I will finish it and for pay of the U.S. surveyor, and for incidental expensesin the execution of the duty as signed to the Jtcommissionappointed under the 1st articleof the reciprocity treaty between the U.S and GreatBritain of the 5th Junc, 1854. from November 1. 1865, to March. 1866.
Mr. SUMNER. The Senator asks me who get it. The commissioner and U.S. surveyor get it.
Mr. CONNESS. “That did they do, and whenwras it done?
Mr. SUMNER. I will answer both questions: what did they do, and when was it done? They did the duties of commissioner and U.S. surveyor and they did them from November 1 1865. to March, 1866.
Mr. CONNES. What are the duties? What did the do?
Mr. SUMNER. The duties of a U.S. commissioner and surveyor under the Jtcommission appointed under the 1st article of the reci vrocity treaty. If the Sen ator asks me the etails of their duties, I cannot ive them. It
Mr. FESSENDEN. I can tell the Senfrom California, iflie really wants to know.
Mr. FESSENDEN. The treaty made certain provisions relative to fishing boundaries; that is how near our fishermen should be allowed to go to the British coast, and a commission was provided for to run that line and establish it permanently, so that it might be known how near the British coast we had a right to go, and where they had a rightto come on our coast also.
Mr. CONNESS. Are they running that line yet
Mr. FESSENDEN. It seems that it is now finished, and part of this appropriation is for a map desinatin where the ine is.
Mr. FESSENDEN. This map was made by the surveyor, and why he should be paid for that in addition to his salary I do not understand. The amendment was not agreed to.
Mr. GRIMES. On page 34, section 12, after line 30 4 I move to insert the following: To supply a deficiencyin the appropriation for the Naval Academy for the fiscal year endinq J nos 30. 1866.$178, 064. The amendment was agreed to.
Mr. HENDRICKS. I ask the attention of the chairman of the committee to an amendment which I desire to offer. I presume he will not object to it. It is on page 22, line 518 of section one. I propose to increase the appropriation made in that paragraph by $3,000. I e appropriation is now $5,000. I propose to make it $8,000; so that the clause will read: For the fencing in. repair and completion of the U.S. courthouseand postofficeat Indian apolis. Indiana and paving thesidewalks in front of the same.the sum of $8.000 or such part thereof as maybenecessary.to beexpendedunder the secyInterior., ll
Mr. FESSENDEN. I should like to have the amendment explained.
Mr. HENDRICKS. The purpose of the amendment is to get enough to of the work. 5,000 dollars is not enough. The importance of it is shown in every way possible. know it personally myself. This courthouse buildin is within a few doors of my law office, and I ine w the necessity of this work being completed. The district judge has also recommended it earnestly to the Interior Dept. The marshal, the clerk, and the district attor ney have all urged upon the Dept to make a recommendation, and the Dept has made a recommendation, and says it is very important to complete this building and the fencing of the lot and to make a avement. This building is in the center of Indianapolis, and in a very elegantly built up part of the city, and it is very properand right that it should be finished. The Secretary says: “ My attention has beencalled to thesubjectby the postoffice Dept and on repeated occasions by the marshal of the district of Indianabut I have no fund under my control applicable to the required improvement. 8,000 dollars will bence cled for that, and I recommendto the committee of “My! and Means the appropriation of that amount. submits. draft of a section." die. This is the recommendation, and the present Secretary has repeated it in a letter to myself, inclosing this to me.
Mr. FESSENDEN. Is that letter from the SecyInterior?
Mr. HENDRICKS. Yes, sir, from the former SecyInterior and indorsed by the present Secretary. 8,000 dollars is necessary to do the work. The amendment was agreed to.
Mr. FESSENDEN. I suggest to the Senator to strike out the introduction to his amendment because it is unnecessary to say an thing about the Eu incer office of the Interior dept.
Mr. CONNESS. I have no objection to that; and I will say furtherto the honorable chairman of the ComFinance that the last item in the amendment is $3,000 for contingencies. All the other items, it will be seen, are specific appropriations within which there is no margin an it will be for the honorable chairman of that committee and for the Senate to determine whether that Dept shall be left without a dollar for contingencies or not. That amount may be cut down or allowed to remain or struck outentirely without affecting, ofcourse, the work done; but I have the greatest confidence that there need be no alarm felt with that Dept, nor with the engineer who is detailed there lost a misappropriation of that small amount should be made. I have not the slight est; but I submit that matter to the chairman.
Mr. FFISSENDEN. I find those items in the original estimate sent to Coyigress from the SecyInterior. They were not put in this bill by the HoRep, and since then they came before the comFinance, but they came so late that we were unable to investigate them before reporting the bill, and therefore deferred them. The engi neer was before us and have explanation of all the items. Since then they have been reexam ined and rewritten by the engineer, findin some mistakes in the orinal estimates; and at my request the honor able Senfrom California has been good enough to give his close attention to them, and there have been some other amendments made. The only question that strikes me is one for the Senate to decide, and it is a matter upon which I can have no definite o inion of my own. so many other gentlemen are etter acquainte with it than I am. The original Pacific railroad bill, as I understand, made no provision for the payment of these officers, who are undoubtedly neccssag. I supposed when I 1st looked at it that e omission was accidental. I have since been told, however, that it was thought better at the time that these Officers to discharge these duties should be paid by the Government in order to protect the Government, and not have them paid by the railroad company. The Senator knows better than I do whether that was the view presented at that time.
Mr. FESSENDEN and I understand from him that the SecyInterior is of opinion that that is a wise provision, and that "they ought to be paid by the Government. That these estimates are correct, having under gone the very thorough revision they have from so many quarters, I am not prepared to dispute. I presume they are correct; and if the Government ought to pay these bills, there being no provision whatever with regard to it, then this appropriation ought to be made. M own imiicssion was that the whole expense of the roa ought to be paid by the companies. The appointment of these commissioners to ascertain these facts is a necessary part of the expense, and [thought the Government should not be made to hear these contingent expenses of different kinds; we already see that they amount to quite a considerable sum.
Mr. CONNESS. I will state in that connection to the honorable Senator that there is a greater proortion of expenditures now than there will be creafter.
Mr. FESSENDEN. Still I suppose we must expect to pay something every year while the road is going on.
Mr. FESSENDEN. My own opinion was the other way, and I suggested a remedy, and that was to refuse to imue bonds until these bills were paid and the Government relieved; but I find so many opinions against me of Gentlemen“ whose viewsI have a respect for with regard to what would be the ea c and finally the economical course for the Government to take, that I do not feel disposed to combat the matter, but to leave it to the Senate to decide whether it is best to put on these items or not.
Mr. CONNESS. I will repeat to the senstor again that so far as the company in Califoruia are concerned the did pay the commissioners, and they are wiling to go on and pay them. They care but little or nothing about the amount required for that purpose. They have no wish in the premises. But the Inte prior Dept, and myself in connection with them, have discovered that in rerd to that service, the Government would e best served by a small amount bein paid directly from the Treasury, and thus may ing these officers independent. of the company. The amendment was agreed to.
The PRESIDING OFFICER. The Chair will put the question on concurring in all the amendments madeas in ComWhole together, unless some Senator desires a separate vote on some amendment.
Mr. SPRAGUE. I desire a separate vote on the amendment striking out the clause after the 98 h line of the 1st section for the survey of the Seckonk river.
The PRESIDING OFFICER. Thatamendment will be excepted.
Mr. SPRAGUb. I desire also to have a separate vote on the amendment striking out the proviso in the 422nd line of the 1st section in relation to the purchase of carpets. the PRESIDING OFFICER. Thatamendment will also be excepted. If no other amend mepts be excepted, the Chair will put the question on concurring in the balance of the amendments together. The remainder of the amendments were concurred in.
The PRESIDING OFFICER. The question now is on concurring in the 1st excepted amendment, to strike out, after line 98 of the 1st section, the following clause: For survey of and for buying out Seckonk river, from Pawtucketto India Point, in Providence, RhdIsland. 81.000.
Mr. SPRAGUE. This appropriation appeared on the mise ellaneous ill of the last session, and was obtained by my colleague in the other House. It was obtained by hispersonal representations of the case from his own knowle go of the importance of the appropriation. In reference to the buoys, he said: “They have becomegreatlydame edlfromneglect and in the last CongressI furnishc evidencet at it would take $1,000to replace them and that sum was insertedin the mise ellaneousappropriation bill which“ was lost in the close of the last Congress. Our comimnitttheies boi lnl AnpopwrobperfioartieoEnosnginrseesrst.edThtheeaspapmrooparmiaotiuonnt as becomea matter of necessity, and if not made now. a much larger sum Will be required at some future day."
Mr. JENCKES, of the other House. He obtained the appropriation on the mise ellaneous appropriation iiill of last session. He made representations of a character that induced the House to put it upon that bill, and the same rercsentations were made to the committee of the House at this session.
Mr. FESSENDEN. All I can say about it is there was no evidence whatever that we could find anywhere; there was none among the papers that came u from the ComAppropriat of the House, and there was no recommendation of it in the estimates. There is nothing stated in what the Senator has read as I understand it, except that the honorabic member of the House a uded to by the honorable Senator states that be satisfied the committee there that it was necessar, and they put it in the appropriaIion bill. lhat is hardly enough to satisfy the Senate. We ought to be satisfied also about it. The ComFinance struck it out simply because there was a want ofinformation on the subject from the Dept. There does not seem to be anything to found it on except the statement of the honorable member from RhdIsland, that in his opinion it is necessary to be done. The customary mode here has been ordinarily in these cases to obtain arecommendation from the Dept; in the 1st instance to satisfy the Dept having charge of the subject, and if they become satisfic of its necessity then it may be done. I think it would be better to strike it out of this bill and put it on the mise ellaneous appropriation bill for this Lair. It is not a de ciency because the work not been done, and there will be a mise el laneous bill before us by and by, and if then we become satisfied of its necessity there will be no objection to it.
The President protempore. The question will be on concurring in the amendment made as in ComWhole. The amendment was concurred in. The next excepted amendment was on page 8, line 4 hnn red and 22, section one, to strike out the following proviso: Provided, That in}the purchaseof carpetsfor any of the public buildings or officcs under any appropriations heroin proVided, they shall be of domestic manufacture.
Mr. FESSENDEN. The committee went upon the principle that it is best to buy carpets where you can buy them to the best advantage. There is a great deal done in that way in rerd to these matters. Of course all our feelings are in favor of domestic industry where we have carpets at home, but as an economical committee, a committee looking to the finances and expenditures, we thought it best to leave that matter to the discretion of the purchasing agents to bu such carpets as they could buy to the best a vantage, instead of making it absolutely necessary that they should buy at home. I believe there are some 3 or 4 carpet factories in the U.S., and putting in these provisions has a tendency to raise prices and to give advantages which we think opght not to be put upon appropriation bills at any rate.
Mr. SPRAGUE. It was not the amount of the appropriation that I had in view in submitting the motion I did. I desired a recognition on the part of the Senate favorable to domestic interests. I thought as the members of the other House, the most numerous branch of Congress, who are supposed to come nearer the people, perhaps, than the members of the Senate, had recognized the importance of this great interest, the Senate should also unite with them. The probability is that the amount of carpets to be furnished to the Government would hardly employ the time of an considerable manufacturer one day; but desired that the domestic interest might be recognized by the Senate. It has done so in previous legislation without any detriment, I believe, to the Government. All I desire is the simple recognition of our own industry. The amendment was non-concurred in.
Mr. POMEROY. I call the attention of the chairman of the ComFinance to an amendment that was concurred in while we were in ComWhole, on page 24 of the bill in line 567 of section one. The HoRep inserted a provision to pay the expenses of taking the census in Arizona; but it was stricken out by the ComFinance under the apprehension that there was no law for taking that census. I find upon referrin to the organic act of Arizona, that instead of giving them a new act and prescribin definitely what the duties of the marshal an governor and the territorial officers should be, we reenacted the old statute that or nized them into the Territory of NewMexico, and provided that the same Officers, discharging the same duties, should apply to Arizona that a lied to NewMexico. By going back to tige law of 1850, organizing the Territor of NewMexico, I find it was made the duty of the governor, before he called the Legislative Assembly together, to take a census and to apportion the members of the Legislative Assembly among the people after the census was adopted. As we reenacted that law in the organic act of the Territory of Arizona, it becomes the law of Arizona. The Governor did order the census to be taken. The marshal, Mr. Duflield, to my knowled e, for I have letters from him on that subject, did take the census, but he has never received any pay for it. It was taken according to law, and I know of no reason why he should not be paid. Therefore, I move that the Senate do not concur in that amendment made as in ComWhole.
Mr. CONNESS. I shall not occupy the time of the Senate except to say that I have looked into this matter to some extent, sufficiently to satisfy me that whatthe Senator states is entirely correct, that itwas authorized by law, and this entle man has not been paid. He was here ast year to get his pay, and the reason he did not receive it was because there was no appropriation. He is a very good man; there cannot be any better; he is one of that class of men who would not prefer a claim against the Treasury unless it was a valid and just one.
Mr. FESSENDEN. The sole ground upon which we struck out the item was that we did not know that there was a law for takipg the census. If there was a law for it, I have no objection to the clause being allowed to remain in the bill.
The PRESIDING OFFICER. The Sons tor from Kansas moves to reconsider the vote by which this clause was stricken out. The motion was agreed to.
The PRESIDING OFFICER. The question now is on concurring in the Senate in the amendment striking out this clause. The amendment was not concurred in.
Mr. SUMNER. In pursuance of the suggestion from the Senfrom Maine, I have sent to the State Dept for the precise information with regard to the item to which he objected. I have not yet received an answer but am expecting it every minute. 3 minutes ago was called to the door by a gentleman who I think is either the surveyor or commissioner, and who is at this moment in the office of the SecyS engaged in making out a list of the items that compose the amounts in the estimates which I sent to the desk.
Mr. FESSENDEN. I will move, then, for the accommodation of the Senator, in order that the matter may be fully explained, that this bill be laid over, and we can go on with the naval appropriation bill. The PR iSIing OFFICER. This bill will be laid aside informally. The Senfrom Maine can call it n at an time.
Mr. FESSENDEN. should like to have the bill disposed of today but in the mean time I propose to take up the naval appropriation hi 1. ROBERT HENNE.
Mr. KIRKWOOD. I move to take up House bill No. 217.
Mr. FESSENDEN. I should like to take up the naval appropriation bill.
Mr. KIRKI OO. This will not take 2 minutes.
Mr. FESSENDEN. If it will not take any time, I will not object.
Mr. KIRKWOOD. It will not take but very little time I think. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 217) for the relief of Robert Henne. It directs the SecyInterior to increase the pension of Robert Henne, late of company I, 12th Missouriinfantry from 17 dollars permonth to 25 dollars permonth, and to pay him such increased pension from the passage of this bill.
Mr. FESSENDEN. There ought to be some exlanation of the bill. Mr. KIRKWOOD. There is a report of the House committee, which is concurred in by the Senate committee, accom nying the bill. I know the facts in self, an can state them in less time than tie reading of the report would take. This person is from Iowa. when the war broke out. he desired to go in the 1st Iowa regiment, but could not get in. He went voluntarily, however, and accompanied the regiment, and was afterward transferred to a Missouriregiment, served there, lost a leg and arm, and had his other arm crippled; so that he has lost one arm and one leg, and has his other arm crippled. He is almostentirelyhelp less. We propose to increase his pension on that account, in the same way that we have increased the pensions of others similarly afflicted.
Skip Skip The bill was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. NAVAL APPROPRIATION BILL.
Mr. FESSENDEN. I move now to take up the naval appropriation bill. The motion was agreed to; and the bill (H.R.No. 122) making appropriations for the naval service for the year ending 30th June, 1867, was considered as in ComWhole. The bill was read; and the amendments reported by the ComFinance were acted on in their order. The 1st amendment was to strike out the following proviso at the close of the appropriations for the bureau of Yards and Doc 8: Provided, That there be transferred from appropriations for fuel to the contingent excrisesof the Bureau of Equipment and Recruiting, 00,000 and in lieu thereof to insert: Bureau of Equipment and Recruiting:, For expenses that may accrue for the followint purposes.naincly: expenses of recruiting, "Moll"! expensesof otheers. transportation of "100"Hm "3 and station or ndvortisinir in public ncWspllPLlB. postageon nu ho letters. wharf“! In apprehension of deserters.pilotpzc and terrace of vessels and wistance to vesselsin distress.$800, The amendment was agreed to. The next amendment was to add the following item to the appropriations for the Boston navy yard: For purchase of Oakman A: Eldridges wharf. 5155.000: Provided, That this sum shall cover the whole cost of the property and that it can be ac finaligtl on terms satisfactory to the Socrctary of the
Mr. SUMNER. This is an old affair; it was considered here a few years ago. It is to me a very embarrassing question; I am very sorry it is here; I am very sorry thatI have to say anything about it. It is a toposition to ay $135,000 for the purchase o law arf in Char cs town. If the wharf is needed by the Govern ment, do not see that there can be any good reason why it should not be taken, even though the city authorities of Charlestown object to it very much. They consider it important to keep that wharf for the commercial purposes of the town; they think it ought not to be surrendered to the navy yard. Besides that, they represent that the sum proposed to be paid is about double its value; on that I can have no opinion, I am no judge. I know the situation very well; I have been more or less familiar with it from my childhood, but I can have no opinion on its value. Under the circumstances I am much embarrassed, because the cit authorities of Charlestowu, within whose Jurisdiction this wharf lies, object to the purchase. [have in my hands a letter which has been addressed to me by the mayor, and as it is an official document I cannot disregard it; at least I ought to bring it to the attention of the Senate.
Mr. FESSENDEN. You had another last year.
Mr. FESSENDEN. But suppose the owners should not be willing to accept their valuation
Mr. SUMNER. Then it would fall to the ground. I do not say you can impose l llln upon I authorized to take such steps as they may deemc:i the parties. I only suggest this now as a sort of compromise, a sort of middle term, as an arrangement which I think may not be absolutely impracticable and which, ifadopted, will be the solution of the question. It is a small affair, however. to occupy so much time and to come up here car after year.
Mr. SUMNER] has given his reasons. He has been embarrassed by the continual representations of the people of Charlestown. do not know what opinion my friend Mr. WILSON] has on the subject; I believe he asnot expressed any up to this time. I hope he will now, for I say that if the Senators from Massachusetts mean to oppose these proceedings, which are intended for the benefit of that great navy yard lying directly at their own doors, it is useless forothers to press the matter, and I do not mean to contend much about it, but I am of opinion that the sooner we buy this property the better.
Mr. WILSON. At the ast session of congress various representations were made in regard to this proposed purchase of land by persons connected with the government of the city of Charlestown and by others, and I was very much embarrassed by those representations. Of course, I was desirous that the Government should have whateverit needed to complete its works there, and at the lowest possible rate. I am satisfied, however, on inquiry and further rellection, that the proposed purchase is needed by the Government and that the Government ought to have it. If the navy yard is to be continued at Charlestown they must have what land may be necessary for the public work. If not I suppose they are at liberty to take the navy yar away from Charlestown. Isuppose the people of that city must so understand it. As to the price, I do not know whether the owners ask too much or not, but it is left at the discretion of the SecyNavy, and I have full confidence that he will take care of the interests of the country. Therefore I shall vote with the committee for this propositiou. I will say, however, that I suppose there are some public considerations that influenced the authorities of Charlestown. This is a very excellent position for deep water, and of great commercial account to the city. I suppose it would be for the interests of the city if the Federal Government could extend its yard in the other direction, but I do not think it will be for the interest of the Federal Government to undertake that. I do not suppose the people there are actuated by other than what they regard as the interests of their city, but as a Senator I think in duty is to take care of the interests of the 4ederal Government, and I shall vote for this proposition.
Mr. GRIMES. In line 278 of section one, I move to strike out “25 ” and insert “ 15, ” so that the clause will read: For preparing for publication the American Nau tical Almanac, 815, 850. I propose to reduce it to that amount. the amendment was agreed to.
Mr. GRIMES. In section one, after line 158, I move to insert: For continuing the work on the ncw mnehine and boiler shop, $100,000. That is to suppl an omission on the part of the ComFinance to report an amendment for the carrying on of the work already begun at the navy yard in NewYork, where the foundation has been laid and the building partly erected.
Mr. FESSENDENtion ought to be made. The amendment was agreed to.
Mr. GRIMES. I propose to insert in section me, after line 268, the following: For the purchase of the grounds adjoining the Naval Aca mayat Annapolis, belonging to theState of Maryland and known as the Governors houseand grounds.825.000. For the purchaseof other grounds at Annapolis for the use of the Naval Academy. 825,000.
Mr. FESSENDEN. I should like to have that explained.
Mr. GRIMES. The ComNavAffrs propose to extend the grounds of the Naval Aca emy. Adacent to those grounds there is a tract of land belonging to the State of Maryland, embracing about 4 and 7300 ths acres, with a water front, which if the line he carried out so as to correspond with our present water wall, will give us about 6 or 7 acres of land. Upon that is a very substantial house known as the Govern ors house, belonging to the State of Maryland. I suppose a great many members here are familiar with that house. It is proposed to buy that house and the grounds for the use of the Naval Academy, and also to purchase either a lot south of that or a iecc of land at the other end of the yard for the remaining $25,000 that is proposed to be expended by this amendment.
Mr. JOHNSON. Has the Senator ascertained whether the house which belongs to the State can be iurchased for $25,000?
Mr. FESSENDEN. Has my friendfrom Iowa examined the matter personally, and is be satisfied in regard to it?
Mr. GRIMES. I have examined it thor oughly, and I am satisfied that the property for which we propose to pay the State of Maryland $25,000, is intrinsically worth twice that sum.
Mr. JOHNSON. It is worth a great deal more.
Mr. FESSENDEN. Is the Dept in favor of making this purchase?
Mr. GRIME. Yes, sir; the Dept is in favor of making the purchase, provided we do not adopt the theory of the Dept and send the Academy away down into Virginia. The amendment was agreed to.
Mr. GRIMES. I offer this amendment to come in after the one just adopted: For the erection of a building suitable for the accommodation of the 3rd and 4th classesin the Naval Academy. $100,000. I think that the propriety of making this amendment will suggest itself to the mind of every person who has been at the Naval Academy. It is moved upon the recommendation of the Dept, upon the recommendation of the Superintendent of the N avnl Academy, upon the recommendation of all the Officers of the Academy, and upon the strong recommendation of everybody who has a son or a.friend at the Academy. The youn men in the 3rd and 4th classes are now fiept on board of frigates where they are obliged to sleep, to eat, and to stud. The resultis that theyare in an unhealthy condition, and must necessarily be so as long as they are compelled to remain for 2 successive years in that condition. That it results from confinement on shiboard issufficiently evinced by the sick lists of those classes as compared with the 2 classes that are on land.
Mr. FESSENDEN. I do not consider it my duty as chairman of the ComFinance to oppose every amendment that 13 proposed which addresses itself to my own I think the appropriate judgment. I have not any particular opinion in regard to this matter, for I know very little about it. I do know, however, that there has been very considerable complaint in regard to the health of the young men there on account of the want of accommodations; and as I have very great confidence in the honorable Senfrom lowa, with reference to naval affairs partieulurly, and be and that committee have inves ticated it and recommended it, in concurrence With the properDept and those connected with 1 the School, I do not feel that I am at liberty to oppose the proposition. The amendment was agreed to.
Mr. GRIMES., I move this amendment to follow the one just adopted: For the extension and enlargement of the chapel at the Naval Academy. 62,000 I desire to say that the chapel of the Naval Academy was built at a time when there were only about 100 students at the institution. We are now by law authorized to have 542. When to them you add the families ot the professors and officers attached to the Academy, the chapel is not sufficient to accommodate more than half of them. It is merely proposed, not to erect a new chapel, but to take out one end of the present building and make it a little larger.
Mr. GRIMES. I think so. The amendment was agreed to.
Mr. GRIMES. I offer this amendment as an additional section: Anrl beigfurllicrmacled. That the2ndsectionof an not entitled Anact to regulate the pay of the Navy of the U.S. " up royed March 3.1835, and all actsor parts of acts aut onzmg the appointment of Navy agentsbe, and the same are oreby. repealed.
Mr. TRUMBULL. What is the effect of that? It seems to be a general provision of law which has nothing to do with an appropriation bill. I do not understand it. It seems to be a repeal of the laws authorizing the appointment of Navy agents.
Mr. FESSENDEN. They have been dispensed with already:.
Mr. CONNESS. By the action of the Dept. The amendment was agreed to.
Mr. GRIMES. I offer this amendment to come in after the appropriations for the Naval Academy: For the erectionof a foundury and machine shop at the Naval Academy.920,000
Mr. RIMES. I can explain it. The Dept has adopted the practice which was initiated by the French navy a few years ao of making every midshipman as familiar as O can be made during the time he is being edu cated at the Academy with naval engineering. The time has gone by when seanianship is to be the sole or even the chief qualification of an officei; but he must understand all the means by which vessels are proelled, so that when he becomes the commander of a vessel he may not be comelled to rely entirely on his engineer as to wiiat may be the defect of his engine, or how long it will take to be repaired, and how it is to be repaired, but that he should have some knowledge on that subject himself. For that reason, for the last year several engineers have been detailed to the Academy, and have been instructing the youth with admirable success. They want an engine s o.
Mr. FESSENDEN. The amendment is for a foundery and machine shop.
Mr. GRIMES. That is what it is, so that they may work with their own hands. These young men are sent on board of the practice sbip, and they begin as coal beavers, and then are made 1st class firemen, and finally work their way up until they can run engines themselves. In order to familiarize them with the duties that pertain to the office of an engineer, and to make them practical engineers as well I as theoretical engineers, they want this smiths shop in which they can work with their own hands.
Mr. FESSENDEN. I hardly think it worth while to establish nfoundery and machine shop at the Naval Academy. 1 think the Senator is going a little too fast.
Mr. GRIMES. I can only say that the pol icy has been established. I have a letter here from the SecyNavy reuestin this appropriation to be made. I thin it will do these young officers no harm to have a little manly exercise and be trained to engineering.
Mr. FESSENDEN. There is no telling how far it will go if we commence to establish found erics and machine shops at the Naval Academy.
Mr. TRUMBULL. We shall next want an armory at WestPoint.
Mr. FESSENDEN. I hope the amendment will not be adopted. The amendment was agreed to ayes 15, noes not counted.
Mr. FESSENDEN. Do we own any labor atory there?
Mr. GRIMES. For a great many years it has been the practice of the Navy Dept to buy all its drugs in a crude state, and to may nipulate those drugs so as to prepare them for use and put them on board of ships in such condition that they are able to endure an eli inatc. The War Dept has adopt" this plan of having a laboratory recently. within the set year or two; but until that time probably the only pure, unadulterated medicines that could be found were those furnished to the men in the Navy from this medical laboratory, which is under the charge of Dr. Bache.
Mr. GRIMES. We own the buildings; they are all in the navy yard at NewYork; but we have not a building for this specific purpose. They occupy store rooms that have been loaned to 1. cm belonging to some other Dept there.
Mr. FESSENDEN. I think we can wait another year for this. The amendment was agreed to.
Mr. GRIMES. I offer another amendment after line 264, section one, to insert the following: and the pay of the clerk of the yard and the 1st clerk to the navy store ken er at each of the navy yards at Portsmouth. New umpsliire, and Philadel phia shall be$1.20operannum. the same as those officersreceiveat Boston.NewYork and Washington. The clerks of those 2 yards, at Philadel phia and Portsmouth, receive new only $900, while officers performing precisely similar duties at the other yards named receive $1, 200. Thisis recommended by the chiefof the bureau. The amendment was agreed to.
Mr. GRIMES. I propose to insert on 6, at the end of line 133, section one, after the appropriation for the purchase of Seaveys Islan for the Ports mouth navy yard, this proviso: Providedurther, That in casethe ownersof the lots and improvements on said island shall not agreeto receive the said sum for the whole island and the privileges and improvements thereunto belonging, the SecyNavy is hereli directed to discontinue communication from sai island said nary yard. to take effecton the lit daytohfroFueiLl: ruary. 1867. The amendment was agreed to.
Mr. GRIMES. I offer the following as an additional section: Abife: That the examination of candidatesfor admise roirtotbe Naval Academyshrill be held at lurchstated times as the SecyNavy may direct. 1
Mr. JOHNSON. What is the purpose of tiat?
Mr. GRIMES. Unfortunately the law as it now stands requires that the examination shall take place at a particular time, in the month of Ju] y, whereas it may become important one ear to have the examination take place in the latter part of May, and in another year in the latter part of June, depending somewhat on circumstances. This amendment is to give the Dept the discretion to fix the time according to circumstances. The amendment was agreed to.
Mr. GRIMES. I have one more amendment to offer, and I am glad it is in last. to come in after the appropriations for teNaval Academy: For the increaseof the library at the fNavn l Academy.$5.000.
Mr. FESSENDEN. What necessity is there for that?
Mr. GRIMES. We were in the habit of making annual appropriations for the library of the haval Acadiamy, but during the last 5 years we have made none.
Mr. FESSENDEN. How much was the usual appropriation?
Mr. GRIMES. I cannot say, but I think 2 or 3000 dollars. During the time the Academy was at Newport no appropriations were made, and during a consider able portion of that time the library was boxed up and was no within reach of the niidshipmen.
Mr. FESSENDEN. I think $5,000 is too much to s end in anyone year for a library.
Mr. GRIMES. I shall not object to the amount bein reduced reasonably.
Mr. FESSENDEN. I think it ought to be, less. I think $1,000 a year was the former usual a Rm riation.
Mr. GRIMES. But there has been a lapse of years without any appropriation.
Mr. GRIMES. I modify my amendment by making it $2000. The amendment as modified was agreed to.
The PRESIDING OFFICER, (Mr. Pousnov in the chair.) The question is on concurrin in the amendments made as in ComWhole.
Mr. FESSENDEN. The vote may be taken on all the amendments together except the one for building a laboratory at NewYork.
The PRESIDING OFFICER. the question will be taken on concurring in all the amendments except the one indicated by the Senfrom Maine. The amendments were concurred in.
The PRESIDING OFFICER. The question now is on concurring in the amendment to insert after line 230 of section one: For enlarged accommodationsfor the naval labor atory at NewYork, 880.
Mr. FESSENDEN. I hope the Senfrom Iowa. will abandon that amendment. He has succeeded retty well with all his propositions.
Mr. GRIMES. I shall not press it against the remonstrances of the chairman of the ComFinance. The Senate know what the requirements of the public service are. I have laid before them my information on the subject, and the responsibility is with them. The amendment was not concurred in.
Mr. FESSENDEN. I did not design to carry this bill any further today than to get through with the amendments, and then I proposed to let it lie over before taking the vote on ordering it to, a 3rd readin. If there are no other amendments to the bifi it may be laid aside.
The PRESIDING OFFICER. The bill will be laidaside for the present. DEFICIENCY CIVIL BILL.
Mr. FESSENDEN. I now move to resume the consideration of the deficiency bill. The motion was agreed to; and the Senate resumed the consideration of the bill (H.R.No. 86) making additional appropriations, and to supply deficiencies in the apgropriations for sundry civil expenses of the government for the fiscal year ending the 30th of June, 1866, and for other Eurposes.
Mr. SUMNER. I now renew the proposition which I offered in committee, with an alteration to insert after line 384 of the 1st section: For the pay of the U.S. commissioner and for the pay of the U.S. surveyor, and for incidental expensesin the e xccution of the duty as?gned to the Jtcommission appointed under the rst article of the reciprocity treaty between the U.S and Great ritain of the 5th ofJunc, 1854. from November 1.18, to March, 1866.for dralting and compilation of the final chart showingtheplaces reserved from the common liberty of fishing their limits and description, 81,500 or so much thereof as shall be necessary. The Senfrom Maine is aware, I think, of the circumstances which have occurred since he made his objection. I have had a communication with the Dept of State and received some documents from there, and I have also seenone of the gentlemen particularly connected with this wor, and I have been induced to modify the proposition and put it in this form. I understand that the Senfrom Maine does not object to it. The amendment was agreed to.
Mr. TRUMBULL. I notice on page 33 of this bill that the committee recommended the striking out of this proviso: Provided, That hereafter no portrait or likeness of any living person shall be engraved or placed upon any of the ends, securities, notes or postal currency of the U.S. It is not a matter of any great importance, but I do not see why it should be stricken out.
Mr. FESSENDEN. I explained that yesterday the question was raised then.
Mr. TRUMBULL. 1 was not in then. We cannot make it all
Mr. FESSENDEN. They say at the Dept that the putting of these heads on is a great protection against counterfeiting; at any rate, it enables the agents of the Dept more readily to detect counterfeits when presented to them. To this purpose it is more important to have the heads of iving persons than others. In reality the proviso was at in as a personal matter, aimed at a particular individual. I am satisfied that the better way is to strike it out.
Mr. TRUMBULL. So far as anything personal is concerned I have nothing to say. I do not aim it at a particular person, but it seems to me that the practice which this proviso seeks to stop is a very bad one.
Mr. FESSEIDEN. They consider it important at the Dept.
Mr. TRUMBULL. I cannot see for my life twhy the portrait of a living person should be any better on these notes to prevent counter feiting than that of a person who is dead. Those portraits were taken from life. The people who see the likenesses may have never seen the living person, and if they had, that would not be a means of detecting the counterfeit. I ask Senators toreflect for amoment on this subject. President Lincolns likeness is upon many of the bills. Will anybody say he cannot detect a counterfeit with Mr. Lincolns likeness upon it just as nickly as he could a bill with the likeness of Mr. Johnson upon it?
Mr. FESSENDEN. Mr. Lincoln was a living person at the time he was put on a mortal person.
Mr. TRUMBULL. There are mortalpersons enough who have died whose likenesses we could put on if necessary. What maybe the consequences of such a practice? We have had a reellion in this country within a few years; before it there were persons at the head of this Government whose faces are obnoxious to the great mass of the loyal people of this country, and whose portraits we should not like to have upon the currency of the country. So far as it is aimed at any particular person I am opposed to it. I have no feelin in reference to any individual in regard tot is matter, but it strikes me the proviso is a very properone. It is not, perhaps, a matter of any great in: ortance, but as the proviso is here in the bil as it comes from the other House, I think we may as well retain it.
Mr. FESSENDEN. All I have to say is, that experts consider it of some importance, and they know more about it than we can.
Mr. IRUMBULL. Is it too late to make a motion in regard to this proviso ?
The PRESIDING OF ICER. The amendment striking out the proviso has been concurred in by the Senate.
Mr. FESSENDEN. The committee satisfied themselves about it.
Mr. TRUMBULL. If the Senator would give any reason in the world why the proviso should be stricken out I should not insist on retaining it, but he simply says that somebody has expressed an opinion that this is a matter of importance. 1 ask the Senfrom Maine if he really believes so.
Mr. FESSENDEN. I do; because I have it from the best authority that it is considered by experts a very important protection. The amendments were ordered to be engrossed, and the bill to be read a 3rd time. he bill was read the 3rd time and passed. HOUSE BILLS rePERRED. The following bills and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 15) authorizing document ary evidence of titles to be furnished to the owners of certain lands in the city of StLouis to the ComPrivLandClms. A bill (H.R.No. 155) granting land to A. ComPrivLandClms. A lnll (H. B. No. 160) for the relief of the M. Jess of Josephine county, Oregon to the 4 administrators and securities of Almon W. Bab bitt, late secretary of Utah to the ComIndAffrs. A bill (H. It. No. 364) to confirm unto Au gustin Amiot, his legal assigns and representatives, a certain lot of ound in the city of StLouis, in the State of issouri to the comPrivLandClms. A JtResolution (H.R.No. 67 providing for the reappraisement of the lands descrihed in an act for the relief of William Sawyer and others, of Ohio to the ComIndAffrs. LAND LOCATIONS IN MISSOURI.
The PRESIDENT protempore laid before the Senate the amendment of the HoRep to the bill (S.No.36) quieting doubts in relation to the validity of certain locations of landsin the State of Missouri, made by virtue of certificates issued under the act of Congress of February 17, 1815. The amendment was read. Itistoinsert alter the word “shall, ” in line 21 of section 2, the words “be so construed as to invalidate or impair any patent heretofore is sued by the U.S., or shall;” so as to make the proviso read: and provided further, That nothing in this act shall be so construed as to invalidatcor impair any patent heretofore issued by the U.S or shall in any manner abrldgo, divest, impair, in ure, or prejudice any valid adverse title or interest to any personor persons.Arc.
Mr. HARRIS. I have examined the amendmentjust read and am satisfied thatit does not change the legal effect of the bill. I move, therefore, that the Senate concur in it. The motion was agreed to. ADJOURNMENT to MONDAY. On motion of
Mr. GRIMES, it was Ordered, That when the Senateadjourn: today it be to meeton Monday next. INDIAN AFFAIRS.
Mr. RAMSIEY. I hope the Senfrom Wisconsin will allow me to make a motion to adjourn.
Mr. DOOLITTLE. I desire 1st to make an amendment in the 2nd section, so as to make the bill more definite in relation to the military officer detailed as inspector. The closing words of that section now are, “the Officer detailed to act as ins ector shall serve without additional pay or al owance as such." I move to add these words: “inspector, but shall be entitled to the same pay, mileage and allowances as when employed in the military service.”
Mr. CONNESS. This is an important amendment, and the bill is really an important bill. I do not know that I can vote for it. It deserves a great deal of consideration.
Mr. FESSENDEN. Evidentl the Senate is in no condition to consider a bill of this kind to night, and as there is a necessity for a short executive session, I move that the Senate do now proceed to the consideration of executive business. “The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. FRIDAY, March 16, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON The Journal of yesterday was read and approved. EXTRA PAY or orricans.
Mr. HAYES, by unanimous consent, introduced a JtResolution extending the operation of section 4 of an act making appropriations for the support of the Army for the year ending June 30, 1866, passed March 8, 1865;. which was read a 1st and 2nd time and referred to the ComMilAffrs. COMPTROLLER OF THE CURRENCY.
Mr. PRICE. I ask unanimous consent to offer the following resolution: Whereas adifference of opinion and a conflict of Views exist between the SecyTreasury and the ComptrOller of the Currency, which have pssnmed a shape calculated to injure the financial interestsof the country: Therefore, 11:it rrwlued, That a committee of 3 members of this House be appointed to investigate the cause of the difference, and report to the House.
Mr. ROSS. I object. I think that it ought to be referred to the ComFinance.
Mr. PRICE. The gentlemans colleague yesterday requested me to introduce such a resolution, and I have done so.
Mr. ROSS. STEAMERS FROM CHARLESTON to LIVERPOOL.
Mr. KELSO, by unanimous consent, introduced a bill to authorize the establishment of ocean mail steamship service between the ports of Charleston, SCarolina, and Liverpool, by the way of Kingston, GreabBritnin;
Skip Skip which was read a 1st and 2nd time, and referred to the comPostOffice. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred to the comPostOffice; upon the table.Agreed to. PURCHASE OF BTEAMSHIP Illinois.
Mr. TAYLOR, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: rewlned, That the SecyWar he requested to report to this llouse the fuctsjn relation to the purchase of the steamship Illinms; also, the names of the appraisers appointed by the QuarterMGen and the SecyWar.
Mr. TAYLOR mtRtv the resolution was adopted; upoa the table. The latter “motion was agreed to. ANNALS or CONGRESS.
Mr. STEVENS. I ask unanimous consent to introduce the following resolution: Ilewlverl. That the ComClaims be instructed to inquire what disposition should be made of the publications called Annals of Confress, deposited y Gales 6: Seuton upder nn allege contract with the louse and determinewhether the same or any part of them should be returned; and if any portion of themshould beretained, tostateat whatprice, and report thereon. Mr. WILSON, ofIowa. I object.
Skip Skip LEAVE OF ABSENCE GRANTED. On motion of Mr. TRIMBLE, leave of ab sence was granted to Mr. SHANKLIN. FULLER VERSUS DAWSON.
Mr. DAWES presented papers in the Pennsylvania contested election case of Fuller vs. Dawson; which were referred to the Commitee of Elections. SIOUX INDIANS.
Mr. HUBBARD, of Iowa, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Resolved, That the ComIndAffrs be itnrasttrinug cttehdetodiifnfeqrueinret into the expediencyof concen bands of Dakota or Sioux Indians upon onereservation. there either partial] or wholly to be governed by municipal laws suite to their condition, and furnished with partial subsistence until by cultivating the soil and raising stock said Indians shall bocomeself sustainins. POST ROUTE IN IDAHO
Mr. HOLBROOK, by unanimous consent, introduced a bill to esta lish a 0st route from Idaho City to Rocky Bar, in the Territory of Idaho; which was read a 1st and 2nd time, and referred to the ComPostOffice. sunvuvou GENERAL, IDAHO.
Mr. HOLBROOK, by unanimous consent, I must insist on my objection. l l ll also introduced a bill to create the office of surveyor general in Idaho Territory; which was read a 1st and 2nd time, and referred to the ComPubLands. COLORADO LAND uisrnicr.
Mr. BRADFORD, by unanimous cOnsent, introduced a bill in relation to the Colorado land district; which was read a 1st and 2nd time, and referred to the ComTerritor.JtResolutionS or OREGON.
Mr. HENDERSON, by unanimous consent, submitted the following JtResolutions of the Legislature of Oregon; which were ordered to be irinted, and referred as indicated below: oiut resolution in relation to the establishment of a port of entry at Portland, Oregon to the ComCommerce.JtResolution in relation to the provisional government debt to the Committee ofClaims.JtResolution in relation to a daily mail route to the Territory of Idaho to the comPostOffice. WILLIAM rowssiisn.
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a bill for the relief of William Townsend; which was read a 1st and 2nd time, and referred to the ComClaims. CHARLES P. COOK, and OTHERS.
Mr. JULIAN, from the ComPubLands, made an adverse report on the case of Charles P. Cook, and others; which was laid upon the table, and ordered to be printed. LOCATION OF LANDS IN MISSOURI.
Mr.THAYER. I will make a brief statement in reference to this bill for the information of the House. By the act of February 17, 1815, Congress authorized persons whose lands had been injured by earthquakes in the county of New Madrid, in the State of Missouri, to locate the same quantity of lands thus injured upon other public lands of the U.S. By an not passed on the 9th of April, 1818, these claims were required to be presented on or before the lst of auuary, 1819. By a subsequent act, passed on the 26th of April, 1822, it was required that the warrants for these lands should beqlocated within one year of the passage of thatact; thatis, priorto the 26th of April, 1823. There were a number of these cases in which the initiatory steps for the locations were taken within the period prescribed by the act of 1822, but in which it happened that the surveys were not returned until afterthe period had elapsed within which it was requiredaby the act of 1822 that the warrants should be located, and it was held by the SCOTUS, in the case of agnellvs. Broderick, (14 Peters, Supreme Court Reports, age 448) that the U.S. never had eemed the lands to be appropriated until the survey was returned. So that in the casoI have referred to, although all the previous steps had been taken, the title of those who had taken those lands under the act of Congress passed for their relief was rendered imperfect by the fact that the survey had not been returned within the period prescribed bylaw. The object of this bill is simply to care that defect. I believe that is all the explanation that is required. Before the bill is put. on its passage I wish to have an amendment made, as follows: In section 2, line 21. after the word “shall " insert the words "he so construed as to Invalidate or impair any patent heretofore issued by the U.S., or shall." I demand the previous question on this 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 was then orderengross for a 3rd reading; and being engrossed, it was accordingly read the 3rd timeaud passed. Mr. THAER. mtRtv the bill was passed, on the table. Agreed to. LANDS IN THE CITY OF StLouis.
Mr. THAYER, from the ComPrivLandClaims, reported back House bill NO. 16, authorizing documentary evidence of titles to be furnished to the owners of certain lands in the city of StLouis, with an accompanying report, and with a recommendation that the bil pass. The bill and report were read.
Mr. THAYER. The report which has been read contains such a full statement of the facts and reasons which call for the proposed legislation that I deem it entirely unnecessary to take the time of the House with any remarks on the subject. Unless, therefore, some gentleman requires further explanation, I will olfer the amendment which I have been instructed to offer by the committee. I move to amend by striking out section 8 and inserting in lieu thereof the following: and bed Abife: That in caseof any difference of opinion between the judges of the State and circuit court upon any question arisin in any such cause, the same may be certified to t a SCOTUS for its decision thereonas in other cases. I demand the previous question on the adoption of that amendment.
Mr. THAYER. I move the following amend. it was agreed to.ment, and upon itI demand the previous question: In section nine . line 3, strikc out the words, “lands within each, every, and all the rivers."
Mr. THAYER. I now move to amend by adding to section 9 the following proviso: Provided, however That noindividual rightsor titles acquired previously shall be in any manner impaired or prejudiced hereby.
Skip Skip The question being taken on the amendment I now demand the reird Mr. THAYER. vious question on the cugrossment and reading of the bill. 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. THAYER mtRtv the bill was passed; on the table. Agreed to.
Mr. THAYER. Imove to amend the preamble by striking out in the 7th line the words “ a few” and insertingin lieu thereof the word “some.” The amendment was agreed to.
Mr. THAYER. I move further to amend the preamble by striking out the words: Which make it necessary for the U.S. to furnish the parties documentary evidenceof title thereto by releasing to the proper owners all the right, title, and interest of the U.S. in and to their respectivelands.
Skip Skip The amendment was agreed to. Mr. THAYER mtRtv the amendments to the preamble were agreed to; upon the table. Agreed to. AUGUSTIN AMIOT.
Mr. THAYER, from the ComPrivLandClms, reported back, with the recommcudation that it do pass. bill of the House No. 364, to confirm to Augustin Amiot, his.legal assigns and representatives, a certain lot of round in the city of StLouis, in the State of.Iissouri.
Skip Skip The bill was read. The bill was then orderengross and read a 3rd time; and being engrossed, it was accordin 1 read the 3rd time.
Mr. THATER. By an act of Congress approved June 22, 1860, entitled “An act for the final adjustment of private land claims in Florida, Louisiana, and issouri, and for other purposes, ” authority was given for the settlement of private Ian claims, in which the titles were derived from the Governments of France and Spain. By that act a commissioner was appointed to investigate all such claims which might be presented of land titles at StLouis, an to report the result of his investigation to the ComrGLO, and the ComrGLO was required to make a report to congress. In the case now beforethe House the claim is that of the representatives of a certain Augus tin Amiot. The claimant pursued the directions of the act of Congress, and the recorder of land titles in StLouis made a report favorable to his claim to the ComrGLO. The Commissioner reported to the appropriate authorities the decision of the recorder of land titles in StLouis, and that it was one of those claims which, under the act, ought to be confirmed by Congress. Tmay state for the inftyirmation of the House that the claimant showed satisfactorily, in the investigation of his case before the recorder of land titles in StLouis, that he and the persons under whom he claims have been in possession of this lot of ground from the year 1780 down to the present time; and he shows, also, a continuous possession. So far as the committee knows t iere is no dispute in regard to that, and as the case falls directly within the provisions of the act of 18(30, the committee are of the opinion that his title ought to be confirmed and they have uccordingly reported the bill now before the House. nless some gentleman wishes to say anything on this subject I now demand the previous question.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the bill was passed. Mr. THAYER mtRtv the bill was passed; upon the table. Agreed to. A. M. JESS. P R. KERR, from the ComPrivLandClms, reported back House bill No. 143, granting land to A. M. Jess, of Josephine county, Oregon, with an amendment in the nature of a substitute. The substitute was read. It authorizes A. M. Jess to locate and settle upon 320 acres of the public lands of the U.S., in accordance with the provisious and requirements of the homestead law in lieu of 320 acres of land previously located by him upon Apple fiate river, in the State of Oregon, but ren cred valueless by a change in the course of said river. The report of the committee was read. Mr. K RR. I now call the previous question. The previous question was 2nded, and the main question was ordered; and under the operation thereof the substitute was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it. was accordingly read the3rd time and passed. Mr. KERR mtRtvh the bill was passed; on the table. Agreed to. WILLIALT SAWYER ET AL. OF OHIO.
Mr. GOODYEAR. I am instructed by the ComPrivLandClms to report back House JtResolution No. 67, providin for the reappraisement of the lands describe in the act for the relief of William Sawyer and others, of Ohio, with a recommendation that it pass, and upon that I call the previous question.
Skip Skip The previous question was 2nded, and the main question was ordered. The JtResolution was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. GOODYEAR mtRtv the JtResolution was passed; upon the table. Agreed to. ALMON W. BABBITT.
Mr. HUBBARD, of Iowa, from the ComIndAffrs, reported back House bill No. 150, for the relief of the administra tors of the estate of the late Almon W. Balr bitt, secretary of Utah, with an amendment in the nature of a substitute. The substitute was read. It sets forth that the late Almon W. Babbitt, while SecyTerritory of Utah, received from the Treasury of the U.S. the sum of $26, 600, money appropriated by Congress for the territory; that he expened a portion of the sum in the purchase of stationery and other articles for the use of the Territory, and oxen and wa ons for its transportation; that he and near y all the party were killed by the Indians when near Fort Kearney and the property stolen 01 destroyed, and the bill provides that then!! ministrators of his estate shall be released from the payment of the balance against him on the books of the Treasury Dept, amounting to over 12,000 dollars. The question was upon agreeing to the subBtitnte.
Mr. FARNSWORTH. If there is anyroport I would like to hear it read.
Mr. HUBBARD, of Iowa. The facts upon which this bill is based are fully set forth in the report. The report was read.
Mr. HUBBARD, of Iowa. From the best information we have been able to obtain from the testimony before us, we are satisfied that the property returned to the Government amounts to nearly, if not uite, the sum charged against the estate of Mr. Babbitt upon the books of the Treasury. Since Mr. Bab itt was killed, his widow has died, leaving 5 orphan children: If this balance is not remitted it must be collected from the estate. Under all these circumstances, the committee are ununimousl of the opinion that the substitute which they have reported should be passed. I now call the previous question.
Skip Skip The previous question was 2nded, and the main question was ordered; and under the operation thereof the substitute was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. HUBBARD, of Iowa, mtRtv the bill was passed; upon the table. agreed to. E. W. EDDY.
Mr. ANCONA, from the ComMilAffrs, reported a bill for the relief of E. W. Eddy, late paymaster of the U.S. Army. The bill was read a 1st and 2nd time. It directs the Treasury Dept to credit the estate of E. W. Eddy, late paymaster of the U.S. Army, with the amount of $200,000, that being the amount in his charge and lost by the wreck of the steamer Brother Jonathan, off the coast of California, on the 80th ofJuly, 1865. The question was upon ordering the bill to be engrossed and res a 3rd time.
Mr. FARNSWORTH. I do not think we should pass this bill without some explanation of its necessity or propriety.
Mr. ASHLEY, of Ohio. I desire to ask the entle manfrom Pennsylvaniaaquestion. When was in California I earned from gentlemen there that a part of the bonds belonging to the Government, and which were in the same safe with the money purporting to have been lost on this steamer, had been offered for sale in California. I want to ask the Gentleman Whether the committee have had any evidence of that kind before them.
Mr. ANCONA. Nothing of that kind was stated before the committee. The evidence is directly to the contrary.
Mr. ASHLEY, of Ohio. I beg pardon. I find that I am confounding this case with another case in which a steamer was lost.
The SPEAKER. The morning hour has inst expired. This bill goes over until next riday. BREVET MAJOR. 1.c. BOWL. Mr. HUBBELL, of OhiO, by unanimous consent, introduced a bill for the relief of Brevet Major Theodore C. Bowles, asst quarter muster U.S. volunteers; which was read a 1st and 2nd time, and referred to the ComMilAffrs. CONFIRMATION OF LAND ENTRIES.
Mr. HOGAN, by unanimous consent, introduced a bill to confirm certain entries of lands therein named; which was read a 1st and 2nd time, and referred to the ComPubLands ACCOUNTS OF postoffice DEPT.
The SPEAKER, by unanimous consent, laid before the House a communication from the Treasurer of the U.S., transmitting an account of receipts and expenditures for the service of the postoffice Dept for the year ending June 80, 1865; which was laid on the table, and ordered to be printed. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill (H.R.No. 358) entitled “An act to amend an act to extend the charter of the president and directors of the Firemens Insurance Company of Washington and Georgetown, in the DistCol, ” whereupon the Speaker signed the same.
Mr. WASHBURNE, of Illinois. the regular order of business.
Mr. KASSON. I trust the gentleman will withdraw the call, that I may introduce a bill.
Mr. WASHBURNE, ofI line is. I have no objection to the introduction of a bill, if it be simplyreferred, with the understanding that it shatll not be brought back by a motion to reconsider.
Mr. KASSON. I have no objection to that. corner or 5 CENT PIECES.
Mr. KASSON, by unanimous consent, introduced a bill to authorize the coinage of 5 cent pieces, and for other purposes; which was read a 1st and 2nd time.
The SPEAKER. The bill will be referred to the ComCoinage, Weights, and Measures, with the understanding that it shall not be brought back by a motion to reconsider. tinssaoa FROM THE SENATE. A message was received from the Senate, by
Mr. FORNEY, its Secretary, notifying the House that that body had passed bills of the House of the following titles, namely: An not (H.R.No. 36 quieting doubts in relation to the validity o certain locations of lands in the State of Missouri, made by virtue of certificates issued under the act of Congress of February 17, 1815; and An act (H.R.No. 217) for the relief of Robert Henna. ENROLLED BILL stem:1).
Mr. TROWBRIDGE, from the CornEnrollBill, reported that the committee had examined and ound truly enrolled a bill of the followin title: “An act to protect all persons in the U.S. in theircivil rights and furnish the means of their vindication. LOAN BILL. The House resumed the consideration of the special order, House bill No. 297, to amend an not entitled “ An act to provide Ways&Means to support the Government, ” approved March 3, 1805. The pending questiOn was upon the motion of her. MOR BILL to strike out the following wor 5: Provided. That the bonds which may be disposed of elsewherethan in the U.S. maybe made payable, both PIlnClplR BD(iInterest, in the coin or currencyof the country in which they aremadepay able, but shall not bear a rate of interest exceeding 5%. perannum.
The SPEAKER. On this bill the Gentfrom Maine [Mr. PIKE] is entitled to the floor.
Mr. MORRILL. With the consent of the Gentfrom Maine I desire to state that it is the purpose of the ComWays&Means to ask for decisive action upon this bill to da; and unless the discussion should previous y be exhausted, I shall ask the previous question either this afternoon or this evening.
Mr. WASHBURNE, ofIlliuois. Ihope that We shall agree to take the vote this afternoon, so as to avoid the necessity for an evening session.
The SPEAKER. Will the Gentfrom Vermont state at what time he intends to claim the floor to ask the previous question? I call for
Mr. MORRILL. I think about quarter past 4 oclock this afternoon.
Mr. PIKE. I hold in my hand an amendment, which, if it be not now in order, I will otier at a propertime. It is to add to the bill the followmg additional proviso: Provided further, That except for the purpose of dinehlllllliflxllllng legal obligations, all bondsissued under and y virtue of this act, or of the notapproved March 3.1965.to which this is additional, shall be subjectto the same State and municipal taxation ll other property ofliko value.
The SPEAKER. That amendment is not in order at present. An amendment offered yesterday by the Gentfrom Vermont [Mr. liIoitiui.i.] is now pending. Any other amendment, to be in order now, must be in the shape of an amendment to an amendment, and must be germane to the pending amendment.
Mr. PIKE. Mr. Speaker, in common with the rest of the House, I enjoyed exceedingly on yesterday the strong popular breeze from the Chicago district. The Gentfrom Illinois [Mr. VExrwoarn] gave us in graphic terms and in most emphatic manner the opinions of his constituency upon the pending measures of finance, and urged upon us all the absolute necessity of sticking to our constituencies under an and all circumstances. Ihail the distinguished gentleman as a most efficient coworker.
Mr. WENTWORTH. I spoke for myself, and not for anybOdy else.
Mr. PIKE. The gentleman, I presumed, spoke also for his constituency; but if his constituents do not agree with him it ighis concern and not mine. The only objection I have evenheard to the amendment I propose is that it smacks too much of the constituency. It is said. incor rectly I think, to place the interests of the constituency above the interests of the General Government if it be possible to separate the 2 and that it contravenes the doctrine that on all occasions it is proper to subordinate the interests of the partto the interests of the whole, and for that reason is objectionable. But the doctrine of the Gentfrom Illinois over rides all such objections at once and makes an answer unnecessary. I count upon him with confidence in support of my amendment and with equa assurance I reckon upon his support, upon the same principle, of the peoples papernow afloat. I know that his constituency, like mine, are satisfied with the “greenback” circulation. They have no desire forchau e. The do not wish to swapitoti for any ban paper, owever good. There is not a man in this country, in the Chicago district or in mine, or in any other, that refers the bank note to the “greenback.” Alof them, “without regard to race or color, " are content withthemoneytowhichtheyhave becomcaccus tomed and which costs the Government noth in but the expense of making. They do not believe in the thrift of the bargain which would exchange this pa r for an inferior one, and the only boot to e got is the luxury of mying interest! Certainly the gentleman rorn Illinois [Mr. Wnsrwonru] cannot countenance such a scheme as that. He will not desert his constituency in a matterof such importance.
Mr. WENTWORTH. Does the gentleman think it is right to pay our soldiers in money below par when the Government can borrow money at 6%. interest?
Mr. PRICE. I ask the gentleman to Wald to me.
Mr. PIKE. I yield to the gentleman the remaining portion of my hour.
Mr. PRlCE. I yield to the Gentfrom .Ohio for a moment. REORGANIZATION OF THE ARMY.
Mr. SCHENCK. Mr. Speaker, the ComMilAffr reported to the House some days agoHouse bill Nib. 861, to reorganize and establish the Army of the U.S. There are a great many applications for copies of that bill, gut the 1st print of it is entirel exhausted. The committee have to some sma l extent revised the bill, making some verbal amendments and adding some sections. I ask leave to report back the bill in its present shape as a substitute for the other, and move that it be recommitted and ordered to be printed. There was no objection, and it was ordered accordingly.
Mr. SPALDING. Has not the Army bill passed the Senate?
Mr. SPALDING. Had you not better also include a motion to print that bill?
Mr. SCHENCK. I will ask that that be printed after awhile. I now move that 500 extra copies of the House bill be printed for the use of the members of the House. The motion to print extra copies, under the law, was referred to the ComPrintg.
Mr. SCHENCK. I now move to take from the Speakers table, Senate bill No. 138, to increase and fix the military eace establishment of the U.S., and that it be referred to the ComMilAffrs, and ordered to be printed. The motion was agreed to. LOAN BILL Again.
Mr. SCOHELD. I desire to ask the Gentleman aquestion.
The SPEAKER. The hour of the Gentfrom Maine L
Mr. ASHLEY, of Ohio. I move the Gentfrom Iowa be allowed to conclude his remarks.
Mr. ALLISON. I will yield to my colleague a portionof m time.
Mr. SCOFIELD. Now, letme ask my question. Are not the notes proposed to be funded already due? If you look upon the face of these notes you Will observe they are payable on demand at the sub Treasury at New X ork; and if you go there, as I did, they look to see whether you are a fool or a crazy man, in expecting that the U.S. is goingto comply with that printed promise.
Mr. PRICE. Mr. Speaker, the Gentfrom Pennsylvania is too good a lawyer not to know that it requires occasional], at longin tervals, an exception to prove the rule. He has given the exception; it proves the rule that there are few men who ask that these notes be redeemed, for the reason that legal tender notes are admitted on all hands to be as good papermoney as we can have.
Mr. SCOFIELD. The reason they are not.presented is because the people know they will Mi“ not be aid while gold is at a premium.
Mr. GARFIELD. I would ask the gentleman, when he speaks of the assignats of 11 iauce, whether he is aware that they were founded on the most reliable property in the realm, namely, real estate that was believed by everybody to be worth full the sum of 80,000,000sterling.
Mr. PRICE. I said as compared with ours that was a rotten basis and the Gentfrom Ohio [Mr. GARFIELD] is too well versed in the history of that matter not to know that what he calls the security of80,000,000 based upon the most reliable resources of the country was confiscated property of the church. Is that, sir, to be compared With the security upon which our legal tenders is based the hard handed labor, the integrity, the wealth, and the resources of this whole Republic, where every man, woman, and child is bound for the avment of the debt to the extent of their last oilnr and last days labor, and to which may be added our vast agricultural and mineral resources? and will the Gentfrom Ohio [Mr. GARFIELD stand here and make such a” comparison as at to go forth to the world 1 Sir, I had hoped that the day hpd gone by.when a gentleman would stand up before the American people and make such a comparison. The reason why the system of assignats was rotten was because the foundation for their redemption was insufficient and insecure. at will any man on this floor dare to say that the foundation of the security for our legal tenders and Treasury notes is Insecure and in sufficient? No man with an American heart in his bosom dare make use ofauy such language in this Hall. No one will say it unless he belongs to that class who during the last 4 years of the nations trial has by unfair means and unjust comparisons tried to depreciate our currency and thus embarrass our operations.
Mr. HOOPER, of Massachusetts. I want to ask the gentleman a question. He says that when a man is in such a financial condition that he cannot meet his payments he asks for an extension of time, and that the Government is now precisely in that position thatit wants an extension of time. Ndw, I desire to know what there is in this bill beyond that a mere extension of time. It does not authorize any increase of debt. It does not authorize money to be borrowed. It merely authorizes the bonds, atlong time, to be issued in place of those that are immediately or soon to be redeemed.
Mr. PRICE. In the 1st place, I did not say we wanted an extension of time. I said that if a man was in that condition he would ask for an extension of time. But to answer that in a sentence, I have only to say that the Gentfrom Massachusetts [Mr. Hooves] himself told me yesterday that the receipts of this Government were every da more than its expenditures, and a man in that condition does not want am extension of time. A man who is receiving more than he ays out is in a sound and healthy financial condition. When this Government comes to the condition that it has a debt to pay without any means upon which to draw to pay it, then I will admit that we must have an extension of time. But the countryis not in that condition, and I want that living fact to go to the country. We are in a sound and healthy financial condition, with an income exceeding our expenses and a credit never before equaled by any nation on the globe when just emerging from a gigantic and wasting war.
Mr. WILSON, of Iowa. I would ask my colleague Mr. ALLIsox] whether the SecyTreasury has not been engaged already in fundin 7 30 notes in gold bearing bonds under existing law?
Mr. ALLISON. Undoubtedly; by the last monthly statement I see that he has funded $12,000,000 of 7 30 notes into long bonds, 5 twenties I presume; at least it is so stated in the newspapers. Ofcourse he has had power to convert 730 interest bearing Treasury notes into long bonds, provided, however, that the consent of the ho der is always obtained to that conversion. In other wor s, if I hold a 730 interest bearing note, I can go to the SecyTreasury and convert it into a 5 20 bond, but if I do not desire thit conversion, the SecyTreasury has not the power to sell 5 20 bonds in order to procure money to pay me for the 730 bond which I hold.
Mr. WILSON, of Iowa. I would also ask my colleague whether the SecyTreas nary cannot under existing. law sell his 5 twenty bonds for compound interest notes, and then reissue compound interest notes for the purpose of paying off the 730 interest earing notes?
Mr. conKLING. I yield to the gentlemm from Massachusetts [Mr. BOUTWELL.
Mr. BOUTWELL. Mr. Speaker, there are 2 facts connected with our financial experience which have not, so far as I have observed, been noticed, and which seem to me to contain all that is necessary for the solution of our dithenlties. I am free to say that, if I were to follow in this matter the dictates of my own judment, I should not incline to any legislation further than to remove from the mind of the SecyTreasury the doubt which he entertains with reference to the authority conferred u poll him by the last clause of the act of March 3, 18")by which he is authorized to convert. out standing interest bearing obligations into new interest bearing bonds. I Would, by law, so construe that language as to allow him to sell new bonds and With the roeeeds redeem the outstanding interest bearing obligations such as comound interest Treasury notes.
Mr. WILSON, of Iowa. With the permission of the Gentfrom Massachusetts I desire to make a single inquiry. I understand that the SecyTreasury has been engaged for some time in convertin the outstanding interestbearing in debteness of the U.S. of various kinds into long bonds bearing gold interest. Does the gentleman desire to be understood as saying that the SecyTreasury doubts his power to do that which he has been doing for months and is still doing?
Mr. SLOAN. I propose to amend the amendment of the Gentfrom Vermont by striking out the following proviso: Provided. That the bondsyvhich may be disposed of elsewherethan in the U.S. maybemade payable, both principal and interest. in the coin or currency of the country in which they aremadepay able. but shall not bear a rate of interest exceeding 5%. perannum and inserting in lieu thereof the following: Provided. That all bonds or other obligations of the Unltlldbllltes hereafter issued shall be made ayable, principal and interest. in lawful mone of a U.S.; and all actsor partsof not: which authorize the SecyTreasury to retire permanently from circulation U.S. notes not hearing interest in cherebyrepealed.
Mr. MORRILL. I raise a question of order. The proposed amendment is not germane to the matter proposed to be stricken out; and there being already 2 amendmends pending, it is not in order to propose a 3rd unless it is in the nature of a substitute.
The SPEAKER. There is a substitute pending, offered by the Gentfrom Pennsylvania, [ML STEVENS] The amendment of the Gentfrom Vermont HMr. MosaiLL] has reference to the original bi l, and the question will be taken on that before it is taken on the substitute. The amendment of the Gentfrom Wisconsin [Mr. SLOAN] is an amendment to the amendment of the Gentfrom Vermont.
Mr. CONKLING. By the permission of the gentlemen, I would like to suggest atlhis point what is the difficulty in the mind of the SecyTreasury, becasuc I should be glad to ear the Gentfrom Pennsylvania [Mr. STEVENS] on the subject. It has been suggested that the word “converted” in the proviso just read confines the pperation to the right to exchange one description of obligation for the other, as contradistinguished from the right to put bonds on the market, and to sell them for money, and with that money to retire the securities which he would take up. It is that which has created a doubt in the mind of the SecyTreasury. I would like to hear the gentleman on that question.
Mr. STEVENS. I believe the SecyTreasury has followed the other course. I do not know the fact.
Mr. conKLING. I understand that the other course has been pursued to the amount of $50,000,000, pending which operation, or following it, the Secretary came to believe that he was acting under a power possibly doubtful, (I measure my expression when I say possibly donbtful) as the law now stands. I ierefore for abundant caution he wants to have a statute unmistakable in that respect.
Mr. RAYMOND. will the Gentfrom Pennsylvania allow meto ask him a.question?
Mr. RAYMOND. If l understand the gentleman, his reasoning upon this point proceeds on the assumption that the new bonds to be issued to replace the 5 twenties which are to be exchanged, are to bear the same rate of interest as the live twenties thus retired; and inasmuch as they are to be paid in coin instead of currency, therefore, as he says, the rate of interest will be increased from 6 to 8, or a little over 8,%.
Mr. STEVENS. The gentleman perhaps does not understand me. lhe obligations to be retired under this bill are those that do not bear gold interest; not the 5 twenties.
Mr. RAYMOND. Precisely; those payablein currency. Now, is not the very object of thus changing e mode of payment from currency to gold, O reduce the rate ofinterest at which the new bonds are to be taken? That is to say, it" they are now payable in currency at 6%., is it not reasonable to suppose that when made payable in coin they wrl be taken at 4%., or a little less?
Mr. STEVENS. The bonds which are to be used are precisely like those in that law, 6%. bonds payable incoin, and 7 and 3 10ths bonds ayable in currency. The 7 and 3tent sbonds have all been exhausted, all been used, but by the terms of the not they are convertible into 6%. gold bearing bonds under the discretion of the SecyTreasury, for which no law is required. It is true, last year when we were about to pass a loan bill and as a matter of history Imention it I introduced a bill that they should all be paid in currency.
Mr. MORRILL. I knowthe gentleman does not desire to mislead the House. There are 2 statements he made here to which I desire to call his attention as well as the attention of members of the House, to see whether I under stood him. One was, that the bill proposed by the ComWays&Means gave power to the SecyTreasury to issue honds without any limit. Now, as I understand the bill, it is limited to the amount of our present indebtedness, interest bearing and noninterest bearing.
Mr. STEVENS. I did not mean to say he had no power to gmbeyond the $300,000,000.
Mr. MORRILL. the Gentleman does not mean to controvert the position that he has no more power than merely to exchange for these bonds and notes now outstanding.
Mr. STEVENS. I mean to say, certainly, be is to apply it to our. indebtedness as it 18 now. It was to convert all those except the legal tenders. He has the power to convert them, if he sees fit, except telo tenders.
Mr. MORRILL. I desire to ca] his attention to another statement; that is, that the SecyTreasury proposes in his report to reduce the legal teners by the amount of $200,000,000 annually. f";
Mr. STEVENS. No, sir; that he said that he thought itwould not be necessary to go beyoml $200,000,000.
Mr. MORRILL: My recollection does not agree with that of the gentleman.
Mr. STEVENS. think I can find it. Here it is: “ It is the opinion of the Secretary. as has been already stated. that the process of contraction cannot be injuriously rapid: and that it will not be necessary to retire more than 100, or at most 200 millions of U.S. notes, in addition to the compound notes.beforethe desiredresult will be at tztine.” Then, sir, what more does he ask? He asks the power not only to convert interest bearing notes into interest bearing gold bonds, but the right to convert “greenbacks” and legal tenders bearing no ipterest into 5 twenties bear: in interest in old.
Mr. ALLISO. Iunderstand the 5 20 bonds the act of 1864 has made payable, principal and interest, in gold, whereas the interest is only payable in gold now. I desire to ask whether, under the proviso of the 1st section of the act of March1 3, 1866, the balance of the 520 bonds so payable he can return and receive in exchange such bonds as are authorized by that act, to wit, interest and principal ayable in old.
Mr. STEVENS. No such power now exists. I say that is power enough for anyone man to have, and he ought not to have any more. Let me come to what I deem another very objectionable feature. He asks to withdraw $450,000,000 of our circulation bearing no interest and to substitute bonds bearin 6%. I have a serious objection to t at. In the 1st place, I do not understand why it is, when we have a circulation bearing no interest, when we have $450,000,000 bearing no interest and which need not bear any interest, why it is that is to be taken up and put into 520 bonds bearing 6%. interest.
Mr. WILSON, of Iowa. I wish to state merely one fact in connection with what the gentleman is now saying, to show that the the ory of the report of the Secretary is the best. He has retire from circulation $467,000 of the U.S. notes.
Mr. STEVENS. Well, there is no authority given to withdraw from the circulation of the country the legal tender money of the country.
Mr. ALLISON. I would ask the gentleman if the act of June 30, 1864, does not say that the SecyTreasury may redeem and cause to be canceled and destroyed any Treasury notes or U.S. notes heretofore issued under authority of previous acts of congress, and substitute in lieu thereof anequal amount of Treasury notes, such as are authorized by this act.
Mr. STEVENS That has always been construed to apply co the 4 million net, and nothing else. Nobody has pretended that the SecyTreasury could fund our green backs and at them on 8 or 9%.
Mr. GAI FIELD. I would ask the Gentfrom Pennsylvania if nearly all the green backs were not issued under the very act to which the Gentfrom Iowa has referred? Therefore the Secretary had no right to cancel the greenbacks.
Mr. STEVENS. Will the gentleman tell me what the Secretary comes here to ask? What does he come here to ask if he had this power before?
Mr. ALLISON. I can only answer by say7ing that the law authorized the SecyTreasury to receive greenbacks for ong bonds, instead of 1st converting them into Treasury notes.
Mr. STEVENS. Then it was to save paper, and that was all. It does not amount to anything else. I deny that he has that power. He comes here now to ask it. In my judgment, it, is unwise to give him any more power to contract the currency of this country upon which the life of the country depends, and upon which the manufactures, the agriculture, and the commerce of the country depend. You propose to put it all into the hands of one man, and the very fact he has this power is enough to appal every business man in the community. But after having got that power of converting these notes into gold bearing bonds, what then? The gentleman says that then we have to return to specie payment. How are we to return to specie payment? How are you to get it at present? If you would pass a tariff that would keep out British goods, and prevent the creation of debts abroad, which require to be aid in gold; if you would convert your gol hearing bonds into currency, you would not have much trouble in resuming specie payment in a few years.
Mr. WENTWORTH. The Gentfrom Pennsylvania is one of the leaders of a great political party, and I wish to ask him whether e combats the policy of the SecyTreasury upon toground that the policy which he himself advocates will lead to specie payment sooner than the policy of the SecyTreasury; or whether he, and the meriwho go with him, intend to keep this country from a resumption of specie payment?
Mr. STEVENS. It gives me great pleasure to answer the gentleman, for I know he only asks for information, and I am sorry that I have not more to give him.
Mr. WENTWORTH. you are driving at. I want to know what
Mr. STEVENS. I am for specie payments when we can arrive at them Without crushing the community to death. I am for arriving at specie payments and still allowing the business of the country to go on and thrive, and the people engaged in business to pay the taxes which you impose on them. I say that there is not a man in the community who would not as soon have one dollar in greenbacks as one dollar in gold. No one expects to be paid in gold until a general resumption by the banks of specie payment; nobody now knows any other currency than greenbacks, and therefore I am in favor of keeping that currency. In my judgment, we have not more circulation now than the expanded business of the country requires. This war has given an immense impulse to everything. Wlience this precipitation? We have barely got out of the war against the rebels before we iave a war made upon the business community. upon the manufacturing interests, and upon all others. Sir, I am no prophet, but pass this bill, and instead of$500,000,000 ofinternal taxes, I ven ture to say that you will not have $250,000,000 of internalrevenue. The people cannot pay it. They will not do it, and your revenue system will not produce next year half what it produced last year.
Mr. wENTWORTH. I think I have followed my honorable friendfrom Pennsylvania all through this session closer than another man has followed him. [Laughter] think there is no other member of this House who has voted so generally with him as I have. But when this great Republican party was made up, we, who were originally Democrats, took 11 a cross and itwas a great cross. [Langhter. We were told that if we went into that thing we should have to lay down at the feet of the irresponsible paper mone men. Now, Iwant to know of the gentleman distinctly whether, ifhe could, he would resume specie payment tomorrow.
Mr. STEVENS. I do not know anybody more able to carry that cross than my friendfrom Illinois. [LaughterQ
Mr. WENTWORTH. Wonld you have spe cie payment tomorrow, if you could? It
Mr. STEVENS. If I could have specie paymenttomorrow without deranging the business of the country, I would. If it would derange the business of the country to return to specie payment at once, I would postpone it a little. voted for the legal tender bill, and I am glad did so, for the country would not have survived without it. I know my friend behind me [Mr. Moaaii.i.] thought differently then, and thinks so now.
Mr. WENTWORTH. Would you compro mise on a year?
Mr. WENTWORTH. No, nor on ten. [Laughter]
Mr. STEVENS. England did not resume specie payment the year after the wars with hrance. The Bank of England issued papermoney, but the Government had 14,000,000 in the stock of that bank to give it security, and the Government prevented it from resuming specie payment until it thought it best. Now, when that great war of 25 years was over, did ngland attempt in 1814 and 1815 to return to specie payment? They had afloat but 20,000,000 or $100,000,000, and they be gan with their one pound notes; in a few years they took their 2 pound notes; afterwards they took their 5 pound notes. But they never resumed full specie payment until the latter art of the year 1822. Does m friendfrom Illinois expect me to be wisert an the great men of England?
Mr. GARFIE D. Does my friendfrom Pennsylvania [Mr. STEVENS] deny that in 1819 the law forresumingspecie payment was passed, to go into effcet gradually at 1st, an completely in 1823, and that the full resumption of specie payment actually took place early in the spring of 1821, only about ayear and 3 quarters from the passage of the law?
Mr. STEVENS. Yes, except in very large sums. The law authorized them to go on until the 1st of Januar Y, 1823.
Mr. GARFIE D. But they resumed in 1821, about a year and 3 quarters earlier.
Mr. STEVENS. About a year earlier. But the law did not pass until 4 years after the war. Do gentlemen here expect, when England, with almost all the commerce of the world at her command, was unable to resume specie payments for 8 ears after the cono usion of her wars, and t ea did it by such gradual legislation that there should be no shock to the business of the country: do Gentlemen expect that we are to put it into the power of one man to compel the resumption of specie payments in a single year? But that will not be so. Pass this law, and in myjndgment the day of specie payments will be far distant indeed.
Mr. WENTWORTH. The gentlemen from Pennsylvania and I are acting together.
Mr. WENTWORTH. Never mindt hatte. r} think he is honest; I mean to be.
Mr. WENTWORTH. The question is, how far can we travel together? I want to know if the power and the patronage and the influence of the great Republican party, socalled, is to be used to deprive us of our natural standard of value. Now, I wish while we go together to be perfectly honest. Nobody respects the talents of my friendfrom Pennsylvania [Mr. Srsvsxs] more than I do. He knows more than all of us put together. [Langhter.] I want him to state to the House fairly and can didly whether, if we follow him, he will lead us to specie payment; or whether, if he could, he would. ct him say fair.
Mr. STEVENS. I will say to my friend that in this case I do not act as a member of the republican.art.
Mr. VENTWORIH. I have followed the gentleman because I supposed him to be a the publican leader.
Mr. STEVENS. If I believed thatwe could resume specie payments in a month without crushing the interests of the country, without injuring the laborer, without breaking down the manufacturer, without oppressing the people, without decreasing the revenues of the government; if I had the power I would order every bank in the country, State and national, and thb Government also, to resume specie payment.
Mr. WENTWORTH. Supose McCulloch could do that, and give all onrIioys their money at an
Mr. STEVENS. If he could do iIt should give him great credit.,
Mr. STEVENS. M friend isflarge, and has faith like 2 grains of mustard SOGlT. [Laughter.
Mr. WENTWORTH. I followed you on the slave question. [Roars of laughter.
Mr. STEVENS. I would be very gla answer the gentlemans question
Mr. WENTW ORTH. Will you go for specie payments?
Mr. STEV iLNauSghter] I will go for specie paymentjust as soon as I think the country Will bear it. But I am not willing to bestow the power proposed in thisbill upon any man, be. Iesaint or sinner. I would hardly trust my friend himself with such power.
Mr. WENTWORTH. I trusted the gentleman on negro suffrage, and I want him to trust me on finance. Let him play fair.
Mr. STEVENS. Mr. Speaker, [Lhaouwghtmenulc]1 time have I remaining?
Mr. STEVENS. Well, I yield the remain der of my time to any other gentleman who may wish to continue the discussion.
Mr. MORRILL. With the consent of the Gentfrom NewYork [Mr. DARLING] I desire to say, as a number of gentlemen are leaving the Hall, that there is to be a salt of the House this evening and this bill be disposed of, I trust, tonight.
Mr. SCOFIELD. Has a session been or dered for this evening?
The SPEAKER. this evening unless otherwise ordered by the House, which can only be done by adoptinga motion to adjourn before the hour or the recess arrives.
Mr. ROSS. I move, then, that the House adjourn.
The SPEAKER. The gentleman cannot make that motion without the consent of the Gentfrom NewYork, [Mr. DABLIKGJ who is entitled to the floor.
Mr. ALLISON. I only desire to refer to the particular clause which I read in the 1st section of the act of June 30, 1864, the substitution clause. That is a loan act, authorizing the SecyTreasury to borrow $400,000,000, an to issue 520 or ten40 bonds, or in lieu thereof 7thirties or compound interest notes. The clause I referred to in that act authorizes the SecyTreasury to convert U.S. notes into Treasury notes; not the U.S. notes authorized to be issued by the act, as claimed by the Gentfrom Pennsylvania, [Mr. Srizvsss] because this set does not authorize the issuing of U.S. notes except in the clause which I read; which U.S. notes may be taken up and Treasury notes substituted therefor; and all of the U.S. notes that had there tofore been issued under previous acts of congress may be so converted, and this includes all of the U.S. notes. It was for this reason that I said in myprevious remarks that the SecyIreasury now has the power to retire from circulation the greenback currency of this country and substitute for it Treasury notes, payable in 3 years with compound interest or with semi annual interest. I think that this is the clear construction of this act, and that it will admit of no other. Mr. Speaker, I yield the floor to the Gentfrom NewYork, Mr. Cosxuxo]
Mr. CONKLING. wish to say that, for one, I entirely concur in the statement which has been made by the Gentfrom Iowa, [Mr. ALLisoN] that the very power which the Gentfrom Pennsylvania [Mr. STEVENS] says would appal the country now exists. In the 1st place, the SecyTreasury has now t ie power, under the act of March 8, 1865, to exchange any securities of the Government which bear interest for any other securities which bear interest. In the 2nd place, he has the power to call in, to cancel, to anni hilate, so that it never again shall go out, eve article of the currency of this country which i is made up of what we call legal tender notes issued prior to June 80, 1864; and the truth is that substantially, if not literally, the whole of that currency was issued previous to that time. So that in point of fact for practical purposes the SecyTreasury has newt e power to call in and cancel the legal tender currency of the country. Only one single power remains to be conferred upon him; and that is the power to put his bonds upon the market where he pleases, when he pleases, and as he pleases, sell them for money, and with that money ur chase the outstanding obligations of the government. That is the only power, in addition to the power he now possesses, that can be conferred upon him by this or any other bill.
Mr. ROSS. Will the Gentfrom NewYork [Mr. CONKLING] give way for a motion to adjourn?
Mr. CONKLING. No, sir. I believe thatone object in giving the floor to me was to have me talk out the time till the recess, so that no gentleman could make a motion to adjourn. I shall be very happy to do that, saying for that purpose a most anything that is true. [Laughter.]
The SPEAKER. The hour of half past 4 oclock having arrived, the House now takes a recess till halt past 7 this evening. v EVENING SESSION. The House at half past 7 oclock p. m. resumed its session. PRINTING ORDERED.
Mr. LAFLIN, from the ComPrintg, to which was referred a motion in reference to the printing of 500 extra copies of House bill No. 861, to reorganize and establish the Army of the U.S., reported the following resolution: Reimlvlll.That 1000 extracopics of House bill No. 361, toreorganizeand establish the Army of the U.S., be printed for the House in pam phlet form.
Mr. WASHBURNE, of Illinois. I desire to call the gentlemans attention to one thing. There is a House bill and a Senate bill, both of which are now before the House, and I would like to.see both bills printed, so that members may be able to compare them and determine which is the best. move to amend so that 500 of each bill shall be printed. I think that is enough.
Mr. CONKLING. Do not Senate bills come to the House in the large type and broad lines, and go upon our files? The SIBEAKER. Only when ordered to be printed by the House. The Senate bill was ordered to be printed bv the House today, but no extra copies were ordered to be printed.
Mr. conKLING. I understan that the chairman of the ComMilAffrs announced today that the copies of the House bill were exhausted, and he was allowed to report anbther revised bill of which he asked extra co ties to be ordered.
The SPEAKER. That is correct as far as it goes. The Gentfrom Ohio SCHENCK] then moved that the Senate bilHMbre. taken from the Speakers table, referred to the ComMilAffrs, and ordered to be printed; which motion was agreed to.
Mr. CONKLING. What is the proposition now?
The SPEAKER. To print extra copies of. the House bill.
Mr. LAFLIN. Iwill sayin reference to that, that the cost of printing this bill is comparatively small. It will not cost to exceed from 2 to 3 cents percopy. 500 copies would ive 2 and a half to each member. Being a ill in universal demand by those who have been in the Army, it was thought proper to give each member 5 copies, as the expense Will not exceed ten or 12 dollars. I hope there will be no objection to it.
Mr. BLAINE. Does the entle man propose to print 1000 of eadgh?
Mr. LAFLIN. The resolution only provides for the printing of 1000 copies of the House bill.
Mr. WASHBURNE, of Illinois. In accordance with the suggestion the gentleman has made, I move that 1,000 extra copies of each be provided.
Skip Skip The amendment was agreed to. The resolution as amended was adopted. Mr. LAFLIN mtRtv the resolution was adopted; upon the table. Agreed to. On motion of
Mr. LAFLIN, the ComPrintg was discharged from the further consideration of the resolution requesting it to consider the expediency of printing for the use of the House 5,000 copies of rolls of honor and other lists of soldiers burials in the national cemeteries and on battle fields, now being published under the direction of the QuarterMGen, and that the same be laid upon the table.
Mr. LAFLIN. I will state for the information of the House that some days since the; House passed a resolution on the report of the committee, ordering the printing of 1000 extra copies efthe report of the commissioner appointed to make a revision of the rev Treasury Dept. Prior to that the House had already passed a resolution calling for the printing of 20,000 extra copies for the use of the House. It has been ascertained, on examination, that the type has been distrib uted from which the 20,000 have been printed. Unless some objection be made, the committee will direct 1000 copies shall be delivered out of the 20,000 copies to the SecyTreasury. There was no objection, and it was ordered accordingly. DESTRUCTION OP MONOCACY BRIDGE. On motion of
Mr. DEMING, the ComMilAffrs was discharged from the further consideration of the county commissioners of Frederick count, Maryland, praying for an appropriation to rebuild the bridge over the Monoeac river, destroed by Maor General Lewis Wallace, U.S.volunteers, and that the same be referred to the committee of Claims. ADVERSE REPORTS.
Mr. WASHBURNE, of Illinois, from the ComCommerce, reported back House bill No. 40, making an appropriation for a cus tom houseand warehouse at Jcrse City, State of NewJersey, and House bill No. 233, to provide for the construction of a customhouse, postoffice, and courthouse at the city of Cairo, Illinois, and moved that the bills be laid upon the table, and the report accompanying them be ordered to be printed. The motion was agreed to.
Mr. WASHBURNE, of Illinois, mtRtv just taken; upon the ta c. Agreed to. WITHDRAWAL of PAPERS. Minions asked and obtained leave to withdraw from the ComClaims the pletition and accompanying papers of George ack and others. LOAN BILL.
Mr. HARDING, of Illinois, called for the regular order. The House accordingly proceeded to the consideration of the special order, House bill N 0. 207, to amend an act entitled “An act to provide Ways&Means to support the Government, ” approved March 3, 1865.
Mr. SPALDING. Will my colleague allo me a question?
Mr. SPALDING. Does not this amount of indebtedness thus maturing include the 30 bonds for which the Government may issue 5 twent bonds?
Mr. TROWBRIDGE. Before the Gentfrom Ohio [Mr. GARFIELD] proceeds to the next branch of the subject, I would like to ask him a single question.
Mr. TROWBRIDGE. I would like to have the gentleman state whatis the necessity of re tiring the greenback currency of the country and meeting these obligations of the Government, of which he has been speaking. Admit tin his entire theory in re rd to the bonds, an the 7 30 and egal tendar notes, what is the necessity of diminishin the green back circulation of the country at this time?
Mr. PRICE. I want to ask the Gentfrom Ohio whether there is any more currency in circulation now than 6 months ago. In short, I want to know whether there is not more currency in circulation every day of the week and every week of the month for the last 6 months. And has it not been increasing? I want to know whether it is not equally true that gold has been coming down steadily, certainly, adually, surely; and not only that, but that 3e commodities of trade and commerce have come down in the same ratio. Yet the currency has been increasing, strange as it may seem. And the gentleman need not go bac to the horn books to find out these facts. They stare us in the face every do. It cannot be denied thatwhile the currency has been increas in gold has been oing down.
Mr. GARFIEL. A paragraph from the Merchants’ Magazine for anuary lastwill perfectly answer the gentleman’s question. this to this effect: the President’s message raised Government securities at home and abroad and depressed gold. The report of the SecyTreasury accomlished still more. The very announcement o? the policy of resumption has checked gold and stock gambling and brought down prices. That historical fact is a complete answer to the gentleman's question.
Mr. PRICE. Does the gentleman deny the statement I make in reference to the increase of the vqlume of our currency and the decrease in the premium on gold?
Mr. GARFIELD. I do not deny it. I have admitted that gold is falling. I admit that our currency has been slightly increased. Bubsir it must be remembered that $600,000,000 of rebel currency collapsed and disap eared on the day the socalled southern confederacy collapsed, and thus left a vacuum into which our currency has since been flowing.
Mr. PRICE. Do you denyin the face of the facts in the case that our currency has been increasing while old has been decreasing?
Mr. GARFIE D. I have answered the gentleman.
Mr. PRICE. I am sorry I cannot see the answer.
Mr. DAWES. Does the gentleman mean to maintain that this poweroftaxing U.S. bonds hereafter to be issued cannot be exercis d by the States, provided Congress shall authorize it? I do not suppose that the Gentfrom Maine, or any other gentleman, would contend that a State can exercise such power without the authority of Congress.
Mr. GARFIELD. I ask the Gentfrom Massachusetts [Mr. Dawns] whether he believes that Conga ess can delegate that power to the States?
Mr. DAWES. I put the interrogatory to the Gentfrom Ohio.
Mr. GARFIELD. Well, Itrust that the Gentfrom Massachusetts, who is a very distinguished lawyer, will do me the favor to say whether he believes it can be done.
Mr. DAWES. If the gentleman wants my Opinion, I will say that I have no doubt that Congress has the power and can confer it upon the States. Whether it is wise for Congress to do so, is a question of policy. I mayndd, however, that I am very clear that Congress cannot authorize this taxation in respect to any bonds alreadv issued, because that would be in violation of the terms of the contract.
Mr. GARFIELD. Now, Mr. Speaker, we have heard the Gentfrom Massachusetts express the opinion that Congress can delegate this power to the States. Hear the opinion of another distinguished citizen of Massachusetts. I ask the Clerk to read a passage from aspeech of Daniel Webster's, on the ver question iin der discussion. It was delivers in the Senate of the U.S., May 28, 1832.
Mr. GARFIELD. such was the opinion of the great “ Defender of the Constitution.” He believed that the power of a State to tax the 'securities of the U.S. is prohibited by a higher authority than a statute of Congress; that it is prohibited by the Constitution itself.
Mr. DAWES. Has the gentleman had that passage read as an answer to my interrogatory 'I
Mr. GARFIELD. I cite it in answer to the gentleman’s construction of the Constitution.
Mr. DAWES. That quotation from Mr. Webster has, within my experience, been used for various purposes on many different occasions; but this is the 1st time I have heard this application of it.
Mr. GARFIELD. The applicationI have made of it is to show that Mr. Webster did not believe that Congress could constitutionally delegate to the States the authority to tax the securities of the U.S.
Mr. DAWES. He does not say so; that question does not arise.
Mr. MORRILL. I do not propose to occupy much of the time of the House at this late period. I will directly move the previous question. I yield now 5 minutes to the Gentfrom Ohio.
Mr. STEVENS. I offer the following modification of my amendment, to come in as an additional section: All laws or parts of laws which authorise the SecTreasnry to fund or withdraw from cir cuclaartiinegn any U.S. legal tender notes not interestbe and thesameareherebyrepealed.
Mr. SPALDING. I ask the Gentfrom Vermont to allow me a very few minutes.
Skip skip Mr. MORRILL. I do not know but I better call the previous question before I make the remarks I desire to make. The SPEAKER. The Gentfrom Ver mont [Mr. MORRILL] has 35 minutes of his hour remaining. He can call the previous question, and if it is 2nded, he can then make his remarks. Mr. MORRILL. Then I call the previous question on the bill and pending amendments. The previous question was 2nded.
Mr. IKE. I submitted an amendment this morning, or had one read, which I desire to have a chance to Offer.
The SPEAKER. The Chair stated to the Gentfrom Maine that his amendment could not be received in the form in which he proposed it. The amendment of the Gentfrom Vermont, [Mr. MonaiLL] was to strike out a certain part of the bill. The amendment of the Gentfrom Maine was to add certain wor to the bill, and was not in order.
Mr. PIKE. I hope the House will not 2nd the previous question.
The SPEAKER. The previons question has been already 2nded. he question is now, Shall the main question he put? upon which the Gentfrom Maine can call a division if he desires it.
Mr. PIKE. I move to reconsider the vote by which the previous question was 2nded. The motion to reconsider was not agreed to. The mainquestion was then ordered.
Mr. Loaus motion to insert the following in place of what
Mr. Momma. moved to strike out: That all bonds or other obligations of the U.S. hereafter issued shall be madepayable. principal and interest, in lawful money of the U.S., and all acts or parts of acts which authorize the SecyTreasury to retire permanently from circulation U.S. notesnot hearing interest are hereby repealed.
Mr. HARDING, of Illinois. yeas and uays. vote. The ycas and pays were not ordered. The amendment was disagreed to. The question then recurred on Mr. Mon kiLis motion to strike out the following: Provided, That the bonds which may be disposed of elsewherethan in the U.S. may be made payable, both principaland interest, in currency of the country in which they arteecoin or madepay able, but shall not bear a rate of interest exceeding 5%. perannum. The motion was agreed to. The question then recurred on Mr. Srsvnxs 8 Substitute for the bill, as follows: That the not entitled “An act to provide wa means toan ort the Government, approved 8 1865.sha] is extendedand construedto authorize the SecyTreasuay to dispose of any do I demand the If I cannot speak I want to d by am and arch sacmriopuline tn, of bonds authorize not to such an in such manner, an at such rates not less than our. as hcmuy think advisable.forlawful money of the U.S., or for any Treasury notes.cers tificates oi indebtedness or certificates of deposits or other representatives of value, which have been or which may beissued, under any act of Congress;and l Withers“ shall be used only for retiring. s or other obligations bearing interest, issuedunder any;act of Congress: but nothing herein containedshall e construedtoauthorizeany increase of the public debt. Sec. 2 and all laws and arts of laws whichaih thorize the SecyTreasury to fund or ivith druw fromcirculation any U.S. logal tender notesnot hearing interest be, and the samearehere by, repealed.
The SPEAKER. The Chair thinks not, as it has been offered for the whole bill.
Mr. STEVENS. I withdraw the 2nd section of my substitute.
Mr. WENTWORTH. I object. while I would do anything to oblige my friend, I want our soldiers aid in money at par.
Mr. GARFIELD. I move that the House take a recess of ten minutes.
The SPEAKER. The Chair doubts whether, under the operation of the previous question, a recess can be ordered without unanimous consent.
Mr. MORRILL. I then renew the motion to adjourn and call the yeas&nays on the question. But if the gentleman will withdraw the objection I will Withdraw my motion. The was&nays were ordered.
Mr. VlLSON, of Iowa. Is it in order now to move to reconsider the vote by which the main question was ordered?
Skip Skip Mr. WILSON, of Iowa. In order to get at that I will withdraw the demand for the read in of the engrossed bill. Mr. MORRILL. I withdraw the motion to adjourn. ltMr. STEVENS. I demand the reading of the engrossed bill. Mr. GARFIELD. I renew the motion to adjourn, and demand the yeas&nays upon it. The yeas&nays were ordered. The question bein taken on the motion to adjourn, it was decled in the negative yea! 48, nays 80, not voting 65; So the motion to adjourn was disagreed to. During the roll call, Mr. INFIELD stated that his colleague, Mr. RADFORD, was unavoidabl absent. The bill being NewEngrosse, it was read the 3rd time. Mr. MORRILL mtRtv the bill was ordered toibe engrossed and read a 3rd time; upon the table. Agreed to. Mr. MORRILL. I demand the previous question on the passage of the bill. The previous question was 2nded, and the main question ordered. Mr. WILSON, of Iowa. I demand the yeas&nays on the passage of the bill. The yeas&nays were ordered. The question was taken; and it was decided in the negative yous 64, nays 70, not voting 49; So the bill was rejected. During the roll call, Mr. ANCONA said: My colleague, Mr. Jonssos, is still detained from the House by indisposition. The result of the vote having been an nounced as above recorded, Mr. GARFIELD said: I changed my vote and voted in the negative for the purpose of moving a reconsideration. I now move to reconsider the vote by which the bill was rejected. Mr. BEAMAN. upon the table. Mr. WASHBURNE, of Illinois. I move that when the House adjourns it adjourn to meet on Monday next.
Mr. STEVENS. I hope the gentleman will not insist on that motion. I think we had better have a session for debate.
Mr. WASHBURNE, of Illinois. Iwithdraw the motion.
Mr. STEVENS. I ask that by unanimous consent the session of tomorrow be set apart for the consideration, as in ComWhole on the state of the Union, of the presidents annual message, and for debate only. No objection was made and then, on motion of
Mr. MORRILL, at 15 minutes past 11 oclock p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions, &c., were presentedunder the rule, and referred to appropriate committees: By Mr. BOUTWELL: he petition ef the Lowell city Institutions for Suving sof theMiddlcsex Institutions for Savings and of the Newton Institutions for Savings. severally asking for a reduction of the tax on BllVlDRSbanks. By Mr. RADF D: The memorial of the Legislature of Coloriid in relation to the Pacific railroad. Also. the etition of Lieutenant Barrett, and others, late O cars and soldiers in the U.S. Arm, against the sale of mineral lands of the U.S. By Mr. CLARKE, of Ohio: The petition of John Carter, and 7others. soldiers of the war of 1812. residents of Clermont county, Qhio, askingfor penswns. By. Mr. COOK: The petition of 62citirens of Will county, Illinois, praying for the enactment of laws for the regulation of interstate insurances of all inds. By Mr. FERRY: Thememorial of insuranceagents of Muskegon, Michigan, praying for the passageof a law reulatin interstate insurances of all kinds By Mr. GOO WIN: The memorial of the Legislative Assembly of the Territor of Arizona. askin Congress to donatecertain lands to build a railro in said Territory, Also. the petition of
###HOUSE OF REPRESENTATIVES. Ssruansr, March 17, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxios. The Journal of yesterday was read and approved.
Skip Skip LEAVE OF ABSENCE. Mr. HILL asked and obtained leave of absence for his colleague, Mr. Dsrnsss, for the next week. The House resumed, as in ComWhole on the state of the Union, the consideration of the Presidents annual message. RECONSTRUCTION.
The SPEAKER laid before the House a communication from the SecyTreasury of the U.S., transmitting a statement of the amounts now in the U.S. Treasury, including the sums in the hands of the Asst Treasurers, national banks, and all other depositaries, in answer to a resolution of the House of the 6th instant; which was laid on the table, and ordered to be printed. RECONSTRUCTION.
Mr. WHALEY. I wish to ask the Gentfrom Missouriwhether he expects that they are to come in under the “dead State” theory or not? That is a question which has been in geniously dodged y every speaker heretofore. Are they to be States in this Union, represented as States? Under the “dead State" theory there are at least 17 members upon this floor who have done a great deal from the earliest period of the rebellion for the restoration of the Government, who have no standing here in accordance with the “dead State” theory, in accordance with the doctrine set forth by the Gentfrom Pennsylvania, [Mr. STEVENS] so well known to the country.
Mr. ANDERSON. More than once the Gentfrom Pennsylvania has himself denied that he ever uttered the sentiment which the member from WestVirginia attributes tohim. How far is it necessary for a gentleman to deny such a thing before a gentleman of the Democratic faith ceases to fasten upon him sentiments which he has denied over and over again?
Mr. WHALEY. The gentleman refers to me as of the Democratic faith. Sir, in m earliest manhood I was a Democrat, and have not the slightest desire to conceal my political principles. I was a Democrat; but I went with the Douglas party; and it is but justice that I should say that it. was the Doug fas party that saved WestVirginia to the Union. There is not, to my knowledge, a leading Douglas Democrat in WestVirginia who has not stood true to the Union. Sir, I am not ashamed of m Democrac.
Mr and E SON. I did not yield to the member from WestVirginia for a speech.
Mr. WHALEY. I have no desire to make a speech, but simply that my Democracy should he understood as not of a disloyal character.
Mr. ANDERSON. If the gentleman had waitedafew moments he would have seen that I intended to pass a personal eulogy upon himself. [Laughter
Mr. ANDERSON. I do not think I have said anvthing about the Democratic party, or about the gentlemans associations with that party, to suggest the idea that I intend to disparage its claims upon the people. Iwas born a Democrat myself; I was reared in that school of politics; and if your Democracy needs any de euse, I am willing to do all I can to bolster itu, although it is getting very shaky. [Laughter.
Mr. WHALEY. There were 31,000 Democrats in WestVirginia who stood true to the Union.
Mr. ANDERSON. I admit that there were that number. I have great respect for that party; but in discussing this question of reconstruction there is no necessity for party spirit to enter into it. All I ask of the member from WestVirginia is, that upon this question of reconstruction he shall stand upon the same platform upon which he stood while fighting the enemies of his country. If he will of that all will be well.
Mr. WHALEY. I have been doing that for 5 years upon this floor.
The SPEAKER. The gentlemans hour has exired.
Mr. WHALEY. I wish to make a brief reily to aremnrk of the Gentfrom Missouri, lhfi. Annnasoxfl which seemed to have apersonal reference to my early political faith as a Douglas Democrat. I only wish to occupy a moment or 2, and not to tire the patience of the House. I desire to say that 3 different times I have met the Union members of conrcss in caucus, and cooperated with them in the election of their most important officers, and it is not for any gentleman at this late do to come in and throw suspicion upon an 01 Douglas Democrat. I am not sensitive upon this subject, nor do I wish to make a speech at this late hour in the evening; but were I ever so much inclined to address the House, I would scarcely be able to find the opportwity to do so, unless I submitted to the the ious process of registering my name a month in advance of the time of delivery; for when and how, I would like to know, can the occasion be secured to a member here who does not pursue the plan I havementioned? My s eec es, if made at all, are off hand in their c aracter, and I never eXpect to deliver one like that of the Gentfrom Indiana, [Mr. DUMONT] who, although absent from his seat throughout the past 2 months, has delivered, this afternoon, an elab orate and carefully written speech. I have sought several weeks in succession for on op portunity to be heard in my way, but Wlihoui success.
Mr. GRINNELL. I would ask the gentleman whether he does not know that the Gentfrom Indiana [Mr. DUMONT] has been sick and confined to his room the greater art of the winter. It seems to me very unkin to allude to him in that wa.
Mr. WHALEY: It was not in any unkind nees that I alluded to that gentleman; butI ask the Gentfrom Iowa [Mr. Gnnvnnm. to tell me in what waya member can get the corand secure an opportunity to speak. I have only been able to do it by asking gentlemen to yield to me for a monent when I manage to get in a remark or so. My constituents are expecting it, and yet, after months of time spent here, Lfail to get the opportunity I have sou ht.
Mr. GRINNELL. 1 do not want to interrupt the gentleman, but I thought he was not aware that the Gentfrom Indiana, [Mr. Du MOXT] was a valuable officer in the Army and lost his health in the service of his country.
Mr. WHALEY. I am aware of that, and I appreciate it fully. But to come to what I intended to say. I am not ashamed of having been a Democrat, nor a Douglas Democrat. Some gentlenien seem to think in these days that it as become a disgrace for a man to have ever been a Democrat. It was not so when I 1st came here in 1861. Then, and for 2 years succeeding, I heard nothing disparaging to that class of men. Sir, is the Union party of today to become either a whi party or a Democratic party? I think not. at I will do fall justice to the patriotic men of all parties Whigs, republicans, and Douglas Democrats who unite in a solid phalanx against the Breck inridge Democracy in my State. The people of in State do not want any party but that of the nion. Sir, I hope that some time or other I shall have an opportunity to speak for a few minutes. For the present I can only say, that so long as the cse utcheons of these States are engraven on the ceiling of this Hall, just so long as the stars, emblematic of the number of those States, shall remain on the flag that now dec orates our Speakers stand, we should regard them alas in the Union. Sir, the gulf between Congress and the president is not so wide that it cannot be bridged. So far as I am concerned I can see no difficulty in our coming together. If we do not bridge this gulf, let gentlemen beware of the next congressional election when they will have to meet the people and when this question will be decided.
Mr. HOGAN. The Gentfrom Illinois is not solicitous to go on this afternoon, and I presume the members of the House are not solicitous to have him go on. With his consent, I move that the House do now adjourn. The motion was agreed to; and thereupon (at 4 oclock p. m.) the House adjourned until Monday.
Skip Skip PETITIONS, ETC. The following petitions, kc" were presentedunder the rule and referred to appropriate committees: Mr. ASHLEY of Ohio: Petitions from the businessmen of Toledo, Ohio; Williams count, Ohio; Archibald Ohio; Petersville. Ohio; Onklan, Ohio; Whitehouse. Ohio; und W n.shingtonO, hio, praying Congressfor an appro nation to improve the navi gli1ti1o0n of theMaumee ay and the harbor of Toledo. Also. fronifiiebusiness menof LaFayette, Indiana; WestPoint, Indiana; Fort Wayno. Indiana; Peru, Indinna Williams ort.Indiana; Lawrence Indiana; utter, Indiana;WIndiana; aterloo City, Indianir onnokc, WestLebanon, Indinn a; Wabash, Indiana, and Huntington, Indiana. praying for an appropriation for the same ur ose. Also, from the usiness men of Decatur, Illinois; Naples IllinoisJn.gksonville.Illine ts; Niantio. Illinois: Ciayton JlhnowMoundeity, IllinoisBemont, pIllrionporisiagtaionnd Alexander, Illinois, praying for an apfor the samepurpose. By Mr. BEAMAN; The petition of Horace R. Gard ner and O9 others, citizensof Hillsdale county, Michigan, asking the extension of the land grant to the pu“n1y5.051. 131151la1n8d. Traverse Bay Railroad comin the State of Michigan. By Mr. SPALDING: the petition ofJose phG. Hus ey and others. citizens of Cleveland, Ohio. for an mused tariff on copper
@@@IN SENATE SENATE. Meson, March 19, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of Friday last was read and approved.
Skip Skip Mr. SPRAGUE presented the following petitions, which were severally referred to the ComFinance: the petition of w.Mr. Potts, treasurer of the American Optical company of the city of NewYork, (praying for an increase of the duties on all kin s of imported o tical instruments; the petition of Wilard & 0., manufacturers of camera tubes and lenses, praying for an increase of 30%. on the duties on imported tubes an lenses for hotographing; tife petition of Wirth and Mil er, manufacturers of ca eras, praying for an increase of 40%. on the duties on imported photograph cameras; the petition of Chapman 8. Wilcox, manufacturers of cam eras, praying for an increase of 30%. on the duties on imported cameras for hoto graphic use; the petition of Perry d: hambers, opticians, praying for an increase of 50%. on the duties on imported cameras and lenses; the petition of Henry G. Fitz, tel ese Ope maker, prning. for an increase of the duties on importe p otographie and 0tion] instruments; the petition of rose h &heyer praying for an increase of the duties on imported optical instruments and photographic tubes; the petition of Julius Grunow, praying for an increase of 40%. on the duties on imported optical instruments; the petition of Bryant & Smith, praying for an increase of 30: cent. on the duties on lenses imported for p 0 tographio use; and the petition of G. Wesom i & Co., praying for an increase of 30%. on the duties on tubes and lenses imported for cameras. REPORTS 01cCOMMITTEES.
Mr. HOWE, from the ComClaims, to whom was referred the petition of Rebecca 8. Mine r, praing for compensation for property taken an used by the U.S. Xrmy in the years 1863 and 1864, in Natchez, Missis sippi, reported adversely thereon, and that the petitioner have leave to withdraw her etition and other papers. The report was or ered to be printed, and leave was granted to withdraw thi.lpar.pIeiO s.WE, from the ComClaims, to whom was referred the petition of Ephraim Hunt, praying for compensation for his services as a soldier in the late war with GreatBritain, submitted an adverse report; which wasordered to be printed.
Mr. WILLIAM, from the ComClaims, to whom was referred the petition of the executors of the estate of the late Colonel D. D. Tom kins, praying that the accounting Officers of the Treasury may be authorized to audit and settle his accounts upon principles of equity and justice submitted an adverse report; which was ordered to be printed. sonnmns ASYLUM.
Mr. WILSON. I am directed by the ComMilAffrs , to whomwasreferre the amendment of the HoRep to the bill (S.No.64) to amen an act entitled “An act to incor orate anational military and naval asylum or the relief of the totally disabled officers and men of the volunteer forces of the U.S., ” to reart it back to the Senate with a recommenation that the Senate concurin the amendment of the HoRep. If there be no objection, I should like to have it acted upon new. There being no objection, the Senate proceeded to consider the amendment.
Mr. WILSON. I will state that the 1st 3 sections of the proposed amendment differ from the 1st 3 sections of the senate bill. The other sections are similar to the remaining sections of the Senate bill, and I suggest that it is not necessary to read them in order to have an understanding of the House proposition.
The PRESIDENT protempore. The 1st 3 sections only of the amendment will be read unless some Senator desires the other sections to be read.
The President protem ore. That completes the 3 sections of the House amendment stated by the Senfrom Massachusetts to differ somewhat from the 3 sections in the Senate bill. The residue of the amendment of the House is the same as the Senate bill, but will be read if any Senator demands it.
Mr. GRIMES. I desire to inquire of the chairman of the ComMilAffrs whether, as the bill will stand if the senate adopt the amendment of the House, the law passed at the last Congress upon this same subject will be repealed by its provisions.
Mr. WILSON. I think it is so. It was intended to repeal that act, and substitute an other. I think you Will find the last section reeals it.
The PRESIDENT protempore. The question is, Will the Senate concur in the amendment made to this bill by the HoRep? The amendment was concurred in. PERSONAL EXPLANATION.
Mr. Graham or any other gentleman claiming a seat might think fit to produce in the fullest manner that we are capable of doing. will state further thatnone of the testimon with regard to NCarolina has been printe.
Mr. Graham alludes in his communication to the Intelligencer to one deposition in relation to affairs in that State. How that got in there I do not know. I presume it was taken by some other than the sub committee to whom that subject was referred. The State of NCarolina, if I recollect aright, is under the charge of the sub committee of which Senator Howasn is chairman. None of that testimony has been published, for the simple reason that at the time the order of publication was made, Senator HoWAan was awa, being called home by adomestic calamit. The testimony was all in his possession. e was not here, and we have been deferring that particular portion until he returned, in order thatit might e published under his supervisi )n. The publication was left to the chairmen of the several sub committees. He will be back in a day or two. I received a letter from him this morning. I think the States of Virginia, NCarolina, and SCarolina are all commit ted to the sub committee of which he is chair man, and the testimony is all in his possession, and none of it, as I understand, has yet been printed; so that
Mr. Graham is laboring under a very great error in so posing that this is a judicia rocceding in that particular; that is to say, that it is conducte according to the rules of a court in equity or in other cases, taking all the testimony before you order the publication. He infers that because the appication has commenced, therefore it is al closed, and no more is to be taken. That is not so. The subject is still open for his examination if he desires it. If we were to agree to his idea that notice should be given to him of the points that will be in our mind, and that he should be called upon to explain them, and appear as counsel and crossexamiue every witness, and all the other gentlemen from these other States should do the same thing, itwould protract the investigation indefinitely. We did not suppose it necessary, and we were informed that it was not customary in such cases, and therefore my reply was as it reads. I have only to state that Mr. Graham is at perfect liberty now, as he has been all alon i the saw tit, an [took it for granted he woul, after receiving my letter, send his witnesses here or come up with them to have them examined. As he did not do so, I thought very little more of it one way or the other, because it so happened as the business was divided on the committee Iwas not on anyone of the sub committees engaged in taking testimony. make this explanation in order to disabuse the public mind of any idea that anything has been denied to any of these gentlemen except to come up to what
Mr. Gra am, in his communication, seems to suppose ought to have been done. I differ with him entirely. I differ with him on the subject of practice, and I differ with him as to the question of expediency. I am not willing to athmit, when I go on a committee of this kind, that I go there as counsel to convict anybody, or go there to make a case against anybody in any shape or form. I take it for granted if I am ordered to investigate a subject thatI am counsel on both sides and judge, and under every obligation to make that examination fairly and honestly, and present the facts as they exist, and not as they might. be made out by a particular person or set of persons. That is not my notion, or according to my ideas, of dut in such a case.
The President protemporc. The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of Friday.
Mr. DAVIS. It will take me but a minute to conclude on this subject, and I do not desire to trouble the Senate again upon it.
The President proiemporc. The senator can proceed by common consent only. Is there any objection to the Senfrom Kentucky proceeding? 7
Mr. DOOLITTLE. I have no objection if the unfinished business will not thereby lose its place on the Calendar.
Mr. DOOLlTTLE. It is the bill which was taken up at the close of the session on Friday providing for an annual inspection into Indian affairs. I desire to dispose of that bill today. I presume it will not take over half an hour to pass it.
Mr. COXNESS. The introduction of bills and JtResolutions has not been reached yet in the morning hour. It is very evident this question is pretty well understood now.
Mr. FESSENDEN. Let the Senfrom Kentucky finish his remarks.
Mr. CONNESS. Well, I hope he will not consume much time on us this morning.
The PRESIDENT protempore. The Senfrom Kentucky Will proceed, no objection being interosed.
Mr. CHANDLER. KeLtucky to order. fore the Senate.
Mr. DAVIS. I have just had permission of the Senate to read this document. I have but a sentence or 2 more to read. I call the Senfrom There is no question be as
Mr. FESSENDEN. The Senator asked permission to read Mr. Grahams communication, but I believe he has been for some time read in the editorial of the Intelligencer.
Mr. FESSENDEN. Are you reading Mr. Grahams communication now?
Mr. DAVIS. I am readin the statement of Major Lawrence which It
Mr. Graham apnds as a part of his communication, and I have but a sentence of it to read.
Mr. FESSENDEN. Very well; I thought it was something else.
Mr. DAVIS. This letter continues: " Instead of allaying, it will beget, jealousy and ill will between the racesto a greater degreethan now exists and finally produce the very evils it is intended to guard against and how such a systemcan be exercised.except as atemporary military necessity in a conquered country. I cannot conceive. It is liable to all our old objectionsto the fugitive slave law, and, unlike that. Will be an ever present.ever aet ingevil: and its revisions are very incomplete for the and propose. unlessit is assumedthat Military authority is to remain paramount. For instance, I can fine a man 50 dollars and imprison him 30 days; but in caseof murder of a black, the district or Deptmilitary commandermust order trial by court martial. Upon conViction the case may. of course, goto the SecyW arfor review. such ii. trial is in proirrcssnow in Raleigh. If this systemis to be retained after the States shall be reconstructed whatever that mayhe and if this is republic iiiiisni or self government I shall despair of everbeinirablo to comprehendtho1stprine iples of political science. But if a Slateshould establish sue ii.judicial system, I think the Federal Government might Well he called upon to enforce its guarantee of republican government to the people of that State. thiuk it would be a less outrage upon the principles of self government and upon the Constitution to treat the outh as conquered territory, and govern it by our territorial system, than to do what is proposed to be done: and in that caseMr. Sumnm might secure juries composed equally of white and black men. I felt ashame for myselfes an American and for my government when a few.days ago, Judge Buxton, of the supreme court of this State. called at my offico to in quire iisto the extent of the iurisdiction he would be permittedto exercise in a term he was about to hold.” I rest the case n on this.
Mr. FESSEND “N. I do not wish to make any further explanation. I will say, however, that if Mr. Graham really desires to introduce testimony, instead of merely wishing to make a point on the committee or Congress in relation to the matter, the testimony will soon be published and he can read it and see what testimony he may desire to introduce, and I picsiiine there will be no sort of objection to is doing it. I am content to leave the matter as I have explained it. Iunderstand from Gentlemen around me that it has never been the practice, except where the investigation related particularly to individuals, to permits. counsel to be present in a committee when a deposition is taken or a witness examined, and to crossex amine the witness. The committee is content with its action, and I am willing to leave the matter where it stands.
Mr. DOOLITTLE. Now, sir, I call up the unfinished business of Friday.
The President protempore. The Senate bill No. 204 is before the Senate.
Mr. CONNESS. I hope time will be given to go through the ordinary routine of the morning business, the introduction of resolutions and bills, before we enter on the special order.
Mr. DOOLITTLE. If the special order will not lose its place on the Calendar, I have no objection to the introduction of bills and resolutions.
Mr. CONNESS. I think the morning business has reference.
The PRESIDENT retempera. The unfinished business of riday can be laid aside by common consent, if that be the will of the Senate. The Chair hears no objection. BILLS INTRODUCED.
Mr. CONNESS. I ask the unanimous consent of the Senate to introduce a bill without previous notice, and I wish to say, in presenting it, that it is a correction of a bill introduced a week ago on a subject of great consequence to the people of my State. I desire to have it read a 1st and 2nd time, referred to the ComPubLands, and printed. There being no objection, leave was granted to introduce a bill (S. No.208) to quiet land titles in California; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.208) to protect American citizens engaged in lumberin on the StCroix river, in the State of Maine; which was read twice by its title, and referred to the ComCommerce. EQUALIZATION of BOUNTIES.
Mr. WILSON asked, and by unanimous consent obtained, leave to introduce ubill (S. No.207) to provide for the c qualization of the bounties to soldiers in the late war of rebellion; which was read twice by its title.
Mr. WILSON. I move that the bill be referred to the ComMilAffrs, and printed.
Mr. CONNESS. It occurs to me I only throw out the suggestion at this time thatthat bill, at least before it be considered by the Senate, should be referred to the ComFinance. If I understand it, it is a bill that contemlplates more expenditure from the national Treasury than an that has been or will be presented to this be y during this session. If the understanding is that it shall go to the ComMilAffrs, from the chair man of which it now comes, be considered by them, and then subsequently referred to the ComFinance, of course I have no objection to that; but it appears to me to be aquestion of finance and appropriation rather than a question for the ComMilAffrs. It does not provide for making war it does not provide for organizing the means of war; it is not intended as a measure of public defense; but it is a bill for the equalization of bounties, that is, for additional appropriations of the public funds in some shape to persons who have served in the armies of the U.S. Because the beneficiaries were soldiers does not necessarily make it a legitimate subject of consideration for the ComMilAffrs.
Mr. WILSON. I will simply say that there has been a great number of petitions presented on this subject, and the Senate has for 3 months passed referred those petitions to the ComMilAffrs; but I am not at all particular about the question of reference. Those etitions, as I supposed, were referred to the h illitary Committee for the consideration of that committee. If the Senator desires to refer the subject to any other committee I am perfectly wiling to agree to it, and we will report back the petitions we have on the subject and refer them to the same committee.
Mr. CONNESS. I have noticed that these petitions have been continually referred to the ComMilAffrs. Of course the honorable chairman and members of that committee will understand that I have as much confidence in them as in any other committee of this body; but they will also, I think, understand the importance and the 1c timacy of the suggestion that I make. As I are said, this bill probably involves a larger appropriation of the public moneys and will affect the public credit and finances more deeply than any other measure that has been or will be presented during this session of Congress. I have no objection that it shall now go to the ComMilAffrs, so that, after being considered by them, they may report it with all the petitions on the subject and t on refer them to the ComFinance, where I think the subject properly belongs. he bill was referred to the ComMilAffrs , and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A “10850? from the HoRep, by Mr. LLOYD, its Chief Clerk, an nounced that the HoRep had passed the following resolution, in which it requested the concurrence of the Senate: Rennlwd, (the Senate concurring.) That the President oftho Senate and the Speaker of the HoRep adjourn their respectiveHousesfor the present sessionon Thursday the day of Ms at 12 oclock meridian. y. ENROLLED BILLS SIGNED. The message from the HoRep announced that the Speaker of tc HoRep had simed an enrolled bill (H.R.No. 217) for the reliefofRobert Hence; and a bill (S.No.86 quietin doubts in relation to the validit o certain ocations of lands in the State of Wisconsin, made by virtue of certificates issued under act of Congress of February 17, 1815; which were thereupon signed by The President protempera. REVENUE COMMISSION REPORTS.
Mr. SPRAGUE. I offer the following resolution: Ruolimi, That there be printed for the useof the Senate 5,000 extra copies of the following special reports of the U.S. revenue coins mission, of which extra copies have not heretofore beenordered: report of distilled spirits. 110. 5:) pe troleum. (No. 7:) proprietary medicines, c. (No. 8;) appendix to cotton report, (No. 3;) on the relations of foreign trade to domestic industry and the internalrevenue, (Ne. 10;) on the influenceof the duplication of taxes on industry. (No. 9;) and the report madeto the commissioneron the taxation and manufacture of malt liquors in Europe. It was thought that under a former resolution of the Senate the different branches of the report of the revenue commission were ordered to be printed. It has been since as certained that some of the branches of that reIeort have not been so ordered, and I trust the comPrinting Will take the subect into consideration and report at an early ay.
The President protempers. Under the rule of the Senate, the resolution will be referred to the ComPrintg. interocEAN“! COMMUNICATION.
Mr. CONNESS. I offer the following resolution, and ask for its present consideration: Resolved, That the SecyNavy furnish through a report of the Superintendent of the Nara Observatory, thesummit levels and distances, by surveys of the various proposed lines for interoceanic canals and railroad s between the waters of the Atlantic and Pacific oceans; as also their relative meritsas practicabledines for the construction of a ship cane, and especiall as relatesto Honduras. The huuntcpec Nicaragua, spams and Atrato lines: and also whether, in the opinion of the Superintendent, the Isthmus of Darien has been
satisfactorily explored and if so, furnish in detail charts plansJines of levels, and all information connected therewith, and upon what authorities they are based. There being no objection, the Senate proceeded to consider the resolution.
Mr. TRUMBULL. I gave notice last week that I should call up to da the case of the Senfrom NewJersey, [18
Mr. Smear om] whose right to a seat in this body is contested; but several Senators who desire to be present when that case is considered are not in the Senate now, and I shall therefore let the matter go over, giving notice, however, that I shall call it tip at an early day when the Senate is full.
Mr. TRUMBULL. I am not sure whether the Senfrom NewHampshire
Mr. CLARK, or the Senfrom Maryland, Mr. Jonssos, will be here tomorrow, and the Senfrom Michigan [Mr. CHAXDLER] has had set down for tomorrow some business from the ComCommerce. I think we might take it up on Wednesday and I give notice that I will call it up on W ednesday, unless there is some reason to prevent it. FINAL ADJOURNMENT OF CONGRESS.
The PRESIDENT o tempera laid before the Senate the followmg resolution from the HoRep: HORep March 19, Resolved. etho Senate concurrinc.) That the President of the Representativesad journ their respective Houses for the presentsession on Thursday the day of May, at 12 oclock meridian. On motion of
Mr. SHERMAN, the resolution was referred to the ComFinance. INDIAN AFFAIRS
Mr. DOOLITTLE. I now call for the order of business. The Senate, as in ComWhole, resumed the consideration of the bill (S.No.enate and the Speaker of the House of 204:) to provide for an annual inspection into Indian nfiiiirs, 1vnd for other purposes, the pending question being on the amendment of Mr. DOOLITILE to add at the end of the 2nd section the words, “inspector, but shall be entitled to the same pay, mileage, and allowances as when employed in the military service;” so that the clause will read: Each of said inspectors appointed by the President shall recoiye use my of 3, 00 peranuum, and the officerdetailedtoact asinspector shall servewithout additional pay or allowance as such inspector. but shall be entitled to the same ay, mileage and allow shoesas when employedin the military service. The amendment was agreed to.
Mr. GRIMES. I should like to have the Senfrom Wisconsin explain the amendment which has just been adopted.
Mr. DOOLITTLE. The amendment just adopted is for the purpose of making clear what shall be the compensation of the officer of the regular Army who shall be detailed to act as inspector.
Mr. GRIMES. It only up lies to one case.
Mr. DOOLITTLE. It only applies to the officer who is detailed. As the bil stood originally it read: “And the officer detailed to act as inspeetor shall serve without additional pay or allowance as such, ” leaving it doubtful whether he would be entitled to receive the pay which he has as an officer in the military service when detailed, and therefore in order to avoid any ambiguit the words that have been read have been a ded. I will state to the Senate very briefly the purpose of this bill. It is to provide boards of inspection of Indian affairs in 5 inspection districts. The districts are specified in the 1st section. The 1st district embraces the States of California and Nevada and the territory of Arizona; the 2nd embraces the State of Oregon and the Territories of Washington and Idaho; the 3rd embraces the Territories of Colorado, Utah and NewMexico; the 4th embraces the State of Kansas, the Indian Territo Nebraska, and southern Dakota; and the l5th embraces the State of Minnesota, with that part of the Territory of Dakota which lies north of Nebraska, and the Territory of Montana. There is a provision in the 1st section that the SecyInterior, under the direction of the President, may from time to time change the boundaries of these inspection districts.
Mr. NY If the chairman will permit me a moment, I think we had better put the States of California and Nevada and the Territory of Utah together in one district. NewMex ico and Arizona are easier reached from coloradopthan Utah would be.
Mr. DOOLITTLE. The committee had the map before them, and the whole subject was fully considered. This bill was 1st considered in the jointcommittee of the 2 Houses, and Mr. HIGBY, of California, and the Senfrom Oregon, [Mr.NESMITH] from the western coast, were 2 of the committee. On looking over the map, we thought this was the best division of our territory that could be made. Arizona is put with California and Nevada. Arizona is more approachable from California than it is from the other Territory, and Nevada lying directly east of California, it was supposed that they could h. but with California without inconvenience, an those 3 together should constitute one district. Utah, it is true, if we could leave of? Arizona alto ether, could be better attached to Nevada and alifoinia, perhaps, than to Colorado and NewMexico; but inasmuch as Arizona must be placed in one of these districts the committee thought it was best to make that subdivision. However, the power is given in the 1st section of the bill to the SecyInterior, under the direction of the President, to change these boundaries, if, in fact, it shall be found to be more practicable to have the boundaries embrace other and different Territories.
Mr. NYE. You will find that the Territory of Arizona is much easier reached by the wa of NewMexico and Coloradopthan it is throng California or Nevada. If you go to Arizona 1 through California and Nevada, you have to go through an entirely uninhabited country; and lyinglWest and on both sides of Nevada you will have to pass what is called an impassable desert. The only way for a person to get to Arizona would be to go down the coast, and up the Gulf of California, and up the river Colorado.
Mr. DOOLITTLE. I suppose that is the most approachable way to Arizona to go down the coast, and u the California Calf, and up the river Colora 0.
Mr. NYE. When your agent is in NewMex ico, his access to Arizona is very easy.
Mr. DOOLITTLE. I hope, however, my honorable friend willnot move an amendment because the power is given to the SecyInterior, under the direction of the President, to arrange these boundaries otherwise, if it is thought better to arrange them otherwise. I was going on to say that in the 2nd section there has been an effort to establish these inspection boards, and, if possible, not to have them political in their organization. There is to be one chief inspector, to be nominated by the President, for each district. Then there is to be an officer detailed by the SecyWar from the regular Army, to constitute one of the board, an one Q be nominated by the President from among such persons as may be recommended by the annual meetin s or conventions of the ref ous societies or denominations of the U.S.; but if they fail to make such a recommendation, the Presidentis to appoint him from such persons as he shall deem proper. There was some question in the mind of the committee in relation to this portion of the section.
Mr. FESSENDEN. They do not meet together and how can they recommend anybody?
Mr. DOOLITTLE. 1500 dollars in most cases now; butitis the universalopinion and conviction of the committee, and all who have considered the subject, that the compensation to the Indian agents is not sufficient, and therefore we have made this slight addition to the usual compensation of $1,500.
Mr. GRIMIaS. Does he not reside on the agency farm?
Mr. DOOLITTLE. The Indian agentusually resides upon the agency farm; but let me say to Senators, if we wish to employ a capable and eflicient agent, and send imaway Generally from civilization, to live among the Indians, and upon the reservation, we must pay him something more than what is absolutely necessar to enable him to live; otherwise, we present before these men whom we send oil into the wilderness a temptation too strong for human nature. The committee believe that these boards ofinspection, by going over the whole of these Territories, visiting all the tribes, with power to remove these agents for the time being from office, to look into their books, and the administration of Indian affairs, will have a salutary change in the administration of the Indian affairs of the country. bill] have thus briefly stated the purpose of the I.
Mr. POMEROY. If I understand the bill, it is a proposition inaugurating a permanent system to run on forever. If it provided simply for a temporary inspection, I would not have any objection to it; but it looks to me as if it woullld require the expenditure of $00,000 an nua.
Mr. GRIMES. I do not rise either to advo cate or oppose this bill. At the last Congress I believe the two Houses united in appointing a committee of the 2 bodies to look into the condition of these Indians and if my memory serves me correctly, the distinguished chair man of the ComIndAffrs, as well as the Presiding Officer of this body, members of that committee. I have heard of some part of the investigations and occurrences that happened to that committee, and I have looked with a great deal of impatience during the last 4 months to see their report, but I have not seen it.
Mr. DOOIJTTLE. I will state toimy honorable friend that the testimony which was taken by that committee is now being published. It is ip type and will be before a great while submitted to his examination.
Mr. GRUIES. I was not so anxious to obtain the testimony; but I desired to ascertain what the Senator learned from his interviews with the Indians. I
Mr. RAMSEY. Years since the administration of Indian affairs was in the hands of the War Office, and I am convinced that it is the interest of the Government to return to that system so soon as can be done, and in this I mean no reflection upon the administration on the part of the honorable SecyInterior or the ComrIndnAffr, both honorable and most excellent officers; but the difficulties that all complain of are inherent in the present system. I think that in this bill we should take a step in the right direction toward the better system for the government of Indian affairs. I would, then, sir, suggest to the honorable chairman of the ComIndAffrs, for I do not desire to interfere with his bill, but I would suggest whether these boards consisting of 3 members should not be composed in whole of officers of the Army detailed for this service. By reason of the conclusion of the war a large number of intelligent, honest, and efficient officers can be spared from the service, and they should be used in this. The presence of military men, their prestige, their very uniforms, would inspire confidence among the Indians and assure them that their rights would be protected, while upon the other hand the hig sense of honort at governs our military gives the assurance that the interests of the Government and people will be cared for.
Mr. DOOLITTLE. My honorable friendfrom Minnesota will remember that one of these inspectors is to be an officer of the regular Army detailed for the purpose. The Army is represented in this boar but, sir, the Army in their dealing with the ndians need to be looked after just as much as the agents. Some of these lieutenants and captains in command in the Indian country are excellent, prudent, wise, sagacious young men. Sometimes, however, they are of a different character. They need a board to look after and report upon them; and I think it is desirable to have not only the Army represented in the board ins ecting what the Indian agents may do, but to have some one not connected with the Armyins ecting what the Army Officers do. I wish to have an inspection upon them both, both by Army officers and by civilians, and I desire to embrace ghehgood of both. I think there is good in 0t. Mr. President, the question of transferring this Indian Bureau to the War Dept is not involved in this bill. That is aquestion which has been up for consideration oth in the JtcomeIndAffrs and in our committee of the Senate, and it is a question upon which the committee have not yet reported, nor come to a final determination as to how they will report; but the question whether the bureau shall subsequently be put into the War Dept or retained in the Interior Dept is not at all involved in the bill now pending before the Senate. I hope that the bill may pass in its present shape.
Mr. DOOLITTLE. It is not. intended by the bill to give this board a judical power over the Indian tribes. It authorizes them to sum mon witnesses and to swear them by way of investigating the conduct of Indian affairs.
Mr. URESWELL. I desire to put a question to the chairman of the committee, and as he now has the floor he can answer it probably together with the points that the Senfrom Ohio has made. I see in the socondsection of the bill there is a direction that the 3rd member of the board of ins motion is to be annually appointed by the resident, by and with the advice and consent of the Senate, from among such persons as may be recommended by the annualJ meetings or conventions of the religious societies or denominations of the U.S. as suitable persons tooct upon said boards." Although I have the highest opinion for the recommendations thatthese associations or meetings or conventions would make, I would ask the chairman of the committee whether it is not a limitation updn the appointing power of the President as given in the 2nd ara graph of the 2nd section of the 2ndarticle of the Constitution? It seems to me that if these meetingswere to take the matter in hand by nominating just the number of persons who ould be appointed as the 3rd commissioner on these boards, they might assume the whole appointing power, and the President would be bound to appoint the persons whom they selected. I do notknow what has been the pradtice in regard to the suggestion of names in this way to the President; but: it seems to me that it is a limitation upon the appointing power of the President which is not in accordance with the spirit of the Constitution. I should be glad to hear the gentleman on that point.
Mr. DOOLITTLE. It is analogous to some of the laws which we pass from time to time stating that persons shall be appointed to the Army, for instance, after passing through a certain examination. All such provisions are to a certain extent limitations on the power of the President.
Mr. CRESWELL. I think that is a different question. That is only requiring that the properprecaution should be taken to secure competent persons.
Mr. DOOLITTLE. This is only another way of arriving at the same thing. When you come to the qilestion of absolute power, what the Supreme Court will decide upon the constitutionality of many of these laws I cannot say. From time to time we have said that before a person shall be appointed into the Army he shall undergo a certain examination, and certain gentlemen shall report on his case and find him qualified to some t that office. Whether that would be decide to be constitutional or not, if the question were pressed, I do not undertake to say. It is enough, I think, that the legislative power expresses its opinion on that subject to guide the action of the Executive in making these appointments. That is, it seems to me, a sutheient answer. I will not say that I am perfectly clear in my judgment whether, even with this clause in the bill, the President would be absolutely bound by the recommendation of those persons; but it is a legislative expression that we desire thatthese appointments shall not be political; that we do desire to havereference to these great religious bodies in the country who feel an interest in the condition of the ndians. We can say that in this enactment, and it expresses our view in relation to it. Whether absolutely and positively the President would be constitutionally bound to make a nomination from those thus recommended, I will not now undertake to say. A word now in reply to my honorable friendfrom Ohio, who seems to see in this the beginning of a judicial system. It seems to me there is nothing of that kind in it. It is true it does authorize these persons to examine into Indian affairs; and in order to examine into them, when they go into these Territories, it clothes them with the power of summoning a witness and swearing him. That is all there is of it. That would not be attended with any consider able exiense.
Mr. SHERMAN. They are authorized to compel the attendance of witnesses. How can they do that except they pay for sending out marshals?
Mr. DOOLITTLE. The military are directed to aid in compelling their attendance, for in these for distant regions where they are beyond the reach of civilization and where what authority we have is a good deal under military control, if these agents find a matter to be investigated into they can call on the military to require persons to appear before them, and they have power then to swear them and take their testimony. The witnesses will be in the immediate ncighborhood where they want to examine a transaction, because they go themselves all over these districts for the purpose of making this very examination. that is all the judicial power there is confered in the 4th section, and that is not judicial. It is giving the powers of court commissioners to Indian agents, and these chief inspectors, so that they may bind over a man for trial for an oifeuse against the U.S.; but there is no appropriation involved in that, and no expense connected with it at all. The suggestion made by the honorable Senfrom Ohio in relation to the salary of these inspectors was perhaps a just one. It was the intention of the committee that this $4,000 should cover the mileage and traveling expenses of these officers, and in order to make it perfectl y clear I will move to insert after the words “$4,000 perannum, ” in line 16 of the 2nd section, the words “which is to include all mileage and traveling expenses."
Mr. Trumbull. Why not say “in full for all excases 7”
Mr. D OLITTLE. I have no objection to the form of the words. If those are more satisfactory I will say “in full of all mileage and other expenses.”
Mr. SHERMAN. Why not say “in full for for their services, mileage, and all other expenses?”
Mr. SPRAGUE. I will ask the Senfrom Wisconsin whether the bill does not provide for an increase of pay to the Indian agents, and if so, how much.
Mr. DOOLITTLE. Yes, sir; it. increases their pay $300 perannum to the Indian agents who reside wlth the Indians on the reservations or among the Indians of their a ency, giving them $1, 800 pernnnum. I thin that is but just. It was the unanimous opinion of the committee that that should be done.
Mr. POMEROY. I will inquire of the Senfrom Wisconsin whether there are any Indian agents who do not live on the Indian reservations and with the various Indian tribes of their agency.
Mr. DOOLITTLE. I believe there are some in some Territories, who are agents for some of the wilder tribes ofIndians, who have not got reservations on which to make a home. They live outside.
Mr. POMEROY. I remember that we passed a law requiring all agents to live on the reservations and ] supposed they all did.
Mr. POMEROY. I desire to add to the remarks that I have made on this bill that I believe this 4th section to be a good section. If there was nothing else but that in the bill, I think it ought to pass. This 4th section does provide for Indian agents and Indian superintendents to have some judicial power. he only fault I see in it is that it does not provide for anybody to execute their processes, but it does give them power to hear and determine certain cases.
Mr. NESMITH. They have power to call on the military commander.
Mr. POMEROY. In all the intercourse I have had with the Indians I have seen the necessity for some power of this kind. A difficulty arises among the members of a tribe; the come to the agent with it; the agent says he as no power to hear it; he cannot determine anything. Then when the agent turns him away, the Indian undertakes to attend to it himself, and it becomes his duty according to their law, if he be near akin to the person injured or killed, to go and avenge it with his own hand. He is expected to do so, and their law sustains him in it, requires it of him. This section is desirable; it is a great want; it has always been felt by those who had intercourse with the Indian tribes, that the law was deficient because no one was authorized to hear and determine cases among Indians. I think this section of the bill should certainly commend itself to every one.
The PRESIDING OFFICER, (Mr. Hsx BRICKS in the chair.) the question is on the amendmentproposed by the Senfrom Wisconsin to the 2nd section of the bill. The amendment was agreed to.
Mr. TRUMBULL. I move to amend the bill by inserting in section 3, after the word “applied” in line 8, the word “ purchased, ” so as to make it the duty of the inspectors to ascertain “whether all mone s, goods, and supplies are faithfully and just y applied, purchased, and distributed." It has been suggested to me that there is often as much fraud in the purchase of the articles which are given to the Indians as there is in their distribution, that oftentimes contracts are entered into to make the purchases at particular places and then the profits are divided. 1 do not know as to the truth of these things, but it can do no harm to put in the word “ purchase d” so that it shall be the duty of this card to inquire as well into the purchase of the articles as their distribution. The amendment was agreed to.
Mr. CONNESS. I do not understand the nature of the amendment moved by the Senfrom Illinoisa few moments ago; and there was an amendment adopted just before that; was it not on the motion of the honorable Senfrom Kansas?
The PRESIDING OFFICER. The amendment referred to was proposed by the Senfrom Wisconsin.
Mr. CONNESS. I wish to say a few more words on the subject of this bill, but I suppose they had better O reserved until its friends have amended it as they see fit to do. I suggest now, however, to the honorable chairman of the ComIndAffrs that all his arguments, if they are good, for an increase of the salary of Indian agents to $1, 800, a iply for a comparative increase to those living 1beyond the reion of the Sierra Nevada mountains. That distinction has been heretofore kept up now exists, and is necessary. A salary of $1, 800 perannum there is scarcely sufficient for the subsistence of any man. It will be remembered that when the bill reorganizing Indian affairs in California was passed I called the attention of the Senate to it, and the highestsum they would agree to allow then was $1, 800 perannum, which is there a very in considerable sum. I only make the suggestion to the chairman while he is amending ts bill; I suggest that he may make the salary $2,000.
Mr. GRIMES. Every one of them has a house and farm.
Mr. CONNESS. No, they have not; there is not one in our State that has.
Mr. POMEROY. I suggest to the Senfrom Wisconsin whether the provision in regard to religious denominations making recommendations ought not to be confined tovthosedenominations that support missionaries among the Indians. I do not care what denomination does it, but there are some denominations who support missionaries and take an interest in Indian affairs, and some do not.
Mr. TRUMBULL. Those that do not will not recommend.
Mr. DOOLITTLE. I think we had better leave it eneml, as it stands.
Mr. SpRAGUE. I shouldlike to know how the different denominations are to unite upon a candidate.
Skip Skip The bill was reported to the Senate as amended, and the question was stated to be on concurring in the amendments made as in ComWhole.
Mr. BUCKALEW. I ask fora separate vote on the amendment of the Senfrom minnesota; I think it was understood that should be voted on separately.
Mr. DOOLITTLE. I do not understand that there was a vote taken on the suggestion of the Senfrom Minnesota to change the 1st section of the bill; it wasa mere suggestion not at in the form of an amendment.
The PRESIDING OFFICER. Unless otherwise ordered, the question will be taken separately on concurrin on each amendment made as in ComWhole.
The Secretary read the 1st amendment, which was after the words “perannum ” in the 16th line of the 2nd section to insert the words “in full for services, mileage, and all other expenses.” The amendment was concurred in. The next amendment was to insert at the end of the 2nd section the words “inspector, but shall be entitled to the same pay, mileage, and allowances as when employed in the military service.” The amendment was concurred in. The next amendment was after the word “applied, ” in line 8 of section 3, to insert “purchased.” The amendment was concurred in.
Mr. CONNESS. I move to recommit the bill with instructions, and I call the attention of the Senate to the instructions I propose. The instructions are to have annual inspections in each district. by a inilitar officer to be detailed by the SecyWar, who shall be paid his necessary transportation and subsistence.
Mr. CONNESS. My only object was to get a vote upon the pr position as between an in spection to be made y one officer to be detailed by a Dept of the Government and this board 3. I am loath to interfere with what seems to have been considered with considerable care by the ComIndAffrs, and yet am entirely satisfied, using all the experience and knowledge I have, that this is simply adding a useless and profitless incumbrance to the present management of Indian atfairs and when I come to think of the motion that I have made to give a superin tendency under the direction of the War Dept over business that is properly charge able to the Interior Dept, there is an impropriet in it that of course would induce me to withdraw the proposition. Whenever the head of the Interior Dept, a member of the Cabinet, 0. high of cer of the Government, is not competent to appoint an inspector to make this annual inspection, (if you wish inspections added to your present system) it is time, as the Senfrom Kentucky has observed, that some other citizen should be chosen and put at the head of that Dept. This whole scheme will, in my opinion, be a costly incumbrance. I withdraw my motion to recommit.
Mr. NESMITH. The bill provides in the 3rd section, “and said board shall report an nually, or as often as may by require, to the ComrIndnAffr.” I propose to meet the objection of the Senfrom Kentucky by so amending the bill as to require them to report to the SecyInterior. It never was intended that this board should be placed over the SecyInterior. The object of the organization of the board is to get desirable information and to meet the evi s which have been complained of. I move to amend the bill by striking out in line 20 one of section 3 the words “ ComrIndnAffr” and inserting “SecyInterior, ” so as to require the reports to be made to the Secretary. That, I think. will meet the objection of the Senfrom Kentucky. The amendment was agreed to.
Mr. GRIBIES. One of the great sources of corruption in our intercourse with the Indians is the fact that there is nothing like free trade permitted with them. The tra orof the Indian is always designated by the Indian agent, and I thinkI am safe in saying that in 19 cases out of 20 he is a nrtner with the agent and is interested with imin the sales that he may be able to clIcet, or in the traffic that he may be able to carry on with the Indians. I propose to remedy that by offering to the Senate for its adoptionan amendment in the form of an independent section, to be added to this bill, in these words: Abife: That any Ioyal citisen of the U.S. of good moral character shall be permitted to trade with any Indian tribe: Provided, Io shall executethe bond required bylawmnd complies with the regulations prescribedfor carrying on intercourse With Indian tribes. I happen to know, Mr. President, that this is what is desired by the Indians themselves. In an interview that I had a short time ago with one of my colleagues in the HoRep, who was a member of the JtCommee to investigate the subject of Indian transactions with the chairman of the ComIndAffrs last summer, he told me of a speech that was made to him by one of the most sensible Indians (and if I could only repeat it as he did I think the Senate would say one of the most sensible men) he had ever met. on this very subject. I think I am also justified in saying that I have known not of my own knowledge, butit comes to me in such a way that I have every reason to believe it that within a very short time, within a few months, an Indian trader has paid to an Indian agent the sum of $12,000 for the purpose of being selected as an Indian trader. I propose to do. away with all that and letevery man that chooses trade with the Indians, provided he is a man of cod moral character, and will give bond and will strictly comply with the regulations presented for intercourse with Indians.
Mr. LANE, of Kansas. I have been a member of the ComIndAffrs for 2 years, and have tried.to get at the evil to which the Senfrom Iowa refers. The difficulty we have in reacliin it is that the different Indian tribes are pai but once or twice a year, and the argument is that unless the trader is licensed the Indians cannot be furnished with their goods. The agent gives orders a on the merchant, and the merchant is oblige to fill the orders in advance of the payment. Another objection to the plan proposed by the Senfrom Iowa is that it introduces into the Indian tribes as traders mise hievous persons who will sell to them ardent spirits; and they cannot, as I understand from the agents, so far as my own State is concerned, control the traific in liquor except by and through licensing a particular trader. That is the objection I have met with in my efforts to do away with the evil. There are 2 or 3 Indian tribes living adj oining the town where I reside; our merchants are very anxious to sell to those Indians, but they cannot sell to them for the reason that if they were allowed to do so the result would be to introduce spirituous li uors into the tribes. For a time in Kansas the trade was thrown open in the mode suggested in this amendment, but after experience of that system the present system was adopted. The trader is appointed on the recommendation of the agent by the SecyInterior. I thin i the i ena tor from Iowa will find that if he adopts his system now by law, he willbe compelle at the next session to repeal this law.
Mr. GRIMES. The Senators experience with Indians is more recent than mine, but I apprehend that I have had about as much experience with them as he has had. I know that free trade has been tried and tried successfully. Does it not strike every sensible man as a most extradrdinary thing that in the case the Senator put in Kansas, who" are 2 tribes living adjacent to a town, no body shall be permitted to sell anything to those Indians, or to barter or trade with them, except one particular man, at his own price or ata price regulated by the Indian:1 ent?
Mr. LANE, of Kansas. Tllcy all of their goods from that merchant, they only buy such as they choose. They can take their money and go into the town and purchase of anyone; but it will not do to let the merchants gointo the tribe.
Mr. GRIMES. They can take their money and go into the town and purchase, provided they can get the agent, who is in partnership with the trader, to pay them the money, which he will refuse to do. He will in every instance hold it in his hand until the payment comes, and then he will set it off to the Indian trader 1st, before anything is paid to the Indian. I a pool to the Senators colleague if that is not the history in connection with all these Indian transactions? I know it, and I think the Senfrom Kansas knows it. I have seen it done and I know it is done everywhere. The Only way to remedy this is to allow the Indians to trade with just whomsoever theyplease. The Senator says the objection is that ifyon allow them to trade with these other persons liquor will be introduced. Cannot li nor just as well be introduced new as if you allow half a dozen persons to trade or if you allow anybody to trade?.
Mr. LANE, of Kansas. They do not allow more than one to enter the reserve.
Mr. GRIMES. Just as many persons will go there to trade as find it to their interest to. If 5 or 6 merchants can be supported St; the trade with a tribe of Indians, then 5 or 6 men will engage in that trade, neither more nor less; and if any of them violate the rules and regulations rescribed by Congress or by the head of the Interior Dept to regulate intercourse with the Indian tribes, that moment, under the provision which I have submitted to the Senate, his license to trade is revoked, the penalty of his bond can be enforced against him. Now, do you have any greater advantage in the case of one traderthan you have in the case of 6 traders? Can you enforce it against one any more than you can against anyone of the six? Are you unwilling that these poor Indians shall be crmitted to trade where they can trade the c ca est? I tcll you, Mr. President, that one of the great sources of corruption in connection with this whole subject is your present system of allow in the In ian agent to select the Indian trader.
Mr. CONNESS. I wish to remind the senator from Iowa that in this amendment he does not, as I understand it, repeal the present provision which provides for the appointment of a special trader. That still remains, but he proVides for additional traders. Wh not provide that there shall be no special trader?
Mr. GRIMES. I think this will cover it. The amendment was agreed to.
Mr. CONNESS. On the passage of the bill I call for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yeas 19, nays 16; ABSENT. 15. So the bill was passed. iosii nonine uns.
Mr. CONNESS. I move to proceed to the consideration of Senate bill No. 189, reported a few days since by the honorable chairman of the ComPrivLandClms. It is a bill which will excite no discussion. The motion was agreed to; and the bill (82 O not buy, No. 189) to confirm the grant of certain lands to Jose Domingues, in California, was considered as in ComWhole. Its purpose is to confirm the grant to Jose Domingues of the land known as Los Prietos y Najalaye gun, in the county of Santa Barbara, granted to him at Los Angeles, September 24, 1845, by Governor Pio Pico, and approved by the Deptal assembly of Alta California June 8, 1846. The surveyor general of California is to proceed and survey the lands in accordance with the original title papers on file in his office, and when the survey shall have been approved by the ComrGLO a patent is to be issued to Domingues or the parties holding under him by inheritance or otherwise. This confirmation is only to be construed as a relinquishment on the part of the U.S., and is not to affect the adverse riwht of any person whomsoever. The by 11 was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. IMMIGRATION OF FOREIGN CRIMINALS. On motion of
Mr. SUMNER, the Jtresolution (S.No.45) protesting against pardons by foreign Governments of persons convicted of infamous offenses, on condition of emi ting to the U.S., was considere as in ComWhole. The preamble to the resolution recites, it appears from official correspondence that the authorities of Basleland, a canton in Switzer land, have recently undertaken to pardon a person convicted of murder on the condition that he would emi the to America, meaning thereby the U.S.; and that there is reason to believe that similar pardons of persons convicted of infamous o enses have been granted in other countries. it is therefore proposed to resolve that the Congress of the U.S. protests against such acts as unfriendly and, inconsistent with the comity of nations, and requests the POTUS to caue a copy of this protest to be communicated to the representatives of the U.S. in foreign countries, with instructions to present it to the Governments where they are accredited respectively, and to insist that no such acts shall, under any circumstances, be repeated. The JtResolution was reported to the senate without amendment.
Mr. SUMNER. I think the Senator is a Iittle mistaken in supposing that the resoldtion is quite as weak as he sugvests. Mr. couxnss. Rentf it. L
Mr. SUMNER. Read it, “ he says: The Congressof the U.S. protestsagainst Iheh actsasunfriendly and inconsistentWiththe comity of nations" " r I would rpmark that that is very strong language to use with reference to a foreign nation; it is the strongest language almost that can be employed without gomg to the strongest possible "and hereby requests the POTUS to causea copy of this protest to becommuni cated to the representativesof the U.S. in foreign countries, with instructions to present it to the governmentswhere they are accredited respect ively, and to insist that nosuchacts shall under any circumstances, be repeated." It seems to me that that language is stron enough, and that it is better than if we should O further and point out what we should do in the event of these acts being repeated. I think that had better be left to the future. I trust they never will be repeated, and that there will be no occasion for any further action on the subject. I think that such a protest from Congress will be a properback ound to the Executive in making its protestt oroughl effi cacious. On this so ject, I have conferre with the properDept, and I find that they enter very cordially into this view of the case.
Mr. TRUMBULL. I should like to inquire of the Senfrom Massachusetts whether the executive Dept has taken any action in reference to this subject, or whether it is submitted to Congress to act in the 1st instance. It seems to me that the conduct of our foreign affairs rimarily belongs to the Executive; and if anytiiing of this kind has occurred, I should like to know whether the Executive has made known to those Governments that the practice was obnoxious.
Mr. SUMNER. I am very glad to inform the Senator that the subject was broughtto the notice of the ComForRel by a communication from the SecyState, calling our attention to it, and coyering the correspondence of the U.S. consul at Basic, settin forth the recent incident to which I have already referred. In the course of this correspondence it a pears explicitly that protest has been made y our consul on the spot.
Mr. TRUMBULL. What is the answer to his roteat?
Mr. SUMNER. There is no answer to it. We have here nothing but his letters.
Mr. TRUMBULL. What I wanted to know was whether the State DeptI whether the executive Government of the U.S. had done anything, or whether the Congress of the U.S. was called upon to act here because some consul in some distant country had uponhis own responsibility objected to the action of that Government where he happens to he consul; whether, then, the matter is submitted for us to take the initiatory steps.
Mr. SUMNER. I have already stated to the senate that the executive Dept ha acted on the question, but it deemed the question of so much importance as to lay it before Congress for such action as Congress might choose to take; and the committee having it under consideration thought, as a 1st step, that it would reenforce th action of the executive by this solemn protest against what seemed to be (I was going to use a very strong expression) an outrage. The case, after examination, seemed to be clear, at least to the extent of this proposition. The committee were not at present prepared to go further, but on this reosition they were agreed.
Mr. TRUMBULL. I think the committee have gone far enough; I am not objecting to the action of the committeee that it has not gone far enough; but what strikes me as remarkable is that there is submitted to the congress of the U.S. a difficulty with a foreign nation before the Executive has exhausted his powers.
Mr. TRUMBULL. Wait a moment. When a case of difficulty is about to arise between this country and some other, the executive Dept of our Government manages that affair until it is unable to obtain redress, and its communication to Genress is after all its powers are exhausted, an, recommending periaps a declaration of war. I do not know whether thise ommunication was made to Congress with a view that the ComForRel should report a declaration of war upon this representation of a consul. I think it is very objectionable that persons guilty of infamous crimes in foreign countries should be pardoned on condition of their coming to the U.S.; but it would seem to me that the properDept of this Government to object to it is the executive Dept, and that it is not a matter for legislation here until the Executive has exhausted his powers and the matter has assumed that serious phase when it is necessar for the nation to take it up in Congress and uness it is stopped make the last resort an appeal to arms. Really I should, from what appears here, imagine that all that it would be necessary to do would be for the State Dept to inform the Government of Switzerland that this thing must noti be repeated; but it does not seem that any communication has ever been made by the State Dept, but some consul has complained of what the Senator denominates an outrage, and thereupon the matter is referred to congress for our action.
Mr. SUMNER. I have no reason to believe that the State Dept has not acted; but the State Dept did think that under the peculiar circumstances it ought to communi cate these facts to Congress, and I think that the State Dept was not wrong. I called these incidents outrages. Perhaps the very facts that we now discuss them, and if we should pasa this resolution, that the resolution will go before the world, will do more to prevent u repetition of the outrages than any ispatclies that might go from the Dept of State) I wish to speak with all possible respect of those disatchea, but I believe the publicity that will e given new to this act by this proposition in Congress will of itself be more eflica cious to prevent its repetition perhaps than any thin that could be done by any other branch of t. e Government. At any rate, Congress simply cooperates with the Executive on this occasion; it does not act adverse to it, but simply in harmony with it, and I believe in harmon with public sentiment. I think that the public sentiment of this country must feel wronged when it hears that foreign Powers have undertaken to do such thin s, to treat our country as a Botany Bay. Iesolemnly insist that that shall not be done.
Mr. CONNESS. What seems strange to me in this matter is the allotment of business. For instance, upon the subject of Mexican affairs the executive Dept, Iunderstand, claims the exclusive control and jurisdiction. Upon the subject of the importation of criminals, it gives the jurisdiction to Congress of expressing opinions. I do not understand this allotment of business; and if the honorable chairman can reconcile it, he can do more than I am able to do.
Mr. SUMNER. As to the allotment of bus iness, so far as I am concerned, representing my committee, I am willing to resign what is not strictly appropriate to it to any other committee.
Mr. CENNESS. The Senator does n understand me. I say I do not understand the allotment of business, not referring to the committee. Upon the subject of Mexican affairs, I understand it to have been claimed by the executive Dept that they have exclusive rimary jurisdiction. Upon the subject of the importation of criminals, they extend that jurisdiction to Congress. This allotment of bus iness I do not know where it originated defy not appear to me to be just exactly right.
Mr. CHANDLER. If the Senfrom Massachusetts would put into his resolution anything that was effective, I should not object to it; as, for instance, if he would declarethat a repetition of these acts would be a just cans of war, or that we would retaliate, or something more than a simple protest by Congre Sir, if the SecyState has entered his protest, I should think that was enough? if he has not done that, he has not done his dut. But for Congress to say that we, the law maing power, the war power, enter our protest against foreign countries sending their mur derers here, is beneath the dignity of this body. That will do fofr the SecyState; it will do or one of the servants of this Government; but it is beneath the dignity of this body to pas such a resolution. I move to lay it on the table. The motion was not agreed to. The JtResolution was ordered to be en, grosse for a 3rd reading, and was read the 3rd time.,
Mr. CHANDLER. I ask for the yeas&nays on the passage of the resolution.
Mr. GRIMES. I should like to inquire of 2 some of the Senatorslvho seem to by opposed to the passage ol this measure what ob{ection they have to it. I have not heard tis said to be beneath the dignity of this be y to protest against what we all know has been going on for a great many years the exportation to this country of criminals abroad. This is onlya solitary instance that has been brought to our attention, and whether the SecyState has been doing his duty or not inprotesting against it has nothing to do with what our duty is when our attention is once brought to the subject. I know Mr. Wolff, the consul at Basic; he is a most estimable gentleman and a constituent of mine, and he knows Generally whereof he speaks. I am as conse ious as I can be of a fact that is not within my own personal knowledge that the exportaflon of criminals from Germany to this country has been going on for years. Last year I saw a gentleman, a citizen of my town, who visited is fa the rland, and when he came back told me that he came in company with a detective, who brought several criminals to NewYork and turned them loose there. The Government of one of the little German principalities aid all the expenses of the transportation oft ose criminals and of the detective who brourrht them over in charge, and when they laned here gave them a certain sum of money with which to start, and probabl within a short time they were in Sing Sing. Iythink this subjcc being brought here by the SecyState, no matter whether it is brought here properly or not, there is no way but for us to enter our protest against this kind of importation going on any longer .
Mr. TRUMBULL. The Senfrom Iowa has not heard any objection to this measure. Everybody agrees that we do not wish that class of persons to come to this country, but the ob, ise tion w the thing ism ere, eojection to it is that it belongs to another depalmient oi the (rovernment, and I cannot for the life of me account for its 0u the t t being. [Laughter.] t was not before thg NewYork speech was made, I think. It is probably in consequence of that; and on the whole, it bein intended doubtless to show the deference of the State Dept to the Congress of the U.S and to take its advice in reference to this case, I do not know that there is any objection.
Mr. NYE. Allow me simply to remind you that this is a day of speedy conversions, [laughter] and I insist upon it we ought to take no exception here.
Mr. GRIMES. It maybe all true that It]!!! come here improperly; the SecyState may have actedunwisely; but shall we hold out 1 o, ”ion is very to the nations of Europe the idea thatwhen this i eat to it thatwe kick it out and will notdeclare i in favor of the passage of this protesting resolution? I am not prepared to do that.
Mr. CHANDLER. I erceive new light, sir. The Senfrom I line is has given an idea that is entirely new to me; and that is, that. the SecyState now desires to show his deference to Congress, not only in great alters, but even matters infinitesimally small.;I therefore withdraw my call for the yeas and navs.
Mr. HOWE. The demand for the yeas&nays being withdrawn, I am inclined to think the resolution will pass; but I am not disposed to allow it to pass without entering a protest of my own; and that is against the treatment that this proposition has received. I do not think that it ought to be regarded as a matter infin itesimally small. I do not know myself whether the matter pointed out by the ComForRel is the best or the only one that could be adopted. It is the only one we have before us; and I am willing to adopt that for the present. As to the evil itself. I have a we lively sense of its magnitude. Upon princip e, I cannot distinguish between it and an act of piracy. I do not care whether a foreign Government fits out a privntcer to prey upon our commerce, or commissions her felons to rey upon our society; it is an act utterly inde ensible. I presume the protest will have its effect, and that this conduct will not berepeated; but if it is repeated, I desire to adopt the sentiment of the Senfrom Massachusetts, [Mr. Winsov, and say that ifany Government short of the divine shall rsist in fitting out its felons whom It cannot to erate in its own society. an send them abroad to other and foreign socie ties, it is an act which justifies war; and if such men archnbitually sent to America, all America, comprising both its continents, ought to I am glad that it, is make it an occasion for war; and if they are sent to the U.S. alone, the U.S. ought to present it alone against the world, and I believe will do it. The JtResolution was passed.
###HOUSE OF REPRESENTATIVES. Morton, March 19, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. Borxrou. The Journal of Saturday last was read and approved. The SPEAKER proceeded, as the regular order of business, to call the States and Toni tories for bills and JtResolutions to be referred to the appropriate committees without debate and not to be brought back by motions to reconsider, resuming the call with the State of Ohio. PENSION BILL.
Mr. BUNDY introduced a bill to amend the act entitled “An act to grant pensions, ” approved July 14, 1862; which was read a 1st and 2nd time and referred to the ComInvalidPens. CLAIMS FOE ARMY SUPPLIES.
Mr. RANDALL, of Kentucky, introduced a bill further to provide for the payment of certain claims for quartermasters stores, subsistence supplies, tice., furnished to the Army of the U.S.; which was read a 1st and 2nd time, and referred to the ComClaims. CONSTITUTIONAL AMENDMENT.
Mr. BAKER introduced a JtResolution proposing an amendment to the Constitution of the U.S.; which was read a 1st and econd time, referred to the ComJudiciary, and ordered to be printed. LOYAL SETTLERS 0.V THE PUBLIC DOMAIN.
Mr. VANHORN, of Missouri, introduceda bill for the relief of loyal settlers on the public domain, and for other purposes; which was read a 1st and 2nd time, and referred to the ComPubLands. PACIFIC RAILROAD.
Mr. KASSON introduced a bill to amend an act to aid in the construction of a railroad and telegraph line from the Missouririver to the Pacific ocean, and to secure to the Government the use of the same for ostal, military, and other purposes, approved July 1, 1862; which was ren a 1st and 2nd time, and referred to the ComPacRailroad. NANCY J. KELLY.
Mr. KASSON also introduced a bill granting a pension to Nancy J. Kelly, widow of Dr. Alfred Kelly; which was read a 1st and 2nd time, and referred to the ComInvalidPens. BECLAMATION OF CALIFORNIA LANDS.
Mr. BIDWELL introduced a bill for an act to enable the State of California to reclaim the dry and sterile lands within the limits of said State; which was read a 1st and 2nd time, referred to the ComPubLands, and ordered to be printed. INDIAN AFFAIRS IN UTAH. f Mr. WINDOM introduced a JtResolution puthorizing 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; which was read a 1st and 2nd time and referred to the ComIndAffrs. GUARDIAN socrsrv.
Mr. LATHAM introduced a bill to amend an not entitled “An act to incorporate the Guardian Society, and provide for the reforming of juvenile ollenders in the DistCol, ” and also an act entitled " An act granting certain privileges to the Guardian So ciet of the DistCol ” which was no a 1st aid 2nd time, and referred to the Committ e for the DistCol. SURVEY OF ROCK RIVER.
Mr. FARNSWORTH introduced a JtResolution for the survey of Rock river, with reference to water communication between the Mississippi river and the great lakes. It appropriutes $20,000, to be expended under the direction of the SecyWar, in making an examination and survey of Rock river, in the States of Illinois and Wisconsin, in reference to making the same navigable and such further survey as will test the feasibility of connecting by canal the waters of said river with those of the great lakes. The JtResolution was read a 1st and 2nd time, and referred to the ComCommerce. U.S. CURRENCY.
Mr. HOOPER, of Massachusetts, introduced a bill to amend an act to provide Ways&Means to support the Government. The bill provides that the act entitled “An act to provide Ways&Means to support the Government, ” 11 proved March 3, 1665, shall be extended an construed to empower the SecyTreasury to sell any description of bonds authorized by said act at such rates not less than par as he may think advisasblefor lawful money of the U.S., or to receive in payment any Treasury notes, com, pound interest notes, certificates of indebtedness or of deposit, with the interest accruing thereon, which have been or which may be issued under any act of Congress. The bill further provides that it shall be the duty of the SecyTreasury to retire and cancel an amount of Treasury notes, certificates, or other obligations hearing equal in amount to the bonds disposedine tfe, r aens: the public debt shall not be hereafter increased by authority of this or any previous act of congress, and thatfrom and after the 1st day of July next the interest on certificates of deposit for temporary loans shall not exceed the annual rate of 5%.
Mr. MORRILL. I desire to know how that bill gets in.
The SPEAKER. Under the regular call of the States for bills and JtResolutions to be referred to the appropriate committees and not to be brought back by motions to reconsider.
Mr. HOOPER, of Massachusetts. I wish to say, if the House will allow me, that if the bill of last week is lost, I wish to have this bill, which I think, judging from the discussion carries out the wishes of a large majority of the House, referred to the Committee of Wa s and Means. I have endeavored to make the bill conform to what I believe to be the expressed ish of the House. The bill was read a 1st and 2nd time, ferred to the ComWays&Means, nd ordered to be printed. SETTLEMENT OF ACCOUNTS OF OFFICERS.
Mr. ELIOT introduced a hill to provide for the settlement of accounts of certain public officerswhich was read a 1st and 2ndtime, and referred to the ComJudiciary. U.S. CURRENCY.
Mr. KELLEY introduced a bill relating to the currency of the U.S., which he asked to have read at length. The bill was read. The 1st section authorizes and directs the SecyTrensu to pay and fully liquidate the principal an interest of all the compound interest notes of he U.S. when the same may become ue, and to issue legal tender notes, bearing no interest, for the purpose of paying and li ui dating such compound interest notes, provied that the amount of legal tender notes to be so issued shall not exceed the amount of compound interest notes paid and liquidated. The 2nd section provides that from and after the passage of this act it shall not be law ful for the SecyTreasury to increase the amount of legal tender currency or national bank currency of the U.S., except as provided in the 1st section of this act; or to minish the amount to less than $900,000,000. Section 3 provides that from and after the passage of this actit shall not be lawfulfor the SecyTreasury to sell or dispose of any gold coin or gold certificates of the U.S. at a less price than 130 cents in the currency of the U.S. for one dollar in coin or gold certificates of the U.S. until the 1st day of July next; and after that time it shall not be lawful for him to diminish the price of gold more than 1%. in any month below the price of the preceding month. Section 4 provides that all acts and parts of nicks inconsistent with this act shall be rea e. The bill was read a 1st and 2nd time, and referred to the ComWays&Means. ELIGIBILITY TO OIFICE.
Mr. CULLOM introduced a JtResolution proposing an amendment to the Constitution of the U.S., which he asked to have read. The JtResolution was read. It proposes the adoption of the following amendment: No person. except a citizen of the U.S. who has at all times borne true allegiance thereto shall ever hold officeunder the U.S.: and Congress shall pass the necessarylaws to prevent a Violation of this article. The JtResolution was read a 1st and 2nd time, and referred to the ComJudiciary. RECONSTRUCTION.
Mr. McCLURG introduced a JtResolution to provide for the representation in Congress of the States lately in rebellion, and for the resumption of the practical relations of the said States to the U.S.; which was read a 1st and 2nd time, and referred to the JtComReconstruction. 15th and 16th MISSOURICAVALRY.
Mr. KELSO introduced a bill to extend the provisions of an act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property to the 15th and 16th regiments of Missourivolunteer cavalry; which was read a 1st and 2nd time, and referred to the ComMilAffrs fihirs. CALL OF STATES and TERRITORIES.
The SPEAKER. The call of States and Territories for the introduction of bills and JtResolutions on leave to he referred to theirs propriate committees, having been conclude, the next business in order is the call of the States and Territories for resolutions, the call to be made in an inverted order, commencing with the State of Ohio, where the call last rested. On last Monday, at the expiration of the morning hour, a resolution was pendi g, offered by the Gentfrom Ohio, [Mr. Sensx ex] in regard to printing extra copies of the evience taken by the ComReconstruction. Afterward, on the evening of the some day, a similar resolution was passed under asuspension of the rules. If there is no objection the pending resolution will be laid on the table. No objection was made. EXPLORATION FROM UTAH TO SanFranCISE O.
Mr. GARFIELD submitted the followin resolution; which was read, considered, an agreed to: Resolved.That the ComPrinting be directed to inquire into the expediency of publishing git: report of explorations across the Great Basin of tab toSanFrancise o, in 1859b, yCaptain J. [1.Simp son. of the corps of Engineers. BOUNTY, BACK PAY, and PENSIONS.
Mr. BUNDY submitted the followmg resolution; which was read.coiiSidered, and agreed to: Resolved.That the ComPensionsbe required to report on the expediency and justice of providing by law that when any Officer or soldier serving faithfully in the Army or Navyof the U.S. duriii the late rebellion, shall have disap pouredin sue i manneras towarrantthokpresumption that he was murdered by the rebels an so disposed of us that his fate is not known to any otheer of the Army or the Government or to the friends of such officerorsoldicrwho havemadediligent searchthere for and whosefate shall remain unknown to all such for the periodof 2 yearsafterhostilities in the field shall have ceased. such officer or soldier shall be deemedand held as having died in the service: and the widowand children of such deceasedofficeror soldier shall be entitled to receive the bounty and back pay due him. together with the pension provided for in the act of July14. 1862.upon application and proof asrequired in said act relating to pensions and the amendmentsthereto. J. M. BROOME and OTHERS.
Mr. BUNDY also submitted the followin resolution; which was read, considered, an agreed to: Resolved. That the ComClaims be instructed to inquire into the expediencyof providing bfspecial act for the payment of John l. Brooms and others. membersof the regimental band of the 12th Kentucky infantry. from January 3. 1862.to September10, 186.la.nd report by bill or otherwise. GUARANTEE OP MEXICAN BONDS.
Mr. DAWSON submitted the following resolutions, on which he demanded the previous question: Remlued.That the U.S. cannot guaranty the bondsof the Mexican or any other Government without impairing her own credit and imposing now burdens upon her people. livwlvn. That the sacred faith of the American people is pledgedto the payment of our public debt and that it is unWise to complicate our financial affairs by the assumptionof the obligations of others. 0071:3224.That the true policy of the U U.S. is. in the lamzuaireof r Jefferson. “pence, commerce and honest friendship with all nations; entangling alliances with none."
Mr. BROOKS. I rise to ask for a division of the question upon these resolutions. I have ifo objection to the 2nd resolution. Upon the 1st I should like to be as silent as possible under existin circumstances.
The SPEAKER. Adivision beingdemanded, the resolutions will be voted upon separately. The Gentfrom Pennsylvania [lifDAWsox] demands the previous question upon the series.
Mr. WASHBURNE, of Illinois. I think that these resolutions ought to be discussed thoroughly before the are acted upon.
Skip Skip On 2nding the emand for the previous question, there were ayes 21, noes 73. Mr. DAWSON. I call for tellers. Tellers were ordered; and Mr. Dawson, and Mr. ASHLEY of Ohio, were appointed. The House divided; and the tellers reported. ayes28. noes 66. So the call for the previous question was not 2nded. Mr. ASHLEY, of Ohio. I move that the resolutions be referred to the ComForAffrs.
Mr. wASHBURNE, of Illinois. I rise to debate the resolutions.
The SPEAKER. The Gentfrom Illinois rises to debate the resolutions, and they go over under the rule. AGRICULTURAL REPORTS OF 1864.
Mr. MILLER submitted the following resolution: Whereas it is allegedthat 25,000less copiesof the agricultural Reports of 1864have been printed than thoseof previous years; and whereas the type hasnot yet beendistributed: Therefore. Buolved. That the ComPrintg be and are hereb. authorized and required to inquire into the expo ioncy of ordering 25,000 copiesof the Agricultural Reportsof 1864 and report accordingly.
Mr. wASHBURNE, of Illinois. I rise to dbuss that resolution. I wish to exhibit some facts in reference to this matter of printing.
The SPEAKER. The Gentfrom Illinois rises to debate the resolution, and it goes over under the rulev QUARTERMGEN.
Mr. BROOMALL submitted the followin resolution; which was read, considered, an agreed to: Iiemlcerl.That the ComMilAffrs be instructedto inquire into the expediencyof proViding by legislation that the 10thsection of the act of, Congressof March 3. 1865.entitled “An act to amend the several acts heretoforepassed to provide for the enrolling and callin out the national forces and for other purpose s." shall not be construed to apply to the uartermuster General of the U.S and to report by bill or otherwise. ADJOURNMENT OF CONGRESS.
Skip Skip Mr. ANCONA submitted the following resolution, on which he demanded the previous question: Resolved.(the Senate concurring.) That the President of the Senate and the Speaker of the HoRepadjourn their respective Housesfor the presentsessionon Thursday. the day of May. at 12 oclock m. On 2nding the demand for the previous question, there were ayes 55, noes 29; no quorum votin". The SPEAkER, under the rules, ordered tellers; and appointed Messrs. Ancoxs and FARNSWORTH. The House divided; and the tellers reportedayes 82, noes not counted. So the previous question was 2nded. The main question was ordered. On agreeing to the resolution, Mr. MORRILL called for the yeas&nays. The eas&nays were ordered. Mr. WASHBURNE, of Illinois. Would it be in order to move to fill the blank in the resolution so as to read, “the last Thursday in a The SPEAKER. It would not be except by unanimous consent. Mr. JENCKES. I object. The question was taken; and it was decided in the affirmativebycas 80, pays 63, not voting 40; So the resolution was adopted. During the vote, Mr. B AMAN stated thathis colleague. Mr. Dames, was detained from the House by illness. The vote was then announced as a ove recorded., Mr. ANCONA mtRtv the resolution was passed; upon the table. Agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Foassv, their Secretary, notifying the House that that body had passed House bill No. 86, making additional appropriations, and to supply deficiencies in the appropriations for sundry civil exeiises of the Government for the fiscal year enliing the 30th of June, 1866, and for other purposes, with sundry amendments, in which he was directed to ask the concurrence of the House. ENROLLED BILL SIG NED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found trnl enrolled a bill of the following title; when the Speaker signed the same: An act (H.R.No. 217) for the relief of Robert Henue.
Skip Skip LEAVE of ABSENCE. On motion of Mr. GARFIELD, leave of absence was granted to Mr. scanner for one week. EQUALIZATION or BOUNTIES.
Mr. COFFROTH, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Rewind. That the ComMilAffrs be, and is hereby.instructed to repoitat an carlyday a bill to equalize the haunting!of all the soldiers and sailors who were must medinto the service of the U.S. LOYAL REPRESENTATIVES.
Mr. RANDALL, of Pennsylvania. leave to submit the following resolution: Resolved, In the opinion of this House, Representatives from the late rebellious States who can take the required oath under the existing law. are enti tied to seatsand should be admitted as membersof this House.
The SPEAKER. The resolution under the rules goes to the ComReconstruction.
Mr. RANDALL, of Pennsylvania. I move to suspend the rules.
The SPEAKER. That cannot be done until Ofier the morning hour.
Mr. RANDALL, of Pennsylvania. I with draw the resolution. QUARTERAIASTER GENERALS DEPT.
Mr. McCULLOUGH. I offer the following resolution: Runlvml, That the SecyWar hedirected to furnish this Housewith a listoftho officers, voluntcer and regular.employedin the Quarterinaster Generals Deptin this city: also their rank, the particular duties performed by them, and the number of clerks serving in each bureau under them. Also. by what tenure the SecyWar holds the "Corcoran Art Building, " what amount of rent is paid for it pernnnuni, and ifa loseexpensive and equally comniodious and suitable building for the headquarters of the quarterMGen cannot be procured, and thereby a large saving to the country be made.
The SPEAKER. Thatbeinga call for executive information, requires unanimous consent.
Mr. ASHLEY, of Ohio. I object. The resolution then wentoverunder the rules. DICTIONARY of CONGRESS.
Mr. COFF ROTH. I ask leave to submit the following resolution: Resolved. That there be printed for the use of the members of this House a sufficientnumber of copies of the Dictionary of Congress as revised and brought down to date, to make the quota of the House c an] to that heretofore ordered by the Senate: and illiat the Clerk shall pay to tl:iecompiler the samerate of copyright which has hitherto beenallowed by the 2 Houses of Congress.
Mr. WASHBURNE, of Illinois. cosssnnnsrn user.
Mr. ROGERS submitted the following resolutions, and demanded the previous question: Renplned, That the Federal Government has no constitutional right to assumeor pay the debt of the so ealled confederate government of the insurgent States or the rebel debt of any of said States and that it would bean outrageeven to attemptto do so. line leetl, That the honor of the Federal Government; and every principle of xiustice.demand that the inhge: deral did bt should be paid to the utmost far that repudiation should be discountenancod, and the plighted faith of the country sacredlypro erve. Remlned, That cqua1 taxation is just and right. ahnisdetqhuaatl eshvaerreyopfertshoen Federal aenodun State should bear that there should beno privileged taxes and class.
Skip Skip The House divided; and there were ayes I ask A I object. 27, uoes 13; no quorum voting. The SPEAKER ordered tellers; and appointed Messrs. Rooms and GRINNELL. The House again divided; and the tellers reported ayes 48, noes 50. So the previous question was not 2nded. Mr. WILSON, of Iowa. Has the morning hour expired? The SPEAKER. It has. The resolution then went over until next Monday LOAN BILL. The House next proceeded to the consideration of Mr. Bunnys motion to lay upon the table Mr. GanFiELns mtRtv the loan bill was rejected. Mr. BEAMAN demanded the yeas&nays. The yeas&nays were ordered. The question was taken; and it was decided in the negative yeas 70, nays 78, not voting 35; So the House refused to lay the motion to reconsider upon the table. During the roll call, Mr. DEMIN G stated that he had paired with Mr. HARRIS. The result having been announced as above recorded, The question recurred on the motion of Mr. GARFIELD to reconsider the vote by which the bill was rejected.
Mr. GARFIELD. I believe, by the usage of the House, I am entitled to the usual time. I have promised to give a part of it to some gentlemen who desire to express their views on the subject.
Mr. HARDING, of Illinois. Is the gentleman entitled to the floor by right, or by courtesy?
The SPEAKER. The gentleman is entitled by right; the previousquestion has exhausted itself on the rejection of the bill.
Mr. GARFIELD. I will give 30 minutes of my time to the Gentfrom Pennsylvania, [Mr. BROOMALL] after which I shall claim the floor again.
Mr. GARFIELD. I yield ten minutes to the Gentfrom Massachusetts, [Mr. BOUTWELL.]
Mr. STEVENS. From what data does the gentleman undertake to say that there is $300,000,000 in gold now in this country ready for circulation?
Mr. GARFIELD. I base my estimate on the opinion of those who have given the subject careful attention, and also from the condition of our foreign exchanges. The gentleman is aware that exchange for old with all nations is now in our favor, and that cannot be unless we have a very considerable quantity of gold in the country.
Mr. GARFIELD. There are $65,000,000 in the Treasury now. besides what is deposited in banks and in private coffers. Beside this, it must be remembered that gold is now the currency of the Pacific States. But the fact that foreign exchange is in our favor is an indu bitable proof that we have a large supply of a core.
Mr. KELLEY. Will the gentleman permit a single brief question? Is not the in owing volume of gold a return for bonds rather than for produce of any kind, raw or manufactured?
Mr. GARFIELD. That does not alter the fact. By whatever means it comes, we have the gold, and the supply is increasing and will increase so long as we pursue the policy of resumtion. An now, once for all, I desire to say before leaving this subject, that neither the SecyTreasury, nor the ComWays&Means intend or desire that there shall be a rapid contraction of the currency; there is no purpose of that kind. Already in anticipation I have seen no record of l of the measure now under discussion, gold is falling even more rapidly than is desirable. I am sorry to see it move downward so fast as it does and the SecyTreasury, if he could, would make its decline more gradual. Mr. Speaker, the question is, will you give the SecyTreasury the power to in itiate the policy of contraction of the currency, as the House indicated so decisively on the 18th of December last? What other policy has been suggested? A policy has been suggested by the Gentfrom Pennsylvania [Mr. KELLEY] m a bill he introduced this morning. That bill authorizes the SecyTreasury to take up short bonds as they mature and issue green backs in payment. If it should be adopted $1,000,000,000 of greenbacks would be issue in the next 18 months. I have n on my desk a pamphlet written by a citizen of Pennsylvania signing himself “ Patriot, ” who recommends the immediate issue of $1,000,000,000 of greenbacks, and believes it would put the country in a healthy condition for business! This enthusiastic amphleteerrises to the sublime, if not to the lilasphemous, and declares as the sum of his financial wisdom that next to the immortal God, papermoney is the greatest and most beneficent power on this earth. This “Patriot” will be delighted with the bill of his distinguished Representative
Mr. GARFIELD. I cannot be interrupted at present. This very morning the gentlemans proposition was introduced to show us a better way to meet our difficulties, by flooding the country with a new deluge of aper money, and thus plunge business and industry deeper and deeper into uncertainty and dishonesty.
Mr. GARFIELD. I decline to yield. Mr. Speaker, there is no leading financier, noleading statesman now living, or one who haslived within the last half century, in whose opinion the gentleman can find any support. They all declare, as the SecyTreasury declares, that the only honest basis ofvalue is a currency redeemable in specie at the will of the holder. I am an advocate of papermoney, but that papermoney must represent what it professes on its face. I do not. wish to hold in my hands the printed lies of the Government; I want its promise to pay, signed by the high officers of the Government, sacredlykept int c exact meaning of the words of the promise. Let us not continue this conjurers art by which 60 cents shall discharge a debt of 100 cents. I do not want industr every where to be thus crippled and wouned and its wounds plastered over with legally authorized lies. A bill was introduced into the House expressing the wishes of the SecyTreasury. The ComWays&Means reduced its proportions, struck out several provisions that they believed could safely be spared. They struck out the foreign loan clause and restricted the power conferred by it till the Secretary declares that with an less power he will be unableto fund our indebtedness and manage our finances.
Mr. WILSON, of Iowa. Will the gentleman allow me to ask him a question?
Mr. GARFIELD. I will yield for a question.
Mr. WILSON, of Iowa. I understand the Gentfrom Ohio
Mr. GARFIELD] to say that the ComWays&Means have taken out of the bill the foreign loan clause. I do not so understand it; I think that clause is still in the bill.
Mr. GARFIELD. Mr. Speaker, by an express vote of the House, on motion of the chairman of the ComWays&Means
Mr. WILSON, of Iowa. That was only a proviso in relation to the time, mode, and place of payment.
Mr. GARFIELD. The power to negotiate a loan to be paid abroad and paid in foreign coin or foreign currency was stricken out; and the bill now stands just as all our bills on this subject have stood for the last 2 years. I propose, sir, to let the House take the responsibility of adopting or rejecting this measure. On the one side it is proposed to return to solid and honest values; on the other, to float in the boundless and shoreless sea of paper money, with all its dishonesty and broken pled es. We leave it to the House to decide which alternative it will choose. Choose the one, and you float away into an unknown sea of aper money that shall know no decrease until you take just such a measure as is now “proposedto bring us back again to solid values. elay the measure and it will cost the country l. ear. Adopt it now, and with a little depression in business and a little stringency in the l mone market, the worst will be over and we I shall have reached the solid earth. Sooner or later such a measure must be adopted. Go on as you are now going on, and a financial crisis worse than that of 1833?will bring us to the bottom. I for one am unwilling that my name shall be linked to the fate of a papercurrency. I believe that any party which commits itself to papermoney will go down amid the general isaster, covered with the curses of a ruined people.
Mr. Speaker, I remember that on the monument of Queen Elizabeth, where her glories were recited and her honors summed up, among the last and the highest, recorded as the climax of her honors, was this that she had had restored the money of her kingdom to its just value and when this House shall have done its work, when it shall havebroughtback values to their properstandard, it will deserve a mou ument. Mr. Speaker, I call the previous question.
Mr. CONKLING. I would like to ask my colleague on the committee a question.
Mr. CONKLING. I wish to ask of my colleague, who has charge now atleast. of the motion to reconsider, whether, if that prevails, he will allow a motion to be made to recommit this bill to the ComWays&Means, or whether he will demand the previons question and insist upon a vote on the bill as it now stands.
Mr. GARFIELD. The ComWays&Means have taken action on this bill, have reported it, have expressed their opinions upon it, and I do not see that that committee can do anything that would so advance the interests of the country asto pass this bill. I therefore de sire that the sense of the House shall be taken, that the billshall meet its fate, and I decline to entertain the gentlemans proposition.
Mr. CONKLI G. Then I desire to make an inquiry of the Chair. If the vote on the passage of the bill be reconsidered and the demand for the previous question he not sustained, will a motion to recommit be in order?
The SPEAKER. If the motion to reconsider should prevail, the question will recur on the passage of the bill. t then the previous question should he demanded and sustainc, the House will have to vote on the passage of the bill. If the previous question should not be sustained. a motion to recommit could be made.
Mr. CONKLING. Then, if the previous question should not be sustained, Iwill, if able to get the floor, move that the bill be recommitted.
Mr. STEVENS. I desire to ask the Gentfrom Ohio [Mr. GARFIELD] one question. If the vote on the passage of the bill be reconsidered, will the gentleman allow a motion to be made to recommit the bill with instructions to the committee to adopt the hill introduced this mornipig by the Gentfrom Massachusetts, [Mr. Hoorsa] so as to test the sense of the House upon that bill?
Mr. GARFIELD. I have examined that bill, and it contains one clause which I believe (and I think that most of the members of the committee concur with me in the Opinion) will render it almost valueless, because it ties the hands of the SecyTreasury. I cannot allow the motion to be made.
Mr. KELLEY. I desire to ask the gentleman whether I understood him correctly when I understood him to say that I had introduced a bill for redeeming the bonds of the country in greenbacks.
Mr. GARFIELD. As I understood the bill offered by the Gentfrom Pennsylvania, that was the purport of it. I went to his seat to get a cop of it and failed. I was told by several gent emen that such was the character of the bill.
Mr. KELLEY. I have only to say I llRV never introduced such a bill.
The SPEAKER stated that the pr?"loua question would exhaust itself on the motlon to reconsider.,
Skip Skip The previous question was 2nded, and the main question ordered. Mr. GARFIELD demanded the yeas and an s. The yeas&nays were ordered. The question was taken; and it was decided in the a rmative yeas 81, nays 67, not voting 35; So the mtR agreed to. During the vote, Mr. PHELPS stated he was paired with Mr. FThonas, who would vote against, while he would vote for the motion. Mr. DEMIbiG stated he was paired with in. Haunts. Mr. LAFLIN stated that he was requested by Mr. CLARKE, of Kansas, to as, if he were well enough to be present, he would vote against the ending motion. The vote was then announced as above recorded. The question then recurred on the passage of the bill. Mr. GARFIELD demanded the previous question. Mr. CONKLING. I appeal to the gentleman to let me make a motion to recommit. Criesof“Nol” “Nol”1 ThenIshalldemand the yeas&nays on ordering the main question. The House divided on 2nding the call for the previous question; and there were ayes 53, noes 69. Mr. GARFIELD demanded tellers. Tellers were ordered; and Messrs. GARFIELD and Coxxuso were appointed. The House was again divided; and the tellers reported ayes 64, noes 80. So the previous question was not 2nded. The question recurred on the passage of the bill.
Mr. ENTWORTH. I desire to state to the gentleman that I was not here at that time.
Mr. RANDALL, of Pennsylvania. ill the gentleman allow me to ask him a question?
Mr. RANDALL, of p nsylvania. I would ask the gentleman wh e voted with with which side of the House when he voted against making pay or money leigal tender.
Mr. (, Ol KLING. hich side of the House?
Mr. CONKLING. If the gentleman had been here, he would know that there was no “which side of the House” about it, politically speak mg.
Mr. RANDALL, of Pennsylvania. On the contrary I understand that the gentleman voted with the Democrats then in the House.
Mr. CONKLING. The gentleman understands what was not the fact, if he supposes that it was a party question. It was not. One member of the ComWays&Means was absent, and the committee was left composed of 8 members only; 4 of the committee were for the legal tender policy and 4 against it. The House also divied much after the same fashion; most of the Democrats no doubt opposed the bill, and it passed against the will of exactly half the ComWays&Means.
Mr. ELDRIDGE. I desire to ask the Gentleman if this is now a party question. Why is it more a party question now than it was then?
Mr. CONKLING. The gentleman does not want to make that inquiry seriously. He knows better than he thinks we do, or the country does, the parade that is making by his party of its willingness to patronize the Administration. It will not amount to much, because everybody understands it.
Mr. BROOKS. Will my colleague allow me to ask him aquestion?.
Mr. BROOKS. I am puzzled how to vote on the motion of my colleague, and I wish an opinion from him upon the subject. If some 30 gentlemen over here vote now for his motion to recommit, will the other side of the House vote against it? [Laughter]
Mr. CONKLING. If I knew how to help my colleague I would. His question being to divert attention from things not funny to thipgs that are, perhaps I shall most assist him by no answer at all.
Mr. BROOKS. I have tried to support the Administration on this measure. I have gone with him. The President recommended the course of policy we have been pursuin. The SecyTreasury recommen s the course of policy that we have been pursuing. The ComWays and cans recommend the course of policy that we have been pursuing and the majority of this House have voted that way. Now, are they going to turn back on themselves because some 30 men upon this side of the House have helped them? I wish an answer to my question, that I may know how to vote on his motion.
Mr. CONKLING. I will endeavor to an swer my colleague, and the vote of the House will show him presently that the fate of the motion will not be affected by the action of himself or his friends. The gentleman may assume that everybody understands pretty well how he “tries to support the Administration, ” and why we hear such unctuous indorse ments of the President of late from those who have blocked the wheels of the Administration for the last 4 years. The gentlemen and his friends vote where the chances of party advantage lead them. If a bill comes in to give suffrage to the negroes in the DistCol, they will vote with the extreme men and labor to advance the extreme view. They will O solid against every proposition for restricted or qualified ne prosuffrage, and insist upon the most unguared and indiscriminate enactment, and yet they try to support the Administration, which means that the object and mission of the gentlemen and his friends is to improve little party opportu nities thatis all. So now, as a mere political maneuver, they vote for this measure. [Laughter.] The Gentleman understands that. It is not necessary to explain it. It explains itself as it goes along. I was oing, when the interruptions began, to remin the House that recommittals work well usuallyafter a debate has failed to concen trate sentiment. During this session we have saved time and improve measures in this way. When the constitutional amendment came up, the House rioted in discussion and amendments; everybody was against it, or so much for something else that he could not go with anybod else or get his neighbor to go with him. The subject was recommitted, and being reperted back to the House was ratified with the effort of the committee, although no substantial change was made, and the amendment passed by the entire Union vote, with but 3 or 4 excctions.
Mr. ROG RS. I suppose the gentleman does not mean the constitutional amendment.
Mr. ROGERS. The constitutional amendment was not recommitted, I believe.
Mr. CONKIJNG. I have a vague, misty recollection that the constitutional amendment was recommitted.
Mr. BROOKS. I rise to a point of order. The question of negro suffrage or any other constitutional amendment has nothing to do with the subject under consideration, which is a moneyquestion.
The SPEAKER. The Chair understands the Gentfrom NewYork [Mr. Couxmxo] is stating what has been the effect of recommitment in other cases, in support of his motion to recommit this bill.
Mr. BROOKS. Well, I will withdraw my point of order.
Mr. CONKLING. We did recommit the constitutional amendment in regard to the ba sis of representation. It came back the next day, an was passed, nobody dissenting on this side of the House except 3 or 4 members. The same thing happened in the case of the civil rights bill. There was some objection to it; Ihad some objections to it myself; it was recommitted to the ComJudiciary; the committee revised it, made some alterations satisfactory to the House, and it passed, I believe, by all the Union votes of the House save those which were not given either way. In the present instance, perhaps, the revision of the committee will be equally beneficial; let us try.
Mr. ROSS. Then I suppose if we overhere vote for the proposition of the gentleman others over there will be induced to vote against it. Mr. CONKLING. That was not a very lu mine us suggestion the 1st time it was made by my colleague, [Mr. [moons] [Laughter.] O get the full force of it over here now it is made again, and we will admit the entire effect of it now, just the some as if some gentleman should again repeat it. [Laughter] We shall not vote for or against any proposition because it is an ported or oppose on the other side. Nor will we be whee led into any position which will deprive the majority of the House of a fair, deliberate opportunity of doing what it means always to do, and that is to strive earnestly to find out what is best and then stand by it. yI now move that the bill be recommitted without instructions to the ComWays&Means, and upon that motion I demand the previous question. If
Mr. STEVENS. Will the gentleman with draw his demand for the previous question for a moment?
Mr. WENTWORTH. I hope the gentleman will do so, and allow me to saya few words, as I am on the same committee with him.
Mr. CONKLING. I am reluctant to with draw. several gentlemen are appealing to me for the floor beside the 2 who address the Chair, and I cannot oblige one and refuse an other; if all are heard we shall be at sea again. I think, therefore, we better sustain the previous question, and then if we are to have de bate it will be within narrow bounds. I insist upon the demand for the previous question.
Mr. STEVENS. I would inquire of the Chair whether if the demand for the previous question is voted down, the bill will then be Open to amendment?
The SPEAKER. If the demand for the previous question is not sustained, the motion to recommit will be open to amendment. But the bill will not be, open to amendment without reconsidering the tiird reading.
Mr. WENTWORTH. I ask the Gentfrom NewYork, [Mr. CONKLING] as he is on the same committee with myself, whether he will allow me, upon the pledge to renew the call for the previous question, to take the floor, and agree to allow our opponents some of my time?
Mr. CONKLING. For what purpose does the gentleman seek the floor?
Mr. WENTWORTH. I will limit myself to any number of minutes for the purpose of de hating what should be debated. I want to show to the House that there is another party here who go with the gentleman, althoug differing aswidely from the gentleman as do those over the wa.
Mr. CONKLING. Ipropose to compromise by admitting what the gentleman says, and than to have the previous question. [Lou Men]
Skip Skip The previous question was 2nde, and 110 main question ordered. Mr. MORRILL. I hope all. the motion to recommit will be assented to unanimousl, as a majority of the House are evidently in over of that motion. On agreeing to the motion to recommit, there were ayes 97, noes not counted. So the motion to recommit was agreed to. Mr. CONKLING mtRtv the bill was recommitted; on the table. Agreed to. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found truly enrolled a bill of the following title; when the Speaker signed the same: An act (H.R.No. 36) quicting doubts in relation to the validity of. certain locations of lands in the State of Missouri, made by virtue of certificates issued under the act of Congress of February 17, 1815.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Former, its Secretary, announced that the Senate had concurred in the amendments of the House to the bill (S.No.54) to amend an act entitled “An act to incorporate the national military and naval asylum for the relief of the totally disabled officers and men of the volunteer forces of the U.S. ” LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. STEVENS. I move that the rules be suspended, and that the House resolve itself into the Committee. of the Whole on the state of the Union on the special order, the bill (H.R.No. 213) making appropriations for the legislative. executive, and judicial expenses of the Government for the year ending the 30th of June, 1867. The motion was aed to; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. CONKIJNG in the chair.) and proceeded to the consideration of the special order, the bill(H.R.No. 213) making appropriations for the legislative, executive, and Judicial expenses of the Government for the year ending the 80th of June, 1867.
Mr. STEVENS. I move that the 1st reading of the bill be dispensed with; and that the bill be read by ara raphs for amendment.
The CHAIRJAH. If there be no objection that will be done. There was no objection; and the Clerk proceeded to read the bill.
Mr. WINDOM. In line 154, embracing the appropriation for stationery for the Senate, I move to amend by striking out “ 18 ” and inserting “ 17, " so that the line will read: For stationery, $17,000. Mr. Chairman, I move this amendment simply for the purpose of calling attention to the act that $17,000 is appropriated for stationery for the other end of the Capitol, while $18,000 is the amount proposed for us. As there are about 50 members of the Senate while there are 200 members of this House, Ican not see why we need $1,000 more for station ery than those 50 Senators. I withdraw the amendment. 1
Mr. MORRILL. I move to amend, as follows: After line 177, on page B. ipse rt the following: To enable the SecyInteriorto purchase of Messrs. Little, Brown by Co., 2000 copies of the at Large 18th volumeoftho U.S. Statutes fordistribution agreeably to the acts of conI, d. irec ting the distribution of the other volumes, This is merely the usual number of copies. I think this item has been omitted by accident.
Mr. STEVENS. That is a very properamendment. It proposes simply the usual number. The item was, as the gentleman supposes, omittd by accident. a amendment was agreed to.
The Clerk read lines 338 to 354, as follows: For compensation of temporary clerks intho Treasury Dept, and for anlllllrlllfll compensation to clerks in the same Dept, $100,000: provided, That the temporary clerks herein provided for may be ClflSrlrlUll according to the character of their serviccs: Abife, That so much of the appropriation 0132.30.00g)rantedbythe act of March 2. 1803, for compensation to temporary clerks in the Treasury Dept, and for additional compensation to clerks in the same Dept.as remains unex ended, shall be divided as follows, to wit: 8100 shall O paid to eachof the omployesin said Dept whose pay amounts to lessthan 81.000er an num and the residue thereof shall be divided perca ill! to and amongall the clerksin said Dept “The 1st and 2nd classes.
Mr. STEVEN S. I movethe followrngamend mat: In line 350 strike out "employes" and insert “ appointees." The amendment was agreed to.
Mr. BUNDY. I move to amend, as follows: In line 353, page 15, strike out after the word “1st” the word "and." In the same line. insert after the word "2nd " the words, “and 3rd." In the same line. insert after the word "classes" the following words: Who have not licrctoforo received any part of the aforesaidsum of $150,000. I understand, Mr. Chairman, that the original appropriation was made for the purpose of giving additional pay to all the cler {8in the Dept, but by some means the distribution has been made to only the clerks of the 4th class, the highest grade of clerks. This bill, as it now stands, provides that the resi due of this appropration shall be apportioned among the clerks at he 1st and 2nd classes, omitting the 3rd class entirely. My amendment proposes that those who have not received any part of that appropriation shall receive prorala their proportion of it.
Mr. STEVENS. I must object to this amendment. The amount appropriated by Congress at the last session was ordered to be distributed among the clerks and others in the Treasury Dept under the direction of the SecyTreasury. He distributed a portion, as he tells us in his report, among the clerks of the highest class and some heads of bureaus. He has very properly referred to Congress the further distribution of this extra compensation. The ComWays&Means, in accordance with this suggestion, have undertaken the division of the remainder of this fund. After ascertaining the number of employees in the Dept receiving less than $1,000, including the women, we decided to appropriate to them $100 apiece; and we found that ifthe remainder of the mono were divided among the clerks of the 1st on 2nd class, each would receive about 150 dollars. We thought it was better to go no further. Those who have had $1, 600 all nlon will be much better off than those who haveeiiad only $1, 200 and $1, 400, and it was the opinion of the committee that this ought to be given to the clerks of smaller salary. It costs as much for them to live as it does the $1 600 clerks. It does not bring up the lower clerks to $1, 600, but only gives them something for a single year out of this fund. ThereforeI hope the amendment of my friend will not be adopted.
Mr. WILSON, of Iowa. Do I understand the gentleman to say none has been paid to the 1st and 2nd class clerks?
Mr. STEVENS. None has gone to the 1st and 2nd class clerks. Some has beenpaid to the 3rd class clerks, but none to the 1st and 2nd class.
Mr. WILSON, of Iowa. I understood some had been aid to the 2nd class clerks.
Mr. STEVEN S. I hope the provision will be allowed to stand as reported.
Mr. BUNDY. I understand there is quite a number of 3rd class clerks who have only recently been promoted, and who have had no benefit of any of this increase of salary. They have been here during the rebellion, are deserving men, and are as equitably entitled to this as anyone of the 1st and 2nd class clerks. I think my amendment is right, that the residue shall be aportioned prorata among those who have not nfieady received any part of this fund. I do not see why all of the clerks did not receivo a small part of this fund, but by some management or mismanagement only the heads of bureaus and the higher class of clerks received any part of it. I now propose to give the residue prorata among the lower class of clerks, and those who have received none. I think my amendment is a just one and hope it will be agreed to.
The Clerk read, as follows: For compensationof the surveyor general of Win consin and Iowa and clerks forcompleting and wind in: up the businessin his office.$4.800
Mr. WASHBURNE, of Illinois. add to that the following: and such office is hereby abolished. Mr. Chairman, I supposed that that offico had been abolished long ago. I know we have made several efforts to do it. There are no public lands in those States, and there is no necessity to make this appropriation.
Mr. STEVENS. I thought we had abolished it at the last session of Congress.
Mr. ALLISON. I desire to say that the business there is now being wound up. The surveys are entirely completed, or will be during this fiscal year; but there are held notes and other valuable records belongin to this office which ought to be transferred to teStates of Iowa and Wisconsin. If wound up now they will have to be transferred to Dakota or StPaul, Minnesota, at a cost to the Government greater than this
Mr. STEVENS. appreotptrhiaetaiopnp.ropriation stand, and let it be provided that when exhausted the Office shall be abolished.
Mr. WASHBURNE, of Illinois. I accept that as a modification of my amendment.
Mr. ALLISON. I have no objection to that; but there ought to be some provision for the transfer of these field notes and other records.
Mr. WASHBURNE, of Illinois. That can be left to the discretion of the ComrGLO.
Mr. KASSON. I believe there is existing authority to make that transfer at the discretion of the ComrGLO when the States are ready to receive the records. I made some reference to Missouri, and found the Commissioner was waitinv to get some officer in Missourito take custody of them. The amendment was agreed to.
The Clerk read, as follows: For compensationof the surveyor general of the Territories of Dakota and Montana, and the clerk: in his office.86.300.,
Mr. ASHLEY, of Ohio. I move to amend by increasing the appropriation to $8,000, and to provide that 1/2 shall be expended in Montana Territory. I will say a bill is before the ComTerritor which will be reported after awhile to locate the office of a sun veyor general of Montana Territory. Iwill say further there is not an acre of land yet surveyed there. A large population has gone into that Territory last year. I am satisfied this is necessary.
Mr. WILSON, of Iowa. I think the amendment should notprevail. It seems there is very little work for a surveyor Generalin Dakota, as I understand he has been iere most of the win ter, and that the clerk has also been absent.
Mr. BURLEIGH. I desire to suggest that if the surveyor of Dakota neglects his duty Mr. WILSON, of Iowa. Idid not intend to make such a charge.
Mr. BURLEIGH. If he has not discharged his duty, and the public interest is suffering. he should be removed and another man should be put there who will do his dutv.
Mr. WILSON, of Iowa. Idid not intend to charge that he had refused to perform his duty, only to state the fact that he was absent.
Mr. ASHLEY, of Ohio. My friendfrom Iowa [Mr. Wilson] ought to be well enough acquainted with that country to know that no man can do surveying in the winter time. I move to ne
Mr. WILSON, of Iowa. The same remark will apply to the fall and summer. Therefore there must be very little duty to perform. The most of that money must be applied to the Office of surveyor in Montana.
Mr. BURLEIGH. I was about to remark when I was interrupted by the Gentfrom Iowa that there are about ten million acres of public lauds unsurveyed in Dakota. It has ecu remarked that it is bad land. I know that some of it is, but not a greater proportionate amount than we find in most of the western States and Territories. But I want to state this fact: that while the public lands of all the western States have passed into the hands of speculators, and are held at prices so high thatiuen of moderate means, who have onlya few hundred dollars to locate lands with and provide for their families. are unable to purchase them, the public lands of Dakota are the only good lands that are within reach of these poor men emigrating westward. I want that distinctly understood and we ask that these lands may be surveyed and kept open for homesteads for the poor people of the country who are flocking westward by tens of then sands in pursuit of homes for themselves and their families. It is a great mistake to suppose that Dakota has no good land. There is no richer territory on the face of the earth. There are portions of it troubled with drought, but it is so with Minnesota. Kansas, and Nebraska, and almost all our northwestern States and Territories. Da kota is capableof sustaining an agricultural populationof a million, and they will. go in there, and no legislation of the Territory or of any 7 State in the West can prevent emigration to that Territory. It has started and it will go. The people of the country who are pushing westward or omes and habitations will ccrtainlygo and settle there, and before you are aware of it, that Territory, poor as it now is, will be knocking for admission here.
Mr. WILSON, of Iowa. I desire to state that I have been informed by those who have visited that Territory that the drought has been so great in the last 4 years that there has been almost a total failure of cro s for 3 of those years, and that these droug its are very common in the Territory. Now it may be true that the country will support a million inhabitants, as the Gentfrom Dakota [Mr. BURLEIGH] says, but from all the information that I have had thus far, the declaration will hardly be borne out.
Mr. STEVENS. I do not think it makes much difference whether the soil of Dakota is rich or poor, except to the holders of it. I believe there is a quantity of very rich land there, and it is pretty much owned by the very clever people who went there 1st. Now, if the rest is rough and our, it will cost so much more to survey it. Ience I see no reason for reducing the estimate. But I never yet knew a Dept make an estimate too low. The great difficulty is keeping them down. Now, sir, we have here given everything the Dept calls for; precisely what the office called upon the Dept for. I hope the amendment will not revail.
Mr. HUBBARD, of Iowa. I renew the amendment for the purpose of makingasingle remark. I resume that the office of surveyor general of akota cannot be sustained without the amount provided for in this bill. I suppose that 6,000 and odd dollars is needed for the purpose of keeping up that single office. I am in favor of creating a surveyor generals district in, Montana, but even if that is done, provision can be made in that bill for the purpose of maintaining the office in that Dept, and I can see no necessity for either diminishing or increasing this appropriation. I withdraw my amendment.
Mr. ASHLEY, of Ohio. It was for that reason that I withdrew my amendment.
Mr. HENDERSON. I move to ninend the bill by strikin outin line 519 the worD “ ten” and inserting “ 15 ” in lieu thereof; so that the clause will read: Forrentnt surveyor generals Officein 0regon.fuel. books. stationery and other incidental expenses. including pay of messenger.81,500. I have only a word or 2 to say in regard to that amendment. Iam well acquainted with this office, and I know that heretofore the appropriation has been so scanty and meager that the office has had to be kept in a house of most unsuitable character. Ihe sum of $1,500 would be very properly and righteously expended in securing a good house and proper urniture for that office. We all know that $1,000 would be barely sufficient to employ a messenger, much less to provide for House rent, fuel, stationery, and all those items. It is very likely that the Commissioner thinks this sum enough, but if you could see the scanty and mean accommodations at this office, you would not think for one moment that that sum would suffice for office rent, fuel, stationery, the pay of a messenger, and all these things. I should have asked for $2,000 if the Gentleman had not said that this is the recommendation of the Commissioner. In view of that fact, I will only ask that the ismount be increased to $1,500.
Mr. STEVENS. I should be very glad to give to Oregon all that we can. But last year we only appropriated $700 for this purpose. This year the Dept asks for an increase of $300 and we have allowed that. I hope our friendfrom Oregon will not press the good nature of the House too far. I withdraw my Mr. HENDERSON. I have said that the amount of the appropriation heretofore has been very meager, and the accommodations at this Office very miserable. I am well satisfied that if you could look at this Office and see the pov erty and inconvenience of the accommodations there you would not for one moment think of cutting the appropriation down to $1,000. Here tofore the people, in their patriotism, have submitted to be screwed down, and have notwished to worry the Governmentthey have done as well as the could. But let me add that the increase of business in that office has been very great. That country is settling up ver rapi ly; a great deal more surveyin will have to be done, and a great deal more Tabor is necessary. I hope the committee will rant the small advance on this appropriation which I ask.
Mr. STEVENS. We have not cut down this appropriation at all; we have rather raised it. But the poverty of the gentlemans constit uency has been presented y him with so much force that I am almost persuaded to vote for his amendment myself. [Laughter]
Mr. STEVENS. Very well; we will be all the better natured for it for the rest of the session. [Laughter.]
Mr. BIDWELL. I hope the amendment will be adopted. SeverulMsimsss. Agreed. The amendment was agreed to.
Mr. STEVENS. I ask unanimous consent of the committee to go back to a paragruph in which thdre should be an amendment. The paragraph is as follows: For defrayinir the expenses of the SupremeCourt and district courts of the U.S. including the DistCol and also for jurors and witnesses.in aid of funds arising from fines.penalties, and forfeiturcs. in the fiscal year ending June 30. 1807 and previous years and likewise for defruying the expenses of suits in which the U.S. are concerned.andof prosecutionsforoffensese ommitted againstthe U.S and for the safe keeping of prisoners.in addition to the unexpended bulapees of a propriations to the credit of the jiuliciary fund on une30.1306r.equired to meettheexpensesof the courts being reestablished in the southernStates so much of the act of March 2. 1865, Laws. page 52. carrying said unexpendedbalancesof appropriations intnol {38 Treasury being and the same is hereby. reps 0. I move to amend by adding “$300,000.” The appropriation is not carried out in the paragraph as printed in the bill. My amendment is for that purpose only. The amendment was agreed to.
Mr. KASSON. There is a similar error in one of the clauses of the paragraph relating to the Court of Claims. I had made a note of it in the bill I have, but it was read when I was absent from my seat. The clause is as follows: For payment of judgments which may berendered by the court in favor of claimants.000. I move to amend by inserting after the word “claimants” the words “ in addition to the unexpeuded balance of the appropriation for the fiscal year ending June 30, 1865.” The amendment was agreed to.
Mr. SPALDING. There is also a mistake in one of the paragraphs on page 15 of the bill, relating to the contingent expenses of the Treasury Dept. I did not happen to be in my seat when that paragraph was read. The paragraph is as follows: For compensationof temporaryclerks in thoTreasury Dept and for additional compensationto clerks in someDept. provuled. That the temporary clerks herein provided for may be classified accordingto the character of theirse rvices: and promdedfurllwr. That so much of the appropriation of $250, 00goranted by the act of More 2 1815. for compensationto temporary clerks in the nry Dept and for additional compensat.iroenatso clerks in sameDept. as remains unex ended shall be divided as follows, Ito wit: 8100shall e to each of the paid emploies in said Dept whose pay amounts to less than $1.000 per annum and the residue thereof shall be divide percapmz to and among all the clerks in said Dept of the 1st and 2nd classes., The words “1000" should be stricken out, and the words “ 1200" inserted in their place. We had agreed upon that in the committee, but by mistake it was not inserted in the bill. The lowest class clerks receive $1, 200 a year. The amendment was agreed to. The Clerk resumed the reading of the bill, and read the following paragraph: For purchase of cereal, vegetable andflowerseeds and for labor in putting up seeds. seedballs, and miscellaneousitems. 860.0(1)
Mr. HUBBARD, ofIowa. I move to amend by striking out “ $60,000, ” and inserting “$30,000. I do this mainly for the purpose ofobtaining some information from the Agricultural Committee as to the necessity of this very large appropriation for the purposes named. I am aware that we get quite a quantity of seeds; but a large proportion of those which I obtain from the Agricultural Bureau are of very in ferior quality, and I am pretty confident that a large sum of money is unnecessarily expended in the purchase of seeds; that the benefits to the country derived from that appropriation are not what they should be. I hope that the ComAg will be able to give us some information on that subject; or if they cannot, I trust we shall obtain it from the ComAppropriat. NIGHT SESSIONS.
Mr. WASHBURNE, of Illinois. I do not rise to discuss the amendment of the Gentfrom Iowa, [Mr. lineman] but to make a suggestion to my friendfrom Pennsylvania, [Mr. Srsvsus.] By an order of the House, if we go on till half past 4 oclock, without some special action on the subject,we must have a night session. I would suggest to him to consent that the committee now rise, suspend that order for today, and then, by sit ting here till 5 or half past. 5 oclock, we can at through this bill in ComWhofle, and that will be much better than coming back here again tonight. If that suggestion meets with the concurrence of my friendfrom Pennsylvania, I will move that the committee now rise for the purpose of suspending the order tbrnight sessions for today.
Mr. STEVENS. If the committee will cc to itI have no objection.
Mr. WASHBURNE, of Illinois. move that the committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Consume reporte that the ComWhole on the state of the Union had had under consideration the Union generall, and particularly the special order, being House hill No. 213, making appropriations or the legislative, executive, an judicial expenses of the government for the year ending the 30th of June, 1807, and had come to no resolution thereon.
Mr. WASHBURNE, of Illinois. I now move that the order directinga recess to be taken by the House from half ast 4 to half past 7 p. m. be suspended or today. The motion was agreed to.
Skip Skip LEAVE OF ABSENCE. Mr. RAYMOND asked and obtained indefinite leave of absence for his colleague, Mr. DARLING. legislaTIVE APIROPRIATION BILL Again.
Mr. WASHBURNE, of Illinois. I now move that the rules be suspended, and the House resolve itself into ComWhole on the special order.
Skip Skip The question was taken; and upon a division there were ayes 24, noes 68. So the motion to adjourn was not agreed to. The motion of Mr. ssnavsus, of Illinois, was then agreed to. So the rules were su ended; and the House resolved itself into the omWhole on the state of the Union. (Mr. CONKIJNG in the chair. ) and resumed the consideration of House bill No. 21;, making approriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1867. I now The pending question was upon the following amendment of Mr. Huuniinn, of Iowa: Strikeout in line 775 the word "sixty" and insert in lieu thereof “ 30.” so that the paragraph will read: For purchaseofccical, vegetable and flower seeds and for labor in puttine up seeds, seedbags and miscellaneousitems. On agreeing to the amendment there were ayes 25, noes not counted. 80 the amendment was not agreed to.
Mr. PRICE. We reserve the right to have a vote on that in the House; otherwise we would insist on a count now.
Mr. FARNSWORTH. I move to amend as follows: Strike outin line 773 the words "and flower." and insert after the word “005.0111” the word “and;” so that the clause will relior purchase ofcercal and vegetable seeds and for labor in mitging up seeds, seed bugs, and mise ella neousitems. Mr. Chairman. I think the country will not suffer at all if these words he stricken out, so that the ComrAg shall be allowed no discretion to purchase flower seeds. I am sure my constituents will not suffer, and Idp not think those of any other gentleman WI.
Mr. LAWRENCE, of Formsylvania. I de sire to state to m friendfrom Illinois and to the House that propose to offer, under the instruction of the ComAg, an amendment to this section, which I desire the Clerk to read now, that gentlemen may understand the object.
The CHAIRMAN. The amendment will be read for information.
The Clerk read, as follows: At the and ofline 775 add the following proviso: Provided. That the ComrAg shall only purchase and distribute. with the tund herein appropriated for that purpose.such seedsas are rare and uncommon to the country or such as can be made more profitable by frequent changes from one part nfonr own country to another.
Mr. FARNSWORTH. I do not think that will help the matter much, for it still leaves it in the discretion of the Commissioner to determine whether seeds will be more profitable by transmitting them from one part of the country to another.
Mr. LAWRENCE, of Pennsylvania. Well, he knows.
Mr. FARNSWORTH. He may determine that seeds raised in the vicinity of Philadel phia will be of great advantage to the people of Illinois, and may purchase them at ten or 20 dollars perbushel to distribute, when we have seeds equally good at home. I insist on my amendment to strike out the flower seeds. The country will not suffer much if we put an end to the distribution of sun flowers, mignonettes, hollyhocks, sweet williams. dzc.; and certainly members of Congress will be relieved from a great deal of trouble which they new experience in putting these seeds into envelopes and sending them to their homes. For my part I think that I never sent to the State of Illinois a flower seed that grew, either on account of the quality of the soil or the quality of the seed; and as the soil is Generally regarded as good by the people who live theiie, I think the difficulty must be with the seer. The bill appropriates about $150,000 for the support of this Agricultural Bureau; and in my opinion it is, with one or 2 exceptions, the greatest stealing bureau in this Government. believe that, as it is at present conducted, the country receives less benefit from it in proportion to the amount of money expended than it. does from any other bureau under the government. It seems to me a waste of money for us to appropriate year after year these vast sums to maintain this Bureau of Agriculture which is so utterly useless and unprofitable to the Government.
Mr. STEVENS. If this bureau is utterly useless, why not bring in a bill to abolish it? Why not test in that way before the House and the country the question whether or not an Agricultural Bureau should exist in this great nation? Every year we hear this attack made upon the Bureau of Agriculture. Sometimes members do not like one man who is in that Dept and sometimes they do not like another. Sometimes the Commissioner will not appoint my friend; sometimes he will not appomt another members friend. I do not like it, because he has not a pointed anybody that. I wanted there. [Langhter.] But if you abolish this bureau, you abolish what the people care more for than for all the other bureaus in this Government. My constituents care more about the Agricultural bureau than they do for all the other bureaus nt together; and all the publications emanating from that bureau th, eyread with more pleasure than anything else except the Bible. But, sir, the demand for the Agricultural Reports in my district is immense. I cannot get half enough of them, even with what I can borrow from my friends who, like the Gentfrom Illinois, do not read them. [Laughterfl As to this particular item of flowers, I know up in his country nature has given them so many flowers they do not ask or care for any from us. They have them the brightest in the world, and they do not care for any from any other quarter. It is not the same with most of us. It is not the same, I know, with my friendfrom Maine.
Mr. BLAINE. I will say, of all the seeds distributed the flower seeds alone are acceptableto me.
Mr. STEVENS. The gentleman understands what the sexes want not merely the rougher sex.[Laughter] There is a rough country where the people care for nothing but rough things; but flower seeds are more to be relied upon ) 1 those who desire to come back here. It is the best thin they can send for that purpose. I think we Iiad better do as we always have done. stand by the Agricultural Bureau and vote the appropriation, or abolish the whole thing.
Mr. DAWES. The gentleman has no doubt made the calculation, and I should like him to tell us how much it costs for each one ofus for the seeds that we get?
Mr. STEVENS. I think it costs about 4 cents. [Laughter]
Mr. DAWES. According to my arithmetic, the seeds each one of us gets cost, according to the appropriations, about 400 dollars.
Mr. STEVENS. Does the gentleman include wheat in that?
Mr. STEVENS. I admit where no wheat grows they do not get their full share. ter.] In our country we secure the hi]{Lbaeungehfit of that sent to us.
Mr. FARNSWORTH. What kind of wheat has been introduced that we did not have before?
Mr. STEVENS. Every year a new kind of wheat is sent into my district, and there is nothing the farmers of Lancaster county so much value as these seeds. It enables them to chan their seed. You know that breeding in and in makes fools. Laughton]
Mr. GRINNELL. Mr. Chairman, my colleague on the ComAg has presented a resolution which was adopted by the committee, and I hope that it will be adopted by the House. the cHAIRMAN. The Chair would inform the gentleman that the amendment referred to is not yet offered. It was read merely for information. It is not germane as an amendment to the pendiu amendment of the Gentfrom Illinois, [Mr. Fanxswonrnfl which is to strike out the words “and flower seeds.”
Mr. GRINNELL. What I wish to say is, I hope it may be adopted. I hope we shall not continue circulating and distributing such very common seeds as cucumber, squash, carrot, and seeds of that kind. I have here the report of the ComrAg in which he says the purchase of seeds will require $32,000, and the abor for putting up the seeds will cost $38,000, making in all $70,000. Now, it seems to me the expense of putting them up is entirely disproportionate, and I think it is not becoming the House to sanction such an expenditure as that in putting u these seeds. would rather the money shoal be appropriated in procuring and disseminating information among the agriculturists of the country, getting up specimens, and enlightening thEm in regard to their own interests. I state this because I think it is the universal sentiment. I have not heard any gentleman express himself in favor of continuing the distribution of these very common seeds. I hope therefore this amendment will be adopted.
Skip Skip The question being taken on the amendment of Mr. Fnnxswosrn, it was not agreed to.
Mr. LAWRENCE, of Pennsylvania. I move to insert at the end of line 775 the following: Provided. That the ComrAg shall only purchase and distribute with the fund herein appropriated for that purchase.such seeds as are rare and uncommonto the country or such as can be made more profitable by frequent changesfrom one part 01our own country to another. The amendment was agreed to.
Mr. HUBBARD, of Iowa. I move in line 785 to strike out “eight” and insert “four, ” so that the appropriation will read: For experimental garden in reservation No. 2. $4, 800. I am not disposed to make any general sault upon the Agricultural Bureau. The people of the count ohtain a great dealof valuable information mm the reports which come from that bureau. But, sir, in relation to this particular item of expenditure, I am led to believe that there is a egrec of extravagance which ought not for a single moment to be tolerated by this House. 1 find on examination of the report which has been submitted to the House by the ComrAg that during the year 1805, for the single item of keeping horses, in connection with is little experimental garden, he expended no less than $1, 180. e also paid during the same year for horse hire about $300, for stable rent $224, and for plowing 40 dollars, making the expenditures in connection with this experimental garden something over $2,000, an amount sufficient to carry on one of the largest farms in the State of Illinois. I want to now from the ComAppropriat or from the ComAg whether these expenditures are to be tolerated in connection with this experimental garden. These items of expenditure that I have referred to are found ll] his report.
Mr. FARNSWORTH. Will the gentleman tell us what is raised in that experimental arden?.
Mr. HUBBARD, of Iowa. I do not know anything about that. A very large sum of money has been expended in connection with that garden, and I presume the products raised there must have been ofimmense value.
Mr. BERGEN. Can the gentleman state the size of the garden?
Mr. BERGEN. I understand there is alarge plot of ground in addition to that which is cultivated.
Mr. HUBBARD, of Iowa. I do not know but that there maybe 20 of these experimental gardens. think the amount of money exended is sufficient to carry on that number.
Mrs THAYER. What have been the results of the exeriments?
Mr. HUBBARD, of Iowa. I do not know that it has yielded anything. I do not find that it has returned anything to the Treasury and I find in addition to the expenses to which I have referred, that Isaac Newton himself has received, during the last year, for horse hire, the sum of $370, in addition to the itemsI have named. New, I wish to know from the comAg, or from the Comappropriat, why it is that these large exon itures are made?
Mr. WHALEY. Mr. Chairman, I wish to say a few words only in reply to the gentleman. During the 4 years that I have been here, no appropriation has come up at any time, or in any hi 1, designed to sustain the agricultural interests of the country, that has failed to bring some gentlemen to their feet to oppose it. The ComrAg, it seems, has kept himself, in this instance within the limit of a few hundred dollars. We can vote millions on millions for other urpoaes, but when it comes to a few 100s or a icultural purposes we hear this clamor. I have full confience in the chairman of the ComAppropriat, as well as in the committee. They have looked into this matter carefully, and for one, I am tired of these assaults upon the agricultural interests of the country.
Mr. STEVENS. Let me say to the gentleman that the ComAppropriat cut down the estimates sent to us by the Dept $20,000.
Mr. WHALEY. The gentleman Tron: Iowa admits that this appropriation only involves a few hundred dollars. The men of the Northwest have supported you when you have brought up bills here for the benefit of the industry of the East, and have voted millions away. Sir I hope that this opposition to the agricultural interest will cease, and that ever man upon this floor will come to the conclus10n that it is necessary to support the great agricultural interests of the country, let who will be at the head of the Dept of Agriculture. If the head of the Dept is not competent, ifthatis the objection, exercise your in uence in another w“ay, and correct the evil. [Cries of “ Good 1" Good!”
Mr. HUBBARD, of Iowa. I wish to make but a single remark in reply to the Gentfrom WestVirginia. He says he is tired of this thing. Isould think he would be tired of it, and I should think the ComrAg would be far more tired of it than the Gentfrom WestVirginia. I find, on looking over his report, which ought to receive the careful attention of every member here, that
Mr. Et (11.figures very extensively in the exenditurcs. Laughter.]
Mr. WHALE. I was not debating the report. Mr. HUBBARD, of Iowa. I find that
Mr. Et al is one of the most popular men, and has received more money than any other person, according to this report. I do not know who he is. I presume he is some gentleman with whom the ComrAg is familiar, some friend of his, or of the Gentfrom WestVirginia. [Laughter]
Mr. wHALEY. You will excuse me if I really now.
Mr. WHALEY. Justa moment. I want to make an explanation.
Mr. HUBBARD, of Iowa. Well, I will give the gentleman a moment., Mr. wHALEY. I ask the gentlemans pardon, and that of the Chair, for saying a moment since that I was not debating the report. I had forgotten I had not the floor. [Laughter]
Mr. HUBBARD, of Iowa. Let me make a single additional remark. I do not make this motion for the purpose of assailing the comrAg, or of making any attack whatever upon that bureau. I regard that bureau as of very great value and importance to the country, provided it is properly managed and conducte; bntin my estimation there is most unpardonable extravagance in connection with this experimental garden that ought not to be tolerated. The report to which I have alluded shows it, and for that reason I have made my motion in regard to the articular items I have named. I believe that the sum of $4,000, if managed with properecon omy, is amply sufficient to carry on the business of that garden.
Mr. BIDWELL. I wish to say that by a resolution of the House information was called forfrom the ComrAg; and that information was sent to the House and ordered to be printed and referred to the ComAg. That committee was also instructed to investigate the subject, to send for persons and papers if necessary, and to ascertain whether the report made by the ComrAg was correct and proper. But. I do not think it right to attack the comrAg by simpleassertiOn without one particle of proof. the committee are willing to investigate and report to the House, whether the result be favorable or unfavorable to the Commissioner. But until his report has been shown to be wrong, and his expenditures extravagant, I do not think it rightto attack him here.
Mr. WHALEY. I hope the committee Will indulge me for a moment, for. as every member will bear witness, I Have occupied but very little of the time of the House dunn8 Hm present session. I cannot yield SeveralMsniinns. Go on.
Mr. WHALEY, I desire to so a word in reply to the Gentfrom Iowa L
Mr. HUBBARD] about the person who he so s as received so much money. [Laughter] e seemed to convey the idea that that person had got his place there through my recommendation. [ treat laughter.] Now, I will say one thing here, which I wish to be distinctly understood: the only persons I have recommended have been the wives and daughters of our brave soldiers. Time and time again I have gone to the lion orable chairman of the ComAg, and asked him to sign the recommendations to the Commissioner ofAgriculturc. I think if there is any class of persons that we should take care of, that should be taken care of by the different Depts of the Govern, ment and by anybody else, the are the wives and an hters of our brave SOl( iers. Outside of them have written no recommendation, so have made none.
Mr. GRINNELL. Then we are to tinder. stand that the Gentfrom WestVirginia [Mr. Wnau zi] did not get this
Mr. Et al. his place in the Agricultural Bureau.
Mr. WHALEY. I deny the charge thatI recommended anyone but the wives and daugh ters of our brave soldiers. [Laughter] The amendment was not agreed to.
The Clerk read the following paragraph in relation to the Mint at Philadelphia: For salaries of the Director. treasurer. ouayer, melter and refiner.chief coiner and engraver.asst assaycr and 7 clerks. $26, 400.And from and after the close of the present fiscal year the annual salary of the Director of the Mint shall be 84.000, and the annual salaries of the treasurer.as sayer molter and refiner.chief coine r and engraver shall be $2.500each: the annual salary of the asst assaycrshall be52.250, and the nnnual salaries of the clerks now receiving 81.50sohall be 82.250a.nd the annual salaries of the clerks now receiving $1,500 shall be 51.800each.
Mr. WASHBURNE, ofIllinois. I move to strike outall of this paragraphafter “ $26 400.” If members will ekamine this paragraph they will find that it simply proposes to raise the salaries in certain specified cases. I hope we will not undertake to raise salaries anyw ere; particularly in cases of this kind. The question was taken; and there were, upon a ivision ayes 32.
Mr. WASHBUH.v 1, of Illinois. If the Gentfrom Pennsylvania [Mr. STEVENS] will consent that avote may be taken upon this amendment in the House I will not call for a vote on the other side, as I do not want to break up the committee by showing the want of a quorum.
Mr. STEVENS. I have no objection to that. So the amendment was declared to be rejected.
Mr. STEVENS. I move to amend this par agraph by striking out “$26, 400” and inserting “ $32, 700.” That is necessary to perfect the paragraph. The amendment was agreed to.
The Clerk read the following: For salaries of clerks and messengersin the office of AsstTreasurerat Boston.SEIOO. For salariesof additional clerksin the officeof the Asst Treasurer at Boston.619,000.
Mr. HOOPER, of Massachusetts. I move to amend by striking out all after the word “Boston” in the 1st para raph to the close of the 2nd paragraph, an inserting in lieu therefor the following: 823.200;Provided. That in lieu of the clerks hereto fore authorized.theAsstlreasurcrof the U.S. zit Boston is herebyauthorizedto appoint.with the approbation of the SecyTreasury. ono cliiet clerk at a salary of $3.00operanuum; one clerk at a salary of $2.50operannum: one dark at a salary of $2.000;two clerks at.a salary of $1.800 perannum each; 2 clerk: at nsnlar of $1.50operan num each: illX clerks at a salary of each; one $131!)perannum clerk at a salary of $1.00operannum: 2 clerks at it sularypj twill perunnum each; one perter at a snlurv 0t:10“perannum and one watchman at a salary o perannum.
Mr. WASHBURNE. of Illinois. Are there any other persons in Boston not provided for by the gent cinans amendment? [Laughter]
Mr. HOOPER, of Massachusetts. Myamendment does not add anything to the appropriation; it merely gives the present organization of the othee. The amount proposet o be appropriated by the bill as it now stands in this respect is SiTJOt); my amendment involves the appropriation of only $26, 200, or $1, 900less. My amendment is intended merely to make the law conform to the present organization.
Mr. wASHBURNE, of Illinois. Are there any additional officers created or salaries raised by the amendment proposed by the gentlenian from Massachusetts, [Mr. HOOIBR?
Mr. HOOPER, of Massachusetts. Not at all. It merely proposes to establish by law the present organization of the othee, at a less excuse by nearly 2000 dollars than the bill proposes as it now stands: Teamendment was agreed to.
Mr. GRINNELL. I move to amend by striking out in the appropriations for the Territory of Utah, lines 911 and 912, reading as follows: For salaries of Governor. chief justice. twoassoncipatjudges and secretary.812.000. I simply wish that appropriations for this Territory shall be deferred until some action shall be taken by Congress in reference to the subject of polygamy. A bill on that subject is, I understand, about to be reported by the ComJudiciary. No money shall, with my consent, be appropriated to those people at present. liir. STEVENS. This is not giving it to “those penile.” It is giving it to the Gentiles, whomt to Government sends there to hold the offices.
Mr. GRINNELL. As I understand, they are some others than Gentiles. The amendment was not agreed to.
Mr. GRINNELL. I move to amend by striking out lines 915, 916, and 917, as follows: For compensation and mileageof the member!of the Leiislative Assembly.officers.clerks and contin gent expenses of the Assembly. SISADO. It is not denied that the members of this Assembly are Mormons, living in flagrant violation of the cardinal principles of morality and decency. They are transgressing all the laws of civilization. I will not vote anything for them. The amendment was not agreed to.
Mr. STEVENS. I move to amend by inserting after the word “additional” in line 985, the word “temporary, so that the paragraph will read: For 2 additional temporary clerks of class one, The amendment was agreed to.
Mr. McRUER. I move to amend by striking out in line 995, the word “ten, ” and inserting in lieu thereof the word “tive;” so that the paragraph will read: Forlsiral assistanceand othernecessary special and extraordinary expnditures in the disposalof private land claims in Ca ifornia. $5, The amendment was agreed to.
Mr. STEVENS. I move to amend by striking out in line 1035 the word “four” and inserting in lieu thereof the word “ 5, ” so that the paragraph will road: For compensation to the laborerin charge of the water closetsin the Capitol, $538. The amendment was agreed to.
Mr. WASHBURNE, of Illinois. I move to amend by striking out lines 1092 and 1093, as follows: For the construction of a police telegraph. $151!”.
Mr. STEVENS. The committee do not know much about that.
Mr. KASSON. I desire to say that the committee, in passing upon this subject, had before them, as t to chairman of the committee may remember, a communication from the Dept of the Metropolitan Police, in Which, after a statement of the estimates for the pay of operators, superintendents. km, of the police telegraph, it is stated: " In addition to the above. Stillis necessary to pay for the police telcarniih which has been erected and in usefor over 12 months."
Mr. WASHBURNE, of Illinois. Well, let the cities of Washington and Georgetown pay for it. The amendment was agreed to.
Mr. STEVENS. I more that the committee rise, and report the bill to the House. The motion was agreed to. So the coniniitte rose; and the Speaker having resumed the chair, Mr. Cusxuxc repo that the ComWhole ou the state of the Union having had under consideration the bill (H.R.No. 213) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 80, 1867, had directed him to report the same with sundry amendments, and a recommendation that the bill pass.
Mr. STEVENS. I do not desire that this bill shall be acted on finally this evenin. If the House should adjourn now, the bil will come up in the morning as the unfinished business. CATTLE DISEASE.
Mr. BIDWELL. Mr. Speaker, I hold in my hand a communication addressed to me by the SecyState, relating to the cattle disease in Europe. An eminent agriculturist there, having successfull treated this disease, sends his experience to the SecyState, who has transmitted the communication to me as chairman of the ComAg. I ask unanimous consent to present this communication to the House, that it may be referred to the ComAg, and ordered to be printed. There was no objection; and the communication of the SecyState was read, as follows: Dun rumor or Sun. WASHINGTON.March 17.1866. Sta: I have the honor to incloseherewith for your information a cop of the communication which was addressedto the dept on the 21" ultimo. by Mr. Etriennc Mr. Veron. of Brussel smpon the subject of the cattle lague. I have the onor to bexour obedientservant., ILLIAM 11.SE“ ARI), SecyState; Hon. JOHN Biowxu. Chairmanof the ComAg.
The SPEAKER. If there be no objection, this communication will be referred to the ComAg, and ordered to be printed. There was no objection. EMIGRATION.
Mr. WASHBURNE, of Illinois, by unanimous consent. introduced a bill to amend an act entitled “An act to encourage emigration, ” approved July 4, 1864, and an act entitled “An act to regulate the carria e of passengers in steamships and other vesselh, approved March 3, 186 5, and for other purposes; which was read 1st and 2nd time, and referred to the ComCommerce. MAJOR GENERAL POPES REPORT.
Mr. WASHBURNE, of Illinois, by unanimous consent, submitted the following resolution; which was read, considered and agreed to: Remlved. That the SecyWar he directed to communicateto this House the report of Major GeneruJPope in regard to the condition and necessities of emigrantswest of Missouri. DEFICIENCY BILL. On motion of
Mr. STEVENS the amendments of the Senate to the deficiency appropriation bill were taken from the Speaker s to lie, and referred to the ComAppropriat. THEODORE G. EISWALD. On motion of
Mr. JENCKES. Senate bill No. 150, for the relief of Theodore G. Eiswnld, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComClaims and then, on motion of Mr. WASHBURNE, of Illinois, (at 5 oclock and 15 minutes p. m.) the House adjourned.
Mr. Coloncy. ltlUWof the late Major Josiah B. Colo ney.ot the lirst Maryland Veteran volunteer infantry. praying for an increaseof pension. By Mr. PRICE: The petition of eitisons of Linn and Buchanan counties. Iowa. asking for the utablishment of a mail route from Marion. Linn county. to Winthrop in Buchanan county. By Mr. RAYMOND: The petition of Henry 0010 man. late seamenon boardof U.S. transport McClellan. for an lDVnlltl pension. Also.the etition of Joliii Buttiu and others monu facturers o agricultural implements.in the State of NewYork. praying for an amendment anils qualization of the tax laws in relation to their DUMBO“., By Mr. SPALDING: The ictition of N. B. Sher win Madison Kelley and ot crs. asst assessprs in the 18th district of Ohio. asking for an increaseof compensation. By Mr.V.N AERNAM: The petition of123citizens. romiuent businessmenof Chautauquacounty NewYork. praying Congressto enact just and equal laws regulslaot.itn hgeirnetseor luSttiaotnes ionfstuhiean Legislature of the State of NewYork relative to the construction of a ship canal across Kcwcenaw Point. Lake SUDUHOX. Also, the resolutions adopted fata meetingof the soldiers seamen.and inarineshc d in the cit of Phil adelphia, Pennsylvania. on the 10thday of hcbruary. 1866.callin upon Congressfor the passageof an act c naming ountics. y Mr. VELKER: The petition of William Bel nap.R. P. R edick and 1.117 others.citizensof Wayne county.Oliip. asking protection to wool growers against foreign competition and that a duty of not lessthan ten cents perpound specific duty and 10%. Ad calm ombe levied forthat purposeupon all foreign wools competingwith home production. By Mr. WILSON of IowaqThe petition of the asstassessors of the 1st district of Iowa. praying for an.increaseof compensation.
@@@IN SENATE SENATE. Tunsnn, March 20, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. FESSENDEN, from the ComFinance, to whom was referred a bill (H.R.N o. 37) making appropriations for the support of the Military Academy for the year ending the 30th of Jone. 1867, rerted itwithamendments.
Mr. BROWN submitted informally an ainendment which he proposes to offer asa substitute for the bill (S.No.as) to authoriZe the construction of a bridge across the Mississippi river at the city of Stouis, State of Missouri, on at the city of East StLouis, State of Illinois; which was ordered to be printed. RELIEF OF DESTITUTB COLORED PEOPLE.
Mr. MORRILL. I am directed by the ComDistCol to report a JtResolution (S.R.No. 49) for the tempo rary relief of destitute colored people in the DistCol, and I ask or its present consideration. The JtResolution was read a 1st time by its title, and passed to a 2nd reading.
Mr. SAULSBBURY. I wish to offer an amendment to the resolution, to make an appropriation for the destitute white people of the DistCol.
The President protempore. It is not yet in a condition to be amended. The Senfrom Maine asks for the present consideration of the resolution. The 1st question is, Is there any objection to the consideration of the resolution?
Mr. MORRILL. I hope the Senator will allow us to consider it, and then he can offer his amendment.
Mr. MORRILL. I understand the objection is withdrawn.
The President protempore. No objection being made, the JtResolution will now be read a 2nd time. The JtResolution was read the 2nd time by its title, and considered as in ComWhole. It appropriates $26,000 for the relief of the destitute colored population in the DistCol, to be expended under the direction of the Commissioner of the Freedmens Bureau.
Mr. MORRILL. I ought in justice to the Senate, I so pose, to state the condition of the people for whose relief this resolution is introduced. It is the result of an inquiry made by the ComDistCol into the condition of these colored people. There are some ten or 15,000 of these people that have been thrown into this city from the adjoining States, und they are existing here in a state of almost utter destitution, inconceivable suffering, and want. The committee have made their condition the subject of personal inspection, and have come to the conclusion that as an act of humanity to these people, as well as a matter of security to the public health. it is absolutely indispensable that some immediate relief should be had for these people. They are now gathered in colonies on the skirts of the city, in some insance s closelupon the thickly settled parts of the city, and they are literally breeding disease and death. As a inctter of securit, as well as a matter of humanity, I am satisfie that this tem orary relief ought to be granted. I will sea to the Clerk the report of the superintendent of the Metropol itan Police, whoseattention was brought to this subject, and who was requested to make an inspection of the condition of these people, and I ask that it may be read.
The President protempore. The paperwill be read if there be no objection.
Mr. SAULSBURY. I propose to amend the JtResolution by adding the following: and that a like sum is herebyap propriated for the temporary relief of the destitutew ite people residing in said District, to be expendedunder the direction of the mayor of the city of Washington.
Mr. WILLEY. I believe it is in order before taking the vote on the amendment of the Senfrom Delaware to perfect the original proposition.
THE PRESIDENT protem ore. The question will 1st be on the amendment of the Senfrom Delaware.
Mr. WILLEY. I suggest to the Senfrom Delaware that his object would be accomplished by simply striking out the word “ colored” from the original proposition, so as to leave simply an appropriation of $25,000 to be a lied under the direction of the officer of thb Freedmens Bureau designated for the relief of the destitute population of this city, leaving it to his discretion to apply it either to the white or black population as tcexi Yencies of the case might indicate as proper. The proposition of the Senfrom c aware is to make an additional appropriation of $25,000, which, added to the appropriation in the original resolution, would make the aggregate sum of $50,000. I think the necessities of the case do not demand so large an appropriation, and that by striking out the word “ colored” in the original proposition, so as to leave simplyan appropriation of $25,000 to be CXpOlldet for the relief of the destitute poulation of the city, including both black and white, it would accomplish the ob ect proposed by the resolution in its original orm, and accomplish what seems to be the purpose of the Senfrom Delaware also. I made that suggestion to him. I shall feel under the necessity of votin against the amendment of the Senfrom elawarc, if it is pressed, with the understanding, however, that if it fails, I shall then move to strike out the word“ colored” from the original proposition.
Mr. SAULSBURY. feel under great obligations to the honorable Senfrom WestVirginia for his suggestion; but, sir, I cannot accept it, and for this simple reason: the resolutiOn as it stands leaves the distribution of this aid to the Freedmens Bureau. If you pass the resolution and strike out the word colored, ” but leaving the distribution of your alms to be made bteFreedmens Bureau, we know very well who are to be the recipients of your favor. No destitute white person is to be the recipient of your bounty, but the Freedmens Bureau will distribute it all among the negro population. For that reasonI cannot consenttoany such proposition. lfitwas proposed to appropriate 25,000for the relief of the dos titute people of the DistCol, to be distributed by the mayor of the city of Washington, I would have no objection to that; but while you keep it for distribution in the hands of the Freedmens Bureau I cannot consent to accept the amendment.
Mr. WILLEY. Where the Freedmens bureau is in operation, I believe the beauties of that organization are extended to the destitute of both colors alike. I do not see any impro priety in selecting that agent to distribute this ounty to the negroes. Now, sir, this question goes further than merely the relief of these destitute poor; it affects ourselves; and I am satisfied that unless this relief is afforded and the thing contemplated by the resolution is accomplished in some way or other, in the event the cholera should reach this city early in the season, the deliberations of Congress must necessarily be interru ted. My information is such and I have to en pains to be well informed on the subject that these dens of poor creatures will be the very fountain bends and seat of conta gion disease, and death; that if pestilence reaches this cityit will foster there, and it will spread, and not merely this destitute population will fall victims to it, but the whole population of the city must necessarily be affected. As an indispensable sanitary regulation, this appropriation is necessary in order that we may remove the sources and causes of conta gion and disorder in this cit. Itrust the Senfrom Delaware will not interpose an objection, but will allow the agent. of the Freedmens Bureau, who will no doubt be a very competent and benevolent gentle: man, to distribute these funds, if the appropriation should be made, both to the whites and the blacks of this city as the necessity of the case may appear to him to demand. I have no particular choicein the selection of the agent. If some other agent could be selected who is qualified to execute the duty imposed upon him. I would have no objection, but it must be obvious to the Senfrom Delaware that the principal portion of the destitute of this city consists in the black population and therefore there i an obvious necessity for selecting the ent indicated.
The President protempera. Is the senate ready for the question on the amendment proposed by the Senfrom Delaware?
Mr. SA LSBURY. On that question I ask for the yeas&nays. The yeas and no s were ordered.
Mr. ANTHON. I should like to have the amendment reported again.
The Secretary read the amendment. to add at the end of the resolution the followmg: and that alike sum is hereby appropriated for the temporary relief of destitute white people in said District. to be expendedunder the direction of the mayor of the city of Washington.
Skip Skip The guestion being taken by yeas&nays, resulte yeas3. nziys 32; ABSENT 15. So the amendment was rejected.
Mr. WILLEY. I now propose to amend the resolution by striking out the word “colored” before the word “population.”
Mr. MORRILL. I have no objection to that amendment, and will accept it and modify the resolution accordingly, if I have the power to do so.
The President protempore. Where a bill or JtResolution is reported from a committee, unless the committee recommend an amendment, the Chair is of the opinion that the chairman of the committee cannot, technically, accc than amendment.
The PRESIDENT o temporc. The question is on the amendment proposed by the Senfrom WestVirginia. The amendment was agreed to.
Mr. DAVIS. I olfer an amendment, to insert as an additional section the following: Abife: That the corporate nu thorities of this District be and they are hereby. authorized to find proper service and employment for all able bodied black or colored people in this gstrict. either ine r out of the District; and that.000be and is hereby, BPPropriated to pay the attending expenses.
Mr. MORRILL. There is no necessity for that and I hope the amendment will not be agreed to.
Mr. KIRKWOOD. I move to amend the amendment by striking out the words “black or colored.” I do not see why a white man should not work as well as a black man.
Mr. DAVIS. On that I ask the yeas and no. s. The yeas&nays were not ordered. The amendment to the amendment was agreed to.
Mr. SHERMAN. Now, I should like to have the amendment. as amended, read.
The Secretary read it, as follows: and be iffurther resolved.That the corporate au tthhoorriiztieeds toof this District be and they are hereby. au all find properservice and employment for of tahbeleD bisotdriicetd;paenopdlethinatthis District. eitherin or out 85.000he and is appropriated hereby. to pay the attending expenses.
Mr. GRIMES. I call for the yeas&nays 0n the amendment as amended. The ycas&nays were ordered.
Mr. CONNESS. I move to amend the amendment by inserting after the word “ authorized” the words “and required.” [“ Oh, no!"] There appears to be a general request to withdraw the amendment to the amendnientandl withdraw it.
Mr. NESMITH. Imove to amend the amendment by inserting after the words “ ablebodied people” the words “ excluding members of ongress." [Laughter] The amendment to the amendment was rejected.
The President protempore. The question now is on the amendment proposed by the Senfrom Kentucky as amended. the question being taken by yeas&nays, resulte yeas 5, nays 83; ABSENT 12. So the amendment was rejected.
Mr. SAULSBURY. I move to strike out the words “Commissioner of the Freedmens Bureau” and to insert “ mayor of the city of Washington, ” so as to leave the expenditure of this money under the direction of the mayor of the city of Washington instead, of the commissioner of the Freedmens Bureau. The amendment was rejected. The JtResolution was reported to the Senate as amended, and the amendment made as in ComWhole was concurred in. The JtResolution was ordered to be engrossed for a 3rd reading, and was read the 3rd time.
Mr. SAULSBURY. I ask for the yeas and no s on the passage of the JtResolution. The yeas&nays were ordered; and being taken, resulted fleas 33, nays 5; ABSENT 12. So the JtResolution was passed.
Mr. MORRILL. The title should be amended to correspond with the resolution by striking out the word “ colored.”.
The President protempore. It will be so amended to correspond with the character of the resolution. ORDER OF BUSINESS.
Mr. FESSENDEN. With the leave of the Senate, I desire now totake up and finish the na val appropriation bill, which was nearly finished on Friday last. I presume it will take but a very short time to dispose of it. All the amendments proposed by the ComFinance and by outside committees were acted upon, and the further consideration of the bill was deferred for the purpose of giving the Senfrom RhdIsland [Mr. ANTHONY] an opportunity to offer an amendment. I should like to dispose of that bill today.
Mr. NYE. I hope the Senfrom Maine will allow me to passe. little bill which will take but a moment and lead to no debate. Mr. FESSENDEN. If I were to give way to the Senfrom Nevada, I should lose my chance. If the naval appropriation bill is taken up, I shall not object to its being laid aside informally to enable the Senator to take up his bill, if it will lead to no debate. I
Mr. CHANDLER. The Senfrom Maine has not more than ten 2nds of a chance. There is a special order for one oclock, which will put his chance aside.
Mr. CHANDLER. This day has been as signed to the ComCommerce for the consideration of the bills reported by that committee.
Mr. FESSENDEN. If it is not very important that the ComCommerce should go on with their business immediately, I should like to finish the naval appropriation bill in order that it may be sent back to the House. I think it will take but a short time.
Mr. CHANDLER. If it will not occupy much time I will not object.
Mr. FESSENDEN. I do not know of any amendment to be proposed to it except one by the honorable Senfrom RhdIsland. [Mr. AxruosY] and my friendfrom Iowa [Mr. GBIMES] informs me that he has an amendment to which probably there will be no objection. I cannot tell how long it will take, but we finished the bill substantiall the other day.
Mr. CHANDLER. Then I will move to take up the special order for today; and when it has been taken up, it may be laid aside informally. I move to take up House bill No.184.
The President protempera. Does the Senfrom Maine withdraw the motion made by him?
Mr. FESSENDEN. I will notinterfere with the honorable Senfrom Mich n without his consent if today was assi ned tor the consideration of his business. I0not propose to meddle with the order of business uness he agrees to it.
Mr. CHANDLER. I only want my business taken up and then let it be laid aside informally for the purpose of taking up the appropriation bill referre to by the Senfrom Maine. I move to take up bill H.R.No. 184. to authorize the sale of marine hospitals and revenuecutters. The motion was agreed to.
Mr. CHANDLER. Now, letit belaid aside informally to accommodate the Senfrom Iaine.
The President protempore. That can be done by the unanimous consent of the senate. the Chair hears no objection. NAVAL APPROPRIATION BILL.
Mr. FESSENDEN. I move to take up the Navy appropriation bill. The motion was agreed to; and the Senate resumed the consideration of the bill (H.R.No. 122) making appropriations for the naval service for the year ending 30th June, 1867.
Mr. SHERMAN. I merely rise to suggest to the Senator whether he had not better add a clause (providing that the money shall not be expende at Annapolis unless the report be favorable to that location. It provides that the money shall not be expende until the report shall have been made; let him add, “ and shall not be exended at Annapolis unless the report should he in favor of that place, ” or words to that effect.
Mr. ANTHONY. I supposed that would follow as a matter of course.
Mr. ANTHONY. I will alter the amendment at the suggestion of the Senfrom Ohio, by adding the words “nor until the board shall recommend the present location.”
Mr. GRHIES. I will not say that I am surprised at the amendment that is offered by the Senfrom RhdIsland, because I was informed by him in advance that he would offer such a proposition; but it would strike me as rather strange that any Senator, unless it be a Senfrom RhdIsland where the Academy for awhile was temporarily located, should offer a proposition of this kind. It is very true that the SecyNav has proposed to change the location of the cad emf. It is also true that he is anxious to take it own on to the waters of James river, into the vicinity of N ewport News, to which I have told him that I was unalterably opposed. I have told him also that I was satised that a large majority, almost the unanimous voice of the Senate, was against it. He, of course, in his effort to carry out his views, to get the Academy transferred to Newport News, where he proposed to buy from 1,000 to 1500 acres of land, has assigned various reasons why it ought not t be continued at the present place. I believe that nearly every.one of those reasons is fallacious. speaks in favor o Annapolis, and I In the 1st place, I am convinced that there is nearly as much land at Annapolis, or will be when we make the additions which we have made the appropriations to purchase, as there is at West oint; I mean land that is available. I know that the Government owns large tracts of land at WestPoint of, an almost mountain ous character, that even agoat or a cliamois can hardly travel over; but I am speaking of that portion of the ground that is suse eptible of use by the cadets. In the 2nd place, we do not need half the ground at.the aval Academy that is needed at the Military Academy. We do not have any cavalry exercises; we do not teach our boys horsemanship, or anything of that kind.
Mr. GRIMES. Horsemanship! No; I beg the Senators pardon, we do not. We try to teach them to be sea horses themselves. [Laughter] Their business is to learn to navigate ship s, and not to manage horses. I know, Mr. President, very well, that there are some objections in the minds of some people to having the Academy so near a town. I do not think that it is so very objectionable. These young men cannot pass from the Academy grounds into the town without assing by a sentinel. It is competent for the Superintendent of the Academy to establish his own regulations as to the terms and the times when the shall be permitted to go outside of the Ace cmy; and he establishes those rules. I do not think that the Secretary has exhibited his usual good judgment in proposing to take the Academy away from Annapolis and car it down into a country where there is nobody, remote from all civilization, where there is not a vil lage within 30 miles, I believe; to isolate them entirely from all civilization; and I have had no hesitation in saying so; and although I am in the habit. as a general thing, of concur ring with him, forI think that his ndgment on most things is correct, yet upon this subject I have no hesitation in saying that I am convinced that he is most decidedly in error. Now, what is it that is proposed by the Senfrom RhdIsland? That we shall let things remain exactly as they are at Annapolis untiIafter a commission shall be a pointed, 2 ofwhom he selects. one ofwhom, Ipresume, he supposes to be in favor of taking the Academy to hewport or some of the islands of Narragan set bay I infer that, at least, and I think it is a legitimate inference. Perhaps he judges that both of them are in favor of it
Mr. ANTHONY. I think the are very sensible men, and therefore would be likely to be.
Mr. GRIMES. He proposes that everything shall remainin statuguo at Annapolis; that the young bo 1 now sic ly because the are confined on oard vessels where they live almost the whole time, except on Sundays or when they go out to take a little military exercise, shall remain there for an indefinite period until this board shall have had an opportunity to go up and down the whole coast and shall have agreed upon a place to which the Academy shall be removed, and that action of the board shall have been ratified by the SecyNavy and buildings of a properdese rition shall have been erected to which they can e transferred. I do not think the Senate is prepared to adopt any such proposition. Mr. President, I have no sort of artialit for Annapolis; I have no great regard for ary land; I think I am capable of ooking at this question of the location of the Naval Academy with "rent disinterestedness. I believe that it is now Ioented where it ought to be. The grounds are notquite as capacious as they ought to be, but we have made provision in the bill now under consideration, by an amendment which was adopted with great.unanimity by the Senate, to enlarge them to an extent to which I believe it is necessary they should be enlarged. I think the climate, the location, every thing connected with the present site, with the exception of the s aciousness of the graovuendns, o question that with the $50,000 we have appropriated to enlarge the grounds we shall acquire all the territory that we desire. I trust this amendment will not receive the concurrence of the Senate, and I have no idea that it will.
Mr. ANTHONY. I have very great respect for the opinion of the Senfrom Iowa upon naval affairs, and I have very great respect for the opinion of the SecyNavy upon naval affairs. They are diametrically opposite upon this point. As I do not wish to ecide and do not. wish the Senate to injure the feelings of either of them by deciding against him, Ipropose that we refer this matter to men who know more about it than either of them can know. I propose that we refer it to a board of naval officers in whose abilitv and imartiality the country will have the highest conidence. I ask the chairman of the ComFinance if he wishes to have an appropriation of $200,000 now, which, in the opinion of the SecyNavy, must be increased to a great deal more than $800,000, to be expended upon a place where, in the judgment of the SecyNavy, the Academy ought not to be.
Mr. GRIMES. The Senator will allow me to say just at this point that I have letters in my des from the SecyNavy asking for every one of the appropriations the Senator objects to. He may set off one against the other.
Mr. ANTHONY. One is not a set oil"against the other, for undoubtedly if the Academy is to be kept at Annapolis these appropriations are proper, and I should vote for them if it is to he kept there. Wherever the Academy is, it is necessary to expend a great deal more than $800,000; so says the Secretary. I have made no estimate myself and I am not capable of making estimates on such a subject; t iat is the information he sends to us, and he undoubtedly has arrived at that judgment from consultation with naval officers. 2 years a O when, on the motion of the Senfrom own, we inserted an amendment in the naval appropriation bill directing the Academy to be removed from Newport to Annapolis, I said that the exease of erecting suitable accommodations iiir the Academy would be so great, either at Annapolis or Newport, or anywhere else, that the buildings a] ready erected at Annapolis could not be taken into the account except as to the expense of tearing them down; and thenthe Senfrom Iowa told me the whole expense would be but $20,000, and ct now he bringsin amendments on this bill or an expenditure of $200,000. This shows that he, as well as the SecyNavy, may be mistaken upon naval matters. Is it. not fair and properthat in selecting the location of the institution which is to become the nurse for the naval Officers of the country for alI time, we should be sure that we have the best place? What is the harm of this commission? If the commission decides that Annapolis is the best place I shall submit to it; if it decides that Annapolis is not the best place every Senator here, including the Senfrom Iowa himself would yied to such an authority, and would be in favor of pnttin it elsewhere. I hope that so large a sum of money will not be expended upon any doubtful location.
Mr. FESSENDEN. As the Senfrom RhdIsland has appealed to me I will say that I do not follow every great idea that the Secreta may have in his mind. If I have been ritg tly informed, the 1st idea of the SecyNavy, when he proposed to remove the Academy, was to take it down to Newport News. Mr.ANTHONY. He does not state so.
Mr. FESSENDEN. He does not say so in the report before the Senator; he may have abandoned that idea. Iain satisfied myself that Annapolis is a very fit and properplace for it. It has been there heretofore, and With the purchases that are proposed by the amendments made to this bill, the present location will be sufficient. I think it of consequence to have at Annapolis this matter settled, and not to have a wandering commission of naval officers to go around to see if they cannot find some place where we can spend a great deal more money. I think it best to settle the matter, to make these appropriations, and have no more to say about the location of the Academy. That is my delib erate judgment.
Mr. ANTHONY. One word in regard to the time to be consumed. It seems to be as sumed that this commission is oing to occupy a good deal oftime. I think the time would be very well spent if it did; but the whole thing can be done in 2 months; and as the annual cruise commences about the 1st of June, the buildings can be done as soon as they are required after the report of this commission.
Mr. FESSENDEL. They cannot be finished in one year.
Mr. ANTHONY. If we are to lay out a great deal more than 800,000 dollars, and the SecyNavy is in favor of one plan, and the chairman of the ComNavAffrs is in flavor of another plan, I think we had better appoint um pires of the highest capacity to decide between them before the money is laid out.
Mr. GRIMES. The plan proposed by the Senfrom RhdIsland is not the Secretarys plan. The Secretary proposes that it be left to the Dept to select a site. It may be true that ie desires to expend $800,000. I do not propose to do any such thing. I have suggested to the Senate what I believe is the most economical way of disposing of this question. I have proposed that we add 8100.000 for the erection of a new building which it eems Commodore Blake thought would cost $800,000.
Mr. GRIMES. What was it that he made the estimate about?
Mr. ANTHONY. He thought that the whole expenditure to make it worthy of the country would be $800000, and my friendfrom Iowa thought it would be $20,000, and yet he now asks for $200.000.
Mr. GRIMES. Oh, no, Mr. President. I can only account for the gentleman s statements by the zeal he manifests.
Mr. GRIMES. I stated that it would cost $20,000 perhaps to remove the Academy back to Annapolis. The Senator has a reference to what I said in the Globe before him let him read it. I said it would cost that much to bring the Academy back, that that would be the expense of transportation. I do not think I could have said anything else than that. The Senator can see for himself; he has the Globe before m.
Mr. ANTHONY. I was trying to find the chute.
Mr. GRIMES. Iwill assume that that was what I did say, that it would cost $20,000 for transportation to bring the materials we had at Newport back to Annapolis. I never said it would not cost $20,000 to fit up the buildings that had been occupied by the Army as hospitals and after the partitions had been thrown down in order to give a free circulation of air. I did not know what that would cost, and I would not be foolish enough to make a statement in the presence of the Senate that any particular sum would be the exact amount that would be required. ow, sir, I propose to retain this Academy because, as I said before, I believe it is in the proper climate, it isin the right location, centra to our country, and near the seat of Government; and we have already expended in the purchase of the grounds at Annap olis and in the construction of buildings there more than 900,000 dol ars. I do not propose, I do not think it is the dictate of economy, to throw away all the money that has been expended there and appoint a roving commission to travel around over the country to see if they cannotfind aplace where they can again expend a similar sum for the same purse. poMr. ANTHONY. I ask for the yeas and pays on my amendment. The yeas&nays were ordered; and being taken, resulted years 6, nays 32; ABSENT 13. So the amendment was rejected.
Mr. GRIMES. I have a few more amendments to offer in addition to those which I submitted the other day. The 1st amendment which I offer now is to insert after line 291: For the construction of a leveo on the river front of the Government property at Mound Qity, Illinois. During the war the Government acquired title to some pro(perty at Mound City in the State of Illinois, an it is still continued as a depot for naval purposes. It is probably known to my friendfrom Illinois [Mr. Tnunaum] that they sometimes have tolerably high water there, as I undertook to prove to him on a former occasion. The city as constructed nlevee, according to the plan which I have before me, around the whole town, in the rear of it and in front of it, leaving, however. a vacant space in front of the naval depot. Their levee, which they have exended between 70 and 80,000 dollars to construct, is useless to 1. mm unless we make a levee along our water front. This amendment is moved in accordance with aletter from the commandant there, Commodore Sehenck and a letter from the head of the Bureau of Yards and Docks; and it is simply to authorize the Navy Dept to build a levee along, abreast of, and in front of ouh property.
Mr. GRIMES. 7,000 dollars is the estimate. The amendment was agreed to.
Mr. GRIMES. I offer another amendment as a new section: Abife: That the officeof asst llLllilyhBellleolflu Ordnance be, and the same is hereby. aois. The amendment was agreed to.
Mr. GRIMES. I offer this amendment to come in after line 291: llegopay mileage of Visitors to the Naval Academy. I have a letter before me from the chief of the Bureau of Navigation, Commodore Jenkins, sa ug that by an oversight this item had been le out of the estimates. The amendment was agreed to.
Mr. GRIMES. On Friday when this bill was under consideration an amendment was adopted appropriating $2,000 for the extension of the chapel at the Naval Academy. I olier this now as a substitute for that proposition
Mr. FESSENDEN. You will 1st have to reconsider the vote adopting that.
Mr. GRIMES. Wel, Ioffer this amendment to take the place of that: For the chin. ement of the chapel at the Naval Academy and or the erection of mural tablets therein to commemoratethe memoryof naval oth cers who hav sacrificedtheir lives in the service of the country. 7.(X)0r
Mr. FESSENDEN. Whyis the sum changed? TheSenator got all he desired the other ay, I thought.
Mr. GRIMES. I did; but I have a letter from the chaplain and from the admiral in charge, received on Sunday, after the appropriation referred to had been adopted an after it was known what it was at the Academ, asking that we should appropriate $20,000 or the purpose of building a new chapel. I have been there and examined the chapel, and I have done some building in mytime, and I do not believe that it is necessary to builda new chapel at the Academy, and I believe that $7,000 will not onlyeularge the cha el toa sufficient capacity but will enable in addition these mural tablets ormonuments to be made, prepared, and erected in this extension, and hereafter, when a new chapel shall become necessary, the can be taken out and put into the new cha e. They think that an appropriation much linger than that which I have proposed, just about 3 times as large, should e made, but I shall ask for only the amount named in this amendment. The PRESIDENT protempera. Does the Senator ask that the fgrmer amendment shall be reconsidered?
Mr. FESSENDEN. Then it is a question for the Senate to decide whether theythink it proper to appropriate $5,000 for the sake of making the mural tablets that are proposed.
Mr. GRIMES. So far as the HoRep are concerned, that system has been established in the military bill sent to us from that body.
Mr. FESSENDEN. I reported the WestPoint bill this morning. I will see whether there is anything of that kind there. I think the Senator is mistaken about it.
Mr. GRIMES. Even ifI be mistaken I think it would be most properin every respect that the Government should do it as an incentive to the young men who are to sit. in that chapel during the religious services in the 4 years of their probationary course there, to see some commemoration of the virtues of those men who have fallen in defense of their count; but I am satisfied that it was adopted by l the House for I remember reading it.
The President protempers. it is moved that the Senate reconsider the vote by which they concurred in the amendment made as in ComWhole, appropriating $2,000 for the enlargement and extension of the chapel at the Naval Academ.
Mr. FESSENDENI I am willing. to take the sense of the Senate. The mtR agreed to.
The President proiempore. The question now is on that amendment. The amendment was not concurred in.
The President protempore. The question is on the amendment now offered by the Senfrom Iowa. The amendment was agreed to.
Mr. GRIMES. I offer the following amendment as a new section: Abife:, That for the purpose of settling the accounts of disbursing Officers of the Navy where paymentsfor coptipgent expenseshave beenmade from the appropriation for the pay of the Navy prior to the passageof the net iniikingsappropriations for the fiscal year ending June 30, the SecyTreasury be, and he is hereby, nu thorized to transfer from the appropriation for the pay of the Navy to the appropriation for contingen cics, the sum of $245, 904 2. The amendment was agreed to.
Mr. GRIMES. I offer the following: Abife:, That the approved August 81.1&32f or surveys and reconnaissauoesfor naval and commercial purposes. of such parts of Behring strait of the North Pacific ocean and of the China sensas are frequentedby American whale ships and by trading vesselsin their routes botweep the U.S and China. be and the same is hereby, revived; and the SecyNavy is hereby authorized and requirqd to recommencon nd continue snrve s and reconnaissancesin the Pacific ocean.not yet ully examined.by using such vessels, Officers.crews, outfits and supplies of the Navy as may be necessary and available for that service.
Mr. FESSENDEN. I am in some doubt about that. I should like to know why the former act was repealed. The Senfrom Iowa, I suppose, knows the histor of it; it is a new subject entirely to me. I do not know but that it is all right, but I should like an exlanation from the Senator.
Mr. GRIMES. I did not suppose it would be necessary for me to enter into every mmute explanation of this proposition, because I am not so familiar with the commercial service as the Senator himself, or asare most of the members of the body. The amendment was handed to me by the chief of the Bureau of Navition, Commodore Jenkins, with the map be ore us, I showing the large number of dangers that are known to exist, but which have not been surveyed, in the China waters; and he adds, in a note. that about 200 reported additional dangers are to be added in thenext edition of this map. This Government a few years ago sent out an expedition under Commodore Ringgold and Commodore Rodgers, who surveyedaportion of this ocean, the part that has no dangers marked on it on this map, so that very accurate maps have been made of it, and very few accidents happen to the commercial service that navigate those waters; but the large expanse of water where these several hundred dangers are marked as shoals, &c., has never been surveyed. I understand that this proposition will not add a dollar to the expenses of the governm nt. It authorizes the SecyNavy O employ such vessels as he now has in his employ, and I suppose it will be no disadvantage to the Government in any regard; certainly it will not be to the Navy to allow onc or 2 of the smaller vessels that are employed in the China seas or in the Pacific squadron to make surveys, one above and one below.
Mr. FESSENDEN. If it is to cost nothing I have no objection to it. I The amendment was agreed to.
Mr. GRIMES. I offer one more amendment: A nrlbeilfurlhn enacted, That hereafterno vacancy in the grade of professorof mathematicsin the Navy shall be filled, but in lieu thereof the secyNavy may, and hois hereby authorized and required to, employsuch personsskilled in the respectivese i entific branches and callings to perform the duties of professorsand asstlprofessorsIn the branches of mathematics, natural ilosophy. French, Span ish and drawmg at the i aval Academy.suchastron omers, asst astronomers and alds at the Naval Observatory, and such computers and asstsfor the Nautical Almanacas the extgenciesof the public service may from time to time require.
Mr. FESSENDEN. Thatis rather a broad power. p
Mr. SAULSBURY. May I ask the Senfrom Iowa what is the object of that amendment?
Mr. GRIMES. I will explain it. By law there are now 12 professors of mathemat ics on the active list and 3 on the retired list. The purpose of this amendment is to do away with professors of mathematics in the Navy entirel; to let the duties of a professor of mathematics, for example at the Naval Observatory, he performed by a naval officer instead of giving a commission to aprofessor of mathematics who shall always be in the public service, and who, when he reaches a certain age or a certain degree of infirmity, shall go on the retired list and there remain a pubhc expense, and perhaps, in the estimation of the country. a public burden upon the Government. It does not interfere with the professors nowin existence; it merely says that from this time forward professors shall not be appointed as professors have heretofore been, and commissioned, but that the Secretary shall be authorized to do precisely as he is now doing when it becomes necessary, employ a civilian to instruct in mathematics at the Naval Academy or at the Observatory. He is doing that now arid has been doin it for years. This gives him no new power in that regard and hence it was unnecessary that the latter clause should H have been added to the amendment. Instead of being compelled to keep these men always it is proposed that if we become satisfied thai nstcad of a man being a good mathematician dagoodinstructor, heisnota goodinstructor, "rt capable of managing the oys or impart ie instructiond that is rlieeded, l then them t may O precisey as aapr tctrustees college can do, turn him off Qnt man. RY. Let me ask, has the SecyNavy not the power, if he find a mathematical professor is not competent, to apoint some one else?
Mr. GRIMES. I think not. He is a commissioned officer, he has a life estate in his Office. When they are incompetent they are put on the retired list, and we pay them several hundred dollars a year for doing nothing.
Mr. FESSENDEN. There is no objection to the 1st art of the amendment if the comNavAffrs recommend it, but the last part ives the Secretary the power to employ at al these establishments, the Naval observatory, the Nautical Almanac, and the Naval Academy just the number of civilians as instructors and teachers in the different branches that he sees fit. It does not confine his choice to those already in the Navy, but provides for vacancies being filled, and gives a broad power to employ anybody that he pleases and to any extent that he pleases. Thatis the amount of it. It is an authority that we do not confer on any of ourinstitutions to myknowledge. If the Secretary will read the amendment again the Senate will see that at all these places the power is given indefinitely and unlimitedly to employ any number of teachers in any of these branches at the Naval Academy, at the Observatory here in Washington, and upon the Nautical Almanac, and in French and in drawing, &c. That is a very extensive power. If they want additional instructors a regular application should be made, and then we could act on an appropriation to meet it. That is the way they do at W est Point. This provision is unlimited as it stands.
Mr. GRIMES. I assent to the proposition of the Senfrom Maine to strike off the latter part of the amendment.
Mr. FESSENDEN. Strike out all except the revision against filling vacancies.
Mr. GRIMES. I want to say, however, that he is mistaken in regard to the law.
Mr. FESSENDEN. Iam not speakingabout the law, but of the power given in this amendment.
Mr. GRIMES. What I propose to say is, that the Senator is mistaken as to the power already existing, and that is the reason why I am content to strikeed the latter part of the section. If he will turn to page 96 of the Naval Register he will see that this very power has been exercised all along.
Mr. FESSENDEN. That does not prove that there is a law for it.
Mr. GRIMES. But there is a law for it, because I know it. The amendment, as modified, was agreed to, as follows: Amibr irfurlher rnllcled, That hereafterno vacancy in the gradeof professorof mathematicsin theNavy shall be filled.
Mr. SPRAGUE. I ask leave to propose an amendment to come in after the wor “dollars” in line 99: Provided, That in the purchase of carpets and furniture iemparnovuifdaeedturfoer. in this act, they shall be of
Mr. SPRAGUE. I want it in this bill. It is a mere recognition. The amendment was agreed to. The amendments were ordered to be engrossed and the bill to be read a 3rd time. he bill was read the 3rd time and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnnnsox, its Clerk, announced that the HoRep had passed a JtResolution (H.R.No.96) in relation to the public lands a pertaining to the armory at Spnngfield, in which rence of the Senate. ENROLLED BILL SIGNED. The message further announced that the Speaker of the HoRep had signed an enrolled bill (S. o. 54) to amend an not entitled “An act to incorporate a national military and naval asylum or the relief of the totally disabled Officers and men of the it requested the concur volunteer forces of the U.S.” and it was thereupon signed by The President protempore. HUMBOLDT CANAL COMPANY.
Skip Skip The bill was reported to the Senate, and or dered to be engrossed for a 3rd reading. It was read the 3rd time, and passed. HOUSE BILL REFERRED. The JtResolution from the HoRep (H.R.No. 96) in relation to teli) public lands appertaining to the armory at Springfield, was read twxce by its title, and referred to the ComMilAffrs . PRESIDENTIAL APYROVAL or A BILL. A messa e from the POTUS, by Mr. WILLIAM G. Moons, his Secretary, announced that the POTUS had up oved and signed, on the 17th instant, an act ( . No. 33) in relation to the Court of Claims. APPRAISEMENT or rnronrs.
Mr. CHANDLER. The Senfrom Maine, [Mr. Fnssnxm z:] who has been called out of the Chamber, desires to be present when House bill NO. 184, which was taken up on my motion, is considered. I move, therefore, that that bill be laid aside informally, and I ask the Senate to take n Senate bill No. 89.
The PRESIDENT pro0 tempore. That course will be pursued, no objection being made. The Senate proceeded. asin ComWhole, to consider the bill (S.No.89) to amend the acts relating to officers employed in the examination of imported merchandise in the district of NewYorkgi.
Mr. CHANDLER. This bill was reputed in February, but as we are already in the month of March we must fix a later day for the act going into effect. I move to amend the amend mint lliy1striking “ out “March” and inserting ri.
Mr. HARRIS. I suggest to the Senfrom Michigan that he had better name May; the bill is yet to go through the other House.
Mr. CHANDLER. Very well; I will say ay. The amendment to the amendment; was adopted; and the amendment as amended was agreed to. The next amendment was to add the following, as an additional section: See. 9. Abife:, That if at any time. from an increaseof importations or from any other cause, there shall be found a on the floors of the public stores in the city of NewYork an accumulation of merchandise awaiting appraisement, it shall be the duty of the appraiser under regulations established by the SecyTreasury. to direct the asstappraisers, and others associatedwith them in this branch of thopublic business.to devote time beyo ndtho usual businesshours. ineachday.during daylight, to their respective duties to the end that the businessof appraisement may be faithfully and more promptly dispatched.
Mr. FESSENDEN. I should like to have an explanation of one clause in the 1st section, and it is also in the 2nd section. The 1st section provides for the appointment of an appraiser, “ who shall be practically acquainted with the quality and value of some; one or more of the chief articles of importa ition subject to appraisement;” and I notice, the same language in the 2nd section in re, gard to the asst a praisers. It strikes me that this provision wi i be productive of difficult. “hat is the use of it, anyhow? It
Mr. CHANDLER. The object is to have practical men employed in the nppraisement, and to let each one attend to his own specialty. If one man is conversant with dry goods, or with a particular kind of dry goods, let him appraise those goods; let another, whose spe cia ty is drugs, a praise dru s, and so on. Let each appraiser iie practice ly acquainted with the branch of merchandise which he is called upon to appraise.
Mr. FESSENDEN. I presumed that was the object, and it seems to me that in that it will fail, and it may do injury in some cases. My attention has been called to this point, not by any person, but perhaps on account of the interest I take in one person who is connected with the appraisers Office in the city of NewYork. This language, I suppose, will be construed to mean an individua who has been a dealer in these articles, and familiar with them; a purchaser or seller, or something of that kind.
Mr. CHANDLER. No; it is sufficient if he has had experience as an appraiser.
Mr. FESSLCDEN. But an appraiser of some one article.
Mr. FESSENDEN. Let me give a case. When I was SecyTreasury, I appointed as appraiser a man who had been in the customhouse for some time and was acquainted with business there. Iappointed him because l knew him and had known him for a great. man years from his boyhood in fact, and knew imto be aperfectlyupright, honest man, and a man of great industry and care. am told that he has made an admirable Officer, and has been of very great use to the office. He never was a dealer in anything. He was a lawyer originall. I believe there is not a word said inst im. On the contrary, every one thinks o is a good officer. Will not this provision remove him?
Mr. CHANDLER. derruanmnu;m, to be paid out of the the expensesof collect Not at all. If that man has had 2 or 3 years experience he may i be the very best appraiser that can be 80in l the whole U.S.
Mr. CHANDLER. But he has obtained practical knowledge by his exerience in the office; and in future wedo notintend that men shall be appointed who are not at the time of their appointment practically acquninted with the quality and value of the articles they are to apraise.
Mr. FESSENDEN. But this bill strikes out the existing otheers, and new appointments are to be made.
Mr. FESSENDEN. Therefore this bill would n pl to that man or to any other man situated lite him. The question with me is, what does this “ practical acquaintance" mean? He is an appraiser; does that fact give him a “practical naintance” in the sense of the bill?
Mr. CHANDLER. The most practical of all kinds of acquaintance is obtained in that we.
Mr. FESSENDEN. I fear it will not be so construed.
Mr. CHANDLER. Certainly it will, because the appraiser is continually, all the time, exam inin g the special article which he is called upon to appraise, and after one or 2 years expe rience he is the best man that could be selected.
Mr. FESSENDEN. I think it is better to strike out the clause; it will embarrass appointments.
Mr. CHANDLER. I am willing to put in words excepting men who have had a given amount of experience in the appraisers othee, say a year or 2 years. 1 would accept an amendment of that kind; but I think that for the future it is very important that no man be appointed as up raiser who has not practical knewledge; an if a man has acquired that practical knowledge in the appraisers office, I would rather continue him in that office than put in a new man. It is a matter of education; and it requires months, perhaps ears, to acquire that practical experience. Ivdo not think the objection of the Senfrom Maine is well taken; still, I am willing to accept an amendment such as I have suggested.
Mr. FESSENDEN. I think it had better be left to the appointing power in all cases to select the men. This clause, as to “practical” men would only cause confusion when the appoint in power came to act.
Mr. CHANDLER. My object, I confess, is to have none but men of practical experience appointed; and I think it a very important proVision.
Mr. FESSENDEN. I will move to amend the bill by inserting after the word “ who, ” in the 7th line of the 1st section, the words “has had experience as an appraiser, or who;” so that it will read: That the POTUS shall, by and With the advice and consent of the Senate. appoint for said port one appraiser, who has had expe rience as an nppraise r, or who shall be practically acquainted With the quality and value o some one or moreof the chief articles of importation subJectto appraiuement, 8:0.
Mr. FESSENDEN and then I shall also move the same amendment in the 2nd section, by inserting after the word “who, ” in the 4th line, the words “have had experieneg as appraisers, or who, ” so that it will rea: That in lieu of the asstnppyraisers now author ised by law for the port of NewYork, the SecyTreasury may appoint not exceeding ten as sistant.appraisersfor said port, who have had expep hence us apiraise rs or who shall be practically no qnainted wit.the quality and value of someone or more of the chief articles of importation subject to appraisemen t, Arc.
Mr. FESSENDEN. I suggest to the senator whether he has not some up rehensiou, even if the bill should be amende as I now propose, if it is proposed that one man shall e appomted specially for dry goods, and another man specially for liquors, &c., it will not give rise to an effort on the part of all those who deal in those particular articles to get in aparticular mun; whether they will not use Why use the word their influence to have somebody appointed who is acceptable to them: and whether in. that way more harm is not likely to come to the revenue than good. My impression is that, that would be the effect of it. i
Mr. CHANDLER. Undoubtedly the attempt has been made heretofore, and will be made in the future, to have appointed corrupt orine mnt men who can be influenced; but I thin the only safeard we can have against the appointment of corrupt or ignorant men is in this provision.
Mr. FESSENDEN. It would not be known until after the appointment was made what sort of a.man was appointed.
Mr. CHANDLER. As a rule, I think the importers desire to have honest, capable, and faithful men as apraisers; but there are, as is well known, dishonest men, who desire to defraud the revenue in importation, and who would wish to have ignorant and dishonest men appointed as appraisers; but I think our best protection against that is in this provision.
Mr. FESSENDEN. I hate to allude to my own experience in the Treasury Dept, because it was so short, but when I was there I gave special attention to these a praisers, both in NewYork and Boston. T thought they were in a bad condition, and I took special pains to find out what was best to be done, and what sort of men itwas best to appoint, to see ifI could not reform the administration in both those instances and I came to the conclusion that the best way to make appointments was precisely to study and ascertain the character of the men who were recommended, without reference to their original pursuits. Men were recommended for the position, as I suspected, for particular purposes. I think the SecyTreasury, if he takes pains, can exercise agreat deal better judgment if we leave the whole selection to him than by tying him down to select from any particular class of  men. I do not wish to interfere too much with business that does not seem to belong to mfy own committee, or to oppose the opinions of the ComCommerce; but my judgment would be that the Senate, by keeping this clause in, would be much more likely to do harm than by strikin it Out.
Mr. CHANDLER. might instance sense in point. A business house is selecting a ur chaser of tea, for example. The house so ects an expert in tea for a purchaser. Take the line of business in which I have been engaged. I said to one of my juniors last fall, who proposed betake in a new purchaser, “ It will cost you $25,000 to educate a new purchaser; he will make mistakes enough to cost on $25,000 before he becomes an expert.” hat is aplicable to your up raisers in the same way. O business man so sets a person as his purchaser who is not an expert, unless be expects to submit to the losses occasioned by temistakes of one who is not an expert. The object of this bill is to have none but experts as appraisers, and that the Government shall not ay for the education of experts. I think if it is honestly and faithfully carried out, it will be a ver important thing for the Government. 1 think e Senators amendment covers all the objections he can have to it.
Mr. FESSENDEN. It meets my own particular wish about it.
Mr. CHANDLER. As a business man, I think this is one of the most important provisions in the bill.
The President protempore. The question is on the amendment proposed by the Senfrom Maine, in section one, line 7, after the word “who” to insert the words “has had exerience as an appraiser or who;” so that it wilfread: The POTUS shall, by and with the adviceandeonsent of the Senate.appoint for said port one appralserwho hashad experience asan appraiser, or we shall be practically acquainted, 6:0. The amendment was agreed to.
Mr. FESSENDEN. Imove the same amendment in line 4 of section 2, to insert alter the word “who” the words “have had experience as appraisers or who;” so that the section wrll read: That in lieu of the asstan raise rsnew authorized by law tor the port of NewYork. the SecyTreasury may appoint not exceeding ten as sistaut appraisersfor said port. who have had expr rien ocas appraisers or who shall be practically acquainted Wit i the quality and value of some one or more oi the chief articles of importation subject to appraise ment, the The amendment was agreed to.
Mr. FESSENDEN. I think the salaries have been placed too high in the 6th section. Has the amendment of the committee in that section striking out “ 5" and inse rting“ 6. ” so as to make the salary of the chief appraiser $6,000, been adopted?
Mr. CHANDLER. Yes, sir. We took considerable pains to ascertain the necessity for this increase of salary over that named in the original bill. The reasons assigned at the Treasury Dept were that they must have 1st class men; they must have men who could command high salaries out of the Dept; and they must pay as well as private firms, or they cannot obtain those persons.
Mr. FESSENDEN. The bill asoriginally introduced, fixed the salary of the chief appraiser at $5,000, and of the assts at $3,000. The committee have changed that to $6,000 and $4,000. I think that is altogether too high. I would prefer to make them$4,000 and $3,000 respectively. owever, I will not offer any amendment now, but will wait until the bill is reported to the Senate, if the Senator prefers that course.
The PRESIDENT protempore. The question is on concurring in the amendments made as in ComWhole; and the Chair will put the question on all the amendments collectively except those upon which any senator may desire a separate vote.
Mr. FESSENDEN. I wish to have reserved the 2 amendments in the 6th section increasing the compensation of the appraiser: and asst apraisers.
The President protempore. Those amendments will be excepted.
Mr. SPRAGUE. I desire a separate vote on the amendment of the committee inserting the proviso in section one from line 16 to line 27 inclusive, authorizing the collector, by direction of the SecyTreasury, to examine a less amount of the goods than the actual ammnt of the invoice called for.
The PRESIDENTpro lemporc. The amendment will be excepted at the request of the Senator.
Mr. CHANDLER. Perhaps I can explain to the Senator in One word the reason for that proviso. For example, where there is an importation of resin, tar, pitch, turpentine, iron and such articles that are well known to be of the same description and character, it is left to the discretion of the SecyTreasury to direct that the a praisers need not examine one inten of the barrels or packages. That is the only object in making that proviso.
The President proiempore. The Chair will suggest that the question is not now upon that amendment. The Senator merely ased that it be excepted, and it will be excepted as a matter of course.
Mr. SPRAGUE. I desire to say a single word upon it at the proper time. The PRESIDENTWo tempera. The question will arise at the propertime. If there be no other amendments excepted, the question will be put on concurring in the residue of the amendments made as in ComWhole. The remainder of the amendments were concurred in. The 1st excepted amendment was in section one, line 16, after the word “ law ” to insert the following proviso:. Promded, That the collector shall not. under any, circumstances.direct to be sent for examination and ! nppraisementlessthan onepackageof everyinvoice, l and one packageat least out of every ten pac ages of goods, wares, and merchandise, and a greater I number should he, or the appraiser, or any asst o praiser deem it necessary: Provided, neverliefcu, 4 gfloaotdsw, wheanrefsro, mantdhe character and descriptionof the merchandise or from any other ! cause.the SecyTreasury may beof the opinion that the examination of a less proportion of i packu uswill amply protect the revenue. 9may, by speeia or general regulation. direct a less numberof packagesto be examined.
The President protempore. The question is, Will the Senate concur in this amendment?
Mr. SPRAGUE. I hadhoped thatwe should receive some explanation of the necessity for this bill. I find that it provides for 11 apraise rs, with a cost to the Government of, 50,000 pernnnum; and I find, also, that in the amendments the committee propose their, duties are to be restricted; that you are to increase the number of inspectors and to lessen the work that they are to do. I have been told by the members of the revenue commission that there is an annual loss to the Government of 25 millions of revenue from some cause or other, from underwaluation, or from ackages introduced of a different character from what the invoice declared them to be. Here is a bill that provides that the SecyTreasury may release from examination certain packages for the causes enumerated: That when from the character and description of the goods.wares, and merchandise.orfrom anyother cause.the SecyTreasury may be of the opinion that the examination of a loss proportion of pack os will amply protect the revenue.he may by specie or general regulation, direct a less new or of packagesto be examined. Sir, I do notbelieve in this constant release or relief that is granted upon this and similar bills to Government agents from doing all the duty they should do in the examination of goods imported into this country. I should like to know the necessity for an annual appropriation of $50,000 for this purpose. What is the necessity for it this year over other cars? If we keep on this way the cost of collecting the revenues from customs will soon be as great as the amount you receive from them. I had hoped that there would be some explanation of this bill, and I really hope that this proviso will not pass. It opens out such an opportunity for fraud and for cheating of all kinds that there will be no end to it, and the loss will not be easily calculated. That is my impression and belief.
Mr. CHANDLER. I have no doubt the senator has been edrrectly informed as to the frauds that have heretofore ecu perpetrated upon the revenue. The sole object of this bill is to correct those frauds. The Senator takes exception to this proviso permitting the Secretary at his discretion to order a less number of ack ages than one inten to be examined. very bar of railroad iron is a pack e. If a ship load of railroad iron is receive in NewYork would the Senator prohibit the SecyTreasury from allowing the appraisers to in spect less than one inten of thoe bars? suppose it is a cargo of resin, or a cargo of or anges, or a cargo of lemons; they are all one thing, and they are all in the same boxes. It is that class of goods that are well known, where there is no chance of fraud, that are, at the discretion of the SecyTreasury, to be exempted from this close inspection. This clause of the bill was drawn with some care at the Treasury Dept. I believe that the bill itself is as near aperfect bill as the highest mercantile experience can make it. It is intended to stop these frauds, to have an honest appraisement, and to have competent men to execute the laws. Certainly I see no objection that can be taken to this particular clause.
Mr. SPRAGUE. The statement of the honorable chairman of the ComCommerce is all very well as far as it goes. The SecyTreasury may exempt from examination the articles that the Senator suggests for the capses that he suggests, and also Or “any other cause.” What does for “any other cause" mean? There may be some “other cause” that will be pertinent to the appraisers, and under the regulation of the SecyTreasury they may seek pertinent causes to introduce these goods without examination.
Mr. CHANDLER. Where the SecyTreasury is satisfied that it is not requisite. Ofcourse you will leave that discretion in his hands. You must do so. in any case.
Mr. SPRAGUE. The SecyTreasury cannot examine these goods. He must leave it to the appraisers.
Mr. CHANDLER. I know, but they have to satisf him that an examination is not necessary be ore he will issue an order of that kind.
Mr. FESSENDEN. will not be concurred in. Ibo ethatamendment am satisfied that $6,000 is altogether too large a sum to pay to this appraiser. It is giving the principal appraiser at the port of NewYork. who has no pecuniary responsibility whatever, $1,000 a {far more than we give the Treasurer of the U.S. The bill that was brought in 2 years ago, I think it was. put the salary of the principal appraiser at 54.000, and of the other appraisers at $3,000. I think that is large enough. At. any rate, the sum indicated in this amendment is altogether too large and I do not see the necessity for it. Many very good officers in NewYork et only $3,000 a year. 2500 dollars is all the asst collectors get. 3000 dollars is all that the inspector gets who is stationed there all the time and is all the time at work. While I am willing to give the principal appraiser $4,000 perannum, I think the others ought not to have more than $3,000, which was the sum fixed in the bill originally. lhe difference between $3,000 and $5,000 is altogethertoo great. There is no reason why the principle appraiser should receive $22,000more than an asst appraiser. He has a little more dignity of office and responsibility perhaps, but it costs him no more to live.
Mr. CHANDLER. If I understand the senator, be proposes to give the principal appraiser $5,000 on let the others stand at $4,000.
Mr. FESSENDEN. No; to give the principal aspiraiser $4,000, and the others $3,000.
Mr. CHANDLER. I am afraid you cannot get and men for that. by Mr. FESSENDEN. I think $4,000 is enough to give the principal appraiser. He has no ecuniary resonsibility, not the slightest in the world. those men whose salaries we have been obliged to increase were men who had had great pecuniary responsibilities. You can get plenty of men competent for this work, in my judment, for the sums I have indicated. All that the asst appraisers there have been receiving is $2, 500, and most of them (all but oueortive ) are very cometent men. 2500 dollars is al that the deputy collectors get, and we have refused to increase them. 6,000 dollars is alto getber too large a salary to give the principal appraiser. I hope we shall not concur in that, at any rate.
Mr. CHANDLER. I should be willing to pay the chief appraiser $10,000 if I could get a man worth $10,000. The great trouble here tofore has been that we have not had compe tent and efficient men. We want a man as chief appraiser in NewYork who has all the abilit of the ablest merchant in the city of NewYork, a man with as much practica exerience and business qualifications as A. T. the wart, or as 50 other men whom I could name, who are making 50 or 100,000 dollars a year in their business. Perhaps we could not get them; but we can get 1st class mcu if we pay 1st class prices; but we cannotdo itotherwise. Ifyou want 2nd class men, you may get plenty of them for $8,000 a year. There is not a large business house in NewYork that does not pay $3,000 a year for its 1st class book keeper. A 1st class book keeperdemands $3,000 a year. We want a better class of men if we can get them. Then it will do end on the SecyTreasury whether we get them or not. The Secretarythinks he cannot get them for this price. If he cannot, and it requires $4,000, I say it is penny wise and pound foolish to employ 2nd class men wh i you require 1st class men. I have no doubt that the Senfrom RhdIsland is perfectly right, and that we have lost $25,000,000 a year for the last 5 years from the incoin etency or inefficiency of these odi cers. If, y the expenditure of 40 or 50,000 dollars, we can save millions, is it not economy to save it? I think it is. If you place the salary of the asst appraisers at $3,000 perannum, I do not think you will ct the grade of men that on require. Still, it 18for the Senate to decide.
Mr. SPRAGUE. New? suplmsei that you are going to get experts or this business Evorybody knows very well how appointments are made, and the character of the men that occupy positions under the Government. I know the Senfrom Michigan is desirous to fill these positions with eminent men, well qualified to occupy any position under the Government; but he knows very well, if he reflects upon it, that we will not get that class of men. e will get very ordinary men. He will get men whose qualifications are of an entirely different kind from those that he desires them to have. I need not as what those qualifications are.
Mr. CHANDLER. it is perfectly wellknown that every successful business house in the U.S. employs a competent man to manage that business. I will venture to say that the Senfrom RhdIsland pays to the de signer for his prints more than 10,000 dollars a year, and I would not be surprised if he paid him $25,000 a year. The designers in the large print works receive from $10,000 to $25,000 a year. What would the Senator think of a law that Would limit him to $3,000 a year for designers for his manufactories? He would fail in 2 years.
Mr. SPRAGUE. He getsjust $120amonth, no more, no less.
Mr. CHANDLER. Well, thatisahard case. [Laughter] I knew another concern that did pay $10,000 a year; but I stand correctedwith regard to the Senator. 7
Mr. SPRAGUE. My friendfrom Illinois {[Mr. Yarns] suggests to me that the Senfrom Michigan himself obtains from the government but $3,000 ayear, and Iconsider that he is a 1st class man, and so do his associates. I do not think that these gentlemen are entitled to any more pay than a Senator of the U.S.
The President protempera. The question is on concurringin the amendment striking out the word “ 5, ” and insertin in lieu thereof “six.” Does the Chair understand the Senfrom Maine to move to amend the amendment?
Mr. FESSENDEN. No, sir. If thatamendment is not concurred in I shall then move to strike out “5” and insert “four.” The amendment was not concurred in.
Mr. FESSENDEN. I now move to strike out “ 5” and insert “ 4,” so as to make the salar of the appraiser $4,000.
Mr. SpRAGUE. I will move further to amend it “ by striking out “ 4” and inserting 3. ”
Mr. SPRAGUE. I propose to make the pay of the assts $2, 500. I think that is enough for them.
Mr. FESSENDEN. I think we had better have the a of the appraiser at $4,000.
The PRESIDENT protemporc. the question is on the amendment of the Senfrom RhdIsland to the amendment of the Senfrom Maine, to strike out “ 4” and insert “ 3, ” so as to make it read “$3,000.” The amendment to the amendment was rejected.
The President protempera. The question is on the amendment of the Senfrom Mninestriking out “ 5 ” and inserting “four, ” so as to make the amount $4,000. The amendment was agreed to. 0The next excepted ameffdment was in, section 6, line 5, to strike out “ 3 ” and insert “four, ” so that it will read: and the asst appraisers shall each receive a compensationof $4.00)perannum. IMr. FESSENDEN. I hope that amendment will not be concurred in, and that will leave their pay at $3,000, as it stood in the bill originally. The amendment was non-concurred in.
Mr. SPRAGUE. I now move to strike out “$3,000” and to insert “$2, 500.”
Mr. FESSENDEN. They now receive $2, 500, o and it ought to be increased a little. I think it stands right now.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. COLLECTION DISTRICTS. On motion of
Mr. CHANDLER, the senate, as in ComWhole, proceeded to consider the bill (S.No.109) to establish the collection district of Port Huron, and to extend the district of Puget Sound.
The President protempore. The ComCommerce have reported the bill with an amendment striking out all of the original bill and insertin in lieu thereof a substitute. The substitute one will be read unless some Senator calls for the reading of the original 11.
The Secretary read the amendment, to strike out all of the bill after the enacting clause and to insert in hen thereof the followmg: That a.new collection district, to be called the districtcfPort Huron, be and the same is hereby, estah lished in the State of Michigan which shall embrace the mouth and entire show of the StCluirriver, and the counties of StClair. Lapecr. Tuse ola, and Sug innw and all the territory and waters of the State of Michigan lying northof said counties and cast of the principal meridian: and a collector shall be a pointed to reside at Port Huron, which shall be the sole port of entry for said district and thesaidpol lect r shall receivethe samecom ensation provided for the collectors of Penibinn, C ica o.nn certain other ports, by the 2ndsection of the not entitled "An act to regulate the fureiizn coasting trade on the northern northeastern, and northwesternfront iers of the U.S., and for other pprposes, " approved June 17, 1864 and all the territory and waters of the said State of Michigan lying west of the said principal meridian and not included in the district of Michilimnckinuc, are herebymade a separate district. to beenllod the district of Michigan, for which a collector, with the same compensation as aboveprovided for the collector of Port Huron, shall be appointedto reside at Grand Haven, which shall be the sole port ofentry forsuid district of Michigan. SEC. 2. Abife: That the collection district of Puget Sound be and the same is hereby, extendedsoasto embracealltho territor and waters ctiStOiisilddistrict to the head waters of the Missis sippi river. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to be engrossed for a 3rd reading, was read the3rd time, and nsse. p
Mr. CHANDLER. The title of the bill should be amended to make it conform to the amended provisions of the bill. I ask that the title maybe amended so as to read, “A bill to establish the collection district of Port Hu ron and the collection district of Michigan, and to extend the district of Puget Sound.
The President protempore. The title of the bill will be so amended if there be no objection. MARINE HOSPITALS and REVENUE CUTTERS. On motion of
Mr. CHANDLER, the Senate, as in ComWhole, proceeded to consider the bill (H.R.No. 184) to authorize the sale of marine hospitals and of revenue cut ters. It authorizes the SecyTreasury to lease, or to sell at public auction, to the highest and best bidder, for cash, after due notice in the public newspapers, such may rine hospital buildings and lands appertaining thereto as he may deem advisable, and he is empoivered to make, execute, and deliverall needful conveyances to the lessees or purchasers respectively; and the proceeds of the lcases and sales are to be appropriated for the marine hospital establishment; at no one of the may rine hospitals is to be exposed to sale or lease where the relief furnished to sick marines shows an extent of relief equal to 20 cases perdiem, on an average, for the last receding 4 years, or where no other suitable and sntheient hospital accommodations can be procured upon reasonable terms for the comfort and convenience of the patients. It also authorizes the SecyTreesury, in his discretion, to sell at public auction, to the highest and best bidder, for cash, after due notice in the public newspapers, such of the revenue cutters as he shall find to be ill adapted to the purposes of the revenue service, and to expend the proceeds of the sales in the purchase or construction of other vessels better suited to the wants of the service.
Mr. CHANDLER. It is undoubtedly acceptable to me as far as it goes, but I will inform the Senfrom Maine that the inspection is not yet completed on the part of the Treasu Dept, and there may be other hospita yet to be examined which it.may be deemed advisfible for the interests of the Government to se.
Mr. FESSENDEN. If that should turn out to be so, let him come to Congress, and we will agree to let him sell or lease them.
Mr. CHANDLER. I have no particular objection to the amendment of the Senator. It covers precisely what was intended h the bill, to allow the Secretary to sell the boilings that have been recommended to be sold, but the committee proposed to leave it to the discretion of the ccretary to sell any others that might be reported.
Mr. FESSENDEN. I am unwilling to give him a general discretion.
Mr. CHANDLER. Very well. The amendment was agreed to.
Mr. FESSENDEN. I think that the word ““marines, ” in the 13th line, should be seamen.” It now reads: That nooneof themarine hospitals shall be expmd to sale or lease where the reef furnished to lick marines shall show, Are. There is a distinction between marines and seamen.
Mr. CHANDLER. It should be “ mariners.” It is a
Mr. CHANDLER. It will do just as well and I have no objection to that change.
Mr. FESSENDEN. I think the Inn should “Seamen” will do as be amended by striking out that part of the proviso. It now reads: Provided, That no oneof thenufrine hospita hall be exposedto sale or leasewherethe relief fur ished to sick marines shall show an extent of relief ual to 20 casesperdicm. on an average.for the ast preceding four years, or where no other suitable and sufficient hospital accommodationse an be procured ppon rensona lo termsfor the comfort and convenience of the patients. That would be granting him leave to sell 3 of the hospitals, when we have just said he shall not sell them.
Mr. CHANDLER. It should be stricken out now in order to make the bill conform With the amendment just made.
Mr. FESSENDEN. I move to amend that proviso by striking out the word “such” at the end of the 11thline, and to insert the word “the, ” and after the word “lease” in the 12th line, to strike out the words, “where the relief furnished to sick mariners shall show an extent of relief equal to 20 cases or diem, on an have e, for the last preceing 4 years, or;” so that it Will read: Provided, That no one of the marine hospitals shall be exposedto sale or leasewhere no other suit ablo and snflicient hospital accommodationse an be procured upon reasonabletqrins for the comfort and convenienceof the patients. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the amendments were concurred in and orderengross, and the bill to be read a 3rd time. It was read the 3rd time and passed. LAKE PORTAGE SHIP CANAL. On motion of
Mr. CHANDLER, the Son ate, as in ComWhole, proceeded to consider the bill (S.No.193) to amend an not entitled “An act grantin land to the State of Michigan, to aid in builing a harbor and ship canal at Portage Lake, Keweenaw Point, Lake Superior, ” approved March 3, 1865. It proposes to amen the 2nd section of the not mentioned in its title by striking out the word “two” before the wor “100” and inserting the word “four, ” and the 5th section by striking out the word “two” before the word “ ears” and inserting the word “5” but the and granted by this bill, and by the act to which it is an amendment, is to be selected from alternate den numbered sections beloning to the U.S. in the upper peninsu a of the State of Michigan, and from land to which the right of homestead or preemption has not attae ied; and the grant is to inure for the benefit and use of the Portage Lake and Lake Superior Ship Canal company, in accordance with an act of the legislaure of the State of Michigan conferrin the land granted to the State, by the act of gMarch 3, 1866, on that compan.
Mr. Gttl ES. I moveto recommit the bill to the ComCommerce, in order that they may put it in shape.
Mr. GRIMES. Because I do not think we Ought to pass a bill that merely says that such an act of Congress, passed some previous year, s“hall be amended by striking out the word two" and inserting the word “four” in such a line.
Mr. CHANDLER. Last year Congress passed an act donating 200,000 acres of land to build a canal across Keweenuw Point.
Mr. GRIMES. I understand all that; I know what the purpose of it is.
Mr. CHANDLER. The only effect of this bill is to grant 400,000 instead of 200,000 acres of land. If it is sent back to the committee it cannot be improved. Every member of this Senate understands preciselywhat is to be accomplished by it. It is to strike out 200,000 and insert 400,000 acres of land.
Mr. POMEROY. From the reading of the bill, I judge it appropriates the even numbered sections of land. All appropriations of land made by Congress have been for the odd sections, because sections 16 and 36 are school sections, and we have never appro! printed the even sections. No bill has ever 1 passed the ComPubLands, at any rate, that had such a provision in it. I think this bill on ht to be made to conform to our legislation in that respect before it is passed.
The PRESIDENT protemporc. he motion is to reeommit the bill to the ComCommerce.
Mr. GRIMES. I beg to call the attention of the Senate to this bill, and I ask any Senator whether he could tell from the language of the bill, whether 400,000 acres of land were to be appropriated in place of 200,000, or whether it was 4 millions, or whether it was 4 acres in place of two. It reads thus: Be it enacted, dun, That the 2ndsectionof the not aforesaidbe and the sameis hereby amended by strikingout the word “two " before the word" bun red, " and inserting the word “four.” That is all of that branch of the paragraph and that the 5th section be and thesameis hereby, amended by striking out the word "two" before the wordyears and inserting the word “ 5:" Provided. That thelnnd granted by this act, and by the act to which this is an amendment, shall be selected from alternate evenmumbered sections belon in to the U.S. in the upperpeninsula of e State of Michigan. kc. A bill, when it comes from a committee, ought to be drawn in such a way as to state specifically what it proposes to do, in order that every Senator can see exactly what the effect of it is.
Mr. GRIMES. I ask leave to modify my motion so as to refer this bill to the ComPubLands, where it properly belongs. I do not know how it got before the ComCommerce.
Mr. MORRILL. The bill may be open to the criticism of the Senfrom Iowa in some respects, though I am inclined to think it is a litt e severe. There is no difficulty in understanding what the bill is. That is carrying the joke a little too far. It refers to an not passed here last year, and by a reference to that act it can be made certain precisely what it is. Therefore it is not bad for want of certainty. The laws of last year are as certain as the laws of this year. That law is nst as certain now as it would be if it were altered. Therefore, the criticism falls substantially, for if it is certain to ageneral intent, forifitis certain to adead certainty, then the objection which the Senator raises is invalid. But I agree with him perfectly that it is always advisable that each bill should show on its ace precisely what it is. I think that is the better orm. ButIdo not see any reason for referring this bill to the comPubLands.
Mr. LANE, of Indiana. The 16th and 36th sections of the public lands are always given to schools, and yet this bill proposes to give the even numbered sections to this company.
Mr. MORRILL. Perhaps the objection to granting the even numbere sections is a valid objection. I cannot say as to that. Perhaps the bill ought to be amended in that regard, but if so, it can be amended on the spot, I suppose.
Mr. CHANDLER. So far as that is concerned, I presume there will be no objection to an amendment in regard to that.
The President protempore. The question is on the motion to refer this bill to the ComPubLands. The motion was agreed to. SHIP ART UNION. On motion of
Mr. CHANDLER, the Senate, as in ComWhole, rocceded to consider the JtResolution (H. No. 45) to phange the name of the ship Art Union to the name of George M. Barnard. It authorizes the SecyTreasury to change the name of the ship Art Union, owned y the State of Massachusetts, and used as quarters for the nautical branch of the Reform school of that State, to the name George M. Barnard, and to grant the ship a register in the latter name. The JtResolution was reported to the Senate without amendment, ordered to a 3rd reading, read the 3rd time, and passed. REGlSTERS TO VESSELS. On motion of
Mr. CHANDLER, the bill (S.No.89) to issue American registers to the steam vessels Michigan and Dispatch, was read a 2nd time and considered as in ComWhole. It directs the SecyTreasuryto issue American registers to the Canadian built steamers Michigan and Dispatch, of the collection district of etroit.
Mr. CHANDLER. I move to insert after the word “ Dispatch, ” in the 5th line, the words, “and the American built steamer W. K. Muir." The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amend ed, and the amendment was concurred in. The bill was orderengross for a 3rd reading, was read the 3rd time, and passed On motion of
Mr. CHANDLER, the title of the bill was amended so as to read, “A bill to issue American registers to the steam vessels Michigan and Dispatch and W. K. Muir.” INTERNATIONAL OCEAN TELEGRAPH. On motion of
Mr. CHANDLER, the Senate, as in ComWhole, proceeded to consider the bill (S.No.26) granting to the International Ocean Telegraphic Company the right and privilege to establish telegra ic communication between the city of NewYork and the West India islands.
The President protempore. This bill was recommitted to the ComPubLands, and they have reported itwith an amendment in the nature of a substitute. The substitute only will be read, unless some Senator shall call or the readin of the original bill.
The Secretary read tghe amendment, which was to strike out all of the original bill and to insert in lieu thereof the following: Whereas James A. Serymser AltredFell. Mr. Alexander Hamilton ir. Oliver K.ing.Matur inL.Delafield. William F. Smith and James M. Digzes. their associates successors and assigns. Ipersonse omposing the International Ocean Telegrap Company.an in corporated company chartered by the State of NewYork. are desirousof establishing a line of subma rine tele aphic communication between the U.S.A and the West India islands and the Bahamas: Now, therefore, in order to facilitate the said enterprise. Abife: That the said International Ocean Telegraph coman incorporated under the laws of the State of NewYork. their successors and assigns shall have the sole privilege for a period of 14 years. to lay. construct.Ian. Operate telezraphic maintain and or magnetic linesorcables in and over the waters, reefs.islands.shorcs and lands over which the U.S. have jurisdiction from the shores of the State of Florida. in the said U.S. to the island of Cuba and the Bahamas. either or both and other West India islands. SEC. 2. Abife:, That the said international Ocean Telegraph Companv shall at all times during a state of war, give the U.S. the free useof said cable or cables to a telegraphic operator of its own selection.to transmit any mes sagesto and from its military. naval and diplomatic agents: Provided. That the said International Ocean Tclegraph Company shall, within the period of 5 years from the passazc of this act.causethesaidsub mu rinc telegraphic cable or cables to be laid down and that the said cable or cables shall be in successful operation for the transmission of messages within the said period of 5 years; otherwise.t is grant to be null and void. $20.3. Abife: That Congress shall hgaoivnegpaocwt.er.at any time. to alter or repeal the fore
Mr. GRIMES. I move to amend the amend rnent in the 6th line of the 1st section by inserting after the word “years” the words, “from the approval of this act;" so that it will read: Shall have the exclusive privilege for a period of 14 years from the approval of this act to lay. construct. Jtc.
Mr. CHANDLER that The amendment to the amendment was agreed to.
Mr. SHERMAN. I will ask if this is the same bill that we had up the other day on this subject.
Mr. MORRILL. It is a substitute for the same bill.
Mr. FESSENDEN. Move to strike out the word “sole.”
Mr. SHERMAN. I should like to hear whether there are any good reasons for retain in it. ii
Mr. CHANDLER. These telegraphic cables are laid at great expense and at great risk. No attempt has ever yei) been made to lay a subma rine telegraphic cable to any of the West India islands. Some security must be given or some inducement held out to capitalists to invest their money in this hazardous and exensive undertaking. We do notknow whethert ecable will stand upon the Floridacoral reefs a week. a month, a year or ten years. It may be cut the very day it is laid. Unless you olfer some inducement to capitalists to invest their money in this undertaking they will not do it. If a company should O on and experiment for 2 or 3 years antglexpend 4 or 500,000 dollars, and finally arrive at some point where their undertaking was a success, others will take the advantage of their experience and of their losses (it you do not ive them some securityg and will lay a cable right bheside theirs, which of course would destroy them. Sir, it has been the policy of eve Government on earth except this to exten facilities to its commerce. England has lines of steam ships, subsidized by her Government, surrounding the earth; an she has almost surrounded the earth with telegraphic wires. Where she could not by subsidizing lines (and she has subsidized them to an enormous extent) induce capitalists to take hold and build them, she has laid them at the expense of her treasury; and by this system of quick, rapid, and sure communication she today commands the trade of the world. She has come upon this continent and actually monopolized the trade of this continent by her subsidized steamship lines and by her regular communications. ou will find a British ine of mail steamships sailing once a fortnight touching at every one of the West India islands and touching at every port on the Solpth American coast on this side and on the (it or.
Mr. BROWN. I beg leave to correct the Senator on one point: he says he has no doubt there will be 20 wires to the Pacific. That would be the case if there were no monopoly; but as it now stands the whole telegraphic sys tem of the U.S. is consolidated into one giant monopoly, and they will never have but one, and they will charge what they please.
Mr. BROWN. There are a half dozen in the Mediterranean, I think.
Mr. SHERMAN. I think there is one either in the Mediterranean Or the Black sea that is over 350 miles long, and has been an entire success. If thatis so, there is no necessity for granting these liberal inducements here. I trust as the matter has been discussed, that we may just give these gentlemen the ordinary privileges, all the power we can give them, and then let the matter be open for future cometition.
Mr. CHANLER. This constitutional obs jection which is suggested seems to me to be very pnerile. The Constitution confers on congress power “to regulate commerce with foreign nations, and among the several States and with the Indian tribes.” I should like to know how we can better exercise the power to regulate commerce than by regulating our telegraphic lines with foreign nations. Certainly, if that a: clausedoes not give us full power to exercise this right, it has not any place in the book; it on ht not to have been at in the Constitution. he Senfrom Ohio says that trade should be free, and he is opposed to monopolies; so am I. I am oppose to patent monopolies and every other kind of monopoly; but we drew this bill in exact accordance with your rule in granting patents. If a man invents a wash tub you give him a monopoly of it for 14 years.
Mr. SHERMAN. These people do not in vent anythin.
Mr. DOOLlTTLE. I suggest to my honor able friendfrom Michigan that if he would change the 3rd section of the bill which authorizes Congress “at any time to alter or repeal the foregoing act, ” and give to Congress the power from time to time to fix the rates which should be charged for messages to be transmitted over this line, it would avoid the cat objection which is made by the Senfrom Ohio. If Congress held in its hands and notified the company in advance that it held the power in case they charge exorbitant prices for messages to reduce the rates and fix them at a reasonable sum, I could see nothing objectionable in this bill, and I should think it very wrse on our part to grant to the company some exclusive privilege if we want to secure the line.
Mr. MORRILL. Allow me to suggest to the Senator that that power is already embraced in the section.
Mr. DOOLITTLE. Perhaps it is embraced, but it is only the usual clause which is thrown into such bills, reserving the right to repeal and alter.
Mr. BROWN. The objection is that there can be no competition on the part of other companies.
Mr. DOOLITTLE. The purpose of having competition on the part of other companies is to prevent a company from being exorbitant in its charges. Now, I will venture to say it is better that one company should undertake to build this line of tele raphic wire than for 2, or half a dozen. this a necessity that One company should lead, and that one company should lead under such circumstances that they can command the capital to do the work. If the power is exressly reserved to Congress, and at into the ill, that at any time the company c large an unreasonable rate for the transmission of mcse a es. Congress can reduce the price and make it reasonable, I do not see anything wrong in the bill. Besides, if I am informed correctly as to the exclusive grant to lay awire upon the coast of Cuba given by Spain, unless you give the company you organize an exclusive power to lay the wire on our coast, that company in Cuba will have this company and another company completely in their power.There is no way to meet the grant oi Spain but by a similar grant on our part; but at the same time I would provide in the bill that the company we create shall not be exorbitant in their charges. I then think it is a wise measure.
Mr. MORRILL. The Senfrom Ohio [Mr. SHERMAN] gives this bill a character which am not willing it shall remain subjectto. The idea of this bill being a monopoly is a thing which if my honorabfe friend had reflected on it a little before he began to speak he would not probably have suggested. It has not the 1st element of anything of that character in it, or which can be construed into it, except that word “sole, ” which is limited and qualified by the other provisions of the bill, so that it does not approximate at all to the idea or a monopoly. As against everybody but congresst is company will have the exclusive right. his grant which we give to them may be alterca, amended, or repealed at any moment by Congress. this an exress reservation.
Mr. FESSENDEN. ask my colleague what is the use of this bill anyhow. What is to prevent this NewYork comny organized under the laws of the State of NewYork , from going to Florida and buying a piece of land convenient for them to land on and establishing this end of their Wire there without any grant from Congress? In other words, is there anything more or less in this bill than simply the exercise of the power of Congress or its attempted exercise, (I doubt how far it goes) to give them the sole privilege? Is not that the only reason for their coming here? Do they ain anything else except after they have got aieir company incorporated in NewYork they call on us to give them what they cannot get possibly in any other way, an exclusive ege? Is there any other necessity? hy cannot they go and buy a piece of land and get along without this bill?
Mr. MORRILL. The committee considered that subject, and in this light: we think congress has the power to give the exclusive privile e under the power to regulate commerce.
Mr. FESSEDEN. Is not that the only reason why the come here?
Mr. MORRILL. Doubtless it is. It is exterior; it is a communication in the nature of commerce. Commerce includes traflic and in tercourse. This provides for intercourse, foreign intercourse, and therefore it comes within that provision of the Constitution. My colleague asks why can they not purchase a piece of land in Florida and build this telegraph, but that involves the necessity of a charter from Florida of course.
Mr. FESSENDEN. We cannot given them a charter in Florida.
Mr. MORRILL. But we can have them a charter here, and it is exactly within our prov ince to give them a charter here if it is commerce; and wh, I ask in colleague, should we referthem to Florida? fit is an object worthy of the consideration of the country, if it is that kind of enterprise which commends itself to Congress, why should Congress decline giving them a charter to enable them to complete this enterprise, simply because by 1possibility they might obtain it of Florida? submit, therefore, that the same thin might possibly be done by a charter from hloria is no answer to this bill.
Mr. FESSENDEN. Will my colleague tell me why they need a charter from F orida? What is to prevent an individual, if he has mone enough, from buying a ieceofland in Floria and there setting up ate egraph? What does he want a charter for?
Mr. MORRILL. I did not suppose that, unauthorized by the power of the State, an individual could set up a telegraph through the count where he chose.
Mr. FESSENDEN. Perhaps he could not get the land. We cannot give him authority all over the country, we only give the more power to land on the coast; but as to the rest, he must get it from Florida; we cannot give it to him.
Mr. MORRILL. Does my colleague suppose this company would have a right to go to Florida without the consent of Florida, and against the consent of Florida, if you please, and exercise the privilege of setting up upon its shore, within its jurisdiction, and laying down upon its coast, within its jurisdiction, a tele graph wire? h
Mr. FESSENDEN. Certainly; if they owned the land they could.
Mr. MORRILL. If they could, they have a power which I did not suppose they could exercise without the consent of the State. certainly they could not connect the lines; certainly they could not make it of any use to them whatever. At any rate, the State would have a right to prevent it. But I rose to reply to the objection raised by the honorable Senfrom Ohio that this was a monopoly. He says it is a monopoly, 1st, because of the extent of its powers. He says we are going to give to this company the exclusive right oftele raphic communication between this country an South America. There is no such power in this bill. My honorable friend has overlooked it entirely. It does not authorizethe line to go to South America or to Pan ama, nor does it allow this company to interfere with free intercourse in any way whatever, except from the Florida coast to Cuba or the Bahamas. It confines it simply to that point; and all the rest of America is Open to anybody and everybody.
Mr. CONNESS. Will the Senfrom Maine permit me to make a suggestion just at this paint? MLMORRILL. Certainly.
Mr. CONNESS. As I understand it, the monopoly contained in this sole privilege consists in prohibiting the establishment of any other line from the coast of Florida.
Mr. CONNESS. Consequently, if this privilege is granted, no other lines can connect the West India islands or South America with Florida. That I understand to be its exclusive character.
Mr. MORRILL. I am much obliged to the Senator, but I supposed I understood that before.
Mr. CONNESS. Well, I desired it to be understood, too.
Mr. MORRILL. The point which Iwas arguing and the point which I understood to labor with the honorable Senfrom Ohio was as to the extent of this monopoly, that it was a monopoly in the hands of this company for all South America and Panama, but, in fact, it touches no point abroad except Cuba and the Bahamas: none at all.
Mr. CONNESS. It is exclusive so far as the Florida coast is concerned.
Mr. SHERMAN. I suppose from the geogra phy of the country, well known to us, that there is no possible way of reaching from the U.S.A. to Panama by telegraph except either through Mexico or by touching at the West India islands at point after point until you reach the Central American States; and as we have the control of this end only, and the geographical position of Florida is such that that State roects into the Gulf of Mexico over 300 miles, the exclusive privilege of landing in Florida is substantially an exclusive privilege of landing in the U.S. Of course it is possible to go by way of Mexico to Panama, but as these telegraph wires must go to Cuba and the West India islands, this amounts to an exclusive privilege, the only privilege we can grant in the U.S. for a telegraph to an portion of South America.
Mr. BROWN. I do not think the Senator presents the guestion exactly fair. These parties do not as t a subsidy of so many 1,000 dollars from the Government, but they do ask the right to lcv their subsidy adlibitum upon the public inthe shape of their charges, and that without competition; and that is the heaviest subsidy thatcould be given them. I would infinitely rather give them a subsidy of any number of 1,000s of dollars than give it to them in this shape.,
Mr. MORRILL. My reply to that is that my honorable friend is not quite accurate when he says they have a subsidy in the right to make their charges adlibitum, because their charges are within the power and control of Congress.
Mr. BROWN. There is nothing specific to that effect in the bill.
Mr. DOOLITTLE. The Senntorfrom Maine will allow me to suggest that there was in the Pacific telegraph bill a limitation put upon the charges when we ranted the right to uild a telegraph line to SanFrancisco, and agreed that we would ourselves pay $40,000 for the Government use of the line, and I have no doubt that the Government use of the line has been much more than $40,000 a year every year since it was built. There was put into the bill itselfa limitation upon the price of messages; I am confident of that. such is my recollection of that statute.
Mr. CONNESS. I should like to inquire ifthe Senfrom Maine has yielded the nor.
Mr. DOOLITTLE. I ask the honorable Senfrom California how we are to get on to the island of Cuba with a telegraph wire.
Mr. CONNESS. How will you get on ifyou grant the exclusive right to this company on your own coast for a number of years 7 Will that aid you in getting on the island of Cuba?
Mr. DOOLITTLE. Florida is the only land where that wire can be put in the U.S. If we say our company shall have the sole and exclusive privilege of putting a telegraph wire on our land, then the 2 companies have to meet each other face to face and come to a compromise. It is the only way to overcome the Spanish monopol.
Mr. CONNESS. This seems tobe simply aningenious argument on the part of the parties who have this matter in hand. If the Spanish Government have granted an exclusive jurisdiction to a certain company of their own, then to hinder them from enjoying it we must grant and there is no other means within our power than to grunt exclusive control within our own territory.
Mr. DOOLITTLE. I hope my friendfrom California, in the remark he made that this was aningenious argument of the parties having it in hand, did not regard me as any party in is matter.
Mr. DOOLITTLE. I never knew anything about the matter before it came up here.
Mr. CONNESS. The Senator will pardon me; I meant the company having it in hand. Of course it is very far from me to regard any Senator as having thisin hand except as a public measure. I know too well the honorable Senators who are urging it here and their public spirit and motives and patriotism. That is entirely foreign to the whole question. I should like to agree with the honorable Senfrom Maine and the honorable Senfrom Michigan, and would like to vote for their bill, but it oes seem to me to be a bill fraught with difficulty and danger. I will join them in any liberal appropriation of money, if it can be de monstrate that there can be a public good in return.
Mr. SUMNER. I wish to suggest a verbal amendment in the 2nd section of the amendment of the committee in the 6th line, to strike out “ diplomatic” and insert “ consular.” There are no diplomatic agents of ours in the West India islands.
Mr. FESSENDEN. Our representation there may be extended herwfter.
Mr. CONNESS. We have diplomatic intercourse with Hayti.
Mr. SUMNER. Let it read “ diplomatic or consular." That would cover both. The amendment to the amendment was agreed to.
Mr. SH RMA. I believe I submitted an amendment to strike out the word “sole.” If I did not, I will do so now. That really involves the whole bill. I would as soon take the vote on that as on any other question.
The PRESIDING OFFICER, (Mr. Ax THONY.) It is proposed to amend the amendment by striking out of line 5 of section one the word “sole.”
Mr. CHANDLER. The Senator might as well move to postpone the bill indefinitely. The adoption of the amendment is the end of it.
Mr. SHERMAN. Let the question, then, be taken by yeas&nays. this really the whole purpose of the bill to give an exclusive privilege. I ask for the yeas&nays. The yeas&nays were ordered; and being taken, resulted yous 14, nays 16; ABSENT 20. So the amendment to the amendment was rejected. The amendment of the ComCommerce, as amended, was agreed to.
Mr. DOOLITTLE. I suggested an amendment to put in words declaring that Congress shall have power, not only to repeal and alter the act, but to fix the rates to be charged; but ntlemen all around me say that that power is necessarily involved and implied in the words giving Congress power at any time to repeal and amend the charter. Deferring to the opinions of Senators around me, and with the express understanding on my art that the power is now contained in the bi l, and the further understanding that if this company should ever et its line in operation, and its charges should fie enormous, the power will be exercised, I will not offer the amendment. by l
Mr. WILLEY. Are the rates fixed in the i
Mr. WILLEY. I an gest, then, to the honorable Senfrom WlSE OllSln whether the interpretation that he speaks of is a just one. The power to alter or amend a charter does not affect the rates chared by the company.
Mr. DOOLITTLE. Ty way of reply to the Senfrom WestVirginia, let me ask whether the power to amend the charter would not authorize Congress to put in a new provision de claring what the rates should be or the transmission of messages. I so understand it.
Mr. FESSENDEN. I move that the Senate adjourn.
Mr. CHANDLER. Oh, no; let us take a vote on the bill.
Mr. FESSENDEN. The Senate is too thin to vote on so important a question. That is the ver reason make the motion; the vote just to end is so close and the Senate is so thin that it does not seem to be right to press a final vote now. Bill
Mr. CHANDLER. Let me take up another Several Ssysrons. It is too late.
The PRESIDING OFFICER. The question is on the motion to adjourn The motion was not agreed to; there being, on a division ayes 14, noes 14.
Mr. BROWN. I think this bill carries with it something more than the question that was determined on the last amendment striking out the word “ sole.” I think it carries with it the question of the right to pass such a bill and to at such exclusive rights on the coast of Flor ida, and as I believe the bill to be wrong inits principle and ver detrimental in the precedent which it sets, I shall ask for the yeas&nays on the passage of the bill.
Skip Skip The bill was reported to the Senate as amend ed, and the amendment made as in ComWhole was concurred in.Mr. FESSENDEN. I renew my motion to adjourn. I think the bill ought not to be acted upon in so thin a Senate. The question being put, there were, on a division ayes 13, noes14. So the motion to adjourn was not agreed to.
Mr. SHERMAN. I believe the bill has not iynet been ordered to a 3rd reading. I move order to weld all questionon that point, at the end of the 3rd section to insert “and congress may alter the rates of charge.”
Mr. DOOLITTLE. I suggest these words as I drew them, and I think they will cover it: after the words “at anytime” in section 3 to insert “to fix and alter the rates for the transmission of messages and, " so that the clause will read: That Congress shall have power at any time to fix and alter the ratesfor the transmissionof messales, and to alter or repeal the foregoing act.
Mr. SHERMAN. Any words to carry out the idea. I doubt whether the power Will be included by the simple reservation of the right to repeal or amend the charter.
Mr. CHANDLER. The Senfrom Maine [Mr. FESSENDEN] desires to have a fuller senate when the vote is taken. lfhe will name an hour tomorrow when the vote can be taken, I shall not object to an adjournment. I do not desire to be factions.
Mr. FESSENDEN. Any time tomorrow when the Senate is full.
Mr. CHANDLER. If it is agreed that the vote shall be taken at one oclock and that discussion is ended
Mr. FESSENDEN. I have no objection. Any time tomorrow that there is a full Senate.
Mr. CHANDLER. Well, let it be under stood that the vote shall be taken at one oclock.
Mr. FESSENDEN. It will be open to discussion, of course.
The PRESIDING OFFICER. It is moved that the further consideration of this bill be postponed until tomorrow at one oclock, and he made the special order at that time. The motion was agreed to.
Mr. FESSENDEN. I move that the senate adjourn. The motion was agreed to; and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tussnsr, March 20, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BOYNTON. The Journal of yesterday was read and approved. SPRINGFIELD ARMonY.
Mr. DAWES. I ask unanimous consent to introduce a JtResolution in relation to the public lands a pertaining to the armory at Springfield, an to put it on its passage.
Mr. WASHBURNE, of Illinois. Let us hear what it is.
Mr. DAWES. If there be the slightest objection to iIt, will not press it. The JtResolution was then read.
Mr. DAWES. I will explain it in a few words. In laying out the grounds at the S ring ficld armorly it becomes necessary to made an exchange 2 strips of land, the Government securing for what it gives an equivalent value. The title deeds were prepared or the SecyWar to execute under the following law: " That the SecyWar he and he is hereby. authorizedto alter, establish, and settlethe boundary lines between the U.S. lands at the Spring field armory and the COnllillOllS lauds belonging to the town of Springfield, int of state of Massachusetts and to individual citizens. in such a way as may be best calculated to allow the lnying out and altering of streetsand highways for the mutual convenience and advantage of all parties; and for this purposehe is further authorized to exchangeand convey and to receive from the corporate authorities of Springfield or toand fromindividual proprietors such fractional partsof landusmaybenecessniyfor the accommodation and convenienceof the own of Springfield in running its public streets and highways and of the armo in securing the safety of and free accessto its works ops.arsenals.andother public buildings; and togrant, on the part of theljU.S., and receive from the cerporatmnauthoritiesofSpringfleld.nrlrom individual proprietors. deedsand titles for the land soexchangedanddisposedof to establishconvenient boundaries.". After these title deeds were prepared for execution by the SecyWar, it was the opinion of the Solicitor of the War Dept that this resolution had expired and was not now in fer 06; It is simply to revive this section I offer this JtResolution, so that these deeds may be executed. I will say further the matter was fully explained to the satisfaction of the chairman of the ComMilAffrs and that. if he were here it would probably have been offered by him.
Skip Skip There was no objection, and the JtResolution was read a 1st and 2nd time. orderengross and read a 3rd time and bein engrossed, it was accordingly read the3rd time and passed. Mr. DAWES mtRtv the JtResolution was passed; on the table. Agreed to. THANKS 0]? CONGRESS.
Mr. SMITH, by unanimous consent, introduced a JtResolution tendering the thanks of Congress to Major Generals Gordon Gran ger and James A. Garfield, and through them to the Officers and men who fought on er their commands, for their gallantry and heroic conduct in saving the army of the Cumberland at the battle of Chickamauga; which was read a 1st and 2nd time.
Mr. UPSON moved that the JtResolution be referred to the ComMilAffrs. The motion was agreed to. LEGISLATIVE, ETC., APPROPRIATION BILL.
Mr. WASHBURNE, of Illinois. I demand the regular order. The House accordingly resumed the consideration of the unfinished business of yesterday, being the bill (H.R.No. 213) making appropriations for the legislative, executive, an ju dicial expenses of the government for the year ending the 80th of June, 1867, reported from the ComWhole 6n the state of the Union with sundry amendments. The amendments reported from the ComWhole on the state of the Union were agreed to. The question recurred ii.on agreeing to the amendment offered yester ay in the House by Mr. Wasuacaxs, of Illinois, to strike out the following: and from and after the close of the present fiscal {earths annualsalaryotthe Director of the Mint shall O $4.000;and the annual salaries of the treasurer. assayer. melter and refiner. chief coiner and engraver shall be$2, 500each: the annual salary of the asstnssuyershall be $2.2M: and the annual sal aries of the clerks now reciriiing 31300shall be$2, 150 each: and the annual salaries of the clerks now receiving $1,500shall be $1, 800each.
Mr. WASHBURNE, of Illinois. I demand the previous question on the bill and amendment.
Mr. BUNDY. I hope the gentleman will suspend a moment until I can offer an amendment.
Mr. WASHBURNE, of Illinois. take care of my own amendment.
The SPEAKER. The only amendment now in order would be to amend the amendment of the Gentfrom Illinois.
Mr. BUNDY. I shall not get it in in that way.
The SPEAKER. It should have been of fered in ComWhole.
Skip Skip The previous question was 2nded, and the main question was ordered. The question being taken on the amendment of Mr. Wasnaoaxs, of Illinois, no quorum voted. Mr. WASHBURNE, of Illinois. I demand the eas&nays. Mr. ASHLEY, of Ohio. I would like to have the Gentfrom Pennsylvania state the amount now paid and the amount of increase proposed. Mr. ASHBURNE, of Illinois. Is discussion in order? The SPEAKER. It is not. Mr. RANDALL, of Pennsylvania. Is it in order to say that I do not wish to have it stricken out? The SPEAKER. It is not in order. I can only the question being taken on the amendment of Mr. ASHBURNrJ, of Illinms, it was decided in the affirmative yous 88, nays 46, not voting 69; So the amendment was not agreed to. Mr. WASHBURNE, of Illinois. mtRtv the amendments were adopted, on the table. Agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time and passed. Mr. KASSON. mtRtv the bill was passed, on the table. Agreed to.
Mr. WASI IBURNE. of Illinois. I demand the regular order of business.
The SPEAKER. The regular order of business is the consideration of a bill (H.R.No. 238) to amend an act entitled “ An act relating to habeascorpus and regulatingjndicial proceedings in certain cases, ” approved March 3, 1863, uppn which the Gentfrom NewJersey [Mr. Roosns] is entitled to the floor.
Mr. ROGERS. I yield for a.moment to the Gentfrom Ohio, [Mr. LAWRENCE ] BATTLE FIELDS OF THE REBELLION.
Mr. LAWRENCE of Ohio, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Ruched, That the ComMilAffrs be instructed to in mm into the expediencyof reViding by law for the publication of awork which Ihall give 1. A topographical map of the battle fields of the rreobuenldliionng, s, With roads. lflVlDeSs, pecial localities, sur kc. 2. The plan of battle, disposition of troops, artillery.cavalry. fortifications. defenses, the $4. Thlandse apeview of each battle field o mi li tary fplan of the forts. earthworks, &d., held by O recsduring the war. CORRECTION OF THE JOURNAL.
Mr. GLOSSBRENNER. I desire to have the Journal corrected. Upon the vote on the motion to lay on the table the motion of the Gentfrom Ohio [Mr. GARFIELD] to reconsider the vote by which the loan bill was rejected, I am recorded as not voting. I voted in the negative on that question, and am recorded as not voting. 1 ask that the Journal be corrected.
The SPEAKER. The Journal will be corrected accordingly.
Mr. CONKLING. I would like to say on that same point that there has been some mistake, apparently, in the record of the yeos&nays on that question in the Associated Press. Several gentlemen who were not here are recorded as voting. Mr. Horcuxiss, for example, who has not been here forsome time; and several of those who were here, and who voted, are omitted. I happen to be one of those. omitted. I merely want to say that the list tele ru bed to the Associated Press is incorrect.
Mr. WASHBURNE, ofIlliiiois. In this connection let me so. that my name is not recorded in the Associate Press as voting on the loan bill. I was present, and voted on the loan bill, as I have voted upon every measure during this session.
The SPEAKER. The Gentfrom NewYork [Mr. HOTCHKISS] is not recorded on the Journal as having voted. J. STOUT PARKER.
Mr. ROGERS. I will now yield for a moment to the Gentfrom Ohio, [Mr. DEL use.
Mr. DELANO, by unanimous consent, from the ComClaims, moved that the committee of Claims be discharged from the further consideration of bill of the House No. 229, for the reliefofJ. Stout Parker; and also moved that the claim of J. Stout Parker, growing out of the loss of the schooner Twilight, which was sunk in a collision with the U.S. steamer Iroquois, be referred to the Court of Claims for hearing and decision. The motion was agreed to.
Mr. ROGERS. I will yield new to the Gentfrom Wisconsin, [Mr. ELDRIDGE.]
Mr. COOK. I object to any further yielding.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonsnv, its Secretary. informed the House that the Senate had passed the following bills, in which he was directed to request the concurrence of the House, namely: A JtResolution (S.R.No. 45) protesting against pardons by foreign GOvernments of persons convicted of infamous offenses on condition of emigration to the U.S.; An act (S.No.189) to confirm the rant of (BESSIE lands to Jose Domingues, in Cu itoruia 5 on An act (S.No.204) to provide for the annual inspection into Indian affairs, and for other purposes. 4 HABEASCORPUS. The House then resumed the consideration of House bill No. 238, to amend an act entitled “An act relating to habeascorpus and reg ulating judicial proceedings in certain cases, ” approved March 3, 1803. [he pending question was upon the motion of
Mr. Coon to reeommit the bill to the ComJudiciary; upon which Mr. Rooms was entitled to the floor.
Mr. COOK. I desire to give notice that at the conclusion of the remarks of the Gentfrom NewJersey (Mr. Rooms] 1 shall call for the previous question.
Mr. wASHBURNE, of Illinois. The Gentfrom NewJersey Mr. Rooms] refers to the standard bearer ot his party in 1864, George B. McClellan. I would ask the Gentleman if he indorses his action, especially in the matter of the arbitrary arrest of the Maryland Legislature?
Mr. COOK. I demand the previous questing.
Mr. TRIMBLE. I hope that the Gentleman will not insist on that.
Skip Skip The previous question was 2nded, and the main question ordered. ENROLLED BILL SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled a bill of the following title; when the Speaker signed the same: A bill (S.No.54) to amend an not entitled “An act to incorporate the national military and naval asylum for the relief of the totally disabled officers and men of the volunteer forces of the U.S. " EXCISE TAX ON CIGARS.
Mr. PAINE, by unanimous consent, presented a Jtresolution of the Legislature of Wisconsin in reference to a modification of the excise tax upon cigars; which was referred to the ComWays&Means. runsnnsss BUREAU.
The SPEAKER laid before the House a communication from the SecyWar, transmitting, in compliance with a resolution of the House, report of the Commissioner of the Freedmens Bureau of all orders, &c., from that bureau; which was referred to the committee on freedmen, and ordered to be printed. HABEASCORPUS Again.
Mr. COOK. I yield to the Gentfrom Kentucky [Mr. Melisa] 20 minutes of the hour to which I am entitled, under the rules, to close the debate.
Mr. SMITH. I would ask my colleague, as I am suffering a great deal from my lungs and cannot well speak, if he remembers the ease of Reid and Lenan, at Alexandria, in my district, and the circumstances under which those 2 Federal officers were put in jal, to refer to that case and give the facts.
Mr. McKEE. I am obliged to my colleague for the reference. I wanted to refer to that case, and it comes in here very appropriately. The Gentfrom NewJersey [Mr. ltoosns] has talked about arrests and imprisonmentswith i Out warrant of law. Today the only 2 men In the State of Kentucky who are confined for offenses committed during the war are soldiers who served the Federal Government from the time the 1st gun was fired until the close of by the rebellion. They are shut up under an in l dictment found by a grand jury composed of men who during the war were engaged in trea son, and a part of whom were confined at Cam Chase, in Ohio. They are shut up in jail or carrying out the orders of the Dept commander of the State of Kentucky. That is the only case in which men are imprisoned today in the State of Kentucky for offenses committed during the war.
Mr. HARDING, ofKentucky. DoIunder stand my colleague to say that those are the only 2 federalofficers who have been conned?
Mr. McKEE. I say they are the only 2 men who were in either the Federal Army or the rebel army who are now in prison.
Mr. HARDING, of Kentuck. Does not the gentleman recollect the cases of Colonel Wool ord, one of the most loyal men in the State of Kentucky, an original Union man, who raised the 1st troops for the defense of the Federal Government, and ofLientenant ColonelJacobs?
Mr. McKEE. I answer my colleague that I remember those cases well. Colonel Voolford was shut up in rison for a violation of one of the Articles of ar laid down and sanctioned by this body. He was arrested on that charge by ordervof the President. I remember, also, the case of Lieutenant Colonel Jacobs, who was arrested while war was flagrant, because he had made declarations in a public speech which the commander of that Dept deemed and believed had a tend ency to excite to rebellion. My statement is that today, when the war has ceased and Gentlemen are saying here that there is not an armed rebel in the whole country, the only 2 men in prison in the State of Kentucky for offenses committed during the war are men who served in the Federal Army.
Mr. HARDING, of Kentucky. Will my colleague state for what offenses Colonel Wool ford and Lieutenant Colonel Jacobs were imprisoned?
Mr. McKEE. The one for violating one of the Rules and Articles of War, and the other for uttering in a public speech language which the commander of the Dept deemed disloyal.
Mr. HARDING, of Kentucky. In regard to Colonel Woolford, what Article of War did he violate?
Mr. McKEE. That which forbids speaking disresprctfully of the POTUS
Mr. HARDING, of Kentucky. The President himself did not so regard it, and ordered his release.
Mr. McKEE. We all know that the late POTUS was avery good hearted man. I might state a little bit of history here. I went to the risen in the city of Lexington, where ColonelpWoolford was, and saw him, and he said that he was sorry if he had done any wrong and that he desired to be loyal and true to his country, and meant no wrong. I went one hour from that time to the commander of the Dept and he released him without any order from the President. His release was a matter left to the discretion of the Dept commander, through the provost marshal general of said Dept.
Mr. HARDING, of Kentucky. Let me say a word on that point.
Mr. McKEE. My colleague will excuse me. We are not discussing the past. We are discussing the remedy lor the present. My statement applies to today, when war has ceased, and not to men who were shut up when war was flagrant.
The SPEAKER. The gentlemans 20 minutes have expired.
Mr. CONKLING. Has the morning hour expihreed?SPEAKER. It has; but the House is executing the order that the main question be now put.
Mr. COOK. I will now yield to the Gentfrom Ohio [Mr. GARFIELD] for a moment or two.
Mr. GARFIELD. I wish to state in confirmation of what the gentleman who just addressed the House [Mr. McKEE] has declared, that a case has lately come under my notice from his district of a soldier who served under me in that very district in 1861 and 1862, and who, under my orders, assisted in capturing a band of guerrillas and taking a body of rebels with arms in their hands and mounted on horses with the brand of the confederate States on their sides. That man is now indicted before the court, and held to answer for takin the property of these rebels by command of the officers of the U.S. He is waiting to have his case tried, and if he should be taken before judges who were in sympathy with the rebellion, as man of them are, he will no doubt be, by the laws and rules of that court, punished for his obedience to orders in assisting in capturing the reperty of rebels with arms in their hands. nd there are inun merable cases like that arisingin that country. Now, one thing more, and I have done.
Mr. HARDING, of Kentucky. Will the gentleman yield to me for a.question 7
Mr. GARFIELD. I cannot yield even for a question, for I hold the floor, merely to make a statement, by the courtesy of the Gentfrom Illinois, [Mr. Coos.] Now let me say one thing further. Let me quote the remark of that distinguished man, late a Senator of the U.S., now dead
Mr. Collamer made by him at the Baltimore convention. When he was asked to introduce some resolution expressive of the right of the people to be tried by the civil courts, and not ytemilitary, he replied, “Let us as soon as possible try to take some course that shall not make many things which have been done during the war precedents for the future.” I have no doubt that many things were done, many trials were bad, which con(1 not be sustained in the courts of the U.S and here is the place to pass an act of indemnity to cover all the action of the officers of the Government which were done for the general good, and by authority or order of the POTUS Iam very glad that the distinished Gentfrom (entucky [Mr. Me as] has the courage to ask that this principle shall be applied to his State, and that we shall apply it to all the States of the Union, in order to shield every man who in the hour of our danger took some steps which perhaps the Constitution did not exactly warrant. I ope this bill will pass.
Mr. COOK. I yield now to the Gentfrom Kentucky, [h
Mr. HARDING, of Klimtucky. Will my colleague [Mr. SMITH] yield to me to ask a question in order to bring out the facts of the case referred to by the Gentfrom Ohio, [Mr. GARFIELD I]
Mr. SMITH. I will yield, for I am always in favor of lettin the truth come out.
Mr. HARDIN, ofKentucky. Willthe Gentfrom Ohio state the name of the man he says is now indicted?
Mr. GARFIELD. I respectthe brave man too much to do anything which will set the blood hounds of secession on his track.
Mr. HARDING, of Kentuck. Will the gentleman state the court wheret e indictment has been found?
Mr. GARFIELD. I shall give the gentleman and his friends no clue by which they can put in jeopardy the life and security of my riend.
Mr. HARDING, of Kentucky. One otherquestion.
Mr. COOK. Ine w yield half of my remaining time to my colleague, [Mr. Ross] Mr. ROSS} How much time has my 001 league left?
Mr. ROSS. My colleague promised me 3 days ago to give me 20 minutes.
Mr. COOK. Very well, then; but that will give me no time for rely.
Mr. HARDING, of Kentucky. I ask the gentleman to let me introduce some evidence.
Mr. SMITH. I would ask the gentleman if in 1861 and 1862 he heard of a distinguished gentleman in the city of Charleston by the name of Pettigru, who was taken to jail
Mr. SMITH and there permitted to linger and die; and when he was asked whether he would swear allegiance to the southern confederacy, said no, he would support the Constitution of the U.S and die like a man?
Mr. COOK. The Gentfrom Kentucky says 3500 suits have been brought against men for acts done under military orders, and whatever may be said about the duty and power of the State courts to protect them, it is simply a fact that they are not protected, and it is this fact with which we have to deal. his not safe to intrust the question whether Union men shall be protecte from punishment for acts done by authority of the Government to State courts and juries in those States where the masses of the people were engaged in rebellion., The power is only wanting, not the will, to punish these Union officers and soldiers for their action during the war. Shall we give them the powerl Here the hammer fell.]
Mr. BAKER. As my colleague has surren dered nearly all his time to gentlemen from Kentucky, 1 move his time be extended ten minutes.
Mr. HARDING, of Kentucky. I will not object to the extension of time if the gentleman will allow me to introduces. little documentary evidence and make some little explanation in regard to it.
Mr. COOK. I would like to have ten minutes further time, but I have no bargains to make. I withdraw the motion to reconimit.
Mr. HARDING, of Kentucky. 1 should like to introduce some documentary evidence, but I will not object to the extension of time asked.
Mr. COOK. I have no time to answer questions.
Mr. LEBLOND. I simply wish to call attention to the 9th Article of War.
Mr. COOK. But I have no time to respond, and must hasten with what I desire to say. Sir, 1,000s of subnltern officers and private soldiers who,living in the southern States, have stood by the old flag executing the military orders of the Government in hostile communities, have been rose cuted in the courts, and arenowthreatene with punishmentunderlegal sentence. I repeat, as Fsaid in the outsely that the only question involved in this bill the Government of the U.S. will protect the men who were gaged in executing its laws during the rebellion; and whetherjurisdiction will be given to courts where such protection can be made effective and 1,000s of Union men in the South who have fought for the Union are anxiously awaiting the answer. the question then recurred on the substitute reporte by the committee, and it was agreed to. The bill as amended was then orderengross and read a 3rd time; and bein engrossed, it was accordingly read the3rd time.
Skip Skip Mr. COOK demanded the previous question on the passage of the bill. The previous question was 2nded, and the mainquestion ordered. Mr. IARDING, ofKentucky, demanded the reading of the bill. The bill was read. Mr. ROGERS called for the yeas&nays on the passage of the bill. The yeas&nays were ordered. the question was taken; and it was decided in the a rmntive yeas 112, nays 31, not voting 40; So the bill was passed. During the vote, Mr. HILL stated that his colleague, Mr. Darnsss, was aired on this and all similar subjects with SHANKIJN. The vote was then announced as above recorded. Mr. COOK mtRtv the bill was passed on the table. Agreed to.
Skip Skip MESSAGE FROM THE PRESIDENT. A message in writing was received from the POTUS, by Mr. W. G. Moons, his Secretary.
The SPEAKER laid before the House a message from the POTUS transmitting, in compliance with the resolution of the House, a report from the SecyWar as to the number of men in the regu at and volunteer service; which was referred to the ComMilAffrs, and ordered to be printed. rsxmo “iiossv 0:: HAND.”
Mr. CONKLING. I am directed by the ComWays&Means to reportabill declaring money on hand not exempt from taxation. The bill was read a 1st and 2nd time. The bill provides that no exemption from liability to State or municipal taxation shall by virtue of any act of Congress be held to extend to mone on hand.
Mr. STEVENS. I desire to ask the gentleman aquestion.
Mr. CONKLING. I withdraw the previous question to hear it.
Mr. STEVENS. At the time we issued the legal tender notes by the law the man who received legaltender notes was entitled to hold them free from taxation if I understand the law. Now, the only difficulty in my mind is whether it is competent for or fair in Congress to alter the law in regard to our obligations.
Mr. LE LOND. If the gentleman willpermit me. I desire to ask him a question.
Mr. LEBLOND. We desire upon this side of the House to go for the gentlemans proposition. We believe it to be right. But we are desirous of knowing whether in the event the Democrats upon this side of the House vote for his proposition, he will do as he did upon the loan bill, turn round and defeat it because the Democratic party are in favor of it?
Mr. con(LING. Will the gentleman tell me how good a joke must be to bear repeating 3 times in 2 da s? If I knew the value ofajoke which one ends to another after it has been twice cracked, I might answer the question, but without that information I am loath to attempt a response.
Mr. LEBLOND. The gentleman did not answer my question yesterday. We want him to answer it today.
Mr. SPALDING. Will the Gentfrom NewYork ield to me for a moment?
Mr. CONKLING. I ield to the Gentfrom Ohio holding the ear, however, for the purpose of demanding the previous questio.
Mr. HULBURD. Will my colleague yield to me for a moment?
Mr. HULBURD. I rise to make a statement that is personal to myself; and as I have not very often tres passed on the time of the House, I hope I shall be indulged for a moment. Last week I made some remarks on the subject of the loan bill, and in opposition to it. n consequence of that one of teNewYork papers, the Tribune, hastboughtproper to pub is an article in respect to me; and as the article is short, and as t cy have selected me as an unworthy representative of those who oppose that bill, I ask the indulgence of the case while I read the article.
The SPEAKER. Is there objection to the gentleman proceeding? No objection was made.
Mr. GARFIELD. All this may be exceedingly pleasant, but I would ask if it is in order, under the plea of making a personal explanation, for a member to made an attack on a man in no way connected with this House?
The SPEAKER. The Gentfrom NewYork [Mr. HULBUBD] asked his colleague [Mr. Commits] to allow him a portion of his time to reply to an attack made upon him. as be state(, in the NewYork Tribune. The Chair stated the question distinctly to the House, and there was no objection made.
Mr. GARFIELD. Does this come out of the time of the Gentfrom NewYork, [Mr. COXKLING 1]
Mr. HULBURD. I merely ask to have the piece read.
Mr. WENTWORTH. There is an article in the NewYork Tribune about me which I should like to have read. [Laughter.]
Mr. HULBURD. Let the Clerk read what I have sent up.
The Clerk read the following piece, being {)requently interrupted by the laughter of members: HORACE GRIELEYS BID! TO PLACEBVILLI. When Mr. Greeley was in California, ovations awuited him at every town. He had written pow crful leaders in the "ribuno in favor of the Pacific railroad. which had greatly endearedhim to the citizens ot the Golden State and therefore they made much of him when he worit to seethem. At one town the enthusmsticpopulace torehis cel ebrated white coat to pieces, and carried the pieces home to rememberhim by, the citizens of Placervillo prepared to fete the cut journalist and an extra coach, with relays of orses.was chartered of the California StageCompany to carry him from Folsom toflaccrville distuncefort miles. The extra was in someway do lnyed. an did not leave Folsom until late in the afternoon.
Mr. STEVENS. Will the Gentfrom NewYork [Mr. CONKLING] yield to me for a few moments?
Mr. INGERSOLL. Mr. Speaker, would it be in order to move that the article which has {USE been read be excluded from the Globe I this absolutely disgraceful to the HoRep of the U.S. lthat we shRoeupd have consumed so much time in listening to such balderdash and nonsense.
The SPEAKER. Thatcan bedone by unanimous consent. The Gentfrom Illinois [Mr. Innnssorm] asks that by unanimous consent the article which has been read at the Clerks desk be excluded from the Globe.
Mr. ROSS. I object. I think the people should know what we are domg.
Mr. STEVENS. I desire to say a word or 2 with reference to this bill; but before doing so, let me say that while I do not wonder that my friend behind me [Mr. Housman] feels somewhat sensitive about this matter, yet when he has done a great many more good things in this House and has therefore been very much abused by the vagrancies of the press, he will learn to hear such things with equnnimity. Why, sir, I see that this same Mr. Greeley says that I would go as far out of my way to kick a bagof specic as John Randolph would to kick a sheep. [Laughter] I see, howcwer. that Mr. Greeley speaks very praisingly of my friendfrom Chicago. [Mr. Wnxrwoarn]
Mr. wENTWORTH. I hope that that article will be read. Certainly no one will object to that going into the Globe. [Laughter]
Mr. STEVENS. But, Mr. Speaker, to return to the subject before the House, I desire to ascertain whether we can pass this bill without violating the public faith. If we can do so, it will give me greatfpleasure to vote forit. The Gentfrom how York [Mr. Coste iJNG] says that all this trouble arises from our infamous system of papermoney.
Mr. STEVENS. Well, then, “unfortunate system” was the gentlemans language. Now, sir. the gentleman may not like this kind of money, but that is not the question. The act of June 30, 1864, declared in the 1st section that “All bonds.Treasury notes, and other obligations of the U.S shall be exemptfrom taxation by or under State or municipal authority." The 13th section provides that “ The words oblimition or other security of the U.S. usedin thisactshall beheldto include and meanall bonds.coupons.national currency, U.S. notes. Treasury notes. fractional notes, checksfor moneyof authorized officersof the U.S. certificate sofindebtedness, certificatesofde posit. stamps, and other representatives of value of whatever denomination.w iich have beenor may be issuedunder an act of Congress." Now, sir, no man, I think, who reads these words can doubt that Congress meant to de clare that U.S. notes for that means legal tender notes, and nothing else should be exempt from taxation by any State or municipal authority. Do I understand the Gentfrom NewYork [Mr. Coxnmxu] to say that Congress did not mean that?
Mr. CONKLING. No, sir; I did not say that. I simply said that Congress did not, mean that these securities, when held and used only as moncv on band, should not be taxed.
Mr. STEVENS. I do not see the distinction. When U.S. notes are declared to be free from taxation, they are, it seems to me, declared to be so in everybodys hands and in every particular, unless an exception is made. " Sir, I can see that when the nation has violated one of its pledges the transition will be easy to a violation of them all. I do not de sire to make a long speech on this questiou. It seems to me that no man within t ie sound of my voice who understands the English language can misunderstand the terms of this law. A gentleman across the way says that those on that side of the House are neatly to vote for this bill. I do not doubt it. I know how they have regarded the sacred obligations of the U.S. I trust, however, that. gentlemen on this side will take a.different view.
Mr. GARFIELD. In reply to the remarks of the Gentfrom Pennsylvania, [Mr. STEVENS] I desire, in order that the action of those who support this bill may not up our to have the slightest taint or color of repu lotion, to state what appears to me to be the solution of the whole difficulty which the gentleman has raised. It is true that State and municipal authorities are not permitted to tax U.S. notes or Treasur notes when considered as Treasury notes; but the not referred to contains nothing which declares that Treasury notes shall not be taxed when considered merely as money. Ifa State should pass a law to tax green backs by the pound, that, as a matter of course, would be a violation of the statute of 1864. If any municipal authority should adopt an enactment to tax greenbacks us greenbacks, having one tax for greenbacks and another tax for money in general, such a law would be in conflict with the act which has been cited. But I wish to ask the Gentfrom Pennsylvania whether he supposes that this act gives greenbacks an advantage over gold, and whether gold is not U.S. money?
Mr. STEVENS. Yes, sir; that, too, is exrcssly declared to be free from taxation.
Mr. GARFIELD. I suppose Mr. Greeley was correct when he said that the Gentfrom Pennsylvania would go 2 miles to kick a gold dollar. He is willing to kick gold and to pat.“ greenbacks" on the back as being more favored than gold itself. What a remarkable doctrine this is! If a man will take his gold and get “greenbaeks” for it he is not to be taxed on money on hand. I say the act of June 30, 1864 is merely this: that no municipal authority shall tax “green backs” as such, but they may tax them as money on hand. I have no doubtat all if such a cause were carried to the courts it would be decided with the utmost readiness that the States may tax “greenbacks” when used only as money. The simple purpose of the resolution is merely to declare that the exemption from liability to State or municipal taxation shall not extend to money on hand. It refers to “greenbacks” as money in the way that gold is money. I hope the bill will be passed. Mr. CONKLING. I now yield to the Gentfrom Vermont.
Mr. MORRILL I have only aword to say. The bill reported from the ComWays&Means has become necessary because there is no practical uniformity in the operation of the law. I do not know of one instance in the NewEngland States where these legal tenders are not treated in every respect as money on hand. They are so held in California, But it seems. sir, that they are not so bold in some arts of Ohio. Therefore, in order that the law may be uniform in its practical Operations it has become necessary topass this act.
Mr. CONK LING. Mr. Speaker, I want to say a.word in answer to what has been said of the bill. Before doing so I wish to make a remark aside from the purpose.
Mr. Gree leys name has been brought in and somewhat unceremoniously treated, certainly, and although
Mr. Greeley needs no defense or indorsement from me, I venture to suggest and my colleague will agree with me on reflection, I am sure that no wron to him was intended in the article he has rea. It treats him with a consideration which we know he deserves, and it was not said in malice or ill will. whatever the editor of the Tribune says of him will be said as afriend, and said by an earnest, conse ientious ournalist commenting on the events of the ay. But I pass from that subject. Congress has never yet said money on band should not be taxed. The States, as far as I know, which have said anything on the subject have said money on hand shall be taxed. The proposition now is to remove any imped iment there maybe to State legislation and action. I wish to submit to the Gentfrom Pennsylvania [Mr. STEVENS] thisproposition: money is for the illustration a commodity; it is not an obligation payable at a future day. Gold or silver or other money made a legal tender has a fixed value, neither more nor less, for the purpose for which it is used, whether with or without taxation. I say it is a commodity. Suppose it were merchandise, printed goods and Congress says today printed goods shu be exempt from taxation. Is there any taint of repudiation in Congress saying tomorrow that printed goods shall not be exem t from taxation? Could we say, even if we adex em ted money on hand from taxation, that we will withdraw that exemption? In regard to obligations which have a certain time to run, it would amount to repudiation to declare that the party entitled in law and honor to a certain earning upon his investment should receive it with a diminution. I say to the Gentfrom Pennsylvania money passes from bond to hand, and like an ox, ahorse, or a cow, it mav be taxed today and tomorrow be exempted or excm ted today and taxed tomorrow, without repu iotion entering the transaction at all. Mr. STEVENS. I should like to ask a question.
Mr. STEVENS. Suppose congress, wishing to bring a certain thing to pass, 5 ould declare by law that the men who give gold and silver for bank notes shall hold them free from taxation.
Mr. CONKLING. Supose thatifCon one should say of gold and si ver, in the 1st pgce, it shall have a fixed and definite value, specially and generally; that for its face it shall extinguish all pecuniary obligations; and then should add to that such an enactment as the gentleman has supposed. such an enactment would be good and valid precisely as long as it stood, would it be longer? As money passes from hand to hand, as it is the mission. purpose, and business of money that it should in cessantly go as a circulating medium, noperson would be a bona fide holder of it so as to predicate of him the statement that the public faith had been broken by allowing it to be taxed. It would be, as I said before, a commodity taxable now and not taxable at another time, as we please. I askthe Gentfrom Pennsylvania [Mr. Srnvaxs] whether in his judgment Congress could tax the ten dollar gold eagles which cir culate in the country?
Mr. STEVENS. My opinion is, that ifgold had been put in circulation upon the ex)ress condition that it should never be taxe, in whose ever hand it went, it would be a violation to tax it.
Mr. CONKLING. There, Mr. Speaker, is precisely the distinction. Congress neve. but into the hands ofany man greenbacks or ot or money with an agreement that. if he would take that it should never be taxed. My point is that it never was the design to exempt money on hand or interfere with the right of a State ! to tax money on hand, and therefore, there being what is seized upon as on embarrassment or impediment in the way of executing the law, it is competent without a breach of faith for us to remove that imediluent.
Mr. DAWES. I would as the gentleman if he is quite certain that the phraseology of the bill reaches the object soug t for; whether by providing that money shall not be exempt means, by a fair construction of the bill, that greenback currency, non-interest bearingnotes, shall not be exempt. They are not eo “amine money; they are only made equivalent to mone.
Mr. CONKLING. The idea that the committee had was this: 1st, that U.S. notes, socalled, are declared in the statute “lawful money;" audin the next place if they are not money, then the States should not tax them as money. We shall do all we ought if We declare that we take out of their way whatever impediment we have interposed unwit tingly to their taxin “money on hand.”
Mr. SHELLABATGER. I wish to inquire of the gentleman what the understanding of the committee is as to the scope of the bill. He gives as one reason why the bill should be passed that it is a taxation of securities or obigations which pass as ls l tenders. Now, that remark won d seem to indicate that every thing that is of that qualit is to be taxed under the provisions of this bi l. There is a large amount of what are called compound interest notes, legal tender which do not circulate much as money. I wish to know whether it is in the mind of the committee that that class of securities shall be taxable by the States?
Mr. CONKLING. ompound interest nota have never been denominated or defined as lawful money, that I am aware of. On the contrary, the provision which comes the nearest to it is that which makes them a legal tender for the amount on their face, excluding interest. Possibly, however, there may be room for the question which the gentleman makes. But he will perceive that under the bill that will remain a judicial question for assessors and courts to determine. We keep within the purview which keeps us clear of repudiation when we confine ourselves to “money.”
Mr. BINGHAM. Allow me to make an inquiry touching this measure. I desire to ask whether the only object of this bill is not to declare in express terms that U.S. notes, as they are everywhere designated, shall not be exempted from State or municipal taxation. Is not that the sole object?
Mr. CONKLING. Not quite the sole object. The Gentfrom Ohio forgets that the law, as it now stands, is liable to the construction that it also exempts the notes of the national nks.
Mr. BINGHAM. Then it means U.S. notes or national currency?
Mr. BINGHAM. Then what objection is there to utting these words in the bill?
Mr. CENKLING. Perhaps I may say with propriety, and without eneroaching on the rule which makes the proceedings of committees inviolable, that these words or equivalent words were originally in the bill, and that upon consideration they were stricken out by the committee, the conclusion of the commit tee being that the present form is safer and more unexceptiona 10than that which the Gentfrom Ohio suggests.
Mr. BINGHAM. Ibegleave toknowwhether it is intended that this bill shall subject to taxation, as for as it can subject anything to taxation, any securities of the U.S. except the U.S. notes, known as legal tender or the national currency issue?
Mr. CONKLING. I answer for myself and for the whole committee, that there is no de sign that it shall go further. Perhaps I may be pardoned for saying that my individual pref erence was with the Gentfrom Ohio, but I iclded it in deference to the better judgment of the committee. It is suggested that fractional currency is olso included.
Mr. KASSON. I would ask ifthe compound interest notes which by law were declared legal tender for their face excluding the interest are not also included?
Mr. CONKLING. That question has been put and answered, though the gentleman did not hear it; and now, unless some gentleman desires some further information, I demand the previous question.
Mr. BINGHAM. I hope the previousquestion will not be sustained. I desire, in order that we may understand this matter and do our whole duty, that the bill be recommitted and printed, and that there be an opportunity to oltier amendments, so as to make it distinct and c ear.
Mr. CONKLING. I have no personal pref erence one way or the other. I was directed to report the bill and at it upon its passage, but I will, as suggested, let the bill be recommitted to the ComWays&Means and printed, the committee having leave to report it back at any time. lhe motion was agreed to., Mr. STEVENS obtained the floor. TENNESSEE.
Mr. RAYMOND. With the permission of the Gentfrom Pennsylvania, I desire to ask a question, for information, of the Gentfrom Ohio, [Mr. BINGHAM]. Some ten days since the Gentfrom Ohio, on behalf of the ComReconstruction, reported a resolution for the admission of members upon this floorlfrom the State of Tennessee. I would like to know, for the purpose of guiding my own conduct in regard to presence in the House, as I would like to be absent, if he can inform the House when he will probably bring that matter before the House fpor its consideration.
Mr. BINGHAM. I begleave to say that the gentleman has entirely mistaken the prosition I reported. Having made that exp anation, I can only say that have thus far deferred calling up the privileged motion to reconsider out of regard to the pressing public business in the nature of appropriation hills and other measures, but whenever it shall be the pleasure of the House to consider the matter, I am ready to bring it up. In answer to the gentlemnns question, I may say that most like y the question will not be brought to a vote any time during the next week, although it may be called up for discussion.
Mr. RAYMOND. M object was to ascertain when it would be before the House for discussion.
Mr. BINGHAM. I am not able to say, certainly. but if it be the pleasure of the House, I will bring it u some day next week.
Mr. RAYMOND. I supposed the object of reporting it was to have rompt action upon it. It seemed to me to lie one of the most important measures before the House. In that, however. I may differ with the Gentfrom Ohio, [Mr. BINGHAM] as I evidently did in supposmg that the object of the JtResolution was to provide for the admission of Representatives from Tennessee.
Skip Skip MESSAGE FROM THE PRESIDENT. A message from the POTUS, by l
Mr. W. G. Moons, his Secretary, informed the House that he had on the 17th instant approved and signed a bill and JtResolution of fihe following titles: A bill (H. No. 358) entitled “An act to amend an act to extend the charter of the president and directors of the Firemans insurance company of Washington and George town, in the DistCol;” and A JtResolution (H.R.No. 84) for the relief, of the sufferers by the late explosion at the U.S. arsenal in the DistCol.
Skip Skip MESSAGE FROM THE snxsrs. A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed a bill and JtResolution of the following titles: A bill (S.No.140) entitled “An act togrant the right of way to the Humboldt Canal company through the public lands of the U.S.;” and A JtResolution (S.R.No. 49) for the tem porary relief of destitute people in the DistCol. It also informed the House that the Senate had passed without amendment a JtResolution (H. It. No. 45) to change the name of the ship Art Union to George M. Barnard. Josf: nomxocss. On motion of
Mr. THAYER, Senate bill No. 189, to confirm the grant of certain lands to Jose Domingues in California, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComPrivLandClms. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. HOLDING EVENING SESSIONS.
Mr. STEVENS. I desire to have the House proceed to the consideratioif, in ComWhole,of some short appropriation bills; particulurl the postofficeand consular appropriation bi ls. Before submitting that motion, I will move that the order for holding night sessions be suspended for today, with the understanding that wc shall sit here this afternoon until one or both of these appropriation bills shall have been considered in ommittce of the Whole. The motion was agreed to. CONSULAR and DIPLOMATIC BILL.
Mr. STEVENS. I move that the rules be suspended, and that the House now resolve itself into ComWhole for the purpose of considering the consular and diplomatic appropriation bill. be motion was agreed to; and the House accordingly resolved itself into the ComWhole on the state of the Union, (Mr. Dawns in the chair) and proceeded to the consideration of House bill No. 261, making appropriations for the consular and diplomatic expenses of the Government for the year ending June 30, 1867, and for other purposes. The 1st reading of the bill was dispensed with by unanimous consent, and the Clerk proceede to read it by paragraphs for amendments.
Mr. KASSON. There are some tranfers to be made in the different classes of consulates and commercial agencies provided for in this bill. “Aux Cayes, Bahia, Tabase o and Ven ice, ” should be transferred from “ Consulates, schedule B, ” to “Consulates, schedule C.” and “ Amoor River, ” in “Commercial Agen c“ies, schedule B, ” should be transferred to Commercial Agencies, Schedule C." I move to amend the bill in accordance with what I have suggested.
Mr. BROOKS. I suppose this bill was reported in accordance with estimates from the State Dept. I would inquire if the amendment proposed by the Gentfrom Iowa [Mr. ASSON] is at the request of the Dept?
Mr. KASSON. Itis, and for the purpose of reducin the pay of those consulates, the pay having ecu raised under former acts of congress during the rebellion in order to secure more effective servive. The amendmentof mr. Kassox was agreed to.
Mr. INGERSOLL. I would ask the Gentfrom Iowa [Mr. Kasson if the commercial agents under schedule B have the right to trade at the places where they hold Offices?
Mr. INGERSOLL. Then I move to transfer “ Balize" from “ Commercial Agengies, schedule B, ” to “ Commercial Agencies, schedule C.”
Mr. KASSON. I do not know the fen 80R for the change the Gentfrom ingEBSOLL] proposes.
Mr. IlllDOlSEMX. I should be now; has to consent to the transfer without some suggestion from the Dept to that effect.
Mr. INGERSOLL. The Asst SecyState remarked to me the other day that this change should be made, as without trading privileges the place would be almost wort iless.
Mr. KASSON. The committee have received no intimation that the Dept desires this change. I think the bill better pass as it stands, and go to the Senate; and if the Dept desire the change made it can be done in the Senate.
Mr. INGERSOLL. I will not insist on my amendment; I will withdraw it.
Mr. HARDING, of Illinois. Before we pass from this portion of the bill I would ask what is the difference in compensation between schedule B and schedule C?
Mr. KASSON. In the one it is $1,500; in the other $750.
Mr. INGERSOLL. IVhat is the difference between the compensation and privileges of the commercial agents in schedule B and schedule C?
Mr. KASSON. Those under schedule B receive a higher salary and are charged with more responsible duties, in some important particulars, than those under schedule C, who have some privileges of trade, corresponding with the system of the country.,
Mr. WASHBURNE, of Illinois. Mr. Chair man, it is not often that I propose to make an office with asalary attached; and I do not know that I shall make such a proposition now. But, sir, I desire to say and I submit the matter to the attention of the chairman of the ComAppropriat that the SecyState has sent to me, as chairman of the ComCommerce, a communication in relation to the consulate at Malta. This communication comes from the consul at that place, Mr. Winthrop, a gentleman who has occupied the position continuously for 32 or 33 years during all Administrations, and who. as consul, has done a great deal for this country. The salary of this consulate was abolished some time ago; and since that time the consul has received only fees. It appears that now, in consequence of some regulations which have been adopted, the fees of this consul have been almost entirely cut off; and it is stated that no consul can remain st Malta if he receives only the fees. That is, as we all know, a very important point at which to have a consul; and it is important, also, in my view, that we should continue to have the services of the gentleman who now holds the position. r
Mr. STEVENS. The gentlemans suggestion is very proper. The committee had intended to insert a provision to meet this case. I move the following amendment: "Ilnslctrtpt the end of line 97 the word A H. n. The amendment was agreed to.
Mr. STEVENS. Imove to amend by inserting after the word “ China, ” in line 103, the following words: and the consular courts at Bankok. in Siam. So that the paragraph will read: For interpreters to the consulates in China, and the consular courts at Bankok. in Siam. including loss by exchangethereon. $5, 800. The amendment was agreed to.
Mr. STEVENS. In the same paragraph I move to amend by striking out “5” and inserting “six.” The amendment was agreed to.
Mr. BROOKS. I move to amend by striking out lines 119 to 122, reading as follows: i ntFoor expenses under the act of Congressto carry effectthe treaty between the U.S and hAellr lBearintasnlanviae tr Maudjec, s$t7v, 0fooro the suppression of the Mr. Chairman, as we have now abolished slavery throughout the U.S., and are not responsible in any degree for that institution, and as no more slaves are likely to be brought from Africa to the U.S., I desire to ask whether we have not discharged our national obligations on this question and whether it is not time to give notice to GreatBritain for the abrogation of this treaty and cease to make these appropriations.
Mr. STEVENS. The Gentfrom NewYork will remember that this appropriation is made in pursuance of a treaty between this country and GreatBritain. That treaty is not yet abrogated; and until it is, I suppose that we are obliged to make the appropriation. Whether it is proper to abrogate that treaty I do not know. That question belongs, of course, to the Government. But as the treaty still exists, we are bound to make the appropriation.
Mr. BROOKS. I have no means of reaching the Government except through this House, and therefore I rise to say that it seems to me that, situated as we now are with regard to foreign nations, it is quite time for the government to take measures for the abrogation of this treaty. I withdraw the amendment.
Mr. KASSON. I move to amend by adding the following as a new section: Abife:, That the President be, and is hereby.authorized to appoint, by and with the advice and consent of the Senate. an otheer in the Dept of State to becalledSolicitor to the Do partnlent of State, at an annual salary of $3,000
Mr. WASHBURNE, of Illinois. That cannot be in order on this bill.
Mr. KASSON. This amendment is in accordance with the recommendation of the SecyState, communicated in a letter which I have sent for, and which will be here in a moment. It is in harmon with the bill, and is in order under the rule, because it is necessary to carry out the operations of the Dept under existing law.
Mr. WASHBURNE, of Illinois. I raise the point that the amendment is out of order.
The CHAIRMAN. The Clerk will read the rule bearin on the question.
The Clerk read, as follows: “120. No appropriation shall he reported in such general appropriation billsI or be in order as an amendment thereto. for any expenditure not previously authorized by law. unless in continuation of appropriations for such public works and objects as are already in progress and for the contingencies for carryingon the several Deptsof the Uovern men
Mr. KASSON. The letter to which I refer states that, owin to the large number, the very large number, of claims presented by citizens of the U.S. against foreign countries and by citizens of foreign countries against the U.S., arising out of claims for dam ages by rebel privateers and interference with commerce during the late war, it is necessary, for the proper conduct of that part of the business of the Dept, that this officer should be placed there to make examinations, and to reart on them.
Mr. WASHBURNE, of Illinois. There is no quorum of the committee here present, and as 1 do not want to break up the committee by callin for a division, I am willing that this amendment of the committee shall be agreed to, provided we shall be allowed to have a vote on it in the House. The amendment was agreed to. Mr.WASHBURNE, of Illinois. The amendment was agreed to withthe understanding that we should be allowed to have a vote on it in the House.
Mr. BANKS. I move to insert in line 14, before the werd “Mexico” and after the word “Brazil, ” the words “republic of, ” so that it will read “republic of Mexico.” The amendment was agreed to.
Mr. KASSON. In consequence of the amendment moved by the Gentfrom Illinois, I move to insert after the word “ Mal aga” in line 68 the word “Malta, ” and to increase the appropriation in the 102nd line, so that it will read, "$22,000."
Mr. WASHBURNE, of Illinois. to be $21.500.
Mr. RAYMOND. I have been informed at the Dept of State that no increase is needed, as this appropriation will cover all additions. I will add that the consular Dept of the U.S. supports itself by the fees which are received.
Mr. KASSON. Then I withdraw my amendent.
Mr. STEVENS. I move that the bill be laid aside to be reported to the House with a recommendation that it do pass. The motion was agreed to. postoffice APPROPRIATION BILL.
Mr. STEVENS. I move that the committee proceed to the consideration of House bill No. 280, making appropriations for the service of the postoffice Dept during the fiscal year ending the 30t of June, 1867, and for other purposes. The motion was agreed to.
Mr. STEVENS. I move that the 1st reading of the billforiufermationbe dispensed with, and that it be read by sections for amendment. The motion was agreed to.
Mr. BROOKS.R. Chairman, Iho esome efficient system will be devised for the elivery of mails in our cities. The people of the city of NewYork, almost an empire of itself, and of its suburbs, with a million and a half of population, ought to be able to communicate with each other 5 or 6 times every day. At present they have no means of doing so. If there were such means they would yield an abundant revenue to the postoffice Dept. I call attention to the matter here, having no other means of expressinflr my views on this subject than when this bill is pending. I speak of my own city of NewYork, and I say that the delivery of letters by letter carriers there is unworthy of the American people, and de serves at once the action of congress, so that a sufficient remedy may be applied.
Mr. STEVENS. I think that isapertinent inquiryfor the comPostOffice, and I have no doubt the able Gentfrom Massachusetts [Mr. ALLEY] will take charge of it. It has nothing to do with an appropriation bill.
Mr. HOOKS. Butthe ComPostOffice has not the opportunity to report at any time like the ComAppropriat. I wish the chairman of the comPostOffice were ready at the present time to submit an amendment on that subject.
Mr. CONKLING. Does the gentleman refer only to the carriers in the city of NewYork?.
Mr. BROOKS. I only speak of NewYork cit.
Mr. CONKLING. I wish to say that the carriers in my city do their duty most accept ably, and I do not wish any reflections to be cast upon them.
Mr. ALLEY. I will say for the information of the Gentfrom NewYork [Mr. Buoons] and of the House that this carrier system has given great satisfaction in all the cities with which I am acquainted. In my own city it certainly has given very great satisfaction. I have heard no complaint whatever from any Icity, except it may be the city of NewYork have heard some complaint from that city, but with that single excetion I have heard not a word of fault found) with the management of the carrier system in any city or large town of the Union. I do not know that I have any particular information in regard to the city of NewYork, but I presume it is as the gentleman an s, that some parts of that city are not as wel taken care of as others. But it gives such eminent satisfaction to all other cities that I think there must be something peculiar about that particular city which causes so much dissatisfaction there. It ought m The introduction of the carrier system was i, an experiment, and it has been, as the House I understands, of recent date; and thus far the I; system has worked admirably everywhere, unless it may be in the city of NewYork, where, if there are any just grounds of complaint, I trust and believe the may soon be removed.
Mr. STEVENS. move to strike out the item in line 23, page 2: For officestamps.$6,000. The amendment was agreed to.
The Clerk read, as follows: Sec. 2. Abife:, That the following lums be, and the sameare hereby appropriated for the year endingJune 80, 1867o. but of anymoneyin the Treasury notptherwisqapproprinted: For the mail steamshipservice between the U.S and Brazil, $150,000.
Mr. WASHBURNE, of Illinois. I desire to know if this appropriation of $150,000 for subsidizing that mail line is in accordance with existing law; if we are required to vote that full amount.
Mr. KASSON. In connection with the an swer to that in niry I move to insert after the word “sums” the words “or so much thereof as may be necessary." The amendment was agreed to.
Mr. KASSON. This appropriation is in accordance with the law that authorized the U.S., in connection with Brazil, to arrange fora mail service between a ort of the U.S and a port in Brazi. We were required to pay a sum not exceeding $150,000 for our part of the expenses. The law was comlied with and a contract was made for the building of the steamers. They are built, and they commenced running at the close of the year, and are now running between the city of NewYork and Rio Janeiro and this provision is to carry out the duty on the part of the U.S. of paying its portion of the expenditure. But I have ascertained that the Government of Brazil have not yet made the corresponding appropriation. It may have been done, but the Dept is not yet advised of it. It is necessary, therefore, to make the appropria hon.
Mr. WASHBURNE, of Illinois. I would like to know how this operation commenced. It was the understanding that it should be done jointly. If Brazil has not done her part what call is there upon us to do ours before we get anything from that Government to put the line in motion?
Mr. STEVENS. I suggest that an amendment be made by adding the words, “so soon as Brazil complies with its part of the contract.”
Mr. KASSON. That amendment would be unnecessary. The act itself contains a limitation as to the time of pament. This is simplyto provide for it under that law, and it may es no appropriation unless the law has been carried into effect and the law has been carried into effect so far as building the steamers is concerned.
The Clerk read, as follows: For the mail steamship servicebetween SanFrancise o:.la n n and China, for 6 months ending June. i.
Mr. IYASHBURNE, of Illinois. I would inquire if under existing laws we are required to appropriate annually for this service $500,000. Mr. KASSON. Distinctly, under the law of the last congress.
Mr. STEVE.S. Yes, sir, I remember it very well. As the law is so we must make the applropriation whether we like it or not.
Mr. BROOKS. Is it expected to have the steamships go into operation during the coming fiscal year?
Mr. KASSON. The intimation from the Dept is that the steamship s will probably commence running the last half of the next fiscal year. The reading of the bill having been coneluded, Mr. STEVENS moved that the committee rise and report to the House bills Nos. 261 and 280, with the amendments made by the committee. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Dawns reported that the ComWhole on the state of the Union, having had under consideration the bill (H.R.No. 261) making appropriations for the consular and diplomatic expenses of the government for the year endin 80th June, 1807, and for other purposes, an also the bill (H.R.No. 280) makiu appropriations for the service of the postoffice Dept during the fiscal year ending 80th une, 1867, an for other purposes, had directed him to report the same with sundr amendments, and a recommendation that the bills ass.
Mr. STEVENS. I as the House to take a vote on bill No. 280, and let the other go over. I ask the previous question on bill No. 280.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendments reported from the ComWhole were agreed to. The bill was then orderengross and read a 3rd time; and being read the 3rd time, it was passed. Mr. STEV ENS. mtRtv the bill was passed, on the table. Agreed to. CONSULAR and DIPLOMATIC BILL.
The Clerk The House proceeded to the consideration of bill of the House No. 261 making appropriations for the consular and diplomatic expenses of the Government for the year ending 80th June, 1867, and for other or oses, reported from the ComWhole on the state of the Union with amendments.
Skip Skip Mr. STEVENS. I move the previous question on the bill. The previous question was 2nded, and the main question ordered. Mr. STEVEN". I ask that the vote on the bill be postponed until tomorrow., IMMIGRATION of FOREIGN CBIMINALS. On motion of
Mr. BANKS, by unanimous consent, JtResolution of the Senate No. 45, protesting against pardons by foreign governments of persons convicted of infamous offenses on condition of emigrating to the U.S., was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComForAffrs. JAMES STOTT.
Mr. BANKS also, by unanimous consent, presented a.communication from the SecyState, transmitting correspondence on the subject of the arrest of James Stott by the authorities of the U.S. which was re ferred to the ComForAffrs, and ordered to be printed. BOUNDARIES OF NEVADA. On motion of
Mr. ASHLEY, of Ohio, by unanimous consent, bill of the Senate No. 155, concerning the boundaries of the State of Nevada, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComTerritor. INDIAN AFFAIRS. On motion of
Mr. WIN DOM, by unanimous consent, bill of the Senate No. 204, to provide for an annual inspection into Indian affairs, and for other purposes, was taken from the Speaker s table, read a 1stand 2nd time, and referred to the ComIndAffrs.
Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. CORRECTION OF THE JOURNAL.
Mr. ANCONA. I desire to have a correction made in the Journal of today. I find that I am recorded as not voting yesterday on the mtRtv the loan bill was lost. I did vote in the affirmative.
The SPEAKER. Has the gentleman examined the Journal?
Mr. ANCONA. No, sir; onlythe report in the Globe.
The SPEAKER. The Chair is informed that the gentlemans vote is not recorded on the Jonrnal, and the Journal willbe corrected accordingly. IAY OF ARMY VOLUNTEER NURSES.
Mr. DRIGGS, by unanimous consent, introduced a bill to secure pay under certain circumstances to Army volunteer nurses; which was read a 1st and 2nd time, and referred to the ComMilAffrs.
Mr. DRIGGS also presented a etition signed by Lieutenant GenlGrant, Iajor General Augur, Surgeon General Barnes, and some 20 other officers in favor of the object of the bill; which was likewise referred to the ComMilAffrs. RAILROAD EXTENSION.
Mr. WELKER. I ask unanimous consent to introduce a bill to authorize the extension construction, and use by the Baltimore an Ohio Railroad coman of a railroad from between Knoxville an llfbnocacy Junction into and within the DistCol.
Mr. WASHBURNE, of Illinois. I object unless the bill can be read.
Mr. RANDALL, of Pennsylvania and I object to the reading and then, on motion of
Mr. THAYER, (at ten minutes to 5 oclock p. m.) the House adjourned. rimrioxs, arc.
@@@IN SENATE SENATE. Wsnxssnn, March 21, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. COWAN. I rise to a privileged question, which has relation to the records of the Senate. I ask that the Secretary may read the petition that I send to the desk.
The President protempore. The petition will be read, if there be no objection.
The Secretary read it, as follows: 1b the honorablethe Senateof the U.S. in Congress assemble. The undersigned begs most respectfully to represent that on July 21.1862h, ewas appointed military store keeper. Quartermnsters dept, U.S. Army, and nominatedby his lll exccllency the POTUS as military storekecper, quar termastersDept, U.S. Army, and that toward the close of the session of conrosein 18433. His nomination wastaken up onmotionof Ion. Hmvav wll.SO.V.of Massachusetts, in executive session and having been favorably reported by the ComMilAffrs. was confirmed and that it appears however, that no notice of continuation was sent to the President, and that in consequencehe has been deprived of his commission; and further, that he has made every propereffortknown to him toobtain redress without success;and now, he desires an opportunity to substantiatethe abovestatementbe fore your illustrious body by competent Witnesses; and further. your etitioner makes the nllaation against a certain Ca hou nM. Derrmgermf Philadelphia, that at an official interview betweenH. S. Ol cott. special commissioner War Dept, and the said Calhoun M. Derringer. he (Derringer) admitted to him that, being desirousto defeatthe commissioning of your petitioner as militarystorckeeper. U.S. Army. he had succeeded in having your pe titioners name removed from the books of the Senate after your petitioners appointment was confirmed in executive session: all at which can he substantiated by ll. lcotts certificate, dated Philadelphia, August 25. lSGo, and your petitioner most respectfully prays that the case may be investigated and such action taken as may to your honorable body seemnc ccsgrltryto secure {instica and the bestipterests of the pay ic servtce.an your petitioner w: ever rav. Pmunnrnn, GEORGE W. MARTIN March 14.1866.
Mr. COWAN. I now ask that the letter signed by Mr. Oloott may be read.
The PRESlDENT prolempore. read if there be no objection.
The Secretary read, as follows: It will be PHILADELPHIA, Angus t 3, 1865. This is to certify that at an poilicial interview between myself as special CO!H1UISS IOHofCTthe War Dept.nndealhoun M. DerrlnzcrJic admitted to methat. being desirousto defeat the commissioning of Captain cargo W. Martin as military store keeper U.S. Army, ho had succeededin having his (Martins) name removed from the books of the Senate after, as I understood him, the said Martins appointment was confirmed in executive session. T ie reasonallegedfor the act was that he consideredeaptain Martin not a good man. H. S. OLCOTT. Special CommissionerWar Dept.62:.
Mr. COWAN. I now move that those papers be referred to the ComJudiciary. The motion was agreed to.
Mr. COWAN. I also ask that an additional order be made that the committee have power to send for persons and papers in this case. The motion was agreed to. REPORTS OF COMMITTEES.
Mr. WADE. The ComDistCol, to whom was referred Senate bill No. 184, to define more clearly the jurisdiction and powers of the so reme court of the DistCol, have adit under consideration, and directed me to report it back with several amendments. The same committee, to whom was referred a resolution instructing them to inquire into the expediency of increasing the salaries of the judges of the supreme court of the DistCol, have lied the subject under consideration, and, having made provision on that point in an amendment to the bill that I have just reported, they ask to be discharged from further consideration of the subject. The report was agreed to.
Mr. STEWART. from the ComJudiciary, to whom was referred a bill (S.No.185) amendatory of an act to provide for the reports of the decisions of the SCOTUS, reported it with an amendment.
Mr. LANE, of Indiana, from the ComPensions, to whom was referred aJtResolution (S.R.No. 46) removing restrictions upon the payment of pensions to certainpersons while iu the service of the U.S., reported adverse] thereon. e also, from the same committee, to whom was referred a bill (H.R.No. 216) for the relief of Cordelia Murray, reported it without amendment. He also, from the same committee, to whom was referred a bill (H.R.No. 268) for the relief of Albert Nevins, reported it without amendment.
Mr. CONNESS, from the ComPostOffices. to whom was referred the memorial of Wellington & Dorset, submitted a, report accompanied by a bill (S.No.210) for the relief of Wellington & Dor sey. The bill was read and passed to a 2nd reading, and the report was ordered to be printed.
Mr. TRUMBULL. The ComJudiciaryar, to whom was referred a bill (S.No.112) authorizing documentary evidence of title to be furnished to the owners of certain lands in the county of StLouis, in the State of missouri, have directed me to report it back and ask to be discharged from its further consideration, and that it be referred to the ComPrivLandClms which has more properly jurisdiction of the subject. The report was agreed to., Mr. HARRIS, from the ComJudiciary. to whom were referred a bill (S.No.13) concerning appeals, writs of error, and int junctions, and a bill (S.No.182) to calm go the northern judicial district of California, and for other purposes, reported in favor of their indefinite postponement; and the report wan agreed to.
Mr. HARRIS, from the ComJudiciary, to whom was referred a bill (S.No.179) in relation to the district courts of the U.S. in the State of California, reported it with an amendment.
Mr. CONNESS. I hope the Senate will proceed to Consider the hill just reported by the Senfrom NewYork for the consolidation of the 2 districts in California.
Mr. TRUMBULL. It is not printed yet. You had better let it be printed.
Mr. TRUMB ULL. It also consolidates 2 districts in Louisiana, as now amended.
Mr. CONNESS. I did not know that. STATUTES AT LARGE.
Mr. ANTHONY. The ComPrint in, who were instructed to inquire what legislation is necessary in regard to the printing the public statutes of the U.S., have directed me to report aJtResolution (S.R.No, 60) in relation to the publication of the laws of the U.S., and I should like to have it considered at this time. There being no objection, the Senate proceeded to consider the JtResolution, which proposes to direct the SecyState to renew the contract of October 31, 1850 between the Dept of State and Little, Brown & Co., of Boston, Massachusetts, for the annual publication of the Statutes at Large of the U.S., until otherwise ordered by Congress, in conformity with the Jtresolutions approved respectively March 3, 1845, and September 30, 1850; but the time within which the annual edition of the Laws is to be delivered at the Dept of State is to be extended to 70 days after the adjournment of each session of Congress. The price is not to exceed the actual expenditures by Little, Brown 6. Co., for composition, press work, paer, binding, editing, and transportation, (al of which are to be done at the lowest market price, and the paperto be furnished at as low a price as is paid by the Government for paperof the same quality) and 5%. commission thereon.
Mr. LANE, ofIndiana, asked, and by unanimous consent obtained, leave to introduce a bill (S.No.209).for the relief of Zada Saw don, widow of the late John Sawdon, of Ripley county, Indiana; which was read twice by its title, and referred to the ComPensions.
Mr. BROWN asked, and by unanimous consent obtained, leave to introduce a bill (S.No.211) to improve and enlarge the arsenal grounds at StLouiswhich was read twice by its title, referred to tie ComMilAffrs , and, with the accompanying papers presented by him, was ordered to be printed. He also asked, and by unanimous consent obtained, leave to introduce a bill No. 212 to aid in the construction of the ansas an Neosho Valle railroad, connecting the Great lakes, lowafll issouri, and Kansas, with Texas and the Gulf of Mexico, and to secure to the Government the use of the same for military postal, and other purposes; which was read twice by its title an referred to the ComPubLands.
Mr. HENDERSON asked, and by unanimous consent obtained, leave to introduce a bill (S.No.213) for the relief of John H. Ellis, 0. paymaster in the U.S. Army; which was read twice by its title, and referred t6the ComClaims.
Mr. HENDERSON. I present papers in connection with that bill to be referre to the same committee. They were so referred.
Mr. MORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.214) to incorporate the General Hos pital of the DistCol; which was read twice by its title, and referred to the ComDistCol.
Mr. STEWART asked, and by unanimous consent obtained, leave to introduce a bill (S.No.215) concerning certain lands granted to the State of Nevada; which was read twice by its title, referred to the ComPubLands, and ordered to be printed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by Mr. McPnl IRSON, its Clerk, announced that the HoRep had passed the following bills and JtResolution, in which it reuested the concurrence of the Senate: A ill (H.R.No. 213) making appropriations for the legislative, executive, an judicial expenses of the Government for the year ending the 30th of June, 1867; A bill (H.R.No. 238) to amend an not entitled “An act relating to habeaa corpus, and regulating judicial proceedings in certain cases, aproved March 3, 1863; and A bill (H.R.No. 280) making appropriations for the service of the postoffice dept during the fiscal year ending the 30th of June, 1867, and for other purposes. ENROLLED am. srcssn. The message further announced that the Speaker of the HoRep had signed an enrolled Jtresolution (H.R.No. 45) to change the name of the ship Art Union to the name George M. Barnard, and it was signed by The President protempore. NORTHERN KANSAS RAILROAD.
Mr. POMEROY. I move to postpone all prior orders and take up the bill (S.No.145) or a grant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. The route of the proposed railroad is from Elwood, on the Missouririver, in Kansas, opposite StJoseph, in Missouri, west through Marysville to a junction with the Pacific railroad, eastern division, on the republican river, in Kansas. The ComPubLands reported the bill with an amendment, in section one, line 19, after the words “ U.S., " to insert “not designated as mineral lands;” so that the clause will read: Then it shall be the duty of the SecyInterior to causeto beselected fortho purpose saforo said, from the public lands of the U.S. not designated as minerul lands. nearest.to tiers of sec so much land. in alternate sections.6:0.
Mr. CONNESS. If that is intended to be an exemption of mineral lands, I do not think it is a complete one, because there is no general designation that I know of made by the U.S. of mineral lands as such.
Mr. POMEROY. The surveyor general makes the desi nation from the public surveys. If the Senator desires to put the exemption in anyiother form, I shall not object.
Mr. CONNESS. I think it would be prefer able to change the language so as to make it conform to 51c acts that have been passed on that subject. This is the 1st time I have ever heard that form of language. I do not think there is a form of specific designation.
Mr. POMEROYl.) “Not mineral" is the usual form.
Mr. CONNESS. I have not a copy of the bill before me, and cannot suggest a change; but I think a change should be made.
Mr. POMEROX. “Not mineral” is the usual form, and I have no objection to chan ging it in that way.
The President protempore. Does the Senator so modify the amendment?
Mr. POMEROY. Yes, sir. I will modify it by inserting. in lieu of the words “not designated as mineral lands, ” the words “not mined, ” so that the clause will read: It shall be the duty of the SecyInterior to cause to be selectedfor the purpose: aforesaid. from the public lands of the U.S. not mineral, nearestto tiers of sectionsabove specified, do.
Mr. CONNESS. I suggest to the Senator that it is not a sufficient designation to say “lands not mineral.” He had better reserve that and put in a special proviso: Provided, That mineral lands or lands containing gold or silver, shall not be conveyedunder the provisions of this act.
Mr. POMEROY. There are no mineral lands within 1,000 miles of this road, and I deem the phrase “ not mineral ” sufficient, because no minerals have ever been found there, and that is the usual form, the old form.
Mr. Cassrms] Let this amendment be adopted, and then you can put on the other proviso if you wish to do so. The amendment was agreed to.
Mr. BROWN. I move to amend the bill in section one, line 8, by inserting after the words “Republican river, the words, “or at some point east of the 100th meridian, " so that it will read: That there be and hereby is. granted to the State of Kansas. fort a pardoeof aling in the construction of the Northern ansas railroad, to wit. from Elwood, on the Lliaouririver. in Iutnsas, and opposite the city of Saint Joseph. in the State of Missouri. west through Illarysville, to aiunction with the pay citic railroad, eastern division. on the Republly flll river or atsamopoint east of the 100th meridian in Kansas, overy alternate section. kc.
Mr. LANE, of Kansas. I hope the Senfrom Missouriwill not insist upon that amendment. If the Union Pacific railroad runs up the Smoky Hill route, the cannot form a junction cast of the 100th meridian.
Mr. BROWN. They can form a junction w“ith the other branch by striking out the words eastern division."All I desire is to give them a connection in any event.
Mr. LANE, of Kansas. The probability is that the 2 roads will be separated; that the northern branch will run on the north side of the Platte, and the eastern division branch will run up the Smoky Hill. In that case they will be permitted to connect at any point. It
Mr. POMEROY. If the Senfrom missouriwill strike out the words “eastern division ” he will accomplish all that he desires.
Mr. BROWN. I proposeto strike out those w ords.
Mr. LANE, of Kansas. Why limit them at all? Wh not permit them either to connect with the nien Pacific or with the Northern Pacific at an oint?.
Mr. BRO That will suit just as well; and if the Senator will draw up an amendment in that sha e I shall have no objection to it.
Mr. PO EROY. The only difficulty about that is, that the Burlington an MissouriRiver Railroad Company have got the rant south of the road leading from Omaha. I have no objection to the amendment, but I am satisfied they cannot do that.
Mr. LANE, of Kansas. The Senfrom Missouriwill accomplish his object by striking cut the words “eastern division on the Republican river;” so that it will read: To niunction with the Pacific railroad in Kansas, every alternate sectionof land. 0.
The President protemper e. The question is on the amendment as modified. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended and the amendments were concurred in. The bill was orderengross for a 3rd reading, read the 3rd time, and passed. PUNISHMENT OI COUNTERFEITING.
Skip Skip The bill was reported to the Senate, orderengross for a 3rd reading, and was read the 3rd time, and passed. USE OF HALL FOR LECTURES.
Mr. WILSON. I move that the use of the Hall be granted to Mrs. M. C. Walling, recentlya refugee from Texas, now a resident of Illinois, to deliver a lecture in on Tuesday evening next, the floor of the Hall to be used only for members of the Senate and HoRep and their families.
Mr. GRIMES. As that will establish a very important principle, by which we shall be governed hereafter suppose, I call for the yeas and no s on that motion.
The PRESIDENT protempon. The Chair can entertain the motion at the present time only by unanimous consent, as the morning hour has exired and it is now the duty of the Chair to cal u the special order.
Mr. CONNESS. fhope this matter will be voted on now.
The President protem ore. Objection being made, the motion, in the opinion of the Chair, cannot be entertained, as the hour has arrived for the consideration of the special order. INTERNATIONAL OCEAN TELEGRAPH. The Senate resumed the consideratibu of the bill (S.No.26) granting to the International Ocean Telegraphic Company the right and privilege to establish telegraphic communication between the city of NewYork and the West India islands, the ending question being on the amendment of Mr. SHERMAN, in section 3, line 2, to insert after the words “at any time” the words “ to fix and alter the rates for the transmission of messages and, ” so as to make the section read: That Congress shall have power at any time to fix and alter the rates for the transmissionof mes sages and to alter or repeal the foregomgact.
Mr. CHANDLER. I hope that amendment will not be adopted. Ful control is now in the hands of Congress as the hill stands. I be c the bill will pass as it stands.
Mr. SHERMAN. I ask for the yeas and na 3 on the amendment. The cats and an s were ordered.
Mr. (, HANDLE t. The ComCommerce very carefully guarded this bill b. but ting in the 3rd section that “Congress shall have power at an time to alter or reeal the foregoing act.” think that covers the whole ground, and that it is improper to place the company so completely under the control of Congress as is now propose d. The bill is very carefully guarded, and Ihope it will be passed as it is. I trust the amendment will not be adopted. Ii
Mr. SHERMAN. Yesterday it was stated by the friends of this bill that the right to fix the rates was involved in the power to repeal or alter the charter. I did nott ink so myself. The adoption of this amendment will go very far toward removing my objections to the bill; but without this amendmentthis company may charge ten dollars a word for a dispatch between this country and Cuba. There is no limitation upon their power, no right to control them for 14 years. It seems to me that the power to alter or repeal the charter does not include the powerto fix the rates. We may recal the charter, destroy the franchise, and the property may fall; but I do not think that inc miss the power to fix the rates. I Yesterda, when this amendment was proposed, it seeme to be conceded by the friends of the bill that the one included the other. That being so, I am rather surprised that the Senfrom Michigan should now oppose it.
Mr. HARRIS. I am very sure that the proposition of the Senfrom Maine will not e acceptable to the gentlemen who are engaged in this enterprise.
Mr. FESSENDEN. Then they do not tell me the truth as to what their object is, because this will effect it.
Mr. HARRIS. See what its effect will be. It will be simply to put the Spanish company that has been spoken of into the American market, and any American company who will bid highest for thabeharter will may can arrangement with the Spanish company expecting to come to Congress and get leave to land on our shores. That will be the result of it. I am pursuaded its effect will be to defeat this enter prise, and it seems to me that the Senate is not prepared to adopt any measure that shall result In that way.
Mr. FESSENDEN. It does seem astonishing to me that gentlemen will insist so very strongly iipon granting a monopoly and tying up the hands of Congress and of the country for 14 years on an assumed ground that can be met in another direction and by a provision leaving the hands of Congress free. If all that is desired and I am assured that is all there is of it is just to enable this company to keep the S anish company 06 and to make a bargain with them, my amendment will do it. It prevents any other company, either foreigntion between our shores and any foreign country until they get the leave of Congress. Now, sir, if we give this privilege to this company on will Congress be guilty of such bad faith as immediately to take it out of their hands and grant it to somebody else?
Mr. HARRIS. That is not the trouble is not what Congress will do.
Mr. MORRILL. Allow me to inquire what is the precise question now before the Senate. The BRESIDINGOFFICER, (MLPosu mot in the chair.) The question is on the amendment moved by the Senfrom Ohio, [Mr. Streams]
Mr. MORRILL. Suppose we vote on that, and then we can talk about the other question. The questioa being taken by ycas&nays, resulte ycasl7, nays 21; ABSENT 12. So the amendment was rejected.
Mr. HOWE. I move to amend the bill by strikin out I”5” and inserting "two" in the eig ith line of the 2nd section, so as to require these parties to complete the line in 2 years.
Mr. CHANDLER. I should have no objection to that amendment were it not for the accidents that attend the laying of submarine cables. For how many years has the Atlantic Telegraph Company been trying to lay the At lantic cable? This cable will be liable to the same kind of accidents. The company intend to go on immediatel and lay the cable as soon as it can be done. do not think the amendment is necessary, but it" the Senfrom Wisconsin will make it 3 years I shall not object; I am willing to accept that. Mr. HOWE. Very well; Imodify my amendment so as to say " 3 cars.”
Mr. JOHNSON. I asr the Senfrom Michigan whether he thinks the work can be done in 3 years. I doubt it very much.
Mr. CHANDLER. I hope it can be; if it shall not be sufficient we can extend the time. I should referto retain “ 5 years” in the bill, but i) hope it maybe done within 3 years, and therefore make no objection to that amendment.
Mr. JOHNSON. I suppose it could be done in 4 years. If the honorable member who offered the amendment to fix 2 years, and who has accepted the proposition to make the time 3 years, will accept another modification and make his amendment “four years, ” I think the Senate perhaps will be unanimous. I doubt very mnc whether the work can be done in 3 years.
Mr. HOWE. I do not think there is the slightest doubt about the ability of this company to lay this wire in 3 years. I do not think there is the slightest doubt but what if they lay it at all. they will lay it in the next 2 seasons. I understand that but for a delay in their operations it would be laid this season. I do not suspect the gentle men engaged in this enterprise of any such design. but] do not think it is right to give the pi an exclusive Plll ge O maintain this line for 14 years, "d um“ s an exclusive right to market that privilege for 5 years. I think they ought to have a reason able time in which to lay the line; and if I had the slightest doubt about 3 years being a reasonable time I should be willing to extend it.
Mr. CHANDLER. There is a negotiation to be made with the Spanish company. How long it will take to made that negotiation it is impossible for me to say.
Mr. HOWE. It is impossible for me to say; but I do not want to give them a great many years to negotiate with the Spanish company.
Mr. CHANDLER. I am satisfied to take 3 years.
Mr. HOWE. That is the way my amendment now stands. The amendment was agreed to.
Mr. FESSENDEN. I move now to amend the bill by striking out the word “sole” before “privilege” in line 5 of section one.
Mr. CHANDLER. That is a motion to kill the bill. Ifthe Senate desire to kill the bill they will adopt that amendment.
Mr. MORRILL. I understand that my colleague makes this motion with a view of followin it, if it should be successful, with the amendment which he has stated to the Senate.
Mr. MORRILL. If the amendment which he is to offer is to have any influence on the votes of the Senate on the quetion of striking out, I desire to call the attention of the Senate to the proposed amendment. It will be recollected that the argument yesterda was, that it was doubtful whether Congress adpower to grant an exclusive right to lay a submarine tclegraph from the shores of anyone of the States to a foreign country. This amendment would seem to involve that question in a very obnoxious form, truly, I think, obnoxious to the criticism raised yesterday. It is well settled, I think. by the courts in this count that the commercial power is not exclusively in the Government of the U.S., unless the Government of the U.S. chooses to exercise it. For instance, the Government of the U.S. has exclusive jurisdiction over all foreign commerce and over all questious arising in the foreign commerce of the country. Basing this bill on that power, it was said yesterday that it was doubtfu whether we could exercise this power to the exclusion of the right of a State. It has been settled that the State may exercise the rits of commerce over that Jurisdiction which is confess edly foreign and exterior provided Congress has never undertaken to exercise the right, and until Congress does exercise such right the State may exercise it. Now, the questionI raise is, is this an exercise of the right? Does Congress by simply putting a negation in a bill exercise its power over the question of commerce?
Mr. MORRILL. Simply because it does not, I conceive.
Mr. FESSENDEN. It does it by prohibit iu just as much as in any other way.
Mr. MORRILL. But conceding now that the State has a right to exercise it If Congress does not interpose to exercise the right, to wit, the right to grant to this submarine telegraph company this exclusive privilege, cannot the State do it? Can the Congress of the U.S. accompany a bill simply granting the right to a company to lay a submarrne telegraph from the shores o a State to a foreign country with a declaration that no other company from the shores of any State or from the whole coast of the country shall exercise any similar right without the consent of congress? Whethert is is sound or not, I submit tfiiit it presents a case vastly stronger than that which my honorable colleague raised yesterday against the jurisdictionot Congress to exercise this power. I shall vote against the amendment on the general rounds stated by the Senfrom N NewYork. billliink it would tend to defeat the objects of the l.
Mr. FESSENDEN. I did not intend to say a word more on this subject, and I really l do not care much about it, except simply to do my duty in the premises and when that is done, if the Senate think this privilege ought. to be granted, so be it; I am content. But perhaps I ought to say a word in rely to the argument of my colleague. I think he has refined it to a degree. Yhat in the worldisthis but a prohibition? Congress grants the right to one corn )any and prohibits any other company from doing it. If it has the power, through its connection with commerce, to prohibit in the bill any other company from doing it, why cannot it prohibit it in iota? If Congress has the power, through the commercial power vested in it by the Constitution, to act upon this subject at all for the benefit of commerce, I am yet to learn that Congress is not at perfect liberty to exercise its own discretion for the benefit of commerce, either by granting or prohibiting.
Mr. MORRILL. If my colleagucwillallow me, there is a distinction between the right to prohibit and the right to reulatc.
Mr. FESSENDEN. Is iould like to know if you cannot “ regulate" by prohibiting as well as in any other way.
Mr. MORRILL. You do not regulate by prohibiting.
Mr. FESSENDEN. Certainly you regulate by prohibiting an act from being done which you think injurious.
Mr. MORRILL. Butm distinction is, that instead of regulating, you destroy, and that you cannot do.
Mr. FESSENDEN. If you think thata certain act is or will be injurious, cannot you de stro it? h
Mr. FESSENDEN. Why not? If it be injurious to commerce, and it is under the reg ulating power, you can as well prohibit and prevent us you can act aflirmatively and grant.
Mr. MORRILL. If my colleague will allow me, I will illustrate it in this way: Congress. can regulate the commerce upon all the interior navigable waters; but can congress say that those rivers shall not be navigab e?
Mr. FESSENDEN. I do not know that they could.
Mr. MOREILL. Very well; that is the point exactly.
Mr. FESSENDEN. I do not know that they could in that case.
Mr. MORRILL. I submit that illustration.
Mr. FESSENDEN. But I do not think that illustrates it at all. Here is a power ranted to a company. Cannot on say, for the benefitof the commerce of the U.S., that no company or person shall do a certain act which congress thinks injurious? If it cannot do that, you cut olf a very 1. rue portion of its power. It will not do to say that Congress is prevented from interfering with a thing inju rious to commerce, because by prohibiting it might destro it. I wonder why the point is not raised w ten the Senator advocates a bill anting an exclusive privilege to a company. I: not phat prohibiting all other companies from doing anything in the same direction? It is the same thing in result. I only rose to comment upon that particular thing. I did state ycster ay that there was some doubt about this power; but the same very intelligent gentleman who conversed with 1pe stated that tcmatter had been very thor oughlyinvestigated by counsel, and they thought Congress had the exclusive power, if it chose to exercise it, over the marine league next to the shore. I think it. likely that that may be so. If it has it can exercise this power which I propose. If it has not, then this grant of an exclusive privilege is good for nothing and any company may do what it leases. But, sir, I find that this case is just 1i 1: all others. Nothing that accomplishes the purpose which Gentlemen say they have in view will answer,un less it does something more that they do not pretend to have in view, but which they think essential. Here is this idea of an exclusive privilege for 14 years. Gentlemen say it into prevent a foreign company from interfering or controlling it. I offer them something that will control it, and they say that will not do. It is always so. If the idea is to be followed out that this company must have its own way, I am willing. if temajority say so, that it should. I always submit to defeat with good grace. If the majority say so, very well; I have no objection.
Mr. SPRAGUE. I object to this bill for a reason that has not been stated, and that is, that it grants a valuable property without consideration. I resume that this grant in the market is wort half a million of dollars. I cannot conce lve of the necessity or the use of making this rant without a consideration of some kind. on refuse to permit Congress to regulate the prices under it for the procation of the people against exorbitant demands; you refuse to permit anyone to have any charge or direction of this matter except the company who are to receive these advantages, and from whom we derive none. While the people of the U.S. are being taxed so heavily, and their industry almost prohibited, it seems to me Congress should not grant valuable privileges Without a consideration.
The PRESIDING OFFICER, (Mr. Doo LITTLE in the chair.) The question is on the amendment offered by the Senfrom Maine to strike out the word "sole" before “priv ilegcH in the 5th line of the 1st section.
Mr. FESSENDEN. I should like to have the yeas&nays on that amendment. The ycas&nays were ordered; and being taken, resulted yeas 18, nays 22; ABSENT and So the amendment was rejected.
Mr. COWAN. I propose to vote for the bill, although I am free to say I do not know what power Congress has in the premises. It is true we have exclusive jurisdiction of the marine league, but we only have that exclusive jurisdiction submodo and for particular sans itary and police purposes. I siould suppose that this right was exclusive in the States. mm the nature of it, and that the only jurisdiction Congress could exercise over it would be in time of war, just as they would exercise it ovor any inland telegraph. I shall votefor the bill. not because I am conferring anything val uable upon any company unless they can make something valuable out of it by dealing with foreigners.
Mr. HARRIS. That suggestion has been made once or twice, and I will state in a word how I understand the legal question to be. I understand that the Congress of the U.S. have exclusive jurisdiction over the marine league, and that no company can construct a telegraph wire over it Without the consent of Congress.
Mr. COWAN. This is under it, in the water.
Mr. HARRIS. Under it orover it. I understand, too, that the State of Florida has exclusive jurisdiction over that tract between high water mark and low water mark, and that this company will have to go to the State of Florida to get permission to construct their telegraph over that; and then they have also to make some arrangements withjhe individual who owns the land to the high water mark. I understand those 3 powers are all to be consulted before this company will be able to enter upon their enterprise. It is very well for them to begin with Congress, because Congress has exclusive jurisdiction over the length of a cun nonshot called a marine league.
Skip Skip The bill was orderengross for a 3rd reading, road the 3rd time, and passed; and its title was amended so as t) read: “A bill to encourage telegraphic communication between the U.S and the island of Cuba and other West India islands and the Bahamas.” THOMAS P. WILSON On motion of
Mr. CHANDLER, the senate, as in ComWhole, proceeded to consider the bill (S.No.146) for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil, which had been recommitted to the ComCommerce on the 14th of March and reported on the 16th, with an amendment to strike out all of the original bill after the enacting clause, and to insert in lieu thereof the following: Thnbthe Seerctaryof the Treasury be and he is hereby, authorized to pay to Thomas F. Wilson. late U.S. consulat.Bahia. 81.500.0uotfany money in the Treasury not otherWise appropriated. in full compensation for extra services, and for all other claims he may have against the Government, while in the serviceof the U.S. as consul. The amendment was agreed to.
Mr. FESSENDEN. I should like to have some explanation of the bill. I do not know an thing about it. Mr. CHANDLER. It is the same bill that was discussed here the other day.
Mr. FESSENDEN. Is it the one in relation to the cuttin out of the Florida at Bahia?
Skip Skip The bill was reported to the Senate as amended, and the amendment was concurred in.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. VESSELS FOIL QUARANTINE PURPOSES. On motion of
Mr. CHANDLER, the Senate, as in ComWhole, proceeded to consider the JtResolution (H. It. NO. 57) authorizing the SecyWar and the SecyNavy, respectively, in their discretion, to place gratuitously at the disposal of the commissioners of quarantine, or the properauthorities of any of the ports of the U.S., to be used by them temporarily for quarantine puiiposes such vessels or hulks be longing to the U.S. as are not required for other uses of the national Government, subject. to such restrictions and regulations as the ecretaries may respectively deem necessary to impose for their preservation.
Mr. GRIMES. I move to amend the resolution in the 3rd line by striking outthe words “and the SecyNavy, ” so that the resolution will authorize the SecyWar to place at the disposal of these quarantine authorities such vessels under his charge as may not be required for Government uses.
Mr. CHANDLER. I hope that amendment will not. prevail.
Mr. GRIMES. I have but a word to say in behalf of this amendment. In the 1st place, I suppose this resolution is intended for the benefit of the harbor of NewYork. I do not know any reason why this Government, if we had the vessels, should furnish them to one particular harbor, or to a particular city, to the exclusion of another.
Mr. MORGAN. Is that the character of this resolution?
Mr.CHANDLER. This resolution has no more application to the city of NewYork than to any other city. The language of it is: The commissioners of quarantine, or the prover authorities of any of the ports of the U.S.tales. If the SecyNavy has no ships that he can loan to the commissioners of quar antine or the commissioners of health for this purpose, I do not see that there is any harm done by granting him the permission to do what it is utterly impossible, as the Senator says for him to do. The object of the resolution is, that in case of a sudden alarm, as last fall, for example, when a ship laden with cholera made its up earance in NewYork her her, should such asi appearin NewOrleans orfolk or Baltimore, or in any of the other of our seaports, ludenwith cholera, having no cholera hospital prepared, this ship or hulk, or whatever it may be, that is not in requisition by the Dept, may be turned over to the use of the health commissioners in that particular locality. I am told that in the harbor of N NewYork they have today the NCarolina, capable of holdin 1000 persons in case of necessity. I iope that no ship will ever be called for. I hope the cholera will never make its appearance; but it may. If, from the lack of a ship that the Navy Dept had on hand, for exam pge, the NCarolina in the harbor of NewYork, the cholera should be landed and 1,000s of lives should be sacrificed, I think the Senator would perhaps blame himself for having opposed this resolution. There is certainly no harm in it, for it merely grants the permission in case the Secretaries of War on of the Navy have the ships. That is all there is in it.
Mr. GRIMES. The remark which the chair man of the ComCommerce has just dropped with regard to the NCarolina shows, I will not say the ignorance, but the ab sence of knowledge with which we are attempting to legislate here. He 5 weeksof the NCarolina as being an old hul. Why, sir, she is the receiving ship at that station, and has been used for that purpose during the winter, and has today from 12 to 1500 men on board of her, and the are compelled to be kept on board of her. sit proposed by the chairman of the ComCommerce to take that vessel away from the Navy Dept and use her for quarantine purposes? Can he name another vessel within the reach and control of t ie SecyNavy that can be used in this way? I want the chairman of the ComCommerce, who has now a considerable fleet under his command of revenue cutters and so on, to keep command of his own squadron, and not interfere with the jurisdiction of other people. If it is necessary that he should use these vessels, if there must bea marine patrol established or hospital ships let him take the revenue cutters. Some of them are large, airy, beautiful, and well adapted for this purpose quite as well adapted as most of the naval vesse s are. This is a commercial measure. What 1 object to is that he shall come in and intrude upon other peoples inan ors and undertake to ta e away the arinedship s of the country and convert them into hospitahi. I knew the argument would be urged, as it is urged by him, that this only confers an authority, and does not impose any obligation upon the part of the Secretaries. But. if on pass this bill you will have all the commissioners of golice and 2/3rds of the city council of NewYork down here in less than 24 hours importuning the President or the SecyWar and the SecyNavy, and abusing every man who, as they think, thwarts their views on the subect or prevents vessels being handed over to their keeping.
Mr. GRIMES. They have one, the Illinois, belonging to the War Dept, an immense ship, larger than any of our naval vessels. Let them keep her if they wanther. I do not want to reclaim her. I think she is performin" as valuable service there as she will anyw ere else, if I understand the character of the shi, and I think I do. But if we are going to of this for NewYork, shall we not do it for Port land? Shall we not do it for Boston and Phila del hia? Shall we not send the Michigan u to etroit as n uarantine vessel at Detroit. Will not these 0! er cities and towns present just as strong claims as the city of NewYork?
Mr. NYE. Ialways differ with great difii dence with the chairman of the Naval Committee; but, sir, it seems to me thatthis is a resolution that addresses itself to the humanity of this nation. The resolution is based upon the hypothesis that the cholera in its dread march will follow the tracks that it did in for mer years. It astounds and paralyzes this whole nation in viewing at a distance the com, sternation that must come with it.
Mr. GRIMES. It came by way of NewOrleans the last time.
Mr. GRIMES. My objection to this matter may, in the estimation of the Senfrom Nevada, be “quibbling;" but it is not “quibbling” in my estimation.
Mr. GRIMES. I understood the Senator to say so.
Mr. GRIMES. I thinkit is very important that we should keep the operations of these various deptts distinct. If it becomes necessary that quarantine should be established by the national Government at NewYork, I am content that the Government should establish it. I undertake to say that if it does establish it, it must be established under the provisions of the Constitution that relate to commerce between this country and foreign countries, and it should be regulated by tie Treasury Dept. Inm not willing to give to the Treasury Dept or to the State dept, as was proposed in the HoRep the other day, the control of the Navy, however it may be with the Senfrom Nevada or the Senfrom Michigan. I do not know the exact number, but I suppose there are some 30 or 40 revenue cutters.
Mr. CHANDLER. They are all now on duty and used for this purpose.
Mr. GRIMES. I suspect the Senator is not 5 eaking with very great accuracy when he says that all the revenue cutters are used for that particular purpose.
Mr. CHANDLER. They are all on police duty.
Mr. GRIMES. I believe they have unlim ited power to build revenue cutters. If they have not, let them apply to Congress and get the necessary power to build revenue cutters. When Senators cannot name a single vessel, or bulk. as it is called. that can be used for this purpose. not now in use by the national Government. why do they propose to select from the Navy vessels for this purpose?
Mr. CHANDLER. If the Senator will pardon me for interrupting him, the SecyNavy himselftold me that the NCarolina was condemned and was not in use for any purpose. I named the NCarolina because the SecyNavy himself gave me that personal assurance.
Mr. GRIMES. Of course I cannot speak as to the conversations that took place between the SecyNavy and the chairman of the ComCommerce. I can only say that when I was at the Brooklyn navy yard a few months ago, the NCarolina was the receiving ship at that station.
Mr. CHANDLER. I am aware that she has been.
Mr. RIDDLE. I am not disposed to interfere or mingle in this debate. I agree with the chairman of the ComNavAffrs, and shall vote against this resolution. I am not disposed to make cholera hospitals out of our naval vessels. I think that this talking about the cholera in the Senate is only inviting it here. I think the less we say about it the better, because by talking about it we are in voking it, we are creating fears which should not exist. I therefore move to lay the whole subject on the table.
The PRESIDING OFFICER. The motion is to lay the resolution on the table, and that motion is not debatable.
Mr. CRESWELL. I understand the motion to be to lay the whole subject on the table; and if it takes the cholera with iIt will vote for it. [Lnughter.] The motion was not agreed to.
The PRESIDING OFFICER. The question now is on the amendment of the Senfrom Iowa to strike out the words “ and the SecyNavy, ” in the 3rd line of the resolution. so as to confine its operations to the War Dept.
Mr. GRIMES. I call for the yeas&nays on that amendment. The yeas&nays were ordered; and being taken, resulted yous 11, nays 17; ABSENT 22. So the amendment was rejected.
Mr. BUCKALEW. I move to amend the Provided. That this resolution shall continue in forceone year from its passage. The amendment was agreed to. The JtResolution was reported to the senate as amended; and the amendment was concurred in, and orderengross, and the JtResolution to be read a 3rd time. It was read a 3rd time. I
Mr. ANTHONY. I oppose this JtResolution for a reason entirely different from those stated, although I think those are sufficient. I regard this as a proceeding that belongs to the 14thor 15th century, rather than the 19 th. No question in medicine that has ever been disputed is better settled than that quarantineis as useless against the cholera as it would be to attempt to kcc out the east wind by unrantine; and the c ect of a measureof this kind will only be to divert the public mind from the sanitary measures which alone can arrest the progress of the disease, and they are temperance, cleanliness, and orderly living.
Mr. COWAN. Let it be referred to the committee on ventilation. [Laughter]
Mr. ANTHONY. I think that would be a very properreference for it; I think that committee could suggest much better measures than a uarantine.
Mr. CHANDLER. I call. for the yeas and nnys on the passage of the jomt resolution. [be yeas&nays were ordered; and being taken, resulted yous 19, nays 12; ABSENT 19. So the JtResolution was passed. On motion of
Mr. MORGAN, its title was amended by adding the words “for one year.” INTERSTATE COMMERCE.
Mr. CHANDLER. I ask the Senate to take up the bill (S.No.66) to facilitate commercial, postal and military communication between the several States, for the purpose of making it the special order for this day week.
Mr. "ESSENDEN. I hope it will not be made a special order; there are other matters of importance which are to be considered next wee.
Mr. CHANDLER. As there is objection to making the bill a special order I withdraw my motion and content myself now with giving notice that I shall at an early day call up the bill and press it to a vote. GOLDSMITH BROTHERS. On motion of
Mr. NESMITH, the bill (S.No.192) for the relief of Goldsmith Brothers. oft he cities of SanFrancise o, California, and Portland, Oregon, brokers, was read the 2nd time, and considered as in ComWhole. By its terms the SecyTreasury is to be authorized and required to issue and pay to Goldsmith Brothers, of the cities of SanFrancise o, California, and Portland, Oregon. brokers, 2 7 30 U.S. Treasury notes, for the payment of $5,000 each, in lieu of 2 U.S. 7 30 Treasury notes of the value of $5,000 each, dated June 15, 1865, and respectively signed by the Treas urer and numbered 364 and 365, issued under an act of Congress passed i arch 3, 1865, entitled “An act to provide Ways&Means for the support of the Government, ” which notes were lost or destroyed by the wreck of the steamer Brother Jonathan 06 the port. of Crese ent City, on the 31st of July, 1865. Gold smith Brothers are 1st to execute a bond in the enal sum of $20,000, to be approved by the Solicitor of the Treasury, indemnifying the U.S. against any loss on account of the issuing of thenotes.
Mr. CLARK. The bill should be amended in the 19th line by inserting the words “"with sufficient sureties ” after the word bond, ” so as to read “abond. with sufficient sureties, in the penal sum of $20,000." The amendment was agreed to.
Mr. FESSENDEN. I make no objection to the passage of this bill, but I think there ought to be a proviso in it to this effect: Rmvided, The SecyTreasury shall be satisfiedof the destruction of thesenotes. I think that in these cases there ought always to be an examination by the SecyTreasury. An examination by a committee of Congress on affidavits is very liable to prove deceptive. I think that amendment ought to be made, so that the SecyTreasu shall not issue the new notes until on exami nation he becomes satisfied of the loss or de struction of the notes referred to which are to be replaced. Then I would suggest to the honorable chair man of the ComClaims whether it is not best to have a general law on the subject that will cover these special cases. The cases are constantly occurring of the loss or destruction of iiotesand bonds by accident. Senators may think that it is best to kee the matter within the control of Congress an to pass special acts to meet the respective cases; if so, of course I shall not urge the su gestion; but I know the inconvenience which arises from the fact that there are many of these applications rowing out of losses by fire and wreck, he. fthere was ageneral law on this subject which was sufficiently guarded, it might save considerable trouble here, leaviii the entire examination to take place in another quarter.
Mr. NESMITH. have no objection to any amendment the Senfrom Maine may suggest as necessary to prove completely the fact of the destruction of these notes in this case. There is no doubt of their loss. Besides, the parties are to give a bond in the penalty of $20,000, to secure the Government against all loss.
Mr. FESSENDEN. I do not think those bonds are any securit.
Mr. NESMITH. There may be difficulty in framing a general law, and this case ought not to be delayed till such a law can be secured.
Mr. FESSENDEN. I do not propose to interfere with this bill on that ground; I do not think it ought to wait after having gone thron h the committee. I only made the suggestion or the consideration of the ComClaims.
Mr. NESMH H. I have no objection to that.
Mr. CLARK. I supposed the Senator would have no objection to it. We all want to accomplish the same purpose. The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed.
Skip Skip MESSAGE FROM THE HOUSE. A message from the HoRep, by its Clerk,
Mr. llICPHERSON, announced that the House had passed a JtResolution (H.R.No. 11) to facilitate commercial, postal, and military communication among the several States; in which the concurrence of the Senate was requested. HOUSE BILLS REFERRED. The followiii bills and JtResolution from the HoRep were severally read twice by their titles, and referred as indicated below: A bill (H.R.No. 213) making approriations for the legislative, executive, and riu icial expenses of the Government for the year ending the 30th ofJnne, 1867 to the ComFinance. A bill (H.R.No. 338) to amend an act entitled “An act relating to habeascorpus, and regulating judicial proceedings in certain cases, approved March 3, 1863 to the comJudiciary. A bill (H.R.No. 280) making appropriations for the service of the Post Orfice Dept during the fiscal year ending the 30th of June, 1867, and for other purposes to the ComFinance. A JtResolution (H.R.No. 11) to facilitate commercial, ostul, and military communication among the several States to the ComCommerce. HOMESTEAD COMPANY.
Mr. JOHNSON. This bill goes further than congress has ever gone in the past, if I under stan the 6th section of the bill. The author1ity we have to charter companies here is under the power which the Constitution gives congress to exercise exclusive jurisdictionbylegisation over this District. ow, the 6th section of this bill professes to give this company the power to buy or lease lands anywhere. hey may go into any State in the Union and may claim, because of their charter, a right to buy and lease without the authority of the State into which they may go. Although I think it is very clear that Congress can give no power of that description, it is very desirable that it should not attempt to give it, because other opinions may be entertained, and it may be the impression of those who sell to or those who buy from this company that the title will be good by force of this act. They may go into glaryland and bu up all the lands of.Iaryland or lease them. certainly Congress has no authority to do that; at least that is my impression. I submit to the honorable chairman and those who are friendly to the bill that they had better modif that section so as to free it from all possible onbt that it is not the purpose of congress by chartering this corporation to enable it to go anywhere out of the District and in spite of State legislation to buy, to sell, and to lease. The power is very comprehensive.
Mr. CLARK. I want to call the attention of the Senfrom Maryland to this point: suppose Congress should charter a company of this land within the District, and they should be do] organized and then should go into the State of Iaryland iflic leases and buya bit of land and the dee should be regularly made to the company by their corporate name, would they not take the land?
Mr. JOHNSON. Yes, unless there was some law there against it.
Mr. CLARK. So I supposed, and hence I wanted to call the attention of Congress to the enormous power that might be given in that indirect way, chartering a corporation here in the District, which should have the power to go into every State in the Union and take a grant of land. In good hands and for a good object, it might be well; but with such tre mendous power, so liable to be abused, I should be very slow to pass an act of incorporation of that kind; and so I think would be tie Senfrom Maine. Look at the 6th section of lhll bill: That the president and directors nrohereby9mm)" cred and fully authorized.on behalf of the company to leaseor purchase and holdlandl and subletor and eenveythe same for use settlement and cultivation and may alSo len(l moneyon mortgageof lands or pledgesof growing crops, With a view to promote the reorganization of labor on the basis of freedom and to promote the obtaining of homesteadsby the landless.
Mr. CRESWELL. I call the Senators at tention also to the close of the 5th section: and generally to do and perform all acts.matters, and things which a corporation may or can lawfully do.
Mr. CLARK. That is so very indefinite that it is very doubtful what could be done under that. I am now calling the attention of the Senate to what appears to be the direct object O."the bill.
Mr. JOHNSON. It is evidently the purpose to let them O anywhere.
Mr. CLA tK. It seems to be to charter a great company for purposes of land speculation, or what may become a great landed speculation, which may buy up lands in any State, hold, sell, or lease them in any way convenient for its purposes. As I said before, this in properhands an for properpurposes mightall be well; the power properly used is esirable; but it is a t ling that may be very much abused. I should desire to hear from the Senfrom Maine somewhatupon the necessitiesof such an organization here. Cannot lands be bought in all these States and leased or held or mortgaged without such an enormous corporation? Why is it necessary to come to Congress, in the DistCol, for the purpose of chartering a corporation of this kind? Cannot he, cannot I, cannot anybody that desires, go into the State of Virginia or any other State and purchase land? Or if we cannot, can a large corporation do so any better than we? Won (1 it be any more agreeable to those States to have their lands held in that way? and is it desir able for the statesto have large masses of their lands pass into the hands of foreign cororations who may hold them in that way? I should be very unwilling if my own State had lands to sell to have them pass into the hands of a foreign corporation ike that. I do not say that the object of this corporation may not be entirely good; they set out a good object here; but what I fear is, that the good may be de feated and the power may be abused. We should be exceedingly careful how we grant such enormous power.
Mr. CRESWELL. I think that is a bill entirely different in spirit from this.
Mr. MORRILL. do not speak of the spirit of it; I only speak of the general character and general provisions of it.
Mr. CRESWELL. it is abill for associating capital.
Mr. MORRILL. That bill contemplates an association of capital and the capitalists are here; but the incorporation isvnot with a view of Operating in the DistCol, but the whole field of operations is to be in Virginia or some other southern State, and it is to be a mining and manufacturing com) any.
Mr. CRESWELL. But thatbill by its terms is confined to asecilic object.
Mr. MORRILL. It is confined to the 2 specific objects of minin and mauufacturin.
Mr. CRESWELL. nccrtain soecitic Io calities.
Mr. MORRILL. Now, these land bills are quite common to the country.
Mr. FESSENDEN. In the States; and then they are confined to the States in which the charter is ranted.
Mr. MORRILL. Not quite. I think the history of these land companies is something like this: in early times a large landed asso ciation, or corporation I think it was a corporation in the State ofl NewYork) called the American Land com.any, was organized with the right to have associatesand associate wealth, with the express object of operating in western lands; and I believe almost the entire Ohio reserve was at one time held by that company. I think the history of that company was rather favorable to settlement; and I think the people of Ohio regarded it as having been favorable to the settlementand rowth ot Ohio. There was the North American and Company of Pennsylvania, which had its lands in all the southern States and most of the western States, amount in to many millions, 8 or 10millions. I believe the operations of that company were never found to be disadvantageous to the States. The apprehension arising on this bill is that it will be practicable for these persons by associating great wealth to monopolize large tracts and quantities of lands in the different States, keep them out of market until the appreciate argel, and so prejudice the growt of the States. There is a provision in the bill which was intended and I ope it will be found on examination to be so to guard against such a tendency. It is the proviso to the 6th section, commencing in the 8th line: Provided. That all leases given or taken by said companyshall ronde that the lesseemay purchase the lands lease, at a pricestipulated in the lease.at any time within the term the reoffwhich shall not in anyone exceed the time when this corporation will expire by virtue of this not. l i
Mr. JOHNSON. Allow me to suggest to the honorable member that that does not get clear of the objection. That proviso only applies to cases in which the corporation may lease the lands purchased by them; but they may purchase and hold lands. That they have a right to do. “
Mr. MORRILL. They are to have the right to lease or purchase and hold lands, and sublet or sell and convey the same for use, settlement, and cultivation.” I think the general objects of the bill“ will be found to be commendable. Whether it is attended with the dangers that are stated is a matter for the senate to judge.
Mr. CRESWELL. TheSenfrom Maine in his remarks alluded to a bill which I There is no difficulty in their way. But this. could be made out of. [Laughter] We have.to be in its result a great speculation a very sented to the Senate a shorttime ago, and had referred to his committee, as containing like 1 provisions with this bill. I think that bill is: altogether different in spirit from this. That was directed to the purposes of manufacturing and mining. I conceive these to be legitimate subjects for an aggregation of capital with a view to prevent too great personal risks. The object of the corporators there is to develop the mining and manufacturing interests of the country. Although that bill maybe amenable i to the objection that it is designed, and thatits language expresses as the design of the bill, to give powers outside of the DistCol, that is a question of llw which it is proper for the committee and for the Senate to determine, but I think that the objects of that bill are perfectly properand legitimate. But my objection to this bill is the object. which the bill itself asserts. It alleges here, in so many words, that the object is to purchase or lease and generally to speculate in lands. The word “speculate” is not used, but at any rate the most enlarged powers are given for that purpose.
Mr. MORRILL. Will the Senator allow me, while he is precisely on that point, to suggest to him that lie will get a more definite idea of the object proposed by a reference to the 15th and 16th lines of the 1st section, “For the encouragement of settlements and the organization of industry in the American States 1"
Mr. CRESWELL. encouragement of settlements and the organization ofindustry in the American States, with a capital of $3,000,000.” It arrays capital in that respect against the interests of the individual. I thin the policy of the Government has been to give every encouragement to actual settlers who are disposed to take possession of and hold the lands of the General Government is arraying against their interests this immense corporation with a capital of $3,000,000. It isbin that aspect that I view the bill unfavor a ly.
Mr. JOHNSON. Besides, there is nopersonal responsibility on the part of the directors or corporators.
Mr. JOHNSON. I do not mean to interrupt my colleague, [Mr. Ennswsm. ] I am through. I rose simply to say that there was no limitation; and as far as the capital is concerned, the Senate will see that it will be entirely in the discretion of the colorators whether they will pay up anything. hey are authorized to haven capital of $3,000,000; but ifyon look to the succeeding section, you will find that when that is to be paid up, in what amounts it is to be paid up depends altogether upon the company itself. The moment they are chartered they get credit; they can go into the market and buy upon that credit any amount of lands and sell them without paying up a dollar. The whole thing appears to me great speculation. We have some land in Iaryland that our people will sell. I under stood the Senfrom NewHampshire to say they had no land in NewHampshire.
Mr. JOHNSON. None that any money lands in Maryland that may be purchased to advantage; and this company may go into the lower portion of our State, on the Eastern Shore of Maryland, because of the sudden change in the system oflabor that has caused more or less destitution, and the may buy up the whole of those lands on ere it, and promise to pay for them in a year hence or 3 years hence, and in that way become the proprietor of1/3rd of our State.
Mr. CRESWELL. They cannot buy 1/3rd of Maryland for 3 millions.
Mr. CRESWELL. I do. I observed that “the
Mr. JOHNSON. That depends upon what they offer. They are not limited to $3,000,000 in buying: they may buy to the amount of $100,000,000 or $000,000,000. The limitation of $3,000,000 is only upon the capital, but there is no limitation upon the amount of property they may purchase. They may purchase, if they can induce the people of Maryland to sell, 1/3rd or more of the State. I do not know what would become of Dela ware, and what would become of RhdIsland under such a system. I suppose the company could buy up the territory of l RhdIsland comparatively cheap, because there is very little land there. But it is a new principle, it seems to me, in State legislation, and certainly entirely new in congressional legislation to charter a company with an authority to buy up lauds without any limitation, all over the country, everywhere. They are authorized to make leases, and in the contracts of lease they may provide that they will sell to the lessee the fee sample. Well, who is to be the lessee? I understood my friendfrom Maine to say that the bill was founded in part upon the theory of encouraging immigration. Then a lessee may be a man who has just got into the country, an alien, not a citizen; and yet we give to this company the authority to give an alien the right to purchase in fee the lands of a State. That has always been supposed to dependentirely on the State legislation. by ll: mr. MORRILL. So it would be under this 1.
Mr. JOHNSON. So it would not on the face of the bill, because the language of the clause is that they may by the terms of the leases provide “ that the lessee may purchase the lands leased.” Now, if in point of fact he is an alien and is not authorized by the laws of the State to hold lands in fee, the poor fel low may be induced by having upon the face of the lease an agreement to mrchase, to believe that he can purchase, an by purchasing be a tenant in fee simple of the land purchased. We ought not to put it in the power of a company to lead men astray in that particular. But I object to the bill on the broader ground that the principle itself, looking to what may be accomplished by means of the bill, is all wrong an proved to have been wrong in the judgment of our predecessors by the entire absence of legislation of this dese rition either under the authority of the U.S or under that of the States.
Mr. CLARIL. Iwant to call the attention of the Senate a little more directly, ifl can, to what is proposed by the bill, and that is to in corporate a large company here with a large capital in the DistCol, where there is no pretense in the world that the company is going to operate, for there are no lands here to be bought, but to incorporate a company here by Congress that shall go into any of the States and operate in the States.
Mr. CLARK. That is so, says the Senfrom Maine. Then shall we here, because we may legislate in the District and for the District, undertake in this indirect way to legislate for every State in the Union? That is what. it does. We make a corporation which may act in every State in the Union, where we have no power to grant an act of incorporation. We have no power to go into the State of Louisiana and say that any number of men shall be a corporation to take their lands. If we grant an act of incorporation to individuals here, and then they go into the State of Louisiana and take and hohl land
Mr. CLARK. That is what I mean by “take and hold;” “take” is the ordinary legal phrase. I do not mean “rob” when I say “take.”
Mr. MORRILL. You do not mean to take lands from them.
Mr. CLARK. No, but I say “take and hold” as Iwonld say “ to have and to hold.” I say it is betterto leave it to the States to decide who shall operate within their limits in that way, and not make ourselves liable to the obnoxious sort of legislation that I fear this would be. I so pose the Senfrom Maine has accomplishedl his purpose by calling the attention of the Senate to the bill; and if the motion be not disagreeable to him, I will now move that its further consideration be postponed until tomorrow.
Mr. CLARK. I submit that motion. The motion was agreed to. TREATY OF WASHINGTON.
Mr. DOOLITTLE. I move to take up senate bill No. 68, which was reported by me a few days ago from the ComForRel. The motion was agreed to; and the bill (S.No.68) to carry into effeet the 4th article of the Treaty of Washington concluded between GreatBritain and the U.S. on the 9th of August, 1842, was considered as in ComWhole. For the purpose of executing the 4th article of the treaty between the U.S and GreatBritain, concluded at Washington on the 9th of August, 1842, the SecyTreasury is by the bill directed to pay to the State of Massachusetts the sum of $32, 688, and to the State of Maine the sum of $113, 908, being at the rate of $1 25 peracre for the amount of the public lands of thostetwo States in the possession of the classes of persons described in the 4th article of the treaty, as ascertained by a Jtcommission instituted by Massachusetts and Maine in 1843, and by a commission intrtuted by Maine in 1854; the money to be pnld as soon as the State of Maine shall, by resvljlllofll of the Legislature thereof, agree 10 (Puma by good and sufficient releases, all the occuPmI of the public landsofMassachusetts and Maine, whether holding under grants from NewBruns wick, or holding by possessory or equitable possessory titles, according to the reports of the commissions, so far as they have not been already quieted by such releases; and shall further undertake, at its own expense, to quiet, in like manner, any other possessory rights under the 4th article of the treaty which may hereafter be discovered to exist upon the public lands of said State of Maine. he SecyTreasury may, at his discretion, make the payments directed by the act in any of the 6%. securities of the U.S. whitii are or may be authorized by law.
Mr. DOOLITTLE. The principle involved in this bill of the liability of the U.S. to make compensation for these lands in pursuance of the 4th article of the treaty of WashingtOn has already been passed upon by Congress in relation to a portion of the lands which had been granted to private individuals in what was denominated the Eaton grant in the Plymouth township; there were 8, 107 acres of land which were there held under private grants, and Congress have passed the law which was necessary to pay for the amountofthat land; but the residue of the land, which was held in possession by settlers in the State of Maine, and a part of which belonged to the State of Maine and the State of Massachusetts, and a part of which belonged to the State of Maine exclusively, has not yet been paid for. The question has been before the ComForRel for several years. On several occasions an effort has been made by the committee, supposing that it was within the rule of the Senate, as it was, to carry into effect a treaty stipulation, to move to put the subject matter of this bill upon the generala propriation bill. Upon that subject discussion has arisen in the Senate, and when avote of the Senate has been taken they have decided against its going upon the appropriation bill because it was regarded somewhatin the nature of aprivate claim. The principle of the bill I will state in a very few words. By the treaty of 1842 it will be remembered that the State of Maine ceded to GreatBritain over 5,000 square miles of the territory which was claimed by the State of Maine over 3, 200,000 acres of land.
Mr. DOOLITTLE. England claimed it and Maine claimed it.
Mr. SHERMAN. They ceded something to as.
Mr. KIRKWOOD. Will the Senator allow me a moment before he leaves the point he has passed over? I wish to put one question. I have glanced over the report made on this subject. My mind is not clear on one point. The States of Maine and Massachusetts were to get $300,000 for something from the Genera Government.
Mr. DOOLITTLE. That was for what lay north of the StJohn, surrendering their territory.
Mr. KIRKWOOD. So the Senator has said, Massachusetts, who were then the owners of i but I wish he would make the point clear that the $300,000 was for that, and that only, and not for whatever those States might surrender by virtue of the treaty. In other words, I wish him to show that the $300,000 was not to cover allthat these States surrendered both inside and outside of that line.
Mr. DOOLITILE, By reference to the correspondence which took place between
Mr. Webster, then SecyState, and the States of Maine and Massachusetts, to induce them to give their assent to have the treat made, an the correspondence between
Mr. Vebster and Lord Ashbiirton, the fact will appear that the $300,000 offered to them was offered in consideration of the ccssion north of the StJohn, before the 4th article of the treaty was agreed upon between
Mr. Webster and Lord Ashburton. The 4th article is clearly a distinct article. As I stated before, congress passed upon this case in the appropriation which they made to ay for the lands owned by individuals in the "aton grant in the Plymouth township. was going on to state as to the computation. comuting the lands owned by Massachusettsan Maine jointly at 52, 300 acres, 1/2 belonging to Massachusetts, 20, 150 acres at $1 25 an acre; would be $32, 088. Then there was belonging to the State of Maine exclusively 04, 975 acres, which, at $1 25, amounts to $81, 220. Add also $32, 088, and you have $113, 908 belonging to the State of Maine; I have been informed that the State of Massachusetts has released to the State of Maine her claim in relation to this matter. There is is. provision at the end of the bill that the SecyTreasury may at his discretion make the payments which are here directed to be made in 6%. securities of the U.S. I have stated very briefly the question which has been unanimously agreed upon by the ComForRel several times, and as I stated, the principle involved was decided by Congress in the appropriation made hereto fore. The only reason, why this measure has failed heretofore has been that the ComForRel supposed it was a propermatter to put upon an appropriation bill. L ow it is brought orward as a, separate claim by itself.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. ACCEPTANCE OF A FOREIGN DECORATION. On motion of
Mr. SUMNER, the JtResolution (S.R.No. 44) authorizing Commodore William Radford to accept the decoration of the Equestrian Order of Saint Maurizes and Lazzare from the Kin of Italy was read a 2nd time, and consiiglered as in ComWhole. It proposes to give the assent of Congress to Commo ore William Itadford, of the Navy of the U.S., to accept. the decoration of the Equestrian Order of Saint Maurizes and Lazzaro, bestowed upon him by the King of Italy as a reward for the assistance rendered by him to the Italian frigate. redItalia, when she got ashore near Long Branch.
Mr. SUMNER. There is a verbal amendment which I wish to make. Instead of “Saint Maurizes and Lazzaro” say simply “ Saint Maurizes." The amendment was agreed to. The JtResolution was reported to the Senate as amended, and the amendment was concurred in. The JtResolution was ordered to be engrossed for a 3rd reading, was read the 3rd time, and passed; and the title was amended so as to rea, “A JtResolution authorizing Commodore William Radford to accept a dec oration from the King of italy." JOSHUA n. ronal On motion of
Mr. RAMSEY, the bill (S.No.57) for the relief of the heirs of Lieutenant Joshua D. Todd, late. of the U.S. Navy, deceased, was read a 2nd time and l l and sailors who served the U.S. dur House bill No. 261, making appropriations foi considered as in ComWhole. It, directs the properaccounting officers of the; Treasury to pay to James Todd, administrator of Joshua D. Todd, late of the U.S. Nav, deceased, the pay ofamasterin the Navy of the U.S., from June 17, 1844, to August 10, 1846, after deducting therefrom the amount already received by him as passed midship man during that period. The inn was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. JANE uAunis.
Mr. KIRKWOOD. I ask the Senate to take up a little pension bill, Senate bill No. 200, that I reported fl. few days ago from the ComPensions. It will take but a few moments. The motion was agreed to; and the bill (S.No.200) for the relief of Jane Harris was read a 2nd time, and considered as in ComWhole. It directs; the SecyInterior to place the name of Jane Harris, widow of George H. Harris, late a private in company I, 6th Iowa cavalry, now eceased, on the pension rolls as, entitled to a pension at the rate of 8 dollars permonth during her widowhood, payment to commence October 23, 1863, the date of his death.
Skip Skip The bill was reported to the Senate without amendment, orderengross for a 3rd reading, read the 3rd time, and passed. BRIDGE ACROSS THE MISSISSIPPI.
Mr. BROWN. Imove to take u for consideration Senate bill No. 38, to aut iorize the construction of a brid e across the Mississippi river at the city of Stouis, State of Missouri, and at the city of East StLouis, State of Illine w. The motion was agreed to.
Mr. WILSON. The Senator has nowgot his bill up. I think it is important to have an executive session today, and I move that the senate proceed to the consideration of executive busmess.
Mr. BROWN. I do not wish to interfere with the executive session if the understanding of courtesy will be extended to me to take up this bill in the morning and proceed with it.
The President protempore. It will be the unfinished business for one oclock. EXECUTIVE SESSION. On motion of
Mr. WILSON, the Senate proceeded to the consideration of executive business; and after some time spent therein, the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. WiznxssnAY, March 21, 1866. The House met at 12 oclock m. by the Chaplain, Rev. C. B. BOYNTON The Journal of yesterday was read and approved. WITHDRAWAL 0s PAPERS. On motion of
Mr. LATHAltI, leave was granted for the withdrawal from the files of the House of the etitition of Z. W. Denham to the 3Eig th Congress, provided that copies be left. NORTHER: PACIFIC RAILROAD.
Mr. PRICE, by unanimous consent, introduced a bill to secure the s eedy construction of the Northern Pacific rai road and telegraph line, and to secure to the GOvernment the use of the same for postalI military, and other purposes;
Skip Skip which was read a 1st and 2nd time, referred to the ComPacificRR, and ordered to be printed. Mr. WASHBURNE, of I line is, mtRtv the bill was referred; on the table. Agreed to. EQUALIZATION of BOUNTIES.
Mr. JULIAN, by unanimous consent, intro Prayerduced a bill to equalize the beauties of soldiersing the late rebellion; which was read a 1st I and 2nd time and referred to the ComMilAffrs. HABEASCORPUS ACT.
Mr. JULIAN. I desire to state that had I been present on yesterday when the habeascorpus bill was passed I should have voted in the affirmative. But I was necessarily absent, and therefore did not. OREGON INDIAN WAR DEBT.
Mr. HENDERSON, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to: Remlved, That the ComClaims be instructed to inquire into the Justice and extent of the claims held by the State of Oregon and Washington Territory against the Gpvernmentpfthe U.S. for expensesincurred in suppressing Indian hostili tie sin saidState and Territory in the years 18.55and 1806;and if anything is found duo said State and Territory that they report a bill for the payment of the sameaccording to the principles of Justice and equity. ARLINGTON MILITARY CEMETERY.
Mr. WARD. I desire to make a statement upon a subject in relation to which the public feel a very deep interest. I have received numerous letters from various parts of the country, written by friends and relations of soldiers who have been buried at Arlington Heights, expressing their solicitude as to the title which the Government holds of those heights. Fears seem to be entertained that at some future time the sacred dust of our heroic dead may become the property of the arch traitor Lee or his deseen ants. n order to ascertain the facts, I have addressed the SecyWar a letter upon the subject. His reply I ask to have read. 1
The Clerk read the communication, as fol evils: WAn Dnrnnrxssr VASHINGTDNCirr, February 24.I866. Sin: I am directed by the SecyWar to acknowledge the receipt of. your note of the 15th instant requesting information with regard to the title of the Goyernment to thogroundson Arlington Heights occupied for a national military cemetery and in reply thereto to state that it appears from a report ot Brevet Lieutenant Colonel. G. C Lee. asst quartermaster U.S. Army, to the QuarterMGen. that at a sale of lands for unpaid taxes on the 1 lthof January, 1864.the Ar lington estate. including the grounds referred to, was bid in by the U.S. for the sum of $, 800. and wiu afterwards turned over to the military authorities and that the certificate of the sale is now in thshands of the U.S. tax commissioners at Alexandria, Virginiaabut will, as is stated by them, be soon placed on tile in the Treasury Dept. have the honor to be, sir. your obedientservant.ed N L. STANTON. Hon. HAXiixroiv Wmn. Wflclhflqton, D. 0. IOWA CENTRAL RAILROAD.
Mr. HUBBARD of Iowa, by unanimous consent, introduced a bill granting land to the State of Iowa in alternate sections to aid in the construction of the Iowa Central railroad;
Skip Skip which was read a 1st and 2nd time. Mr. JULIAN moved thatthe billbe referred to the ComPubLands. The motion was agreed to. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. NATIONAL BUREAU OF EDUCATION.
Mr. GRINNELL presented the JtResolution of the Legislature of the State of Iowa, in favor of the establishment of a national Bureau of Education; which was referred to the select committee on national Bureau of Education, and ordered to be printed. DIPLOMATIC APPROPRIATION BILL.
Mr. WASHBURNE, of Illinois, called for the regular order of business.
The SPEAKER. The 1stbusiness in order is the consideration of the consular and dip lomatic appropriation bill, with the amendments to it reported from the ComWhole. The House resumed the consideration of the consular and diplomatic eXienses of the Government for the year ending une 30, 1867, and for other purposes. The question was upon agreeing to the amendments made in ComWhole, upon which the previous question had been 2nded and the main question ordered.
Mr. wASHBURNE, of Illinois. There is but one important amendment, that in relation to the appointment of a Solicitor for the State Dept. Theotheramendmentsaremercl ver al, and can be adopted at once. But shall ask a separate vote upon the one I have indicated. The verbal amendments were then agreed to. The question recurred upon the following amendment of the ComWhole: Add as an additional section: Abife: That the President be, aanddvi cisehaenredbeyo.anustehnotroizfetdhetoSaepnpaotienta. nbyoailnieder wiinth the e Deptof state to be called Solicitor to the Dept of State. at an annual salary “$3.000.
Mr. STEVENS. I ask that the communication from the State Dept, which I send to the Clerks desk, e read for the information of the House.
The Clerk read, as follows: Dnraiirxnsr or STATE. WASHINGTON,THirmin 6.1666. SIR: The great number of claims of citizens of the U.S. on foreign Governments and of the citizens and subjectsof torei n countries on this government growing out oft O late civilWar and the importance ofthoprinciples involved in them, make it indispensable. in my Judgment, that the head of this Dept should have the assistance of a professional gentleman properly to disiose of those subjects. To that end, I recommendt at an appropriation be inserted in the civil and diplomatic appropriation bill of $3,000, for the compensation at that rate by the car of an officer to be called “the Solicitor to the dept of State." have the honor to be.sir. your obedient servant, WILLIAM H. SEWARD. Hon.TnAi nins Srirvsss, HoRep.
Mr. WASHBURNE, of Illinois. I am very reluctant to object to anything that may be necessary for the proper carrying on of the affairs of the Government. But I do not see that it is necessary to inaugurate this system of new offices. We have already a Solicitor for the War Dept and a Judge Advocate for the Navy Dept; and if we go on in this way we shall e soon provided with such an officer for every Dept of the Government. "
Mr. STEVENS. It is not proposed to make more than a tem orary office of this.
Mr. WASHBURNE, of Illinois. There is no limitation in the amendment.
Mr. STEVENS. I should have no objection, ifthe House will a cc to it, to insertingapro viso thatthe Office s iould not be continued after the 30th of June, 1867.
Mr. WASHBURNE, of Illinois. If the Gentfrom Pennsylvania [Mr. Srnvizxs] will limit the amendment as he suggests I will make no objection to it.
Mr. CHANLER. It strikes me that that is out of order. I
The SPEAKER. It is out of order if objection is made.
Mr. STEVENS. Very well; Congress can reeal this section at an time.
Mr. WASHBURNE, of Illinois. I would state that the amendment propiosed by the Gentfrom Pennsylvania [1
Mr. Stevens] is for the purpose oflimiting this office, so that it shall expire at the end of the next fiscal year.
Mr. CHANLER. Ita ears to me that it comes within the rule for idding independent 10 slation in an n) propriation bill.
Mr. WASHBUIENE, of Illinois. It is cre atin a new office, and that is the reason why I objected to it. But the Gentfrom Pennsylvania [Mr. STEVENS] and the SecyState say that there is a large accumulation of business in the State Dept, and the services of a professional man are needed to examine these cases and it may be consistent with public policy to establish this office. 0" to continue it until these cases Wllwh 119" grown out of the rebellion are disposed of.
Mr. CHANLER. The Gentfrom Illi nois may perhaps think that I am eneroaching somewhat on his field: hutimust give him time to resume his msition.
MMr. WASHBURJE, of Illinois. I am entirely willing that the whole. thing shall be voted down; but in view of the statement of the Gentfrom Pennsylvania, I was willing to consent to the proposition with the amendment suggested, if it should be in consonance with the wishes of the House.
The SPEAKER. As the Gentfrom NewYork objects to the modification of the amendment, it must be voted upon in its present shape.
Mr. CHANLER. In view of the representation that there is an absolute necessity for this officer, I withdraw the objection.
Mr. SPALDING. I renew the objection; and I do so for the reason that for the salary proposed it will be impossible to get a lawyer who will be of any service to that Dept. As the proposition now stands, it will simply make a place for another clerk.
Mr. WliltSHBURNE, of Illinois. The Gentfrom Ohio desires that the salary shall be higher.
Mr. STEVENS. The committee thought that $3,000 might be sufficient.As to the objection that this is a proposition to create a permanent office, I will simply say that any future Congress can abolish the office when ever that may be deemed necessary.
Mr. WILLIAMS. I desire to inquire why this business cannot be attended to by the At torney General and his assts. Ihe radtice in England is to refer all matters of this sort to the AttyGen or Solicitor General. I agree entirely with the Gentfrom Ohio that it will be impossible to secure the services of an able lawyer for the salary proposed.
Mr. WASHBURNE, of Illinois. My friendfrom the Rochester district [Mr. HART] in forms me that one of the best lawyers in the country, Mr. E. Peshine Smith, now has charge of this business in the office of the SecyState and my friend thinks that there is no doubt this gentleman would be willing to or form all the duties of this office for the as my proposed.
Mr. WILLIAMS. I infer that the gentleman named would not occupy his presentposition if he were one of the best lawyers in the country.
Mr. STEVENS. Mr. Speaker, we all know that a vast number of claims have grown up out of the war, and it is impossible for any SecyState or deputy SecyState to examine all these claims. In England there are not only the AttyGen and the Solicitor General, but numerous deputies, to take charge of such business. Only $3,000 is asked as salary for an officer to examine and report upon these claims. True, it is a small salary for a 1st class lawyer; but it is. perhaps. sufficient for the kind of service required. We all know that the SecyState is doing all he can; but there has been a great accumulation of business in that office, and this otheer appears to be absolutely necessary.
The SPEAKER. The question is upon agreeing to the amendment. The Chair is in formed that there was an agreement in the ComWhole that the vote should be taken in the House by yeas and nnys. If that is the case, the Chair will consider the yeas&nays as having been ordered.
Mr. HART. Mr. Speaker, it has been remarked by several gentlemen that no 1st class lawyer would accept this situation at so small a salary. New. sir, I take great pleasure in saying that the gentleman on whom these duties at present devolve, Mr. E. Peshine Smith is a constituent of mine, and ranks in the State of NewYork as a 1st class lawyer. He has occupied the responsible position of reporter of the court of apeals in the state of NewYork, a place which has been filled by some of the most eminent lawyers in our State, some of whom have been among our most prominent judges. I know of no man in western NewYork who is more distinguished for his legal attainments than Mr. Smith. It may be asked why a men of such ability is willing to take a position like thatatsosmall a salary. In reply to this suggestion I Wlll say that Mr. Smith is a patriotic gentleman, a warm rsonal friend of the SecySttchaud ins assumed the duties of his present posmon not so much for the sake of the eniolument as to accommodate the SecyState and relieve him of a portion of the burdens imposed upon him. " Now, Mr. Speaker, it is well known that there are arising in that Dept great questions of international law, the proper treatment of which demands the utmost care and delicacy and learnin and research. It is absolutely impossible tor the SecyState to examine particularly all the questions which have grown out of the de redations upon our commerce by pirates which have been fitted out in English orts. This gentleman is having charge of the examination ofinternational law in all these cases, and most of the legal papers which have proceeded from the State Dept for some months past have been the result of his labors and researches. Centlemen who have seen such documents Will in them find some evidence of the character and ability of this GentleIman. trust no objection wall be made to the passage of this clause.
Skip Skip Mr. SPALDING. Has the previous question been ordered? The SPEAKER. It was ordered last. On the demand of Mr. ALLEY, the amendment was again read.
Skip Skip The question was taken; and it was decided in the atiirmative yeas 72, nays 39, not voting 72; So the amendment was concurred in. The bill was then ordered. to be engrossed and read a 3rd time; and being engrossed. it was accordingly read the 3rd time and passed. Mr. STEVENS mtRtv the bill was passed; upon the table. rAgreed to. WASHINGTON and GEORGETOWN RAILROAD.
The SPEAKER laid before the House a communication from the president of the Washington and Georgetown Railroad Company, transmitting the report of the directors of that company for the year 1865; which was referred to the ComDistCol. INKOLLEDJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that they had examined and found truly enrolled a JtResolution of the following title; when the Speaker signed the same: AJtResolution (H.R.No. 45) to change the name of the ship Art Union to the name George M. Barnard. INTERSTATE COMMUNICATION.
Mr. WASHBURNE, of Illinois. I demand the regular order of business.
The SPEAKER. stated the regular order of business to be House bill No. 11, to facilitate commercial, ostal, and military communication among tie several States, reported from the ComJudiciary.
Mr. WILSON, of Iowa. Mr. Speaker, the last provision of the bill is: That this act shall not elect any stipulation he twcen the Government of the U.S and any railroad companyfor transportation or fareswithout compensation.nor impair or change the conditions imposed by the terms of any act granting lands to onydsuch company to aid. in the construction of its run. That was the only question the committee regarded as sent to them by the action of the House, and that is the only one on which we passed. As the House has indicated its desire to pass the bill by adopting this provision 3 or 4 times already, do not intend to occupy any time this morning with general discussion. I know the committees are anxious to report and if this be disposed of the way will be opened to them for that purpose.
Mr. ONEILL. The bill provides That every railroad company in the U.S. ! whose road is operated by steam its suceexors and assigns. be and is hereby. authorized to car upon and over its road connections. bridges and rferricr. all passengers.troops. Government supplies. mails. freight and property on their way from any State to another State and to receivecompensation therefor. What does that mean 7 Does that authorize the connection of railroads in different States without properState legislation?
Mr. WILSUN, of Iowa. I will say to the gentleman that the terms of this bill will reach the question to which he has directed my at tention.
Mr. ONEILL. I will then ask one other question. Why not strikc out the words “ over its road connections” from the bill?
Mr. WILSON, of Iowa. I will say, in reply to that, thatI shall feel opposed to striking out the words if it should have the effect that the gentleman supposes it may, for I would be in favor of allowing a railway in one State which runs to the State line and there connects with the road of a compaifl in another State to form a through connection.
Mr. ONEILL. I desire to postpone the consideration of this bill until this question can be thoroughly examined. I have no idea of giving by indirection what is not asked for by positive enactment. A few years ago struggle after struggle was made by States adjoining each other to accomplish by legislation railroad connections between the respective States.
Mr. WILSON, of Iowa. If it is the desire of the gentleman to have the bill so amended as to authorize a connection, I have no objection to that being done; but the Gentfrom Ohio. [Mr. GARFIELD] who reported the bill originall from the ComMilAffrs, I understand, desires to offer an amendment which will effect that object, and if he has his amendment prepared, will yield for that purpose, retaining the floor myself after the amendment is offered.
Mr. ONEILL. I can accomplish what I desire by adding a proviso like this: Provided, That this act shall not be so construed as to authorise railroads terminating in ndjninip: Statesto connect without the consent of the Legislatnres of the respectiveStates.
Mr. WILSON, of Iowa. I shall not consent to that being otfered, but as I have already stated, Iwill consent to have an amendment prepared by the Gentfrom Ohio [Mr. Grumman] providing that railroads may make connections so as to be relieved of the burden I imposedupon them by the constant breaking of nes.
Mr. ONEILL. The bill designs to do just what I imagined, and I think it had better be postponed or voted down. I did not suppose the chairman of the ComJudiciary would advocate its passage when its design is confessed to he to allow railroads in States separated by broad rivers or otherwise to make connections without the consent of the Legislatures of the respective States. Years ago the Pennsylvania railroad had fight after fight before it could cross the Panhandle in Virginia, and awaited the action of the Virginia Legislature, and I hold that the States should still have the power to grant such franchises.
Mr. WILSON, of Iowa and now Pennsylvania does not want to allow connections.with other roads across her territory.
Mr. ONEILL. I suppose the citizens of Pennsylvania do not want their vested interests destroyed.
Mr. WILSON, of Iowa. That was the objection the State of Virginia raised to crossing the Panhandle.
Mr. GARFIELD. With the consent of the Gentfrom Iowa, I will move to amend by inserting in the 9th line, after the word “therefor, ” the following: To connectthe roads of other States so as to form continuous lines for the transportation of the same to the placeof destination. By this provision chartered roads are enabled to build up to the State line, and no law of any State can forbid their making connections with other chartered roads of adjoining States that also come up to the State line. There are several instances in which laws have been got through Legislatures by which roads duly chartered and almost completed in a State have been compelled to run their engines up to the State line, tumble out all the freiflht, load it upon other cars, and carry it on. What we mean by this amendment is, that connections may be made across the line of a State, and I believe the amendment will accomplish that, and that only.
Mr. FARNSWORTH. Does the gentleman mean to compel a railroad to go on with the same cars?
Mr. GARFIELD. I do not propose to compel them at all. Now, they are not permitted to do so, and the amendment provides that State laws shall not sto them.
Mr. THAYER. Wi i the gentleman allow me to make a suggestion?
Mr. GARFIELD. I homethe floor only by the courtesy of the Gentfrom Iowa.
Mr. WILSON, of Iowa. I desire to relieve myself, my committee, and all the other committees of the House, by getting this bill out of the way in some manner, so that other committees may have an Opportunity to report and I propose to do that by demanding the previous question on this bill and amendment. f the House shall not sustain that motion I shall be relieved of all responsibility, and the responsibility will rest upon the House.
Mr. THAYER. Will the gentleman allow me to make a single suggestion?
Mr. WILSON, of Iowa. If the previous nestion is 2nded, I will then give the Gentleman an opportunity. The previousquestion was 2nded ayes 67, noes 35, and are main question ordered.
Mr. WILSON, of Iowa. I now yield the floor to the Gentfrom Pennsylvania. [Mr. Truman]
Mr. THAYER. I do not design to make a s cech on this bill. I only wish to say that if the object of the amendment moved by the Gentfrom Ohio [Mr. GARFIELD] is what e alleged it to be, to wit. to give these roads the right to make connection where they come close to each other upon adjoining State lines, the amendment, in my iudgment, is very unskillfully worded to produce that result. By the language of the amendment as I understand it, these roads may connect whether they come within a quarter of a mile of.ach other or whether they come within 100 miles of each other. I do not see in the language of the amendment any terms calculated to restrict the liberty of conception which is proposed by the Gentfrom Ohio in his remarks, and such, in my judgment, is not the lcval effect of the amendment. 1Now, we all know with what jealousy these corporate franchises which have been created by the States have been reserved and fostered by the States, and I am opposed to any legislation which will step outside of a fair construction of the constitutional power under which it is proposed to pass this law. I am not in favor of taking under the protection of congress flie whole railway system of the U.S and while I do not say now whether I shall or shall not vote for the bill as it comes from the committee, I do say most emphatic ally that I shall not vote for the amendment of the Gentfrom Ohio, and that in my opinion, if that amendment is adopted, it will transe end the powers of Congress in this respect.
Mr. WILS N, of Iowa. I now yield to the Gentfrom NewJe rsey[Mr. Rooms] for 5 minutes.
Mr. WILSON, of Iowa. The questions or gued by the Gentfrom NewJersey [Mr. ltoenns] were pronounced upon by the House when it passed this bill; and I do not propose now to isenss them further. I now call or a vote upon the amendments. The 1st question was upon the amendment reported by the ComJudiciary; and being taken, the amendment was agreed to.
Skip Skip The nextquestion was upon the amendment proposed by Mr. GARFIELD. Mr. THAYER. I ask the yeas&nays upon that amendment. The yeas and uays were ordered. The question was taken; and it was decided in the affirmative yeas 73, nays 62, not voting 48; So the amendment was agreed to. The bill as amended was then ordered tube engrossed and read a 3rd time; and being on grossed, it was accordingly read the 3rd time. The question was upon the passage of the bill. Mr. WILSON, of QWa. I ask the previous question upon the passage of the bill. The previous question was 2nded, and the main question ordered. Mr. ROGERS. I call for the ycas&nays on the passage of the bill. p The yeas&nays were.ordered. Skip Skip The question was taken; and it was decided in the ailirmative yeas 69, nays 46, not voting 68; Mr. WILSON, of Iowa, mtRtv the bill was passed; on the table. Agreed to.
Skip Skip MESSAGE FROM Tm: SENATE. A message from the Senate, by Mr. FonNIzi, its Secretary, informed the House that the Senate had passed the following bills, in which he was directed to request the concurrence of the House: An act (8. No. 89) to issue American registers to the steam vessels Michigan, Dispatch, and William K. Muir; An act (S.No.199) to establish the collection district of Port Huron, and the collection district of Michigan, and to extend the district of Puget Sound; and An act (S.No.39) to amend the acts relating to officers employed in the examination of imported merchandise in the district of NewYork. The message also informed the House that the Senate had passed House bills, with amendments, in which the concurrence of the House was requested, with the following titles: An act (H. It. No. 184) to authorize the sale of marine hospitals and of revenue cut ters; and An not (H.R.No. 122) making appropriations for the naval service for the year ending 80th June, 1867. JONAs P. LEVY.
Mr. WASHBURN, of Massachusetts, reported back from the ComClaims aJtResolution (S.R.NO. 169) for the relief OfJonas P. Levy, and moved that the committee be discharged from its further consideration, and that the same be laid on the table. The motion was agreed to. HOOPER, WILLIAMS, and OTHERS.
Mr. WASHBURN, of Massachusetts, also reported back from the ComClaims a jomt resolution (H. It. No. 91) for the relief of Hooper, Williams, and others, and moved that the committee be discharged from the further consideration of the JtResolution, and that it be laid on the table. The motionwas agreed to. L. MAuenANT and COMPANY. Mr. WASHBURN, of Massachusetts, also reported back from the Committee Of Claims the petition ofL. Marchant & Co and P. Rose crantz, praying compensation for cotton taken from them at Mobile, Alabama, and moved that the committee be discharged from the further consideration of the petition, and that it be laid on the table. The motion was agreed to. sous WILsoN.
Mr. WASHBURN, of Massachusetts, also reported back from the Committee oLClaims the petition of John Wilson, praying compensation for services rendered under House resolution of May 4, 1848, and moved that the committee be discharged from the further consideration of the petition, and that it be laid on the table. The motion was agreed to. JonN M. WllIlEHILL.
Mr. WASHBURN, of Massachusetts, also reported back from the ComClaims the petition of John M. whitehill, for relief, and moved that the committee be discharged from the further consideration of the petition, and that it be laid on the table. The motion was agreed to. ROBERT AUSTIN.
Mr. WASHBURN, of Massachusetts, also reported back from the ComClaims the etition of Robert Austin, of Missouri, praying to be reimbursed for certain treasu notes of which he was the owner, and which have been destroyed by fire, and moved that the committee be discharged from the further consideration of the petition, and that it he laid on the table. The motion was agreed to. B. G. ROBERTS, and OTHERS.
Mr. WASHBURN of Massachusetts, also reported back from the ComClaims the etition of B. G. Roberts, and others, of Stlair county, Missouri, praying compensation for damages, and moved that the committee be discharged from the further consideration of the petition, and that it be laid on the table. The motion was agreed to. HENRY JERAIRD, and OTHERS.
Mr. WASHBURN, of Massachusetts, also reported back from the ComClaims the petition of Henry Jerard, and others, citizens of Cass county, Michigan, the petition of Patrick Barrett, and the petition of Henry Lehnhart, and moved that the committee be discharged from the further consideration of the petitions, and that they be laid on the table. The motion was agreed to. QnAuTaaIaAsTrins DEPT, ETC.
Mr. WASHBURN of Massachusetts, also the orted back from the ComClaims a ill (H.R.NO. 262) entitled “An act to perpetuate testimony in the case of claimants against the quartermasters and commis sary Depts of the U.S., " and moved that the committee be discharged from the further consideration of the bill, and that it be laid on the table. The motion was agreed to. anvenion IN AGRICULTURE, are.
Mr. GRINNELL. Mr. Speaker, the ComAg, to whom was referred the bill (H.R.No. 350) tdencourage education in agriculture and mechanic arts, have instructed me to report back the same, and to move that it be indefinitely postponed.
Skip Skip The motion was agreed to. Mr. GRINNELL mtRtv the bill was indefinitely post poned; on the table. Agreed to. DISTRIBUTION OF SEEDS.
Mr. BIDWELL. I am directed by the ComAg to report back the following resolution, and to move that the committee be discharged from its further consideration, and that it be laid on the table: Resolved, That the ComAg be directed to inquire what, if any. amount over and above the usual appropriation will be necesuury for an adequate supply of seedsto be distributed among the farmers of the country by the Dept of Agriculture, with liberty to present the result of their inquiry by bill or otherwise. Mr. Speaker, a few words by way of explanation are due on the port of the committee. In view of the absolute necessity of retrenchment in all the Depts of the Government the committee were unanimous in the opinion that anything over and above the estimates made. by the Dept of Agriculture ought not to be asked for, believing, as they did, that the amount called for by the Commissioner would be ample, if economically expended in the purchase and distribution Of rare and valuable seeds, instead of such as are to be found in almost every seed store through the country, and, consequently, within the reach of all classes. With this view one of the committee [Mr. LAWRENCE, of Pennsylvania] was instructed to offer a proviso to the appropriation bill, restricting the Commissionerto the purchase of seeds whichwill from ise more benefit to the interests of agricu ture. That duty was promptly discharged, and the proviso suggested adopted by the House, which renders further action by the committee unne eessury. The motion was agreed to. AGRICULTURAL COLLEGES.
Mr. BIDWELL, from the ComAg, reported back House bill NO. 50, to amend the 5th section of an act entitled “An act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, with a substitute. The substitute was read.
Mr. WASHBURNE, of Illinois. I suggest, as this is a most important bill, and as the morning hour is about to expire, that my honorable friendfrom California had better let it go over until tomorrow, so that the substitute may be ordered to be printed.
Mr. BIDWELL. If the bill goes over until tomorrow will the committee lose the floor?
Mr. WASHBURNE, ofIllinois. It will still hold the floor, otherwise I would not have made the ting estion.
Mr. EIDWELL. I move that the substitute be ordered to be printed. The motion was agreed to.
The SPEAKER. The morning hour has expired, and the bill and substitute will go over until tomorrow as the unfinished business of the morning hour. LiiAva or AassNca. On motion of
Mr. LAFLIN, leave of air sence was granted to
Mr. Humuan for tea days. DEFICIENCY APPROPRIATION BILL.
Mr. STEVENS. I am directed by the ComAppropriat to report back the amendments of the Senate to House bill No. 86, making additional 0. propriations, and to supply deficiencies in the appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1866, and for other purposes, recommending concurrence in some and non-concurrence in others, and to ask that they be acted on now.
Mr. wASHBURNE, OfIllinois. I hopethat the Gentfrom Pennsylvania will consent to the postponement of the Senate amendments until tomorrow, so that they may be printed. Many of them are important amendments, involving large amounts of money. We ought certainly to have an opportunity to see these amendments in print. I do not make, the suggestion for the purpose of delaying action; on the contrary, I desire to help the gentleman in getting through his business.
Mr. STEVENS. The request is a reason able one, and I move that the amendments be printed and postponed until tomorrow. The motion was agreed to. NATIONAL CEMETERIES.
Mr. SMITH, by unanimous consent, submitted the following resolution: Resolved, That the ComAppropriat be instructed to inquire into the propriety of making an appropriation to complete the work inaugurat V jor General Thomas, commandinl military divIsi of the Tennessee, and other oficers. command inl divisions and Depts throughout the U.S.ill ii., States.contemplating the noble work of disinterring and gathering in national cometerics the brave soldiers who gave their lives for the salvation of the Union; and that the cornmittoe be empowered for personsand papers, and report at any time tboyaebnlIdI or othervnse.
Mr. WASHBURNE, of Illinois. I suggest that that ought to be referred to the ComMilAffrs.
Mr. SMITH. An appropriation will be necessary. I
Mr. STEVENS. The matter ought 1st to be considered by the ComMilAffrs.
Mr. SMITH. I modify the resolution so as to refer it to the ComMilAffrs instead of the ComAppropriat. The resolution as modified was adopted. PATENT OFFICE REPORT.
Mr. LAFLIN, from the ComPrintg, submitted the following report. The Clerk read, as follows: Resolved.That there be printed of the annual report of the ComrPatentsfor the your 1865, togetherwith illustrations.10,000 extra copies for the useof the ComrPatents, and 5,000 extra copies for the useof the House; and that orders heretoforn madeforthe printing of reports from said Commissioner et unllod. be made to correspondin amountwith the order hereby made for the report of 1865.
Mr. CONKLING. I want an explanation of that.
Mr. WASHBURNE, of Illinois. I tried to go} ran explanation of that last session, but I lai e.
Mr. STEVENS. Who pays for the book i now?
Mr. LAFLIN. We, the agents of the people, compel the Gpvernment to pay for it; of coiirse the people must pay for it, but we make them do it whether they want to do so or not. I do not wish it to be understood that the arrangement I have suggested shall apply to the books that are now ordered, or which may be ordered this year. The ComrPatents has insisted, with a pertinacity which it has been exceedingly diilicult for the committee to resist that we should give him 15,000 copies. Yet we have concluded to cut down the number of copies for him to10,000.
Mr. CONKLING. It is proposed that 15,000 copies of this ook shall be distributed to the people. I should like to be informed why the ComrPatents should distribute 10,000 copies and the members of this House only 5,000 copies.
Mr. LAFLIN. Because the ComrPatents is supposed to know better the class of people interested in this Patent office Report and it is found by exerieuce that the mechan ics and inventors oft is country are constantly a plying to the ComrPatents for iis very book., Mr. CONKLING. Does the Gentleman mean to say that the ComrPatents or any other officer of this Government knows more than a member of Congress? [Laughter]
Mr. LAFLIN. Certainly not; not in General matters; but he may, perhaps, on some speciality.
Mr. LAFLIN. [venture to assert that he knows more about a water wheel. for instance. I belieVe I have stated to the House all the facts connected with this matter. It is for the House now to determine whether we will wait Over a year for the publication of the Agricultural Report and 0t or books which have been or may be ordered, or whether it will make a commencement in cutting down the orders already made.
Mr. ASHLEY, of Ohio. I wish to inquire of the Gentfrom NewYork [Mr. Lsrnm] if h knows how many patents have been is sued, how much money has been aid byinvent ors to secure those patents, an if he considers it the much for the Government to furnish an who has thus paid for a patent a copy Mechanical Report.
Mr. LAFLIN. I am very sorry that the man from Ohio [Mr. ASHLEY] should been misled by anything I have stated. W do not propose to do anything of the kind suggests. In regard to why we allow the ComrPatent more copies for distribution than is allowed to the HoRep, I think I have fully stated the facts. Let it be clearly understood that ifthe House adopts the report of the committee, the country will be saved the sum of $128, 700, a saving which, even in these days, when men talk of their 1,000s of millions, will certainly be grate fully accepted by our constituency, already roaning under a load of debt “grievous to be orne.” and as this is a mere question of fact, and not one of principle, I think I will do no injustice to anyone to call, as I now do, the previous question.
Mr. GRINNELL. Will the gentleman with draw the call for the previous question for a few moments?
Mr. GRINNELL. I simpl wish to say, as it was at my suggestion that this number,10,000, was inserted, that I subscribe to every sentiment uttered by the chairman of the ComPrintg, Mr. Luann] I believe there should be a renotion in the amount of our public printing. I am willing to forego all the copies of the Patent Office Report that are to be assigned to me, if we can get at an early date those documents which the country a really requires and demands. I hope the number of this report will be cut down and that we shall have an increase of the number of copies of a report which is required by the country at urge. As the gentleman has spoken of the expense of the Government for paper, I would like to call the attention of the I House to some other documents which we have published for our use. Here is one called “Daily Order of Business.” The copy which I hold in my hand is composed of 18 pages of very fine paper, while only 6 of the pages have anything printed on them for us to read. That has been customary ever since I have been in Congress, at a cost of 1,000s and 1,000s of dollars to the Government for a useless purpose.
Mr. KELLEY. Will the gentleman yield to me for 5 or ten minutes?
Skip Skip Mr. LAFLIN. I now renew the demand for the previous question. The previous question was 2nded, and the main question ordered. The question was upon agreeing to the resolution reported from the ComPrintg.
Mr. {058. I shOuld like, if there was any way to do it, to increase the number of copies for members of Congress, and not have so many for the ComrPatents. As the resolution now stands, he is allowed twice as many as all the members of the HoRep.
Mr. CONKLING. It would be far better to have it reversed.
Mr. LAFLIN. If there is no objection, I would agree to making it 7,500 copies for the ComrPatents and 7,500 copies for the use of the House.
Mr. WASHBURNE, ofilliuois. Then I move to reconsider the vote ordering the main question, for the purpose of moving that amendment. The mtR agreed to.
Mr. WASHBURNE, ofIllinois. I now move, with the consent of the Gentfrom NewYork, [Mr. LAFLIN] to amend this resolution so as to give the ComrPatents 5,000 copies and the HoRep 10,000 copies of the Mechanical Report with illustrations, for 1865.
Skip Skip Mr. WASHBURNE,of Illinois. Ine w call the previous question on the amendmeqt and resolution. The previous question was 2nded, and the main question ordered. The question was then taken upon the amendmentof mr. Wasnsumvs, of Illinois, and it was agreed to.“ The resolution as amended was agreed to. Mr. LAFLIN mtRtv the resolution was passed; on the table. Agreed to. CLERK OI" Ways&Means COMMITTEE.
Mr. BANKS, by unanimous consent, presented a letter from Hon. William H. Seward i InIu I. in relation to a flag of the U.S. received from the working people of the cit of Lyons, France; which was reerredtothe ComForAffrs, and ordered to be printed. COMMODORE RADFOBD Mr. BANKS, by unanimous consent, also presented a communication from the SecyState in relation to a decoration proposed to be conferred upon Commodore William Rad ford by the King of Italy for assistance remdered to the Italian frito redItaliawhich was referred to the comEoreign Affairs, and ordered t2 be printed. TENNESSEE.
Mr. LATHAM. Iask unanimous consent to submit the following resolutions: Whereas by the information receivedthrough the investigations of the ComReconstruction Ind through other channels, it is the senseof this House that the peopleof the State of Tennessee are in acondition toentitle themtorepresentationhoroin: Therefore Resolved, That the ComReconstruction be, spd the sameishereby.relieved from the furthercon sideration of all matters pertaining to the representation of the State of Tenn 00in this House. Remlwd, That the creden inls of the Representatives elect from said Statebe and thesumsarehereby, referred to the Committee o Elections with leave to report at any time, and with instructionsto reportas soon impracticableupon the “eloetions, returns, and qualifications of I each of said Representatives elect as presented. prime /aria, by said credentials.
Mr. LATHA). I move to suspend the rules.
The SPEAKER that motion is in order only on Monday. MESSAGE Ill0H THE SENATE. A message was received from the Senate by Mr. FORNEY, its Secretary, notifying the House that. that body had passed bills and a JtResolution of the following titles, in which he was directed to ask the concurrence of the House: An set (S.No.26) to encourage telegraphic communication between the U.S and the island of Cuba and other West India islands and the Bahamas; An aet(S.No.146) for the relief of Thomas F. Wilson, late U.S. consul at Bahia, Brazil; An act (S.No.165) more effectually to provide for the punishment of certain crimes against the U.S.; and AJtResolution (S.R.No. 50) in relationto the publication of the laws of the U.S. Also that it had passed a bill of the House $10. 57) authorizing the Secretaries of War and e Navy to place hulks and vessels at the disposal of commissioners of quarantine, or other preperauthorities, at ports of the U.S., with amendments, in which he was directed to ask the concurrence of the House. NIGHT SESSIONS.
Mr. PRICE. I askleave to submit the following resolution: Ilmlved, That until otherwise ordered evening sessions shall beheld onTuesday and Thursday evenings of eath week for the purpose of allowing commillets to report in the regular order.
Mr. WASHBURNE, of Illinois. I object. to that resolution. We are getting on rapidly with our business without night sessions, and are far ahead of the Senate. neosxs INFANTRY TACTICS.
Mr. HENDERSON, Senate bill No. 105, to grant the right of way to the Case ade Railroad Company t rough a military reservation in Washington Territory, was taken from the Speakers table, read a 1st and 2nd time and referred to the ComMilArms. a 1. can. On motion of
Mr. FARQUHAR, Senate bill No. 130, for the relief of A. J. Gray, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComInvalidPens. EMMA J. HALL. On motion of
Mr. FARQUHAR Senate bill No. 181, for the relief of Emma Hall, was taken from the Speakers table, read a 1st and 2nd time, and referred to the ComInvalidPens. PENNSYLVANIA wan CLAIM.
Mr. STEVENS. I move that the rules be suspended, and that the House now resolve itself into ComWhole for the purpose of considering the s )ecial order. The motion was agree to; and the House accordinrly resolved itself into the ComWhole on the state of the Union, (Mr. lVASHBURNH, of Illinois, in the chair) and iro ceeded to the consideration of House hill 0. 360, to reimburse the State of Penna lvaiiia for moneys advanced Government or war purposes. h
Mr. STEVENS. I move to amend in line e“ight by striking out “9” and inserting 8, so that it shall read “ $800,000.” The amendment was agreed to.
Mr. STEVENS. This bill passed this House on a former occasion, and was lost between the 2 Houses. In 1f363, at the time of the invasion of Pennsylvania, the States of Pennsylvania, NewYork, and NewJersey sent a large number of troops under the roclamation of the President and at the call of the Governors of the differ e ntStates to conperate in repelling that invasion. They were in the service. under the command of officers of the U.S. After the battle of Gettysburg, and the troops had Withdrawn, they went on to settle the amount under the act of 1861, which authorized the Treasurer to pay them. 15 million dollars had been appro noted for the purpose of set thng all such de by the act of February 25 1862. In adjusting the accounts it was found that the accounts claimed and allowed to the States of NewYork and NewJersey absorbed the whole $15,000,000 and a few “dollars more. The few dollars due to NewJersey have since been paid. At the time of the adjustment Pennsylvania agreed that she would allow her claim to remain. back until the other States had been paid. As the invasion was in her territory it was thought that her troops should be last paid. But the $15,000,000 had run out, and the Sec reta of War and the Presidenttelegraplhed to the governor of Pennsylvania asking imto raise the money to pay the troops, and promismg that at the meetin of Congress payment would be recommende. There was nothing in the treasury at the disposal of the Governor, so he went to Philadelp in and raised from a few gentlemen there about 700,000 dollars and paid the troops. The accounts were since adjusted in the Dept here on the 4th of January, 1864. The amount allowed is $671, 476. It is that amount with the interest due to those individuals which has since been paid by the State of Pennsylvania that it is prolsiosed to pay. Pennsylvania has paid it, and that State is now substituted for these individuals. I will have the Clerk read some correspondence on the subject:
The Clerk read, as follows: Wan Dsrinrimsr Wasume roii Uirv. January 4.1 Sin: The Dept has this day receivedreturns of the amountsre iiired for the payment of the militia called out for the defenseof thestate of Pennsylvania on the 25thof June. 1863a. gainst the invasion by the rebel forcesunder command of General Lee. There beingno appropriation out of which these a!! nienls could be madeat the time they were requipod, patriotic  citizens of fliiladelphiaadvancod themouey, and it is properthat theyshould bereimbursedwith out.delay. I would respectfullyf900mu190d, therefore, that an immediateappropriation for that purposebo made. A copy of a letter of the 2nd Au ditor of the Treasury is herewith communicated. showing the amount of claims audited h him to be 8671.47643upto date. It is supposed that 8700.0“) will cover the whole amount of these claims. I have the honor to be twfiewIrNSeocsKrefiteaeryfluXyuvggliR of whon. Tnannsus Srsvsns, Chairma Committee Ways and Hm WASHINGTON.July 21, 186?. J.
Mr. FRY, Chairman UnionLeague, Philadelphia! All that is necessary is that the Governor of Pennsylvnnia should see that the company payrolls are properly made out and eertified. his eingdone. the amount due is readily ascertained and can be paid and the payrolls Will furnish the properofficial voucherof the payment is Dept will lay before Congressat the commencement of the session an estimateto cover the amount and requesttheup. propriation. The matter has beenarrangedin thil way in other States, and has been productive of no delay or complaint when the Governors have their giveg uttenltiontdo it and seen that the muster ro1 are propor y in O out. p EDWIN M. STANTON, SecyWar. TREASURYBernrits", Snooirn Anon ens Orrics. January 4, 1 Bil: Respecting the clni mof the State of PBHDSYIQvania. amountigf to5671.41i6ll. for paymentsmadetn the militia call out under the reclamation of the Governor of that State. dated one 25.1863, l the honor to state that the have prollsand vouchersfor said payments have been administratively examined in this officeand found i n the main correct. Errors on edoisveerreepda, ncies amouuting tsoay 92, 900have been disconsisting princisally ofcase s where the internalrevenue tax is not educted, or when deducted noIt accountedfor. a u bur t am. ver res so mm. u our o ien so i p by E. B ransom, Audsh? [w Hon. E. l. Srmros. SecyWar. 1554 Mr. STEVENS. I have nothing further to i say except this: this is not an ordinary case i where the militia were called out, of which we I have agood many claims presented here. These I troops were called out byproclamation of the President and of the Governors of the States, and the assisted in repelling the invasion under O cars of the U.S. Army. The$15,000,000 appropriation ran out just before the last company of NewJerse was paid, and another fund) was to be resorte to.
Mr. STEVENS. I doubt very much whether this isa proper amendment to this appropriation bill. It is an original law on anot or subJect. I raise the point of order.
Mr. BLAINE. The point was raised exactly 2 years ago and overruled.
The CHAIRMAN. The ComWhole is consideringabill to reimburse the State of Pennsylvania for moneys advanced to the Government for war purposes. The Gentfrom Maine[Mr. BLAINE moves an amendment to strike out all after the enacting clause and insert what has been read, being “ a bill to reim burse the States that have furnished troops to the Union Army for advances made and expenses incurred in raising the same.” The Gentfrom Pennsylvania [Mr. STEVENS] raises the point of order that the amendment is not ger mane. As an original question the Chair would hold that it is not in order. But in a former case, where a bill granting lands to a railroad in a particular State was pending, it was decided that it was in order to amend it so as to include railroads in other States and durini7 the last congress the same question was raised on precise y the same bill, and it was ruled that an amendment similar to this was in order. The Chair therefore thinks it is the will of the committee that such an amendment is in order. He rules accordingly.
Mr. MYERS. I raise another point of order: that this bill is an appropriation in pursuance of existing law, while the substitute is an unliqnidated claim.
Mr. Y IRS.R. Chairman, I should like to know of niy friendfrom Maine, whether he withdraws his amendment, having made his speech I
Mr. BLAINE. I am unable to reply to thatquestion. If the gentleman can tell me whether ese troops were ever credited to Pennsylvania on her uotas, I think I can answer it.
Mr. BLAINE. I must then refer the Gentleman to the Provost Marshal Generals othee for an answer.
Mr. MYERS. The gentleman is admirable, not in answering questions, but in getting out of answering them. He will understand, I trust, all the time, that I am not attacking the merits of his amendment.
Mr. DELANO. If the Gentfrom Pennsylvania will allow me, would like to know whether the sum provided for in the original bill is embraced in the measure adored by the Gentfrom Maine, [Mr. Bursa]
Mr. MYERS. That is exactly the question I have been trying to get an answer to. This bill reimburses the State of Pennsylvania the $700,000 she expended in the pay of troops called for by the President at a time when neither Congress nor the legislature of the State was in session, and under an express agreement by the President and the SecyWar that the General Government would refund the amount. This sum is not included in the pending amendment, as the report of the Provost Marshal General, nowbefore me, shows. By that report I find that Pennsylvania furnished to the war, in all, 366, 326 men, not including any of the calls upon her for the emer gencies of 1862 or 1868. These 366, 826 men, reduced to a 3 years basis, gave us 267, 658 men, which, at 55 dollars for each man furnished the rate proposed in the substitute now before the committee is $14, 715, 690.
Mr. BLAINE. If the Gentfrom Pennsylvania will allow me, I will make a brief explanation, which I think will also answer the Gentfrom Ohio, [Mr. Dunno] The principle on which this bill rests is, not to relate to the States in proportion to what they expended, but to reay them in some measure for what the did or the Union. What they did is to be determined by the number of men they furnished; and this House, in answer to a resolution, has received from the War Dept a statement of all the troops that have been furnished by the respective States. The Gentfrom Pennsylvania wants to know whether these militia were credited on the quota. I do not desire to answer any question positively, unless I have information enablin me to speak with certainty; but I will say that according to my impression, when the draft was bearing stringently upon the States, and when all sorts of credits were hunted up, Pennsylvania obtained an allowance on her quota for those very militia for which in this bill we propose to pay them 55 dollars perman. This is my impression, though I do not make the statement
Mr. DELANO. positiveliy. I understan that the original measure before us is to refund money exendedyb Pennsylvania in payment of the militia calle out by the Governor of that State.
Mr. STEVENS. With the permission of my colieague, [Mr. Mrnns] I will say that at the time of the rebel invasion the POTUS called on the Governor of Pennsylvania, as well as the Governors of NewJer sey and of other States, to furnish men for the emergency. Those men were furnished, and they rendered important service. Soon after the emergency had passed, and the troops had been withdrawn, the States of NewYork and NewJersey sent in their accounts, which were paid by the Government of the U.S. just at that point the appropriation ran out, and the claim of Pennsylvania could not be aid. p
Mr. DELANO. These militia were never mustered into the service of the U.S.
Mr. STEVENS. They were put under the command of U.S. officers.
Mr. DELANO. So I understand; but they were not mustered into the service of the U.S.
Mr. STEVENS. Technically, perhaps, they were not, but ructically it amounts to the same thing. I Iiclieve they were not sworn in, but they were put under the command of General Smith another U.S. officers.
Mr. MYERS.R. Chairman, I pass from this (point, simply slatin in answer to my frien from Maine that these troops were not. credited on the quota of the State of Pennsylvania. But even if he were right, the fact would have nothing to do with the question here, as this is ase cial claim under an agreement, as I shall show directly, and should not be af {Ieicted by the bill which has been offered by in.
Mr. HABDING, of Illinois. Will the Gentfrom Pennsylvania yield to me a moment? I desire to offer an amendment to the amendment.
Mr. SPALDING. Will the gentleman allow me to ask him a.question?
Mr. SPALDING. I would ask if there is not this difference between the 2 cases: the hundred days men were called out to come here and relieve the garrisons in the forks about Washington so as to increase the force in the field under GenlGrant.
Mr. MYERS. Yes, sir; but I believe they would have gone to the front if required, as the Formsylvanians did.
Mr. WILSON, of Iowa. With the permission of the Gentfrom Pennsylvania, [Mr. Mrnas] I will say that the hundred days” men were regularly mustered into the service of the U.S., which I understand was not the case with the Pennsylvania militia and so far as regards those furnished by the State of Iowa, they were sent to Tennessee and Arkansas; were at the disposal of the Government of the U.S., the same as other volunteers, and the same as regulars, for the period of their enlistment, 100 days. But, as I understand it, the Pennsylvania militia were not mustered into the service of the U.S.
Mr. STEVENS. Will my colleague [Mr. Mvnas] allow me to say aword in reply to the Gentfrom Iowa, Mr. Witson?]
Mr. MYERS. I do not object, though I shall answer him full.
Mr. STEVENS. I do not exactly understand why these hundred days men have been brought into the argument at all, for the certainly have nothing to do with this an jeet. The fact is the Formsylvania troops to whom this bill relates were allput under the command of officers of the U.S., and some of them were in an engagement with the enemy that took place in Maryland.
Mr. RANDALL, of Pennsylvania and they went wherever they were ordered to go.
Mr. MYERS. I referred to these hundred days men in reply to what was said by the Gentfrom Ohio, Mr. DELANO] to show that an appropriation of $25,000,000 was made on another occasion when there was not so pressing a necessit for volunteers, and when the money was ased and prom tly appropriated before the service was ren ered. The only difference here is that the service was rendered 1st. These Pennsylvania troops were ready to go and did go wherever ordered. I will go a little further than my colleague, [Mr. Srizviaivs] who said that these Pennsylvania soldiers were placed under the command of U.S. officers; they were also sworn into the service of the U.S. not regularly mustered in, perhaps, but they were sworn in to serve the I U.S. as well as the State of Pennsylvania. They were called out for the defense of the U.S., Pennsylvania being as much a art of it as the DistCol or an State. The defense of Pennsylvania and by Maryland then was the preservation of the country. They were in the trenches at Harrisburg when Ewells corps was before it. They were attacked at Car lisle, Wrightsville, and elsewhere, several being killed. They joined the advancing army of the Potomac near Gettysburg, and with it pursued the enemy through Maryland, picketing, and crossing the I otomae; all under U.S. oihcers placed over them by the War Dept. I have tho honor to be, vodient servant, E I do not wish to claim any superior merit for the troops from my State, and I presume that no gentleman upon this floor will make any such claim in beiialf of those from his own. In regard to the charge that they were not sworn into the U.S. service, let me, say that the POTUS tele graphed to Governor Curtin of Pennsylvania, am to Governor Parker of NewJersey, that it made no difference whether they were or not.
Mr. ROGERS., The State of NewJersey has not been paid.
Mr. STEVENS. The gentlemen is mistaken. I understand that NewYork and NewJersey have been paid every dollar.
Mr. ROGERS. No, sir; some 1,000s of dollars are still due us. v
Mr. STEVENS. Where does the gentleman get that from?
Mr. STEVENS. The Governor of NewYork has written to one of the Representatives from that State that they have been paid every dollar.
Mr. ROGERS. I say that NewJersey has not been aid. "
Mr. STEVENS. I say that it has, and m statement cannot be successfully centradicte.
Mr. MYERS.R. Chairman, I do not want this side discussion to come out. of in time. I feel certain that the Gentfrom i. ewJersey is mistaken
Mr. MYERS. Then all the gentleman has to do is to present vouchers, as Pennsylvania has done, and introduce a bill for his State, which I, for one, will sustain when properly before us. As to the question of muster, they were mus tered into the service; I have the telegram to show such was the fact, and this in pursuance of the contract made at the time these troops were raised. When the rebel invasion was threatened General Couch was assigned to the military Dept of the Susquehanna. All these troops were put under his command and that of General Smith. I read the telegram to Governor Parker: Wasnmoros. June 28, 18. His Excellency Governor Panama: General Couch is authorized to receive any troops that may be offered to serve under his command, whother sworn into the U.S. serviceor not. Pleasesendany militia or otherforceat your disosal. M. 8laN 0, SecyWar.
Mr. ROGERS. What is the amount of your e in?
Mr. STEVENS. 671,000 dollars is the amount settled at the Dept, and then there is the interest.
Mr. MYERS. I do not an pose there is any just minded man upon this oor who will take exception to this claim.
Mr. ROGERS. Let me ask the gentleman a questiou.
Mr. ROGERS. Wli was not Pennsylvania allowed her claim as i NewYork was?
Mr. MYERS. That has already been an swered more than once.
Mr. STEVENS. I suppose the Gentfrom NewJersey did not car my statement. After the settlement took place, and NewYork and NewJersey were paid, the Dept said the appropriation was exhausted. At the time gent emen in Philadelphia paid it at the request of the Dept, but the State has since returned it to them.
Mr. MYERS. I have only a few words more to add. I did not expect to be drawn into a discussion of this kind. I do not think any fair man hearing these statements can refuse to vote for the appropriation.
Mr. ROGERS. I would ask whether these soldiers were employed to prevent anything but the invasion of their own State.
Mr. MYERS. Yes, sir, they were. I think I have alread answered that.
Mr. ROGERS. Then the gentleman does not pretend that they went out of the State of Pennsylvnnia.
Mr. MYERS. They did go out of the State of Pennsylvania, as I have before explained into Maryland and even Virginia.
Mr. BOYER. They were in 3 States beside their own.
Mr. MYERS. Mr. Chairman, I think I have been very good natured in yielding the floor thus far, but I decline to ield any more, as I have only a word or 2 urther to say. This bill refunds to the State of Pennsylvania the pay of those soldiers called for by the President in 1863, when General Lee was marching to his defeat at Gettysburg. This was not the 1st time she furnished men ata weeks notice to defend the borders of 3 great States and aid the noble Army in which 1,000s of her sons were battling for the Union. In 1862, when Lees rebel hordes were driven back from An tietam, 25,000 of her sons joined the army of the Potomac and received the thanks of the Government for the aid they lent, yet not one dollar was demanded from the Government for their pay or expenses, and never will be. The soldiers of 1863 were paid at the request of the President and SecyWar by the banks of Philadelphia. The State as sumed and paid the amount to them as a matter of honor; and justice and honor demand that we shall no longer delay the liquidation of its claim.
Mr. Giddings. hat letter, Mr. Chairman, was addressed to you, [Mr. Wssniwnsa, of Illinois.] I have never seen the doctrine contained in it refuted. I regret that you have it not here with you, so that I could have it read to this House. It covered the whole subject of claims upon the General Government; and the principle is this, that while you can measure damages in the burning of a house; while you can ascertain the number of rails in a fence that the rebel army has destroyed; while you can approximate to the quantity of corn/destroyed in the field or in a granary, how are ou to measure the damages to those men who have lost their legs or their arms in fighting for their countr, or how are you to comensate for the loss of a husband or a father? Vhen, sir, are we going to see claims presented here for losses of this sort estimated in dollars and cents? Now, until we can make good to these bereaved mothers and widows the loss of their brave sons and husbands, I, for one, do not propose to pay a dollar to my for a rail fence, or a shanty, or any persons propert. Igerhaps I am going a little further into this matter than I ought to go, because the amendment pending covers the whole subject. So far as the State of Illinois is concerned in this bill and my friend has introduced a bill, I understand, to cover the losses of the State of Illinois I tell you that millions will not pay the poor folks of my State for what they have lost, and they have put in no claims here for personal damages. Mr. Chairman, I am more particular in making these remarks upon this occasion because I think the time has come when, if we do not limit the jurisdiction of the ComAppropriat, we should certainly exercise the right of amending the bills which they bring in.
Mr. HALE. Mr. Chairman, I do not rise for the purpose so much of O pwing this bill, as of endeavoring to elicit a little light upon it, which, it seems to me, the subject requires. I understand that in response to the question put by the Gentfrom Illinois [Mr. wisxr WORTH who has just takenhis seat, the chair man of the ComAppropriat says that this is an appropriation provided for by existing law. I (iiasire to ask him, prelimina rily, to what law he refers as authorizing this appropriation.
Mr. STEVENS. The law which authorized the calling out of the troops; the general law authorizing the President to call on the States for troops. He did call upon the State of Pennsylvania under that law, and those troups were furnished under the requisition of the SecyWar. As I said before, this amount would have been paid without any trouble, if the appropriation had not run out.
Mr. FRY, Chairmanof Union League.Penwluaata: All that i neoessa is that the Governor of Pennsylvania.should seat at the compnnnpnyrrolls are properly made out and certified. this being done. the amount due is readily ascertained, and can be paid and Fhe payrolls will furnish the properofficial voucher of the payment. This Dept will iay beforeCongress, at the commencement of thesession. an estimate to cover the amount, and request the appropriation. The matter has beenarranged this way in other States, and has beenproductive of no delay or complaint when the Governors have given theirattention to it and seenthat themusterrolls are properlymadeout. EDWIN M. STANTON. SecyWar. These militia were called out and at under the command of U.S. O cars, and sworn into the service of the U.S. After the defeat of Lee they followed him to Hagerstown and Falling Waters, and a portion of them afterward went over into Virginia and served there. I have taken care in this bill to provide that the accounts shall be reexamined y the War Dept, and if there are any errors in them they can be corrected. N ow, one single word in regard to the amendment, or rather the bill, of the Gentfrom Maine, [Mr. BLAINE] This claim of Pennsylvania is the only one of that character of claims that the U.S. Government has not et paid. We have a great many other claims that should be paid, as other States also have. But the one now proposed to be paid by the bill rerted from the ComAppropriat is the only one of that class of claims not already provided for. If, that claim were aid I might e favorably disposed toward the bill of the Gentfrom nine. But I do think it very unfair to interfere with the one before the committee by endeavoring to substitute his bill in its place.
Mr. HALE. I wish to say simply that I fail to perceive in the evidence read by the Gentfrom Pennsylvania [Mr. STEVENS sufficient proof that the State of Pennsylvania advanced money at the request of the Government for the payment of troops in the service of the U.S. under the exress promise of repayment. That being so, a thong the claim may be an equitable one, I do not think we ought to include in this bill a recital which the facts do not warrant. I therefore move to amend the bill by striking out the words “ advanced at the request of the Government for the payment of troops in the service of the U.S. under an express promise of payment, " and inserting, so as to make the hill conform to the facts, the words “ expended for the payment of troops in the service of the U.S.Yates.” Then, I submit we ought to have a statement of the facts in this case; the details and items, in dollars and cents, of the expenditures of the State of Pennsylvania, and the exenditures of the State of NewYork, and the expenditures of the State of NewJersey, so that we may see that we are treating Pennsylvania as we are treatin the other States in this matter. I certain] have no desire that Pennsylvania shall be calt with in any other manner than the other States are dealt with, or to a ply any niore rigid rule to her than is aplie to other States. But I am not willingl that she shall hdve any more liberal rule app ied to her than the other States have hada phedto them.
Mr. STEVENS. That question was raised during the last Conflress bamember then here from the city of NewYork, Mr. Fernando Wood. He proposed an amendment and then the matter was laid over for a time. Before it again came up for action he received a letter from the Governor of that State, stating that their troops had been aid.
Mr. HALE. Very well; I will move the amendment I indicated when I was last upon the floor in order to make this bill conform to the facts of the case.
Mr. STEVENS. I do not know that I have any objection to that amendment, as it does not affect the substance of the bill; but there is a telegram which I have not now here, and which I desire to submit to the House before the vote is taken.
Mr. RANDALL, of Pennsylvania, obtained the floor.
Mr. FARNSWORTH. If the Gentfrom Pennsylvania will yield to me, Idesire to move that the committee rise, in order that the House may dispense with the session of this evening.
Mr. RANDALL, of Pennsylvania. I have no olaeetion to that.
Mr. FARNSWORTH. committee rise. The motion was agreed to. So the committee rose; and the Speaker having resumed the chair, Mr. Wiissnuuss, of Illinois, reported that the ComWhole on the state of the Union, having had I move that the under consideration the bill (H.R.No. 360) to reimburse the State of Pennsylvania for moneys advanced Government for war purposes, hnd come to no resolution thereon. HOLDING EVENING SESSIONS.
Mr. STEVENS. It is now very near the hour of adjournment; and inasmuch as many gentlemen wish to have this evening to themselves, I move that the evening session for today be dispensed with. The motion was agreed to.
Mr. STEVENS. Mr. Speaker, as some gentlemen desire information about certain acts in connection with the hill just under consideration, and as I desire to obtain evidence which is not here at present, I move that the House adouin. lhe motion was agreed to; and accordingly (at 4 oclock and 25 minutes p. m.) the House adjourned.
Skip Skip PETITIONS, ETC. The following petitions kc" worepresentedunder the rule, and referred to the appropriatecommittees: Mr. ANFUhA: The memorial of Messrs.Fred eric Saucr, N. A. Felix, llenry genlel 6t 00., A. D. RIloeyaedirn, gP, eter Barbey, and llorman Floto, brewersof Penna lvania, asking that the duty on barley imported roin Canada, &c., mayhesoadjusted asnotto exceed the sum of 5 cents perbnshel. By Mr. ASHLEI, of Ohio: Petitions from the businessmenof Sidney Illinois; Illiopolis, Illinois; Catlin, Illinois; Phrlo. Illinois; praying Congressto grant an appropriation for the improvement of the nangntioniof the Maumec bay and the harbor of Tole 0. Ohio. I. Also, from NewHaven. Indianaflm Gro, In5iiana: Logansport, Indiana; Attica, Indiana; praying for an appropriation for the samepurpose. lso, from the citizens and businessmen of Man meeCity, asking for an appropriation tor the same purpose. By Mr. BAN S: The memorialof revenuo assess ors of 6th d not, Massachusetts, for increase of compensation. Also, the memorialofAndoverSavinss Ban Massachusetts.for exception from tax on dividen, kc. By Mr. BOUTWE L: The petition ofA. Lawrence and others, and the petition of John Wright, and others, asking for amendmentsof the tariff. Also, the etition of Allen Hathaway and others, citizens of ighton, Massachusetts.upon the same In 100. By Mr. BUNDY; The petition of William Mercer. of Ross county, Ohio for relief. By Mr. DAVIS: The petition of ChesterPatterson. aasnkdi6n6g others, citizensofoiiondagacount, Nsw York. an increaseof duties on importe wool. Also, the petition of W. P. Giles, Jose fih Fisher, and 500thers, citizensofOnondiigacounty. cwYork, praying for increased ratesof do? on importedwool. Also. a similar petition by. A. Sweet.
Mr. R. Shaw and 40others, citizens of Ononda a county. Also, like petition of david Hibbard, ohn Gullah, and 214 others, citizens of Onondaga county, NewYork. By Mr. DENISON: Petition! of 114citizensof Man ayunk, Pennsylvania. aski for amendmentsto the thrill. to protect American abor from foreignproductions. By M
Mr. GARFIELD: The petition of JoshuaProbes, and 43 others, citizens of Ashtnbula county, Ohio. praying Congressto pass a law for the protection of American wool., By Mr. HARDIBG of Illinois: The petition of citizens of Monmouth, Illine ls, for uniform insurance lars. By Mr. KASSON: The memorialof facultyof Mid dlcbury College, for the legalization of the metrical decinial system ofwyights and measures. By Mr. LAWRENCE. of Pennsylvania: A petition from citizens of Creme county. Pennsylvania, foran increaseof tiirifl on wool, Also, a petiiion fromcitizensof Washington county, Pennsylvania. for amendments to the Lonstitution giving to all classes Oilflilflenh thleir natural rights. By 31!“.MORRIS: 1lVOpetitions signed by J. D. Bordwell, Esq" of Yates county, NewYork and 300 of the rs.trr pay crs, remonstratiuzdlwuinst a renewal of tyh.e reciprocity trenty ivith Caiiinda. Mr. DELL: A memorial from Hon. George H. Criinicr. mayor of Cape(iirnrdeziu, Missouri. This setsforth the fact that the internalrevenue to: on liquors and tobacco excceds the import duty levmdon foreign rirticlrs and suggeststhat the duties should be so illlJllriKdas to give our own manufacturers an equal chancewith foreign. Also, acommunicationfromJohn L. Roach, “ Capo Giriirilenn. accompanied by plats proposing a new plan for liriilring navigable streamsan applying the plan By especially to the Mississippirrver. Mr. RAX MO31): The petition of Walter w. Price and others.of i ewi ork, for a reduction of the duty on imported bsrrlcy. By Mr. SPALDI G: The petition of Trace E. Smith. llarry Sorter and of the rs.citisens of May eld, Ohio, for an increaseof the tnijiil on wool. Dy MLWELKER: The petition of CassBliikeslcy, orig ldfl others. wool growers of Medina township: an. villa township, Medina county, Ohio. asking protoction on wool. P. Clark and 74others, wool rowrr.osf )Iont
@@@IN SENATE SENATE. Tnnssnav, March 22, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
Mr. MORRILL, from the ComCommerce, to whom was referred the petition of William Bell and John Hughes, praying for an American rester for the ship Patrick Henry, submitte an adverse report; which was ordered to be printed. no 156.1. He also, from the same committee, to whom was referred a bill (S.No.208) to protect American citizens engaged in lumbering on the StCroix river, in the State of Maine, reported it Without amendment. He also, from the same committee, to whom was referred a bill (S.No.135) to declare certain streams in the State of Iowa not navigable streams, reported adversely thereon.
Mr. POMEROY, from the ComPubLands, to whom was referred a bill (S.No.156) making additional grant of lands to the State of Minnesota in alternate sections to aid in the construction of a railroad in said State, reported it with amendments.
Mr. CHANDLER, from the ComCommerce, to whom was referred abill (S.No.139) to provide for surveys of the upper Mississippi and the Minnesota rivers, reported it with amendments.
Mr. DOOLITTLE, from the ComIndAffrs, to whom were referred resolutions of the Legislature of Kansas in favor of so amending the provisions of the land grant to the Leavenworth, Lawrence, and Fort Gib son railroad, together with a branch from Law rence to Emporia, as to make Burlingame a int on said road, asked to be discharged om its further consideration, and that it be referred to the ComPubLands; which was agreed to.
Mr. NYE, from the ComNavAffrs, to whom the subject was referred, reported a bill (S.No.220) for the relief of certain contractors for the construction of vessels of war and steam machinery; which was read, and passed to a 2nd reading.
Mr. POMEROY, from the ComJudiciary, who were instructed by.a resolution of the Senate to inquire into the justice and expediency of providing by law for the payment of claims of loyal citizens for uartermasters stores furnished the Arm, an a petition of citizens of Stafford county, ir ulh, praying for compensation for an plies urnished the Federal Army and for osses sustained by reason of the military occupation of that section of count, reported a ill (S.No.217) to provide for the payment of queitermasters stores and subsistence supplies furnished to the Arm "of the U.S.; which was read, an massed to a 2nd reading.
Mr. HOWE. The JtcomLibrary have instructed me to report abill (S.No.216) to provide for the transter of the cus tody of the ibrary of the Smithsonian Institution to the Librar of Congress. The bill was rea, and passed to a 2nd reading.
Mr. HOWE. If there be no objection, I should like to have the bill considered at the present time.
The President protempore. It requires unanimous consent to consider the bill on the do it is reported. Is there any objection?
Mr. SUMNER. I am very much interested in that question. I have aid some little attention to the subject in a vance, and I should really like to see the bill in print. wish to make any objection, but I think it had better lic over.
Mr. HOWE. Certainly that is a very reasonable request. I cannot ask to have it congidered.
The President protempore. over under the rule. PAPERS WITHDRAWN and REFERRED. On motion of
Mr. JOHNSON, it was It will lie Ordered, That the memorial of Samuel M. Salo mon. executor and devise o of Iluym M. deceased, Salomon. praying indemnity for advancesof money made by his grandfather.liaym Salomon.during the revolutionary war. be withdrawn from the Commit we on Claims, and referred to the ComRevClaims. BILLS INTRODUCED.
Mr. WADE asked, and by unanimous congent. obtained, leave to introduce a bill (S.No.218) exemptin the property of debtors in the DistCol from levy, attachment, or.310 on execution; which was read twice by I do not its title, referred to the ComDistCol and ordered to be printed.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce a bill (S.No.2l9) granting certain lands to the State of Michigan to aid in the construction of a ship canal to connect the waters of Lake sufferior with the lake known as Lac LaBelle, in said State; which was read twice by its title, and referred to the ComPubLands. Pnnnniiiis LICENSES.
Mr. SUMNER submitted the following resolution; which was considered by unanimous consent, and agreed to: Rewind. That the ComFinance ho Ristructedto considerthe expediencyof amending the internalrevenueact by providing that loyal soldiers who have beenpermanently disabledhy lossoflimb or otherwise may have a peddlers license Without payment of the customaryfee. PRESIDENTIAL APPROVAL OF BILLS.
Skip Skip A message from the POTUS, by Mr. WILLIAM G. Moons, his Secretary, announced that the POTUS had approved and signed, on the Zlst instant, the following acts: An act (S.No.36) quieting doubts in relation to the validity of certain locations of lands in the State of Missourimade by virtue of cer tificates issued under the act of Congress of February 17, 1805; and An act (S.No.64) to amend an act entitled “An act to incorporate a national military and naval asylum for the relief of the totall disabled officers and men of the volunteer orccs of the U.S. ” COMMITTEE SERVICE.
Mr. YATES. Mr. President, I desire to ask to be excused from serving on the ComPensions. I am now serving on 4 committees, and I cannot attend to them all. I therefore ask to be excused. The request was granted. NORTHERN KANSAS RAILROAD.
Mr. LANE, of Kansas., I desire to move a reconsideration of Senate bill N 0. 145, which was passed yesterda.
The PRESIDENT protemera. The motion will be entered, unless its present consideration is asked.
Mr. LANE, of Kansas. It is abill granting lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph. I desire to amend it so as to make it consistent with itself. If there be no ob fection, I should like to have it acted on now. want to strike out 2 words, “in Kansas.” It is a restriction which ought not to be there.
The PRESIDENT protempore. The Chair understands that the bill has been sent to the HoRep.
Mr. LANE, of Kansas. I move that the Secretary be directed to request its return. The motion was agreed to.
Mr. HENDRICKS. I wish to ask the chair man of the ComPrintin whether this resolution provides for printing this minority report of the special commission appointed at the last session of Congress. I have looked for that report several times but could not find it. It does not seem to be printed with the rest.
Mr. ANTHONY. I do not know of any, 3 minority report being referred to the ComPrintg. It is our intention toprint all the documents from this revenue commission. I think several of these reports are minority reportsthat is, they are not signed by the whole body of commissioners, but are rearts of subeommittees. “
Mr. HENDRICKS. The report that I speak of I believe was made by Mr. ayes.
Mr. SHERMAN. I have read all these reports, and what the Senfrom Indiana says [8 true. The various subjects were referred to different members of the commission, and each of them upon his own motion made a report. The report by Mr. Hayes, of Chicago, on the subject of taxing Government securities, and also upon the subject of reducing the national debt has not been published. I have been look in for it in self. I should like to see it publish ed. Alt ough it is avery bad document, in myhjsdgment, still I think it ought to be publish e.
Mr. ANTHONY. I will accept an amendment to include that.
Mr. HENDRICKS. What was the number of the majority report that was ordered to be printed?
Mr. ANTHONY. The same number that is ordered here, 5,000d.
Mr. HENDRICKS. Then I move to insert, “and the minority report made by Mr. Hayes."
The President protemporc. The Senfrom Indiana moves to amend the resolution by adding the words, “ also the report made by Mr. Hayes.”
Mr. SHERMAN. My impression is that the SecyTreasury has never soul "I that report. I have seen it. The document was handed to me as a member of the ComFinance, but I think it was never published and never ought to be published by Congress, and perhaps this resolution for extra copies will not reach that.
Mr. HENDRICKS. It will do no hurt any how. The amendment was agreed to. The resolution, as amended, was adopted. PASE HALS CONSTITUTION!
Mr. ANTHONY. The ComPrintg, to whom was referred a resolution to inquire into the expediency of purchasing certain copies of the Commentaries of Mr. Pase hal on the text of the Constitution, have instructed mete report it back and ask to be discharged from its further consideration and that it be referred to the ComJudiciary. This is a legal document, and it is not a matter that properly comes before the ComPrintg. If the ComJudiciary should think proper to purchase these books it is not a resolution to print a book, but to purchase copies the ComPrintg might then take into consideration the subject of ordering any number of extra copies.
Mr. ANTHONY. It isa Commentary on the Constitution.
The President protemporc. It is moved that the ComPrintg be discharged from the further consideration of the resolution named by the Senfrom RhdIsland, and that it be referred to the ComJudiciary.
Mr. TRUMBULL. It does not seem to me that this is a matter for the consideration of the ComJudiciary. As I understand it, here is a resolution referred to the ComPrintg directing them “to inquireinto the propriety of purchasing, for the use of the Sea ate, a number of the copies of the Constitution of the U.S., with the notes of reference and a complete index prepared by George W. Pase hal." I do not know what the ComJudiciary has to do with a question of that kind. I think the ComPrintg might either submit the matter to the Senate, or report against it. There is certainly nothing to be inqJuired into by the ComJudiciary. Io ject to its reference to that committee, and hope the Senate will act upon it here. I cannot see what investigation the ComJudiciary can make with regnr to it. Certainly it does not relate to the c, arts of the country in any respect that I am aware of.
Mr. RIDDLE. The ComPrintg thought that this matter should go to the ComJudiciary as they are better able to judge a on such questions than the ComPrintg, and if they consider it worth printing or purchasing, let them report it. back to the Senate for the printing or purchasing of the usual.iiumber, and if any extra numbers are required the ComPrintg can take that matter into consideration. That is the motive which induced the honorableSenfrom RhdIsland, the chairman of the ComPrintg, to ask that this subject he referred to the ComJudiciary, of which the honorable Senfrom Illinois is chairman.
Mr. TRUMBULL. Really I do not think the Constitution of the U.S. ought to be referred to the ComJudiciary to know whether they will publish it or not. If somebody has been making notes upon iIt, do not know what that committee has got to do With it. It is not the printing committee of the Senate. I hope the Senfrom RhdIsland will not ask for such a reference of it.
Mr. ANTHONY. The motion that I have made can be divided. Certainly the ComPrintg are not prepared to recommend the purchase of a booE with notes upon the Constitution; but as the matter was rought before the committee, and as they did not think they were the properorgan of the Senate to determine upon the propriet of such a publi nation, they thought it adetter be investigated by that committee that has charge of the "onstitution and laws.
Mr. BROWN. Why not refer it to the ComLibrary?
Mr. ANTHON Y. Well, I will say the ComLibrary.
Mr. TRUMBULL. Just reportit back without asking that it be referred to any committee.
Mr. JOHNSON. The ComLibrary is the reer one.
Mr. ANTH N The ComPrint in ask to be discharged from its further consideratioa. Let that motion be put, and then it may be referred to any other committee that the Senate choose.
Mr. GRIMES. Let us take it up and act upon it now.
The President protempore. The former motion is withdrawn, and it is now moved that the ComPrintg be discharged from the further consideration of the subject. The motion was agreed to.
Mr. GRIMES. Is the resolution now before the Senate? If so, I move to postpone it in definitely, so as to get rid of it.
The PRESIDENTpro tempore. It is moved that the further consideration of the subject he now indefinitely postponed. The motion was agreed to. USE OF HALL FOR. A LECTURE.
Mr. WILSON. I submitted a motion yesterday in the form of a resolution to grant the use of the Hall on next Tuesday night to Mrs. M. C. Walling, the floor to be used for Sens&Reps and their families. The PRESIDENT protempers. It is moved to take up the motion submitted yesterday that the use of this Hall be granted to the lady named by the Senfrom Massachusetts on Tuesday night next under the circumstancesmentioned y him.
Mr. CONNESS. I hope the Senator will not ress that. It is very well known that the HoRep have had to desist from giving the use of their Hall for such purposes to anyone. The offenses committe need not be named here; desks have beenbrokenu and the practice has had to be stopped. The Senator accom anies this motion with a condition that the corbe re served for Senators and members of the other House and their families. I am opposed to an exclusive aristocracy in this country, composed of Senators, members of the HoRep and their families. A Senators family and the family of a Representative are no better than the families of other citizens in the capital. They are not, I think, under such circumstances, entitled to any increased privilege, and it would be offensive to the public judgment to so entitle them by resolution to be passed by ourselves. V The honorable Senator cannot resist applications made by the other sex, I fear, and I must only attribute to his gallantry, to the ease and gentleness with which he retires before pressure of this character, the motion that he as made. However leasant it might be to vote with him on the subject, I know of nothing further to say, except that I regret that the motion is pressed here in this body. It is a practice that cannot be followed, and I hope will not be carried.
Mr. WILSON. I simply made this motion. I have not pressed it quite so strongl as the Senfrom California has oppose it. I suppose he is made of sterner stuff than I am; he is of a harder nature, and I supposed it would have his opposi ion. the question is before the Senate whet or they will grant the use of the Hall for this lady to lecture in on Tuesday night. She is a refugee from Texas, a resident now, I believe, of the State of Illinois, and has been accustomed to lecture, and would like the use of the Hall for that purpose. I took the suggestion that was made to me to meet the point that the Hall might be abused or anything of that kind, and to prevent that it is declared that it shall be used solely for members of the 2 Houses and their families. That will fill the Hall; the galleries will be used by other iersoiis.
The PRESIDENT protempore. It is now moved to take up the subject named by the Senfrom Massachusetts, the motion having been laid on the table yesterday by him. The motion was not agreed to. FORT HOWARD MILITARY RESERVE.
Mr. HOWE. I move that the Senate proceed to the consideration of Senate hill 0. 168. The motion was agreed to; and the bill (S.No.168) to provide for the disosal of certain lands therein named was considered as in ComWhole. By its provisions the ComrGLO is authorized to cause to be sold at ublic auction all the unsold lots of that portion of the public domain known as the Fort Howard military reserve, which is situated in the county of Brown, and State of Wisconsin, giving not less than 2 months notice of the time and place of such sale, by advertising the same in such news apers and for such period of time as he may deem best. Every lot is to be sold separately to the highest bidder for cash, and when not paid for within 24 hours from the time of purchase, to be liable to be resold under the ordiar of the ComrGLO aforesaid, but no sale to be binding until aproved by the SecyInterior. he 1st amendment of the ComPubLands was in section one, line 4, to strike outthe word “ sold" and insert “offered, ” so that the clause will read: That the ComrGLO be, and he is hereby, authorized tocausetobe offered at public auction all the unsold lots of that portion of the public domain known asthoFort Howard military reserve. The amendment was agreed to., The next amendment was in section one, i line 15, after the word “aforesaid, ” strike out “but no sale shall be binding until approved by the SecyInterior, " and to insert “at such reasonable minimum as may be fixed by the SecyInterior; and no sale shall be binding until approved by that officer, ” so that the clause Will read: Every such lot shall be sold separatelyto the est bidder for cash and when not paid for within 24 hours from the time of purchase.itshall be liable to be resold under the order of the ComrGLO aforesaid. at such reasonable minimum as may be fixed by the SecyInterior: and no sale shall be binding until approved by that uflicer. The amendment was agUreed to.
Skip Skip The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. COURTS IN CALIFORNIA and LOUISIANA. On motion of
Mr. HARRIS, the bill (S.No.179) in relation to the district courts of the U.S. in the State of California was considered as in ComWhole.
Mr. HARRIS. The ComJudiciary have reported an amendment, which is to strike out alFof the bill after the enacting clause and insert a substitute. It will only be necessary to read the substitute.
Mr. HARRIS. In line 9of the 1st section the word “ western" should be striken out and “eastern” inserted; it is a misprint.
The President protemporc. That correction will be made, as it is a clerical mistake. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amend ed, and the amendment was concurred in. The bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. On motion of
Mr. HARRIS, its title was amended to read: “Abill in relation to the distriet courts of the U.S. in the States of California and Louisiana." BRIDGE AT StLouis.
Mr. BROWN. I call for the regular order of business, bein Senate bill No. 38.
Mr. BROWN. I do not think this bill will take more than a few minutes.
Mr. TRUMBULL. I desire to call up this morning the case of the honorable Senfrom NewJersey [Mr. STOCKTON] whose right to a seat is questioned, and which is aquestion of privilege.
Mr. BROWN. I am not desirous of embar rassing that case or of interfering with its consideration, but I think this bill can be disposed of in a few minutes.
Mr. TRUMBULL. If this bill is to occupy but a few minutes, I shall not object, but it may be of a character to lead to de ate.
Mr. BROWN. I do not think it will lead to any question; at all events, if it produces a protracted discussion, I shall give way.
Mr. TRUMBULL. Well, sir, I shall call up the NewJersey case as soon as this bill is disposed of.
The President protempore. The bill (S.No.38) to authorize the construction of a bridge across the Mississippi river, at the city of StLouis State of Missouri and at the city of East StLouis, State of Illinois, being the unfinished business of yesterday, is now before the Senate as in ComWhole. It will be read.
Mr. BROWN. The ComPostOffices have reported an amendment. in the nature of a substitute; I suppose it is only necessar to read the substitute. The RESIDE T protempore. The substitute only will be read if no Senator calls for the reading of the original hill.
The Secretary read the amendment, which was to strike out section 2 of the substitute, and in lieu thereof to insert the following: SEC. 2. Abife:, That the bridge built under authority of this act shall not be a suspension bridge or draw bridge, with pivot or other arm of draw. but shall be constructedwith continu ous or unbroken spans and subjectto these conditions: 1st. that the lowest part of the bridge or bottomchord shall not belcsst antifcetahove the city llircctrix at its greatest span. ccond. that it shall havetit least one span 600 feet in the clear or 2 spansof 450 feetin the clear of abntincuts. If the 2 latter spansbe used. the one over themain steamboatchannel shall be 50 feet above the city directrix, mensuredto the Iowost part of the bridge at the center of the s an. 3rd. nospan over the waterat lowwater marks will be less than 200 feetin the clear of abutmentc., The amendment to the amendment was agreed to.
Mr. HENDERSON. I will ask my colleague if this amendment is substantially in accordance With the recommendations of the Chamber of Commerce of StLouis? I received a papersome time since from the Chamber of Commerce in reference to the height of the bridge and the spans. BROWN. It is exactly in accordance with bat, with this Simple provision, that it substi tes the fixed point of the cit directrix for th} questionable one of extreme ighwater mark
Mr. JOHNSON. What is the elevation? Mt. BROWN. 50 feet.
Mr. HENDERSON. I was of the impres rpibn that the water more generally rose above the city directrur, but of course my colleague knows. Mr. BROWN. No; I have here the water lines for the last 25 years.
Mr. HENDERSON. I have examined that draught.
Mr. BROWN. I think this amendment will cover all the objections. The amendment to the amendment was agreed to.
Mr. BROWN. I will move to amend the amendment of the committee in section one, line 14, by inserting after the word “ Illinois” the words “and across any channel, slough, or bayou of the Mississippi river that may separate theislpnds Opposite StLouis from the main Illinois shore;" so that it will read:.A bridge across the Mississippi river, between the cciittyy of StLouis in the State of Missouri and the of East StLouis. in the State of Illinois and acrossany channcl.slough or bayou of the Missis lippl river that may separatethe islands oppositeSt. cLoonudisitiforonms ctohnetmainaeindIilnline is shore, subject to all the said not, Jzc.
Mr. TRUMBULL. I have a little doubt about the propriety of that amendment. The main channel of the river opposite StLouis is separted from the Illinois shore by an island, and there are various sloiighs there. A creek comes down there. I do not suppose the congress of the U.S. can authorize the construction of a bridge across private propertv.
Mr. BROWN. The navigable channel is not private procrty.
Mr. IR MBULL. The slough on the east side of the channel is not a navigable channel at all. his a turnpike now. We have a trav eled road from the main Illinois shor on to the island, and Bloody Island is a tract of land embracing several 1,000 acres at the present time, and owned by private individuals. I am not proared to say at this moment what the effect of authorizing a bridge over private rop crty might be. I see by the revisions of this bill that the State of Illinois as passed an act which in conjunction with an act passed by the State of Missouriauthorizes the construction of this bridge. I have not seen the Illinois act; I do not know what its revisions are; but I presume that act will made the necessary provision for the construction of any part of the bridge that is not over the waters of the mississippi.
Mr. BROWN. It is not important, and if the Senator objects to it, I will withdraw the amendment.
The President protampon. The pros osed amendment to the amendment is with rawn, and the question is on the amendment of the committee as amended. The amendment as amended was agreed to.
Skip Skip The bill was reported to the Senate as amended an the amendmentwas concurredin.
Mr. DOOLITTLE. I should like to ask the Senfrom Missouriwhether the height of this bridge is sufficient so as not in any respect to interrupt navigation.
Mr. BROWN. Yes, sir; there is now no objection to it on that score.
Mr. DOOLITTLE. How high is it to be above high water mark?
Mr. Bl OWN. 50 feet above the directrix.
Mr. DOOLITTLE. Is that sullieiently high for steamboats?
Mr. BROWN. It is ample for all purposes.
Mr. GRIMES. Provided they lower their chimneys.
Mr. BROWN. They will have tclese o ic chimneys. It does not interfere with the pi ot houses or anything of that sort.
Skip Skip The bill was orderengross for a 3rd reading, read the 3rd time, and passed. Senfrom NEWJERSEY.
Mr. TRUMBULL. I now ask the Senate to proceed with the consideration of the case of on.
Mr. TRUMBULL. I will ask the Clerk to read the report of the committee.
Mr. CLARK. I suppose the question bl fore the Senate is upon the resolution submit ted by the committee: Resolved.That John P. Stockton was duly elected an is entitled to his seatas a Senfrom the State of NewJersey. for the term of 6 yearsfrom the 4th day of March. 1
The PRESIDING OFFICER, (Mr. Ax rnosr in the chair.) That is the question.
Mr. CLARK. I move to union the resolution hyinsorting the word "not" before the word “duly, ” and also before the word “ entitled;" so that it willrcad: Resolved. That John P. Stockton was not duly elected and is not entitled to his seat as a Senfrom the State of NewJersey for the term of 6 yearsfrom the 4th day of March, 1865.
The PRESIDING OFFICER. The question will be u n that amendment.
Mr. BUCKALEW. Was not the mode of election a art of the “manner?”
Mr. FESSENDEN. Mr. President, I do not know whether on a question of this sort we shall be considered as acting as in Committee of the Whole in the 1st place, and afterwards in the Senate.
The PRESIDING OFFICER, (Mr. AN rnosv in the chair.) One vote is all that is necessary to decide the question.
Mr. STOCKTON. I desire to askthe Senfrom Maine aquestion before he takes his seat. I do not know whether I clearl apprehend him; but I wish to know whether e takes the position that the joint meeting had not the power to decide how the Senator should be elected.
Mr. FESSENDEN. Itakcthat position most decidedly and thoroughly, that it has not the power to decide how a Senator shall be elected if it varies from the ordinary received mode. It may make its own rules on mere mine r details as to matters of form; it may choose its presidin officer, or anything of that sort. But hold that it cannot undertake to change the parliamentary law or the common law, because that is a matter that only the Legislature can do. Any change in the ordinary modes of proceeding, such as are recognized by the aw, must be by the Legislature itself, because it is the Legislature, and not the convention, that chooses the Senator.
Mr. STOCKTON. Mr. President, I propose to read a few sentences from the language used by Mr. Fasssnnen in the debate in the Senate on Harlans case: " The convention being formed" In this case the Senator admits that the joint meeting was legally formed “ The convention being formed, (and you maysup pose it formed under the act, or in contravention of it.) it remains to inquire what were the incidents of the convention itself. A convention has certain legal incidents. It has the power to adjourn. if it is legzilly formed. It has the power to decide what shall constitute a quorum, if there is no overruling constitutional provision on that point. It has the power to organize. It has the power to decidewho shall preside over it. It has a power of perpetuation unless its existence is terminated by a superior power at a certain time. Then this conventionbeingassembled. whether under thestatuteor not, on coming together had these incidents: the power of deciding how the Senator should be clected." Congressional Globe, 34thCongress third Ionian, p.M.
Mr. FESSENDEN. Within the limits of the law, of course.
Mr. STOCKTON. I did not rise to say anythinv on this subject at present; but let me say, as am on the floor, that the Constitution of the U.S., which might have de clared that a plurality could elect, took all the power it was capable of conveying and conveyed it all to the State Legislatures. The Senfrom Maine is accurate in saying that the Legislature is created by the Constitution of the U.S. the body to elect senators; but the State constitution is to define of what the Legislature consists. This question had been raised before the formation of the constitution of NewJersey in 1846; and to put it beyond dispute, the report of the committee of4 the constitutional convention was amended so as to make the constitution of our State declare the joint meeting to be the legislature. The constitution of NewJersey for that express purpose not only declares it a Legislature when sitting separately, but de clares it to be a Legislature when in joint meeting assembled. All the power that the constitution of the U.S.tates had over the subject of the election of U.S. senatorsit gave to the Legislature; it is admitted that the State constitution alone could declare what the Legislature was; it has so declared, and yet it is now said that that Legislature is incapable of saying how the Senators shall be elected; they may elect, but they are inca ableof saying how the election shall be made. That is the argument. Mr. President, I deny that the Gentfrom Maine states the parliamentary law correctl. By the parliamentary law the natural rule in a deliberative body is undoubtedly that the majority shall govern, unless someprevious agreement or rule of the body permits a smaller number to cast the vote, or requires a larger number; and in that case
Mr. Cushing declares that it is by virtue of the major vote that the act is done. The King cannot authorize a private man to create a corporation, but a private man may name the corporators, and it becomes a corporation by virtue of the grant of the King. In the same we. the vote here was the vote of a majority, an it is a misno mer to call it anything else; and the whole of this case has been mise once ived by the gentlemen on the other side on this ground. It was the power of the majority vote which made the election. Shall I stop, Mr. President, to refer to precedents? It is said that no such thing has ever been done in NewJersey. From the earliest times we have claimed the right in NewJersey, and exercised it, of dropping a candidate. Is not that a power similar to permitting by a majority vote a plurality vote to elect? Senators are not always elected in NewJersey, or in any other State, I presume, in precisely the same way. There is no argument against the validity of this election in the fact that the rule by which it was made is rarely resorted to. It is very seldom that a state of things can arise where a majority will agree beforehand to make a rule the result of the adeption of which is clearl manifested. It is rarely the case that individuals will be willing to vote for that rule when they will not vote directly for the candidate whom it will elect. Senators may not be able to account for it; the may think it a singular state of things; an so it is; but my political party were in power at the time; we had a majoritgiof 5 in our Legislature. My redecessor, 1.TenEyck upon this floor, an his friends, su )posed that they could elect him by adopting the plu rality rule, because 9 gentlemen belonging to the Democratic party refused to go into cau cus and vote for me. It was impossible for
Mr. Dickinson had 19 votes, Mr. Clark 16, and Mr. Da“yton 14; and then the record proceeds to say: Wherehy it appearsthere were not a majority of the meeting for either of the personsin nomination. "On motion “Resolved That the meetingwill proceed to vote for the 2 highest in number of votes." Do I not hear Senators say, “ That is a gag law?” Here the joint meeting said to those gentlemen who had voted for
Mr. CLARK. Will the Senator permit me to interrupt him? I do not understand that anybody on this side has contended that a majority of all the members elected is required, whether they are present or not. We contend for the common law and the parliamentary law, (tlhnt a majority of those present is relure.
Mr. STOCKTON. [did not understand the gentleman, nor did I understand any gentleman on that side of the House, to take that position; but I alluded to the fact that both in my case and in the case of the Senator elected in NewJersey in 1851, the 1st rule adepted was a rule requirin ra majority of all the members elected, and desired to show that if a majority of a quorum was sufficient, and it was also admitted that that 1st rule could be adopted, then it had to be admitted that the latter rule could be adopted, for one is as much a violation of the principle laid down as the other. But, Mr. President I have occupied the time of the Senate much longer than I intended. I rose simply to call the attention of the distinguished Senfrom Maine to the view to which he held in Harlans case, and which I must say led me to believe that the weight of his great name and talents would be given in favor of the legality of this election. fsup pose I must have misapprehended either the view he takes now or the one he took in Har lans case; but it does seem to me that if that gentleman will read this argument carefully again he will see that the 2 positions are inconsistent.
Mr. CLARK. I want to inquire of the Senfrom NewJersey, before he sits down, whether he has cited all those passages from the constitution of NewJersey which refer to the Legislature in joint convention, or which declare the joint meeting to be the Legislature. I understood him to say that the constitution declared the joint meeting to be the Legislature.
Mr. CLARK. Will he be kind enough to refer me to that assa e?
Mr. STOCKTON. The constitution of NewJersey speaks of “the Legislature in joint mee.
Mr. CLARK. Exactly; but I want to know of him if that is the only passage.
Mr. STOCKTON. there are 2, but Iwill refer the gentleman also to the Constitutional Co“nvention Record, page 150:
Mr. Ewin moved to amend the amendmentby striking out legislatiueand insertin joint meet i." "Mr.Horn lowermoved to amend by inserting before joint meetinl the words Legislature in. "
Mr. CLARK. I understood that when the Senator referred to it before. 1 simplyinquire if there are another passages than those which he has read which declare that the joint meet in is the Legislature?
Mr. JOHNSON. Please read from the journal of the constitutional convention. 6gb. STOCKTON. This is the journal, page 1: "Mr. moved to amend the amendment by strikipg out Legislature and inserting joint meet IDE This was on the consideration of the clauses to which I referred the Senate in our constitution. I cite this to show that these distinguished men used these very words for the purpose of avoiding the difficulty which is now may ehere.
Mr. JOHNSON. The Senator will permit me to ask how the constitution itself reads.
Mr. STOCKTON. I will turn to it. Article 4,section 5, clause one: "No memberof the Senate or General Assembly shall, during the time for whichho was elected, be Lneogmisinlaattuerdeoirn JaopnpitoimnteeedtbinygtthoeaGnoveeiirniloor, ffiocrebuyndtheer the authority of this State, which shall have been createdor the emoluments whereof shall have been increasedduring such time." Thiswas the clause under consideration when the amendment was moved.
Mr. JOHNSON. Is that the only clause on that point?
Mr. STOCKTON. No, sir; there is another one; clause 12 ofarticle 5: “When a vacancy happensduring the recessof the Legislature in any ofice which is to befilled by the Governor and Senate or by the Legislature in joint meeting, the Governor shal fill such vacancy." The constitution does not expressly declare in so many words that the Legislature when in joint meeting is the Legislature; but it speaks of it in these clauses as “the Legislature in joint meeting.” Now, I refer to the journal of the constitutional convention to show that the clause as 1st reported was “ Legislature, " t“hat then “ Legislature” was stricken out and oint meeting” inserted, and then on motion of one of our ablest jurists the 2 were oined together; the clause was made to real. as it now stands, “by the Legislature in joint meeting. " That amendment was made to the clause in which the power to electotficers is regulated by the constitution.
Mr. HENDERSON. I should like the Senator to state precisely the question before the convention if he can, from the proceedings which he has read. At the time this amendment was offered and voted upon, what was the clause of the constitution then pending?
Mr. STOCKTON. It was one of the 2 clauses which I have just read.
Mr. HENDERSON. Does not. the proceeding itself show the clause in precise words that was then pending? Please read it from the proceedings.
Mr. STOCKTON. The roccedings do not show with a great deal of etail, because this is the report of a committee to the constitutional convention and not engaged in making various amendments. I will hand the book to the Senator and he can examine it for himself. It would require too much time for me to trace the history of it now.
Mr. CLARK. I wish to inquire of the Senfrom NewJersey whether the constitution of NewJersey provides for a joint meeting of the Legislature for anything but the election of officers?
Mr. STOCKTON. I do not know that it does. I am not aware that it does.
Mr. BUCKALEW. The Senator will remember that in Pennsylvania there was but a single legislative body at that time; there was no Senate.
Mr. JOHNSON. I was aware of that, and that was the referred mode, I think, by Dr. Franklin; an, to repeat, there were very serious doubts whether that was not the best mode. That being the case, it depends upon the people of NewJersey, and upon no over people, to prescribe what shall be the powers 0ft e Legislatures of NewJersey. It depends upon them to say how the Legislature is to be a pointed; how they are to act when apointed; what they are to do when they act under their appointment. In other words, the whole powers of that Dept of the government are made to depend exclusively upon the people of the State as the will of the people of the State may be expressed in its State constitution. Then, I suppose it would be clear neither the honorable memberfrom NewHampshire nor the honorable member from Maine would doubt that proposition that if the legislature of NewJerse at the criod when this election was held adeonsisted of one body by the constitution of the State, that body could have declared whether a plurality or a majoritly should he required in the election.
Mr. FESSENDEN. Undoubtedly, if it was the Legislature.
Mr. JOHNSON. There could be no doubt about that. I took it for granted that the honorable member would admit that, because he has admitted that, although it is constituted of 2 bodies, it is in the power of the 2 bodies by law to provide that a U.S. Senator may be elected by less than a majority. Now, what have they done? They have divided the legislative Dept of the government into 2 bodies, a Senate and a House; but they have done something else. They have provided that the Senate and the House in the election of officers shall meet in joint convention, and when assembled in joint convention, are to be considered as the Legislature. Now let me stop there; that is the only difficulty, provided the honorable members objection rests upon that; because in so many words it says that the Legislature in joint convention assembled shall be considered the Legislature; that is, the men in joint convention shall be, within the meaning of the constitution of the State of NewJersey, for the purposes
Mr. CLARK. If the Senator will allow me, Iunderstand it to be this: that the appointments are to be made by the Legislature in joint convention.
Mr. JOHNSON. Certainly. Then it is a Legislature in joint convention.
Mr. JOHNSON. So I anderstand. How far does it go? It goes to the election of officers. The honorable member seems to suppose because it provides onlyfor the election of State officers that it has no application to the case immediately before us; but that, as I think, is a great misapprehension. In its application to State officers, its effect is and I suppose the honorable member will admit it to clothe the body so assembled with the power to do in that collective body what they could severally do in their separate bodies by a concurrent vote.
Mr. CLARK. It may have always been done wron.
Mr. JOHNSON. If we mean to commence at the beginning of the world and reform it, that is quite another matter; but I suppose what has been done since the constitution was adopted up to the time when this election was heldJis pretty persuasive evidence of what the people of NewJerse intended by the constitution, and that is al we want to ascertain. If meeting in fiiint convention for the election of their State officers, there being no law to prevent it and no constitutional provision to prevent it, they could provide that they might be elected by a plurality vote, why is it that when the come into joint convention legally they sha 1 not have the same powers? The next question is, were they broughttogether in joint convention legally I. that depends, 1st, upon the inquiry, is there any law which brings them together and 2ndly upon the other inquiry, had the legislature the authority to pass such a law? There is a law, and what is it: "Senators of the U.S. on the part of this State shall be apminted by the Senate and General Assemblyof this State in joint meetingassembled, " It is not necessary to read the whole law.
Mr. FESSENDEN. I should like to ask the Senator a question right there. Would not the LegiSlature of NewJersey have the power by a JtResolution on concurrent act to elect a Senator, and where a Senator was elected in pursuance of that JtResolution, would he not have been legally elected, notwithstanding that law of the State?
Mr. JOHNSON. I do not know that. I am not prepared to say cs or no to that question. That is not the point before the Senatejust now.
Mr. FESSENDEN. Why then does the Senator cite that law?
Mr. JOHNSON. For the purpose of showing that they were brought properly into convention; that is all. The use I shall make of it my friend will find by and by, if he will only stop his inquiries until I can get to that point.
Mr. FESSENDEN. I did not know that the Senator objected to inquiries, and of course I shall make no more.
Mr. FESSENDEN. suppose the Senator does not mean to misrepresent me.
Mr. FESSENDEN and yet the Senator has informed us that he does not desire to be interru ted.
Mr. JOHNSON. Thatde endsnpon whether I am able to answer it.
Mr. FESSENDEN. asiitgahtetednjtt1 at those precedents that were relied upon had nothing to do with this case, because the rules relic upon as precedents were according to the common law and arliamentary law.
Mr. FESSENBEN. Will the Senator allow me to ask him aquestion right there?
Mr. FESSENDEN. Suppose after the adoption of that rule, there was a quorum present, that is, a majority of the whole convention present, and a vote had been taken and a certain person had received a majority of all the votes cast, the votes cast amounting tomore than a uoriim?
Mr. JOHNSON. He wouldynot have been elected under this rule. Mr. FESSENDEN. I ask you, would he not have been elected?
Mr. FESSENDEN. But suppose he had presented himself here with that state of facts?
Mr. JOHNSON. No, I should say not, anquestionabl.
Mr. FESSEyNDEN. There is no question he would have been legally elected.
Mr. JOHNSON. fiat depends on the legislature. My honorable friend seems to be rather usurping the function of the Legislature. The Legislature say he shall not be elected unless heilias a majority of all the votes of all the members, and the case supposed by the honor able member is the case of a man resenting himselfhere and claiming to be elected although he has not received a majority of all the votes of all the members.
Mr. FESSENDEN. I am speaking of the Legislature; but I am supposing that after the convention had adopted the rule the Senator has read, a person had received a majority of the votes of those present, being more than a quorum, the Legislature having passed no rule on the subject.
Mr. CONNESS. Will the Senator permit me an instant?
Mr. CONNESS. Idid not meantosay anything on this subject and desire to vote; but on the question discussed by the Senator just at this time, what is meant by the term “ manner, " I have understood it to be elucidated by the different Legislatures who have provided different manners or modes of election. Some elect by the bodies voting separately, others provide that the election must e by jornt convention, and as I understand the word “manner” it means that the Legislature is not to be confined to either mode of election by the separate Houses or the mode of joint convention; and thus the eXperience under that provision is that some States provide for the election according to one mode and some accordingto the other. I understand the word “ manner” as going to that and no further. I will listen, of course, to what the Senator says.
Mr. JOHNSON. The honorable member is right in saying it goes to that extent; but it does not sto there, as I think the honorable member will see in a moment. They get together in joint meeting. Now, he says that the term “manner, ” as it is used in the constitution, was intended to give to the Legislature merely the authority to decide whether the election should be made by the concurrent vote of the 2 branches, where there are 2 branches, or by a joint vote. There, he says, perhaps it is to stop. Can that be true? [was about to illustrate what I think will satisfy the honorable member that he is wrong in supposing that the authority conveyed to the Legislature of regulating the manner of the election 7 terminates there. They et into joint meeting; cannot they est lisIi rules of iroceeding? Who doubts tha? Can anybody doubt that unless they are inconsistent with some positive statute. Can they not establish rules of proceeding, and if they can where is the limit? Can they not prescribe that the election shall be viva voccor by ballot? Can they not prescribe that no ballot for any man shall be counted unless he is antecedently nomi nlptelil? Who can doubt that? Nobody, as I t in.
Mr. FESSENDEN. Suppose they say that no man shall be elected by a majority unless he has been antecedently nominated; avoteis taken, 2/3rds of the votes are thrown for a person not nominated; is he not elected?
Mr. JOHNSON. No; unquestionably not, unless you mean to take upon yourself the whole administration of this power conferred on the State exclusively. I would ask the honorable member if Congress, by legislation, cannot provide that no man should be elected unless he was 1st nominated. I suppose he will not deny that; and if he will not deny that, what is the difference between the cases? The honorable member says there is a difference between the two; a difference in what?
Mr. FESSENDEN. We cannot tell the legislature whom they shall elect.
Mr. JOHNSON. 1 es we can. Why cannot Congress by law prescribe that the mode of electing Senators should be by nomination before ballotin? It is done by almost every deliberative ody in the world. Congress is clothed, as it is, with regulating the manner; why cannot they regulate that manner as well as any other manner? The honorable member apears to suppose that whoever gets numer ically a majont, is necessarily chosen. That is for the legislaure to decide; nobody else; and if the Legislature by law establish a different regulation, that regulation is binding upon this body unless it be true that we have a right to do that which is secured only to Congress, to interfere with the manner of electing senators.
Mr. FESSENDEN. The Senator will let me ask him another question. Would a rule that the chairman, being a member of the Legislature, should have no vote be binding?
Mr. JOHNSON. Certainly, if Congress could make the same rule.
Mr. FESSENDEN. Congress could not make the same rule.
Mr. FESSENDEN. Because they cannot do rive any member of the Legislature of the righthe has to vote.
Mr. JOHNSON. If that be so, the question of the honorable member does not applyto such regulations as Congress could make. Now, does the honorable member mean to say seriously I beg pardon, for I know he always speaks serious y that congress could not by regulation prescribe everyting that has been done by regulation in NewJersey? Could not the say that a plurality should be sufficient under certain circumstances? Certainly. If they could then, in the absence of regulation on the part of Congress, in whom is the power to regulate vested?
Mr. FESSENDEN. In the Legislature. Mf. JOHNSON. “The Legislature.” Now, what is the Legislature? Both branches. Both branches have not regulated as to this point; but they have related so far as to say that the Senators of that State are to be elected in joint meeting. Could not the have said that a plurality vote should be ancient? and if they thought properonly to interfere with ref erence to the time and the place, saying nothing about the manner, the inference, in my judgment, is irresistible that they intended to leave to the body in joint meeting the whole authority of regulating the manner of holding the election; and that, as the Senate have seen, was the view taken by NewJersey in relation to all the elections held in joint meeting. The question, Mr. President, is a purely legal one in relation to which I am sure no party feeling will operate, for eve Senator is too honorable a man to let considerations of that description interfere; but it is a question involving as, I think, a very serious principle, one which touches us all, not the Senfrom NewJersey alone; it is a matter oflittle or no moment tohim whether he remains a member of this body or not; he has a home in NewJersey where he is honored and beloved. The principle is an important one. I consider this as avery serious interference, and if my friends who take a different view will permit me to say so, a very unconstitutional attempt to interfere with the rights of the States. It may come home to them or to those who may succeed them in the future. The Constitution of the U.S. leaves it to the Legislature, and the Legislature is to decide for itself in what manner the election is to be held. I have, Mr. President, I believe, presented to the Senate all the observations that it is necessary to submit, and more than I intended, because of the interruptions to which I have been subjected.
Mr. SUMNER. If the Senator will give way, I will move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session the doors were reopened, and the Senate adjourned.
###HOUSE OF REPRESENTATIVES. Tnuasnu, March 22, 1866. The House met at 12 oclock in. Prayer by the Chaplain, Rev. C. B. BoYxroN. The Journal of yesterday was read. CORRECTION OF THE JOURNAL.
Mr. SMITH. I desire to have the Journal corrected. It states that my resolution in ref erence to national cemeteries was referred to the ComAppropriat. It was referred to the ComMilAffrs.
The SPEAKER. The correction will be made.
Skip Skip LEAVE OF ABSENCE. Mr. LOAN. I ask leave of absence for my colleague, Mr. BLOW, for 3 weeks. Leave was ranted. Mr. BERG N. I ask leave of absence for my colleagues, Messrs. Tuna and Goonrm, for one week. Leave was granted. UNION PACIFIC RAILROAD4
Mr. KASSON, by unanimous consent, presented a memorial of the General Assembly of Iowa for Government aid to the extension in Iowa of the Iowa branch of the Union Pacific railroad; which was referred to the ComPacificRR, and ordered to be printed. PORT OF DELIVERY AT COUNCIL BLUFFS.
Mr. KASSON, by unanimous consent, introduced a bill to establish a port of delivery at Council Bluffs;
Skip skip which was read a 1st and 2nd time, and referred to the ComCommerce. Mr. KASSON mtRtv the bill was referred; on the table. Agreed to.
Skip Skip MESSAGE FROM THE SENATE. A message from the Senate, by Mr. Fonxnr its Secretary, announced that the Senate ha passed a bill (S.No.192) entitled “An act or the relief of Goldsmith Brothers, of the cities of SanFrancise o, California and Port land, Oregon, brokers;” in which the concurrence of the House was requested. WINNEBAGO INDIANS.
Mr. WINDOM, by unanimous consent introduced a bill for the benefit of certain inr breeds and mixed bloods of the Winnebago tribe of Indians; which was read a and 2nd time, and referred to the ComIndAffairs. CALIFORNIA LAND GRANT.
Mr. JULIAN, by unanimous consent, from the ComPubLands, reported back House bill No. 877 to confirm the selection and location of lands granted to the State of California by the U.S.; which was or dered to be printed, and recommitted to the same committee.
Mr. ELDllIDGE. Mr. Speaker, we cannot hear anything that is going on in the House. If an the business is to be done on the other side of the House let us know it. Gentlemen seem to be addressing each other over there and not the S caker.
The SPEAKER. The Chair does not understand the gentleman. Business is not confined to any side of the House. The 1st 2 Gentlemen recognized by the Chair were gentlemen on the gentlemans own side.
Mr. ELDRIDGE. I find no fault with the Speaker. but we can hear nothing that is going on on the other side on account of the confusion in the House.
The SPEAKER. The gentleman has the right to make the point of order. LAKE SUPERIOR SHIPEANAL.
Mr. BEAMAN. I ask unanimous consent to introduce a bill granting certain lands to the State of Michigan to aidin the construction of a shipeanal to connect the waters of Lake Superior with the lake known as Lac LaBelle, for reference to the ComPubLands.
Mr. DENISON. I object. MRS. CHARLOTTE E. READ.
Mr. DELANO, by unanimous consent, introduced a bill for the relief of Mrs. Charlotte E. Read; which was read a 1st and 2nd time, and referred to the ComClaims.
Skip Skip MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. Former, its Secretary, notifying the House that that body had passed bills and aJtResolution of the following titles, in which he was directed to ask the concurrence of the House: An act (S.No.68) to carry into effect the 4th article of the treaty of Washington concluded between GreatBritain and the U.S. on the 9th of August, 1842; An act (S.No.57) for the relief of the heirs of Lieutenant Joshua D. Todd, late of the U.S. Navy, deceased; An act (S.No.200) for the relief of Jane Harris; An act (S.No.145) for a grant of lands to the State of Kansas to aid in the construction of She Northern Kansas railroad and telegraph; an A JtResolution (S.R.No. 14) authorizing Commodore William Radford to accept a dec oration from the King of Italy. AGRICULTURAL COLLEGES. The House resumed, as the unfinished business of the morning hour yesterday, the consideration of House bill No. 60, to amend the 5th section of an act entitled “An act donating public lands to the several States and territories which may provide colleges for the benefit of agriculture and the mechanic arts, ” approved July 2, 1862, so as to extend the time within which the provisions of said act shall be accepted and such colleges established, reported back from the ComAg with a substitute.
Mr. ASHLEY, of Ohio. reads as follows: Sec. 1. Be it enacted, 13., That there be granted to the several States and Territories. for the purposes hereinaftermentioned, an amount of. public lands, to be apportioned as follows: to each tats s. quan tity equal to 30,000 acres for each Senator and Representative in Congressto which the States are respectivelyentitled by n. portionment under the census of 1860, and to each of the organized Territo ries 90,000 acres.to be selected within their respective limits: Provided. That no mineral lands shall be selectedor purchased under the provisions of this act. Does the committee want the House to understand that this is an additional grant of 30,000 acres for every Senator and Representative.
Mr. ASHLEY, of Ohio. Unless there is some proviso such will be the construction.
Mr. TROWBRIDGE. No, sir. This bill simpl proposes to amend the original bill in regar to the length of time the State may have to accept its provisions. But it leaves the language of the original bill in regard to the amount of land donated the same as it was in the original bill of 1862.
Mr. GRINNELL. There seems to be a misapprehension in regard to this bill. I wish to go over 2 or 3 amendments, with the conAnd The 1st section sent of the chairman of the committee. I also wish to make a statement. This bill owes its existence to the fact that some of the States have not accepted the provision of the grant of lands for agricultural colleges, and the committee simply wish to provide that such States as have not done so s iall have an extension of time. A portion of the committee wished also to exten it to the Territories, but I understand this was not the rert of the committee. Certainly I, for one, did not accept of that provision. We are all interested in carryin out the good faith of congress in regard to new grants of lands. My ownState has entered its portion of lands and has appropriated $100,000 for an agricultural college, one of the most promising institutions in the country, having the sympathy and support of the entire agricultural interest of our to.
Mr. HUBBARD, of Iowa. I desire to ask whether it is the intention of the committee to extend these grants to the Territories.
Mr. BIDWELL. It was the intention of the committee to extend it to the Territories, and I will state the reason why it was so done. The orinal bill reads, “An act donating public lands to the several States and Territories which may provide colleges for the benefitof agriculture and the mechanic arts.” It v seems to have been the intention of Congress when the original bill was passed to extend it to the Territories. But in executing the law the Land Oifice, I understand, did not extend the benefit of that act to the Territories, and one of the reasons why the committee considered it preperthat the Territories might have the benefit of the law was, that many of our new Territories have but a small amount of agricultural land, and unless they select early there will be no lands to select from at all. It was believed that nothing would be more important or add more to the prosperity of the new Territories than to give them lands to establish agricultural colle es.
Mr. GRINNELL. with the permission of the Gentfrom California, [Mr. BIDWELL] I Will say that the States have taken great interest in this matter of agricultural colle es. The ComAg, as I under staud, intended to extend the provisions of the act to States thathave not accepted them under the law and a portion of the committee the chairman, at a l events were in favor of extendin them to the Territories. I did not concur in that. I did not believe it was worth while to commit to 2 or 3000 people who may be now in the Territories the care and custody of 90,000 acres of land, to be held for all purposes whatsoever, or to be controlled by them perhaps for 20 years until the organization of the State. Now, air, with a view of carrying out the orinal law, I propose amendments which sha 1 limit the extension to those States that have not availed themselves of the privileges of the act, and to cut off the Territories until the shall become States of the Union. I onderstand that to be the desire of the majority of the committee. I may be mistaken. But I will state here, if the chairman of the committee has no objection, that I am willing that this bill, with the consent of the House, shall be referred to the ComPubLands, with the privilege of reporting it at any time. If that meets the approval of the chair man, I will make no further remarks. Otherwise I insist on offering my amendments.
Mr. ROSS. I object to allowing the committee to report at an time. Leave that out.
Mr. MORRILL. lVill the gentleman yield to allow me to offer an amendment?
Mr. GRINNELL. I have the floor with the permission of the Gentfrom California.
Mr. BIDWELL. I will yield to the Gentfrom Vermont.
Mr. MORRILL. I desire to offer a substitute for the bill which I think will accomplish all the chairman of the committee seeks, and relieve it from any objection.,
The SPEAKER. This will come in as an amendment to the pending substitute.
Mr. MORRILL. I will state that the substitute limits the grants to those States which have come into the Union since the passage of the previous act, and extends the time for acceptance by the several legislatures for the term of 3 years. I think that that is all the legislation that we now require, and that any other legislation as to the Territories or the disloyal States is premature.
The Clerk read the amendment, as follows: That annot entitled "An not donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanicarts, ” approvedJuly 2, 1862.besoamended as to allowStates which have beenadmitted into the Union since the date of said not the amount of public lands to which they would have been entitled in accordancewith the provisions of said set applicableto other loyal states; and that the time for the acceptanceof the benefitsof said actsby the Legislaturesof the severalStates shall beextendedfor the term of 3 years from the passageof this not and the time for providing at least one college shall be extendedfor the additional term of 5 years.
Mr. BIDWELL. I will state that we only extend the time of acceptance.
Mr. HALE. I think the proposition of the Gentfrom Vermont does extend the time. The original bill provides that any State which may claim the benefits of the provisions of this act shall provide within 5 years, at least, one college.
Mr. DELANO. I think that is an extension of the rant.
Mr. ALE. It is an extension of 3 years for acc tance.
Mr. DELA 0. Does it only apply to the acceptance of the grant?
Mr. KASSON. Will the Gentfrom California allow me to ask a little information in respect to the disposition to be made of the lands thus appropriated? Let me say, in connection with this, that the great curse and cause of ruin, I might almost say, to some of the western States is the enormous appropriation of public lands for certain purposes without nny condition to put those lands on public sale so that settlers may use them for the purposes which God Almighty intended them for, namely, the creation of food for man. Now, in respect to railroad grants and lands reserved for agricultural purposes, [have intended to insist upon every bi lthat there shall be some provision for exposing them to sale just as fast as settlers may require them. Many of the counties in my State are half depopulated because Congress has tied up the lands by uts to railroads and other coro rations who refuse to sell them and inten to hold them indefinitely for the future. I am lad to see the chairman of the comPubLands giving his attention to this point. Now, I ask the c airman of the ComAg to as whether, in the 3rd section of this bill, which allows 7 years for the acceptance by the States and Territories of the benefit of this act, there is anything to prevent the U.S., in the mean time, from exposing these lands for settlement under the homestead system, or to purchase by actual settlers., Mr. BIDWELL. None whatever.
Mr. KASSON. Is there anything in the bill that will tie up these lands and withhold them from sale?
Mr. BIDWELL. I believe the lands have been selected and located. It is evident that the objection to man arts of this bill and to the substitute offered by the Gentfrom Vermont does not cover the ground at all, as it on] applies to States that have been admitted into the Union since the passage of the original act. It does not provide an extension of time for those States which have but recently accepted the donation, and consequently have had no time whatever in which to provide these colleges. I think, therefore, that under the circumstances I had better move to recommit the bill to the ComAg.
Mr. JULIAN. I submit to my friendfrom California, [Mr. BIDWELL] and to the House, the propriety of referring the bill and amendments to the ComPubLands, whose duty it is carefully to scrutinize the provisions of measures before them in every respect. That committee will deal fairly with the hill, and endeavor to report upon it at an early day.
Mr. BIDWELL. I have no doubt in the world that the ComPubLands will deal fairly and act prom tly upon this matter. But inasmuch as this bill was referred to the ComAg, I do not like to give up the job after it has been completed to some extent. I desire to see if we cannot clear away the objections which have been presented to this bill, and bring it in in an acceptable form. My only desire is to have a proper and eflicient bill to carry out the object congress had in view when it passed the original law.
Mr. BIDWELL. I desire to say to the Gentfrom Iowa. [Mr. HUBBARD] that the objections he has urged do not apply to this bill. In the 1st place, the substitute proposed does not rant any land at all. I have no objection, in the 2nd place, to havinga proviso inserted requiring the lands to be disposed of and even settled upon if necessary; I am willing to have that done. But nearly all the States for whose benefit the law was enacted have received their lands, and this bill is only for the purpose of extending the time to allow new States to take this grant.
Mr. MORRILL. I hope this bill will not be recommitted to the ComAg or referred to any committee. The main purpose of the bill is certainly a.good one. this merely to allow the new States of Colorado and WestVirginia and Nevada the same benefits that other States have enjoyed. Of course the gentlemen from California, [Mr. BiniVriLL] as I understand, does not now adhere to the provisionof the billgivinglandstoTerritories. nd having abandoned that portion of the bill, the only other objection is that in regard to extending the time and to give lands to new States which have been admitted into the Union since the bill was passed.
Mr. KASSON. I ask the Gentfrom Vermont [Mr. MosaiLL] why there should not be, in connection with this extension of time to all the States, a proviso requiring them within a limited time to at on sale the lands that have been selected. f they ask now an extension of time, why not make it a condition that the lands shall, within a specified period, be put to the use for which they were intended?
Mr. MORRILL. Vhen the original bill was under consideration it underwent avery searching scrutiny, and after a long and patient examination in both Houses, it received such a shape as obtained for the measure the votes of, I believe, more than 2/3rds of the members of both bodies. I think it would not be wise or proper to open an of the questions which were then settled. believe that we should grant to these new States precisely the same terms as we anted to all the other States.
Mr. KASSON. The answer to that, Mr. Speaker, is that the main object to be accomplished by the bill was what members voted for; and that was the establishment of agricultural collsgol. No one believed that the effect of the measure would be to do O ulate, or rather to prevent the population 0, the new States in which the lands are situated. I know that my friendfrom the Pacific slope, the chairman of the ComAg, Mr. BIDWELL] sympathizes entirely with me in the desire that every bill making a grant of public lands should contain such a provision as will insure the settlement and cultivation of those lands, and prevent their being held for speculative purposes. My object in these remarks is to call the attention of the ComAg, the ComPubLands, and the House generally, to the importance of such a provision in connection with every bill which Wlll enable us to reach that question.
Mr. BIDWELL. I ield for afew momentsto the gentlemen from ashington, [Mr.DEsNYJ
Mr. DENNY. As the interests of the territories are involved in this question, I desire to state that several of the Territories have already taken steps to accept this land grant, with the understanding that the original bill extended the grant to the Territories. I desire to say that if it is proper to make a donation to promote educational interest, certainl the time when that donation is most neede and is calculated to be of the greatest possible benefitis the propertime to bestow it. Therefore this grant should extend to Territories as well as States. I desire to say further that I concur in the idea advanced by the Gentfrom Iowa that if the Territories are included at all, and I trust they will be, they should certainly have the privilege of disposiii of the lands; and so far as I am concerned, I do not wish my territory included in this grant unless it be done in such a wa that the land there shall not be tied up and ebarred from settlement. I trust that gentlemen of this House who are interesting themselves in this question will endeavor to deal justly and liberally with the Territories.
Mr. Bil)WELL. I yield for a few moments to the gentlemen from Dakota, [Mr. BURLEIGH]
Mr. BURLEIGH. Mr. Speaker, I should like to know on what principle of equity the gentlemun from Iowa liMr. UBBARD would have these lands withhed from the Territories while they are granted to the States. The people of our Territories certainly need somet iing of this kind as much as the States. It appears to me that Congress is in duty bound to regard theinterests and wants of the Territories as much as those of the States. The people of the Territories have gone there from almost every State in the Union, whose feelings they to a great extent represent. The people of the Territories are poor; they have not the means of establishing schools and colleges without the aid of the Government. It is very true that our population is sparse; the Terri tories are not thickly settled, but I think the allusion to that fact would have come more gracefully from any other gentleman than the Gentfrom Iowa, [Mr. HUBBARD] whose istriet, I believe, spreads over 37 counties.
Mr. BIDWELL. I must decline to yield any longer, as I desire to have a vote on the motion to recommit this morning. I demand the previous question.
Mr. ASHLEY, of Ohio. I ask the gentleman to let the instructions be offered, so that we may have a vote on them.
Mr. HUBBARD, of Iowa. I move, then, to add as an amendment to the motion to recommit the following instructions: Resolved, That the land hereby granted shall be subjectto reemption, and the prehmption laws of the U.S and the moneyrealized from such sales shall be paid over to the States that may be entitled to the lands: Provided, The lands hereby granted to the Territories shall not be incumbered or disposedof until said Territories are admitted as Statesof the Union.
Mr. BIDWELL. I renew the demand for the previous question.
Mr. MCRRILL. I hope the instructions will be voted down.
Skip Skip The previous question was 2nded, and the umain question ordered.
Mr. WRIGHT. I think the wonl “respectively” has been omitted after “States."
Mr. HUBBARD, of Iowa. Let it be inserted.
Skip Skip Mr. WILSON, of Iowa, demanded the veas&nays. The yeas&nays were not ordered. The amendment was disagreed to. Mr.MORRILL. If the motion to recommit be voted down, then the next question in order will be on the substitute I have offered. The SPEAKER. the previous question does exhaust itself till the 3rd reading of the l Mr. JULIAN. Is an amendment in order? The SPEAKER. It is not, as the previous question has been 2nded.
Mr. JULIAN. I desired to move to refer to the ComPubLands. The bill and pending amendments were then recommitted to the ComAg. NATIONAL ACADEMY OF science.
The SPEAKER laid before the House a communication from Joseph Henr, Esq. the VEEP of the National Aca emyof science, transmitting its report for the year 1866.
Mr. KASSON. If that report relates to coinage, weights, and measures, then it ought to be referred to the committee on that subject. I make that motion, and if it does not, we can report it back again.
Mr. WILSON, of Iowa, moved that it be referred to the ComLibrary.
Mr. WASHBURNE, of Illinois, moved that it be laid upon the table, and ordered to be printed. Agreed to.
Skip Skip LEAVE OF ABSENCE. On motion of Mr. MORRILL, leave of ab sence was granted to Mr. Woonsnines for a week from tomorrow. CLERK to COMCOMMERCE.
Mr. WASHBURNE, of Illinois. I am directed by the ComCommerce to submit the followmg report: The ComCommerce, in obedienceto the resolution of the House on that subject, and ado iting substantially thereport of the comniitteeon il itary Adairs on this subject. respectfully report: That, " in the judgment of the conimittee. a clerk is necessaryfor the transaction of its business" " that as to the time theirclerk is occupiedin theneccssary and legitimate business of the committee, "itciinuot bedistinctly stated, varying asitdoes With theyrcss ure of business. As to "whatportion of the time of the clerk is occu ied in attending to the private businessof the membersof the committee.”the committee will state that they deem that a matter of amity between gentlemen, nffecting only the personal relations of the clerk and themselves and which, if not in any way interferin with the proper discharge of his public duties. ought not, the committeemost reraecstpioenc, tfullysubmit, bemadeaquestionfor legislative nor even a subJect for impertinent inquiry. I move that it be laid upon the table, and ordered to be printed.
Mr. WENTWORTH. Mr. Speaker l rise to aquestion of privilege. I deny the right of any c airman, I consider it disre ectful to the House, after we have passed a so emn resolution, for any committee to turn on u sand sa we have made an impertinent inquiry. had been here whenprevious reports of a like character were submitted Iwoul have objected to them as disrespectful to the House. We have the right to inquire of our committees on any subject we please, and they have no right to say to the HoRep we have made an impertinent inquiry. I move that the report be not received. Mr. JENCKES. Move that it be recommitted.
Mr. WENTWORTH. I wish also to contrast that report with one submitted a few days ago by the ommittee of Ways&Means. I want to see the difference between them. I now move that the report be not received.
Mr. JENCKES. move that it be recommitted to the ComCommerce.
The SPEAKER. It has not yet been received.
Mr. WASHBURNE, of Illinois. This report follows the language of the report of the ComMilAffrs, which was adopted unanimously.
Mr. WENTWORTH. I was outside when that was before the House or I would have objected to it. I object to any report that is impertinent.
Mr. WASHBURNE, of Illinois. I with draw the report.
Mr. WENTWORTH. I move that it be recommitted to the committee.
Mr. WASHBURNE, of Illinois. It is not before the House.
The SPEAKER. The Gentfrom Illinois [Mr. Wasnauuus] withdraws the report. He has a right to do so. The report wi be returned to the committee.
Mr. SPALDING. Will the gentleman with hold his withdrawal for half a minute? I have a remark to make.
Mr. WASHBURNE, of Illinois. For what purpose?.
Mr. SPALDING. I suppose members of the House have some rights.
Mr. WASHBURNE, of Illinois. I have no objection.
Mr. SPALDING. When the ComMilAffrs made their report through their chairman, [Mr. Senuse x] took exception to that report, as the House will hear me witness. But the chairman of the committee said that he meant no disres ect to the House; and with that explanation the report was accepted.
Mr. WASHBURNE, of Illinois and I stated at the time that I should adopt the report of the ComMilAffrs; but my colleague [Mr. Wsxrwowru] objects, and I withdraw it. NORTHERN KANSAS RAILROAD and TELEGRAPH. A message was received from the Senate, by Mr. Former, its Secretary, informing the Hvouse that the Senate had today adopted the following resolution: Resolved, That the Secretary bedirectedto request the HoRepto return to the Senate bill No. 145, for a grant of lands to the State of Kan pass to aid in the constructionof the Northern Kansas railroad and telegraph.which passed the Senate, and was sent to the House for concurrence.
The SPEAKER. According to the usage, the bill will be returned. MARINE HOSPITALS.
Mr. WASHBURNE, of Illinois. I move that the House proceed to consider the business on the Speakers table. The motion was agreed to.
The SPEAKER. The 1st business is House bill No. 184, to authorize the sale of marine hospitals and of revenue cutters, returned from the Senate with amendments.
Mr. WASHBURNE, of Illinois. I move that the House non-concur with the amendments of the Senate. We undertook to sell a parcel of marine hospitals and get rid of the expense, and the Senate have undertaken to interfere with our purpose. The amendments of the Senate were read.
Mr. WASHBURNE, of Illinois. I desire to say a word. The House passed a bill authorizing the sale of certain marine hospitals throughout this country where they are not wanted and where the are a large expense to the Government. It any of these hospitals are in the southern States. There is one at Natchez, one at Napoleon, Arkansas, 2 in NCarolina, and one at Charleston, SCarolina, I think. There are many hospitals in the States that have not been in rebellion. The House sed a bill authorizing the sale or lease of this hospitals. The Senate have amended the bill by striking out that portion of it which would cover all the hospitals that can be sold properl and putting in a few. To show how little the caste knew about the matter, the have directed that the marine hospital at St{unis shall be sold when we have no marine hospital there. We put a provision in our bill that those hospitals which ought not to be sold should not be sold. I hope the House will be satisfied with this exlananon, and that we shall adhere to the bil substantial] as it passed the House.
Mr. FARNSWORT. I think the hospital at Chicago has been authorized to be sold before.
Mr. WENTWORTH. I will explain that the hospital at Chicago was sold, and the money realized was appropriated to build another hos pital. Iam perfectly willing that the matter shall be referred to the ComCommerce, of which my colleague [Mr. Wasnsuarvs] is chairman.
Mr. WASHBURNE, of Illinois. There is no necessity of committing it to the ComCommerce. They would report precisely what I now propose. I move the previous question on my motion.
Skip Skip The previous question was 2nded, and the main question ordered. The amendments of the Senate were not concurred in., Mr. WASHBURNE, of Illinois, mtRtv the House nonconcurred in the amendments of the Senate; upon the table. Agreed to. NAVAL APHOPRIATION BILL.
The clerk read The next business upon the Speakers table was bill of the House 0. 122, making appropriations for the naval service for the year ending June 30, 1867, returned from the Senate with sundry amendments; which was referred to the ComAppropriat. QUARANTINE AT NEWYORK. The next business upon the Speakers table was JtResolution cipthe House No. 57, authorizing the Secretaries of War and the Navyto place hulks and vessels at the disposal of commissioners ofquarantine or other properauthor ities at ports of the U.S., returned from the Senate with an amendment.
Mr. WASHBURNE, of Illinois. Iho e the House will concur in the amendment. 1;is a mere limitation upon the original resolution. The amendment of the Senate was read, and concurred in, as follows: At the end of the resolution add the following: Provided, That this resolution shall continue in force one year from its passage. The Senate also proposed to amend the title o“f the JtResolution by adding the words for one year." The amendment to the title was concurred in. STAMPS and STAMPED ENVELOPES. The next business upon the Speakers table was bill of the Senate I o. 71, to authorize the PostMGenl to de osit osta e stamps and stamped envelopes or sa e;
Skip Skip which was read a 1st and 2nd time, and referred to the comPostOffice. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. PUNISHMENT OF KIDNAPING.
Mr. WASHBURNE, of Illinois. The ComCommerce have full considered this subject. The point which insisted upon, whether in committee or out of it does not matter, is that if this grant is made it should be upon the condition that the Government of the iU.S shall have the free use of this telegraph at all times, as well in time of peace as in time of war. I move, therefore, to amend the 2nd section by striking out the werds “during a state of war."
Mr. WILSON, of Iowa. I would inquire of the Gentfrom Illinois gMr. Wasnenaxn] whether the grant in this bi l to this company to land their cables and establish their stations, is confined to the coast of Florida, or whether it extends be ond that coast.
Mr. WASHBURNE, of Illinois. Iwill read: To lay. constriict, land, maintain and operatetole gisrlaapnhdise lines or cablesin and over the waters reefs shores and lands over which the U.S. haveiurisdiction from the shoresof the State of Florida, in the said U.S., to the island of Cuba, &o. I This is the point which is considered of great interest to commercial men. It was so considered by the ComCommerce. The difference was in relation to what the company should give in consideration of the grant for the term of 14 years. I was unwilling to consent to giving this grant unless the company would agree to do Without charge the busi pose of the Government at all times, as well in peace as in war. I also insisted (and I see that the Senate has adopted such an amendment) that this company should have only 3 years Ensteadof 5 to complete the line. Then there is in the 3rd section a provision that Congress shall have power at anytime to alter or repeal the act. It y motion is to amend by striking out the words “duringastzite of war, ” so that the clause will read: The coin any shall at all times give the U.S. the recuseof said cable or cables. I now yield to the Gentfrom Massachusetts, [Mr. BAl.DWl.V.]
Mr. BALDWIN. It a pears, to me, Mr. Speaker, that the bill ought to contain some provision against such private and exclusive use of the telegraphic. communication from Cuba and the West Indies as will make it impossible for the gentlemen owning and controlling this telegraphic line to monopolize the earliest intelligence from that quarter in regard to the markets. Take, for example, the sale of sugar, 5 very important article.in our markets. By monopolizmg the earliest intelligence in regard to the market prices of that article, in Cuba alone, a gigantic system of speculation might be established and carried 9n immensely profitable to those concerned in it. such a monopoly of the earliest news from the markets in the Vest India islands would be worth millions. There are men who would gladly pay tor it very heavily. It seems to me the lpll should contain. some provision that will furnish security against the possibility of such a monopoly us this. x
Mr. WASHBURNE, of Illinois. I was dis posed to entertain pretty much the same opinion as my friendfrom Massachusetts Mr. BALDWIN] has expressed, for I am opposed to every kind of monopoly, or anything thatlooks like it. This matter was very thorou hly discussed in the Senate, and it appeared that there really need be no apprehension of such athing as the gentleman suggests. These men really obtai. but a very small privilege by this bill. The enterprise is but an experiment at any rate, and it is considered by all commercial men as an enterprise of ver greetim ortance. I do not appear here as the chemion of the bill. I merely desire to state to the House that I will not oppose it if the amendment which I suggest he adopted. Otherwise I shall oppose the bill to the utmost.
Mr. WILSON, of Iowa. I desire to ask the gentlenian from Illinois whether the committee have considered the probable extent of the burtion which his amendment would impose on this company. The company are to receive no subsidy whatever from the U.S. They ask for the privilege of landin their cable and establishing their station, an they have that privilege exclusivel, so far as the coast of Florida is concerned, for.the term of 14 ears. That is all the company are to obtain. he Government is to payt cm nothing for the purpose of aidin them to establish this communiention. It oes seem to me that, unless the gentleman has some data by which he can inform the House as to the extent of the bur dens which the amendment would impose on the company, the House should reject the amendment.
Mr. BLAINE. I ask the Gentfrom Illinois [Mr. Wasnnuaxn] to yield the floor to me for a few moments.
Mr. WASHBURNE, of Illinois. I will do so.
Mr. WASHBURNE, of Illinois. That is a consideration which should have no influence with us. We are not to regulate our legislation in accordance with the anticipated legislation of the Spanish Government. My amendment stipulates for a privilege on the part of our Government which this company should not refuse to give, in view of the fact that we give the company on exclusive privilege for the period of 14 years.
Mr. BLAINE. We give the Pacific Tele graph Company $40,000 a year. We give this compsn nothing.
Mr. THAYER. Mr. Speaker, I do not think the House is prepared to act on a.measure of this importance with no more information than we have on it. I think this bill ought to be printed, and if in order I move it be printed and recommitted. It is impossible we should legislate safely in regard to a bill that we have not had an opportunity to understand. We do not understand the extent of this monopoly, what privileges may be conferred, and what consequences may follow. For one, sir, I will vote for no bill in regard to which I have had no opportiinity of obtaining more information than have been able to get since this was taken from the Speakers table.
Mr. WASHBURNE, of Illinois. This provides that the charter may be altered or repealed at any time.
Mr. ALLEY. I wish to say a single word on this subject. I do not know that I am opposed to it; in fact I am in favor of the project. although serious objections occur to my mind at the present moment to this bill as it is. The chic one is that urged by my colleague, [Mr. BALDWIN.] I think that is a serious objection, and it ought to be provided against. This will ive them the control of all the markets in the Vest Indies and all the markets in South America, and it will be impossible for private parties to help themselves. I submit to this House whether it is worth our while to grant to a private company the control over the markets or the West Indies and South America, and for no consideration whatever. For this is the prac tical effect of this bill. Then, again, I object to it on another account. It contains no rovisi0n in regard to the rate of charges. that to my mind is a serious oh jection. I think a provision should be introduced by which inte ligence may be communi cated at a fair rate. If this company is to have the exclusive right to telegraph, surely the people should have some protection against exorbitant and unreasonable charges. Allusion has been made to the overland tel egraph to California, and it has been stated that this Government gives that company a subsidy of $40,000. Mr. Speaker, that is a fact, and my experience in reference to the procurement of that subsidy and the formation of that company has led me to feel cautious in ranting such privileges, Yourex icrience, Mr. Speaker, I have no doubt has ha the same effect upon vou.
Mr. BLAINE. Does the gentleman pretend to say that the Pacific telegraph has given anybody in the Atlantic States contro over the California market?
Mr. BLAINE. Why will this do it then in the Cuba market?
Mr. WASHBURNE, of Illinois. If gentlemen who represent commercial interests are opposed to this bill, then I move that it be reerred to the ComCommerce. If gentlemen from Massachusetts, in whose inter“ est this thing is got up, oppose it, very well, let it go.
Mr. ALLEY. I do not sn I am opposed to it. I am in favor of everything of the kind and always have been. I was in favor of the overland telegraph to the Pacific as much as any other member of the House, and I did everything in my power to procure the passage of that act. Your experience, Mr. Speaker as chairman of the committee that reported that bill, must have convinced you, as it has done me, that it is necessary to examine care fully into all these bills to see that no gi antic monopoly shall be granted without sufficient care, without sufficient provision to prevent any undue advantage.
Mr. STEVENS. Although I opposed the subsidy to the overland telegraph, I do not an ese it was an exclusive grant. Iii. ALLEY. It was not an exclusive nt.
Mr. STEVENS. Whenever an exc usive grant is proposed here I hope it will not be sanctioned by the House.
Mr. ALLEY. I think the California grant was not an exclusive grant. It was supposed it amounted in effect to an exclusive grant at the time, inasmuch as $40,000 perannum was paid to that corporation, which it was pretended would constitute its only real not profit. Subsequently it was shown that the telegraph line to California would pay handsomely without remuneration from the Government. The Senate, almost by unanimous consent, agreed to a subsidy of $50,000 and the privilege of charging 5 or 6 dollars for a message, and the House cut down the subsidy to $40,000 and refused to let the company charge over 4 dollars a message. The so sidy and the charge were based upon the estimate made by the company that the cost would be $750,000. You will remember, Mr. Speaker, Ihad charge of that matter, and after a thorough investigation of the subject I satisfied myself from accurate data that it would not cost much more than $300,000, and convinced the committee of that fact. The company made an estimate, and the assured the committee, they pledged their ouor for its accuracy, that it would cost at least $750,000. M estimate was made for the committee of which I was a member.
Mr. WASHBURNE, of Illinois. I decline to yield any further. I wish it to be understood that I am not here as the champion of this bill. I do not even know whether I shall vote for it or not. I certainly shall not vote for it as it comes from the Senate. I deem it, however, a matter of great importance to the commercial interests of the country that we should have this telegraph line. I will now ield for a moment to the Gentfrom NewYork, [Mr. DARLING? who represents the commercial interest of NewYork.
Mr. ALLEY. I believe I have never objected; but if the gentleman cuts me off right in the midst of a sentence, I shall certainly object to his yielding to the Gentfrom NewYork.
Mr. WASHBURNE, of Illinois. The gentleman says that ifI do a certain thing, w rich I have aright to do, he will do a certain thing. Now, I do not propose to interfere with the gentleman if he will be short.
Mr. ALLEY. I do not wish to be under stond by the House nor by the country as opposing t iis bill. Iam not opposed to it. I am in favor of every enterprise of this character, provided it can be done with sufficieut guards around it. I was about to remark when I was interrupted, in regard to the California telegraph line, that it has been shown that that line on y cost about 300,000 dollars, and they have watered the stock, I am informed, L to $4,000,000, and it has sold with this watering at an enormous advance in the market.
Mr. WASHBURNE, of Illinois. After it was watered?
Mr. ALLEY. Yes after it was watered to $4,000,000; Some of these men have made a million dollars out of the operationand their charges for telegrams now to the Iacific are enormously exorbitant. That is the state of the case in regard to that line of telegraph. This Government is paying $40,000 a year subsidy to that poor company to help them out with the vast expenditure of $300,000. This is a very great improvement on that, and I am in favor of it with sufliciont limitations. But I am not for giving a monopoly to any company for 14 years and enable them to control the markets of the West Indies and all the South American States. I think this Congress is hardly prepared to do any such thing. Therefore I hope this bill will be referred to the committee and that they will examine the subject, as I have no doubt they will; and from my impression of the carefulness and prudence of the Gentfrom Illinois in such matters, I am quite content to leave it in his hands, having no doubt that it will come forth from the committee in better she e than it is now.
Mr. BANKS. Will the Gentfrom Illinois yield to me a moment?
Mr. BANKS. From reading this bill, I do not think it grants the control of the telegraph line to an private parties for publicur oses. It is a public grant to private individna s for public uses, and the moment they cease to serve the public with impartiality the law will step in and deprive them of their grant. Therefore there is no great trouble in regard to that.
Mr. RICE,of maine. Congress reserves the right to reeal the charter.
Mr. BANKS. Yes, sir. This is a rant, I say, for public purposes, and it cannot e used for any other than public purposes, in which the whole people have an equa right. But there is an objection, and I think a just objection to the 2nd section, which provides, “that the said International and Ocean Telegraph Company shall at all times during a state of war give to the U.S. the free use of said cable or cables, and telegraph opera tors of its own selection. Now, sir, in a state of war, the U.S. must take possession of this line. It will never answer to leave it in the hands of the company itself with the privilege of sending communications by opera tors in its own em lo.
Mr. WASHBUI N, of Illinois. In the employ of the Government.
Mr. BANKS. So far as it is notin the juris diction of the GOVernment this law will have no effect at all. It seems to me that the proposition of the Gentfrom Illinois is too severe for a line Which costs the Government nothing, and which is capable of important public service. To impose upon it the granting of the free use of its property for an indefinite time in case of war 18 a condition so onerous and unjust that it should not be enforced. I think it ought to go to the committee.
Mr. WASHBURNE, of Illinois. I now icld to the Gentfrom NewYork, [Mr. ARLING]
Mr. DARLING. I have but a few words to say on this question. I think what we want to consider is, in the 1st place, whether this enterprise is to be of any value to the country. Most assuredly the whole commercial intercourse of the large cities is benefited by being broughtin connection with the West India islan s and if it is to be a public enterprise for the benefit of the country, most assuredly it will not be carried out unless the coriorators are secured in the results and fruits of the enterprise. Therefore we ought to give these gentlemen some advnnla e to encourage them. did investing their capital in a way which is going to benefit the commerce of the country. It is well known that capitalists will not seek a channel ofinvestment that is not likely to yield any return and while I, for one, am willing and desirous that properguards should be thrown around all grants of this kind, Inevertheless entertain liberal views upon such questions. B extending protection to this enter prise we eep it out of the hands of foreign nations. For there is already a grant given to a company by Spain for a telegraph from the West Indies to the U.S and the State of Florida has already given to certain cororators a charter for 25 years.
Mr. DARLING. Some time ago. r M;. ASHLEY, of Ohio. Since the rebel lOl]
Mr. HALE. I would inquire whether the company to which it is proposed to give this grivil e on our coast is this same Cuban or panis company?
Mr. HALE. Then I would ask my colleague what he propose s to accomplish by this except a strife between 2 monopolies one under our Government and one under the Spanish Government.
Mr. DARLING. As this is a time of compromises, perhaps we can compromise.
Mr. HALE. One having a monopoly at one end of the line and the other at the other.
Mr. DARLING. I do not propose that they should have any advantage in this country, at all events. Whether we can secure the right is a matter for the future. But I have no doubt, whatever rights me. be obtained from Spain, that American or nnkeeingennit and persistency will secure what may fall, into the hands of other individuals. I do not see any reason why we should not rant to these gentlemen this privilege. It is certainly an enterprise which will develop great results, and it is of vast importance to this country.
Mr.WASHBURNE, of Illinois. I now move to refer the bill with the pending amendments to the ComCommerce, and that they beIphreinted.
Skip Skip motion was agreed to. Mr. BALDWIN. mtRtv the bill was referred, on the table. Agreed to.
Mr. WASHBURNE, of Illinois. I move to reconsider the vote by which all the bills from the Senate were referred, and to laflhat motion on the table. Agreed to. THOMAS P. WILSON. The next business upon the Speakers table was Senate bill No.146, for the reief of Thomas F. Wilson, late U.S. consul at Bahia which was read a 1st and 2nd time, an referred in the ComCommerce. PUNISHMENT OI CRIMES. The next business on the Speakers table was Senate bill No. 165, more effgctually to provide for the punishment ofcertain crimes against the U.S.; which was read a 1st and 2nd time, and referred to the ComJudiciary. PUBLICATION OI THE LAWS. The next business upon the Speakers table was aJtResolution (S.No.50 in relation to the publication of the laws of the U.S. which was read a 1st and r2nd time, an referred to the ComPrintg.
Mr. LATHAM subsequently said:I desire to state that the ComPrintg were prepared to report with reference to the JtResolution of the Senate just referred to them in relation to the publication of the laws of the U.S. My understanding was that the chairman of thateomniittee [Mr. LAFLIN] would ask that thatJtResolution should be put upon its passage when called. I notice he is not his place., in the SPEAKER. The chairman of the ComPrintg [Mr. LAFLIN] sent word to the Chair that if he was not in his seat when the jtResolution came up, he desired to have it referred to the ComPrintg, which was done. LIEUTENANT JOSIAH D. TODD. The next business on the Speakers table was an act (S.No.67) for the relief of the heirs of Lieutenant Josiah D. Todd. late of the U.S. Nav, deceased; which was read a 1st and 2ndtime, and referred to the ComNavAffrs. TREATY OI" WASHINGTON. The next business upon the Speakers table was an set (S.No.68) to carr into effect the 4th article of the treaty Of ashington coneluded between GreatBritain and the U.S. on the 9th of August, 1842; which was read a 1st and 2nd time, and referred to the ComForAffrs. JANE HARRIS. The next business on the Speakers table was an act (S.No.200) for the relief of Jane Harris which was read a 1st and 2nd time, and reerred to the ComInvalid Pen.sions. COMMODOREWILLIAM RADFORD. The next business upon the Speakers table was a JtResolution (S.No.44) authorizing Commodore William Radford to accept a dec oration from the King of Italy; which was read a 1st and 2nd time, and referred to the ComForAffrs. GOLDSMITH BROTHERS. The last business upon the Speakers table was an act (S.No.192) for the relief of Gold smith Brothers, of the cities of SanFrancise o, California, and Portland, Oregon, brokers which was read a 1st and 2nd time, and referred to the ComClaims.
Skip Skip LEAVE OF ABSENCE. Mr. HUBBARD ofWestVirginia, asked and obtained for his colleague, Mr. wBALEY, leave of absence for ten days. CONDITION OF MEXICO.
The SPEAKER laid before the House the following message from the POTUS, with the accompanying documents: To the HoRep: In comfiiance with the resolution of the HoRep of the 11th of De cember last, requesting information upon the firesent condition of affairs in the republic of once, I transmit a report from the SecyState, and the papers by whichvit was accompanied. ANDREWJOHNSON. VASHINGTON, March 20, 1866.
Mr. BANKS. I move that the message, together with the accompany in documents, be printed, and referred to the comForAffrs.
Mr. WASHBURNE, of Illinois. Is it necessary to have that great pile of papers printed?
Mr. BANKS. They are papers which have been called for by the House. It is always customary I believe to print the messa es of the President. 7 p g The motion was agreed to. QUALIFICATION OP JURORS
Mr. LAWRENCE, of Ohio, by unanimous consent, introduced a bill in relation to the qualifications of farms in certain cases; which was read a 1st and 2nd time. LE BLOND. I ask that the bill be read in u. The bill was read at length. It provides that in trials for treason against the U.S., or of other high crimes and misdemeanors against the U.S., committed by organized military forces and a multitude of people, no person shall be disqualified from acting as a juror by reason of having formed and expressed an opinion upon the guilt or innocence of the accused, base upon public rumor, statements in the public journals, or the common history of the times provided he shall be otherwise competent and shall declare upon his oath, and it shall appear to the satisfaction of the court that, notwithstanding such Opinion, he can and will impartially try the accused upon the crime charged in the indietment, and a true verdict render upon the evidence to be given in the trial. The bill was referred to the ComJudiciary. DEFICIENCY BILL. The House then proceeded to the consideration of the amendments of the Senate to House bill No. 86, making additional appropriations, and to supply deficiencies in the appropriations for sundry civil expenses of the Eovernment for the fiscal year ending June 30, 1866, and for other purposes. The ComAppropriat recommend that certain of the amendments be concurred in, and that certain other amendments be nonconcurred in.
Mr. WASHBURNE, of Illinois. I ask that these amendments be considered in the House as in ComWhole, subject to the 5 minute rule. No objection was made. 1st amendment: Strike out in the appropriationsfor the lighthouse establishmentthe followmg: FOTOOIDHHBBIUDatBt.wo and a half erceht. tosuch superintendents as are entitled to the same. under the prov" O to act of March 3. 1851.on the amount that may edisbursed by them, 85.000. The ComAppropriat recommended concurrence.
Mr. SPALDING. I move that the House non-concur in this amendment; and in making this motion I have the entire approval of the chairman of the ComAppropriat. I have here a communication from the chief of the Lighthouse Board, and I ask the Clerk to read it.
The Clerk read, as follows: Tnsssunv Ditnitrinmr. Osricr: or ran LIGHTHOUSE Bonn. WASHINGTON, March 21, 1866. Sm: It is observed that the deficienc bill was amended in the Senate by striking out the item ofo00for commissionsofsuperiutendents oflights. This item wasregularly estimatedfor by this Office. (seepage247Estimates ) and the lighthouseservice will materially sufferithe amount is not appropriat. I would bemuchobligedifyou willhave the amount reinstatedin the bil. Very respectfully. W. B. SHUBBICK. C Irma. Hon. THADDEUSSrsvsss. Chairman ComAppropriations.
Mr. SPALDING. This item will be found in the book of Estimates on page 247. The trouble in the Senate was that the amount, $5,000, was not carried out. For that reason they struck out the appropriation. It should be reinserted, as it is very important.
Mr. WASHBURNE, of Illinois. The ComAppropriat have recommended that the House concur in this amendment, and I think it very properthat we should follow their recommenation.
Mr. SPALDING. The gentleman perhaps did not understand in explanation. In moving to non-concur, I had the entire approbation of the chairman of the Comappropriat. Aletterfrom the chicfof the LightHouse Board, stating the necessity for this appropriation has been read.
Mr. wASHBUBNE, of Illinois. Myattention was drawn away at the time, and I did not hear the gentlemans explanation. I suppose the matter may be all right.
Mr. STEVENS. The letter which has been read was not before the committee when the amendment of the Senate was under consideration. That letter was only sent to us a day or 2 ago. The amendment was not concurred in. 2nd amendment: On p e5. strike out lines 99 to 100an one, as follows: For survey of and hr bupying out Seekonk river. IfsrolamndP, awtuckct to India Point, in Providence. Bhodo $1.000 The ComAppropriat recommended non-concurrence. The amendment was not concurred in. 3rd amendment: On page 7. in line 141. strike out " 20 " and insert "ten." so that the paragraph will read: For rebuilding outer range light at Cedar Point. Sandusky bay. Ohio, 810,000o.r so much thereof as may be necessary. The ComAppropriat recommended non-concurrence.
Mr. SPALDING. I send to the Clerks desk a letter, which I ask shall be read.
The Clerk read, as follows: Tnmse iir DEPT. Orricii Liaiir llotss BOARD. VKSBINGTON, March 21.1866. $111:I notice that the Senatehas amended the bill making appropriations to support the lighthouse establishment for the year 18. known as the de ficiency bill. so that the amount nKprupll the d for range lights at Cedar Point. Sandus y bay, Ohio is $10,000instead of 820,000t.he estimatesof this o the c. (See page 117.Estimates of Appropriations. 1806 67.) The full amount of 820.000is consideredto be necessary and it is to be hoped thut the orimnal sum will be appropriated. as lesswill not be sulficient to complete the work. Very respectfully, W. B. SHUBBICK, Chairman. Hon. Tniipniics Srsvrss. Chaiman ComAppropriat HoRep. The amendment was not concurred in. 4th amendment: Strike out“ 5,000" and insertin lieu thereof “6,000500;” so that the paragraph will read:. For fitting ug rooms in the basement.under the courtroom of the S preme Court. for a consultation room for the court. 6, 500. The ComAppropriat recommended non-concurrence. The amendment was non-concurred in. 5th amendment: Strike outD the following]: For removing the unsig tly double railing or fenoa erected across the old Hall of Representatives and all stands for the sale or display of any articles whatever in any of the entrancesto the House on themam floor.) in the Capitol. ten dollars. The ComAppropriat recommended concurrence. The amendment was concurred in. 6th amendment: Strike out the following: For sewer in Four ana half street. in front. of reservation between Missouri avenue and the canal. under act of May 15.18208,000 and in lieu thereof insert the followinii; TO enable the ComrPubBldg to pay for sewers and paving in front of Government ggiasaty constructed under the act of May 5. 1864., i. The ComAppropriat recommended concurrence.
Mr. WASHBURNE, of Illinois. I hope we will not concur. I think it had better go to the committee of conference.
Mr. INGERSOLL. I hope the House will concur in the amendment of the Senate. This item has been considered both by the committee of the House and the committee of the Senate, and has been reported on favorably. By mere inisap rehension of the law it was not adopted by t ie House. It is now well understood that this is due to the city of Washington by virtue of a contract with the Government. The money ought to be paid, and there ought not to be any hesitation about it when it is found to be due. I hope the House will concur in the amendment and show at least its willingness to comply with the law of 1864, which covered this thing precisely. The ComAppropriat have recommended a concurrence in the amendment of the Senate.
Mr. WASHBURNE, of Illinois. That is so; and I am somewhat surprised at it, as I see they have recommended a non-concurrence in the same sort of thing in the next paragraph. Here is an appmpriation of $32,000, and in the next paragraph an appropriation of $37,000, $70,000 in round numbers, in all. I do not see why the ComAppropriat should recommend concurrQce in one and noncon currence in the other. I hope they will both be non-concurred in, and go to a committee of conference. I do not. see why they should be divided.
Mr. KASSON. Iwill explain to the Gentleman why they should be divided. They are under different laws. One is under the law of 1864, and the other under the laws of 1820 and 1865.
Mr. WASHBURNE, of Illinois. One is under the law of 1864, and the other under the law of 1806.
Mr. KASSON. The main part of the appropriation we found related to acts done under the law of 1820. Our committee had not information as full touching that as the other, and we recommended concurrener in the 1st and non-concurrence in the othe. The House was divided, and there were ayes 64, noes not counted. So the amendment was concurred in. 6th and a half amendment: Insert the following: To enable the ComrPubBldg to pay for sewersand pavmg in front of Government propertyconstructed hy the cityof Washington, under the act of May15, 1820, and forcleaning Pennsylvania avenue. May 22 and 23. 1866, 837.4 61: Provided, That nopnyment shall be made on account of any appropriations herein contained to reimburse the city of Washington fqr improvements heretofore contshtreucitteemdsin iront or through the publicgrounds. until have beenproperly examinedand audited. as to legality and amount. by the properofficerof the Treasury. The ComAppropriat recommended a non-concurrence. The amendment was non-concurred in. 7th amendment: Strike out the followinp: For lighting the Canito and Presidents House. the publiczrounds nround them.andaroundtheeXccutive offices, Pennsylvania avenue, and Four and a half street. 850.0 and in lieu thereofinsert the following: For lightin the Capitol and President sHouso, ths public rouii s around them and around the executive O cos and Pennsylvania avenue, Bridge and High streets in Geo otown. Four and a half street. 7th and 12th streets across the Mall and Maryland nvenue west.and6th streetsouth.$854“). The ComAppropriat recommended a concurrence.
Mr. WASHBURNE, of Illinois. I hope the House Will non-concur. When the matter was up before it was fully discussed, and we struck out the provision for lighting the streets in Georgetown, reducing the appropiation from $85,000 to $50,000. I do not see any reason why we should change our action on the subject. I do not see why we should vote away the public money to light the neighboring city of eorgetown.
Mr. SlEVENS. It is true the House reduced the appropriation from $85,000 to $50,000, so that there was nothing to with from this to the end of the year. Anlight it is a question whether we should grope on in darkness during that time, or restore the estimate of $85,000. I do not care much about it myself, but to these young men who go wan dering about town at night it would be very dangerous to leave the city in darkness. [Laughter.] I hope, therefore, that in order to furnish light, the amendment of the Senate will be concurred in.
Mr. WASHBURNE of Illinois. I have not seen any communicadon from the ComrPubBldg in regard to this matter.
Mr. STEVENS. The ComApproriat sent for the ComrPubBldg, and that was the account he gave us.
Mr. WASHBURNE, of Illinois. Ilie gentleman has made no reply to what Isnid on the subject of lighting the city of Geor etown. I move to strike out the words “Brigo and High streets, in Georgetown, Four and a half street, 7th and 12th streets across the Mall, and Maryland avenue west, and 6th street south.”
Mr. STEVENS. Pennsylvanin avenue runs upto and connects with Brige and High streets, and the are in Washington.
Mr. WASHBURNE, of Illinois. I beg the gentlemans pardon. Bridge and High streets are in Georgetown, and not an inch in WashingVIrt.onS. TEVENS. This is all on Pennsylvania avenue.
Mr. WASHBURNE, of Illinois. No, sir. Pennsylvania avenue only extends to the bridge.
Mr. STEVENS. There has been no time since appropriations have been made for this purpose at all that we have not appropriated or the lightin of those streets.
Mr. WILSON, of Iowa. High street, in Georgetown, is not even a continuation of Pennsylvania avenue.
Mr. WASHBURNE, of Illinois. It is one of the lateral streets in Georgetown. I think it is time we commenced a reform in regard to this matter of lighting these cities. If the Gentfrom Pennsylvania insists on having this $85,000, I suppose the House will vote it; but I insist on my amendment to strike out the words I have indicated.
The SPEAKER. That would strike out Four and a half street in this city.
Mr. WASHBURNE, ofIllinois. I will mod ify my amendment and move only to strike out “Bridge and High streets in Geor town.”
Mr. GRINNELL. Will that cave 4 and a half street still lighted I
The SPEAKER. Yes, that will leave 4 and a half street lighted.
Mr. GRINNEL. Well, I want the Speaker and myselfto have light to go home by.
Mr. RANDALL, of Pennsylvania. I think these 2 cities stand on the same ground in regard to this matter, and that if we light one. we ought to light the other. I have the honor to reside in Georgetown. High and Bridge streets arepublic thoroughfares. I can see no reason why Georgetown should be deprived of light, and light given to Washington. If an appropriation for lighting the one is just, an appropriation for lighting the other is equally Just.
Mr. STEVENS. The argument of the Gentfrom Iowa [Mr. GRINNELI] applies just as well to those who live in Georgetown as to those who live on Four and n half street.
Mr. RANDALL, of Pennsylvania. I do not speak for in self at all;I go home before dark. [Mr. ugMhtYer;RS. I desire the House to understand that the appropriation which the Gentfrom Illino1s [Mr. wASHBURNE] wishes to strike out is to pay a debt already incurred. The House will recollect that this appropriation bill failed last ear.
Mr. WASHBURNE, of Illinois. My friend is a little too fast. I do not propose to touch the amount of the appropriation at all.
Mr. MYERS. T on have utterly misunderstood the object of the gentleman. I want the House to understand that this money has all been exended. The deficiency appropriation bill oiled and in order to secure this lightin of the city, a loan was made by bankers an others here to the GasLight Company. It is merely a question now whether we shall return to them the amount which has been s ent.
Mr. HALE. I desire to inquire whether we are now indebted to this as company for the lighting of Bridge and Hig streets. If so, we on ht to a for it.
Mr. MYERS. Certainly; and that is what I wish the House to understand.
Mr. KASSON. I will say on this point that, in accordance with uniform custom, this gas has been consumed, and money has been raised and paid to compensate for it, relying upon the passage of this appropriation, as similar appropriations have been before made. The House is aware that, owing to an unfortunate provision in it, this bill failed in the last Congress, and the company have been obliged to go on furnishing the gas by borrowing money. Now, I apprehend that, without the retention of these words in the bill, the vouchers for the accounting officer could not he settled at the Treasury Dept.
Skip Skip The question was taken on Mr.wAsnaonnas amendment, and it was not agreed to.
Mr. WASHBURNE, of Illinois. I will offer another amendment. I move to add to the clause this proviso: Provided, That hereafter Bridge and High streets. in Georgetown, shall not be lighted at the public expense. I want to see what the Gentfrom Iowa has to say to that.
Mr. KASSON. The Gentfrom Iowa has nothing to say to it, if the House chooses to pass it.
Mr. RANDALL, of Pennsylvania. Why will not the gentleman move to strike out the provision for lighting the streets of Washington as well as those of Georgetown? If there is any propriety in paying for the lighting of the one, there is equal propriety in paying for the lighting of the other. If you strike out the appropriation for the one, strike out the appropriation for both.
Mr. WASHBURNE, of Illinois. Iwill modify my amendment so as to read as follows: Provided. That after the end of the present fiscal year Bridge and High streets.in Georgetown, sha.ll not be lighted at the public expense.
Mr. RANDALL, of Pennsylvania. I move to amend by adding after the word “George town” the words “ and the city of Washington."
Mr. HALE. I wish to inquire whether there are any public offices on Bridge or High street in Georgetown which require to be lighted at the public exeiise.
Mr. STEVENS. During the war the government had large stores ticre, and occu ied very large buildings, which were very wellfil ed; angthere was an absolute necessity then for the appropriation which was made. I am not informed as to the present condition of affairs, whether there is anything there more than the 0st othee and the customhouse. How much light the require I do not know. I know that during the war there was great necessity for this appropriation; I do not undertake to say whether there is now or not.
Mr. HALE. It seems to me that the amendment of the Gentfrom Illinois ought to prevail.
Mr. RANDALL, of Pennsylvania. I with draw my amendment to the amendment.
Skip Skip The question was taken on Mr. Wssmwrmns amendment, and it was agreed to. The amendment of the Senate, as amended, was then concurred in. 8th amendment: On pagc15strikoout lines 332 and 333. as followg: For the protection and improvement of Franklin square.$1.720. nd insert in lieu thereof the following: For the (protection and improvement of Franklin square. an for lighting 13th and 14thstreets.in front of said s uare. ho oxpendpd luiander Sathuenddeirrse, estuiopnerainntensdnepnetion tetnheen peopoafgaWtiinlg Iarden. The ComAppropriat recommended non-concurrence. The amendment was non-concurred in. 9th amendment: On page 16strike out the following: For building sewer on Pennsylvania avenue, from 17 thstreet to 20th street, $27, 500. The ComAppropriat recommended a concurrence in the amendment.
Mr. ingERSOLL. I would like to ask the chairman of the ComAppropriat why his committee concur in the amendment of the Senate to strike out this appropriation for the sewer between 17 t and 20th streets. Sir, that sewer has been built, and the Government is bound in honor and by law to pay its proper proportion of the expense. The SecyInterior called upon me this morning to know why it was stricken out. I think the amendment of the Senate should not. be concurred in. Let the matter go to a committee of conference and they will ascertain the facts. It is a just claim, and it should be Ipaid by the Government.
Mr. STEVENS. We had no information that this work had been done, and that this was an appropriation to ay the Governments share of the expenses. t appears in the estimates as an original appropriation for the purgose of constructing this work, and when the caste saw proper to strike it out we thought it rather a prudent step and we did not think that we ought to resist this measure of economy when the Senate, after examining into the matter, had come to that conclusion. Hence it is that we have recommended a concurrence in the Senates amendment. I will say this, that we are now preparing another appropriation bill of this kind for the present year, and if this be merely a deficiency or work which has been done and not paid for, we can put it into that bill, which will be the more appropriate place for it.
Skip Skip The question was taken, and the amendment of the Senate was concurred in. 10th amendment: Insort before the appropriation for the AttyGen’s officethe to lowing: Otiicc of SecyState: For publication of the laws. 88, 900. For extra clerk hire. $3.000. For the pay of the U.S. commissioners and for the pay of the U.S. surveyor. an for incidental expensesin the execution of the duty assignedto the Jtcommission up pointedunder the 1st articlooftho reciprocity treaty ctwcen the U.S and Great ritain of the 5th ofJunc. 1854. om November1.18i55.toMarch. 1866 and for draft: and compilation of the final chart. showing the laccs “reserved from the common liberty of fish ng." their limits and description. 61,500 or somuch thereofus may benecessary. The ComAppropriat recommended that the amendment be concurred in.
Mr. BROOKS. I wish to make a few remarks upon this amendment, and in order to do so it may be necessary for me to submit an amendment reform.
The SPEAKER. The gentleman can discuss the amendment for 5 minutes upon the question of concurring.
Mr. BROOKS. l apprehend the gravest difficulties may arise hereafter n on the matter of these fishing grounds. I loo to the future with the greatest dread: and I avail myself of this opportunity to call the attention of the House and of the country to the perilous situation we are likely to be in with regard to GreatBritain, iu the confiict between our own fishermen and the fishermen of Nova Scotia, NewBrunswick, and Prince Edwards Island upon these fishing grounds. The best offish are caught near the shore; especially No. 1 mackerel. It is a matter of history that the fishermen of Maine, of Massachusetts, as Well as of other States, will push their fishing boats, no matter what may be the law, within the 3 miles which are forbid den by the law of nations, and that they claim to fish upon these forbidden grounds. Conflicts of the most perilous character have arisen hitherto; and at one time we were upon the very eve of War with GreatBritain in reference to these fisheries. The rumor is now afloat, and in all robw bility it is a rumor having great founation, that a fishing vessel is already being preared upon the Atlantic coast, completely arms with the best of ordnance and the best of rifles, and manned by the bravest and boldest Irishmen connected with the Fenian organization, to fish within or near the prohibited grounds. I think it the duty of this House, I think it the duty of this Government, to take notice of rumors like this, and by an armed police upon those waters endeavor to preserve us from the peril of a war with a foreign Power. in which we would be violating a treaty and the law of nations, unless we cease to invade the right of fishing within 3 miles of the British coast.
Mr. SPALDING. I desire to say that I have heard something about these rumors. ButI noticed in the columns of the Globe the other day, the introduction of a resolution by the Gentfrom Maine. [Mr. Putin] which, it seems to me, would be the best refutation of these rumors. retary of the Navy to send a portion of our iron clad ficet down in that direction and I hope the bold seamen of Massachusetts and Maine will pursue their vocation upon that coast to the utmost verge of their right and I hope, if they are opposed, our ships will be there to protect them. I deny that any treaty made under Gods heaven can take from our fishermen the right to fish in any part of the Atlantic ocean. That is all I have to say on this subject. Ifa war is to come, let it come.
Mr. WASHBURNE, of Illinois. I do not propose to address myself to that particular portion of this provision to which the Gentfrom NewYork [Mr. BROOKS] referred. But I would like to have some information in regard to this item of $8,000 for extra clerk hire in the Office of the SecyState. The ComAppropriat recommend a concurrence in this amendment. vNow, before I can vote for it, I desire to have some information in regard to this subject of extra clerk hire.
Mr. STEVENS. All the information I have is that the head of the State Dept thinks that owing to the very large amount of business thrown upon that Dept this amount of clerk hire is necessar. I have no knowledge myselfas to what is tenecessity for it. But I have such great confidence in the head of that Dept, that I am willing to take his word for anything that I know to be correct. [Laughter]
Mr. PRICE. It will be observed, Mr. Speaker, that this amendment provides for the payment of the commissioners appointed under the act of congress of July 1 1862, to examine the Union acific railroa. It also provides for the pay of the surveying party required by the some not to make the necessary surveys for fixing the point of junction on the 100th meridian of longitude, “at which the several branch roads shall converge and meet the Union Pacific railroad.” It is very clear that while the law makes provision that this work shall be done, some provision should be inade tor the payment of those who do it. If it is wrong to make these payments, that wrong should be corrected by a law to operate in the future; it could not justly Operate with reference to the net. I hope, therefore, that the recommendation of the committee will not be adopted, but that we shall concur in the amendment of the Senate. "
Mr. HUBBARD, of Iowa. I concur with the remarks of my colleague, [Mr. Pnien.] The appropriations embraced in this amendment are preper and ought to be made. The law provides for the appomtment of these commissioners, but makes no provision for their payment. They are appomted by the POTUS They are not officers of the railroad comy; theyve not connected with it. There is no relation between them and the railroad company, except so far as their duties as commissioners under the appointment of the President bring them into connection with that company. They have done their work, and are entitled to pay. The on] question is, who shall pay them he law may es no special provision for their payment; but under the general terms of their appointrment, the presumption is that. they must be paid by the Government. It is proper that they should be paid by the Government in order that they may be under no obligations to the company. Perhaps it would be improper for the company to pay them. The amendment also contains a provision for the completion of the bridge over the Big Sioux, Vermillion, and Dakota rivers. This is an important work upon a valuable military road. Part of the work has already been done, some 10,000 dollars having been expended. Unless a sufficient amount be appropriated for the completion of the work, the money already exended must be lost. A large amount of overriment transportation passes over this road every year. he government has been paying for the last 5 years at the rate of about 1000 dollars a year in the way of ferriage. Hence it isimpor taut that the appropriation embraced in this amendment for the completion of this bridge should be made.
Mr. STEVENS. When this matter was being examined by the committee they had before them estimates amounting to about 60,000 dollars. For what? To pay the engineers who went to examine this work and the commissioriers appointed under the law. The law provided that the Government should give to this railroad company a vast subsidy of 100s of millions in bonds whenever certain work should be done to the satisfaction of the commissioners to be appointed; and in order that the Government might be satisfied as to that, it was provided that the Government should have the appointment of the commissioners. The appointment of those commissioners, as well as the surve ors to fix the line of the road, was a part of the construction of the road itself. The commissioners were as absolute] necessary as the surveyors who located the we. The appointments were necessar to enable these companies to get their half a million everyment and their million every 2 months from the Government. It was necessary for that purpose that the Government should appoint directors and commissioners for the purpose of supervising the construction of the road. Until that was done they could not be paid.
Mr. BROOKS. I want to understand this subject. Are not these commissioners to see whether the road is well constructed and fit for the acee tance of the Government?
Mr. BROOKS. Is it good business licy to let a railroad company pay the men who are to inspect and report upon their work?
Mr. STEVENS. hether good polio or not, the law provided for what things the 0vernment should pa, and this was not one of them. In consideration of the privileges granted, the Government was to have certain privileges in return, and one of them was the appointment of 5 directors in the Union line. Another was to appoint examiners to see whether the work was done according to the requisition of the law. Those were privileges reserved by the Government in consequence of the immense grants they made to these roads. But, sir, there was no provision that these men should be paid by the Government. They were a art of the machinery of the road. hether it is good policy or not, the government agreed to give certain things, and it was understood that the companies should provide and pay for all this machinery. Instead of that they now come here and ask us to appropriate $00,000 for the payment of the men who examined their work. If these commissioners have examined the work it was because the Government provided it should be done before it was accepted. As to whether it is good policy or not, I resume these are honest men, and will do their duty, no matter who pays them. I do not suppose that a few 1,000 dollars would influence them in their judgment. I do not believe these men will not do their duty because the company pays them. According to the Gentleman, the company would understand how much it takes to mollify an engineer, and how many ounces of gold to bribe a commissioner. I suppose the Government will not appointment men who can be bribed for 5 or 6 dollars nday. I say they will not appoint men who can be bribed for $20,000. I am quite sure that the gentlemans remark cannot apply to the present commissioners. I hope the Pacific Railroad Committee will, in providing for future roads, take care that the company shall pay these men and not leave the matter at all doubtful. I protest now against the Government being compelled to pay these men.
Mr. DAVIS. I desire to ask the htine rable Gentfrom Pennsylvania aquestion.
Mr. DAVIS. Is there any presumption under the provisions of the law that any obligation rested on these corporations to pay these parties?
Mr. STEVENS. If the corporations wanted to build the roads I think they would pay the exease, and this is part of the expense. Mr. DAVIS. I do not quite understand it so, although I have no feeling in regard to the amendment. It seems to me, when the government appointed certain parties in whom it had confidence, whose duty it was to examine the character of the work done, it is safer, so far as the public interest is concerned, that those men should be under the compensation and control of the Government without in the least being influenced on the part of these corporations, “ they would be if they lookedto them for their ay.
Mr. STEVENS. Iwill saytothe gentleman, never mind who pays them, they 1d their appointments from the Government nd are under the control of the Government.
Mr. DAVIS. So far as the parties who have already acted are concerned, I submit as a proposition of law that thely have no claim upon these corporations. they have not been employed by them, their appointments coming irectly mm the Government itself. There is no contract between them and the corporations. The simple question is, whether these parties shall be thrust out without any compensation at all, or whether it shall be aid by the government to whom these parties were held responsible.,
Mr. HALE. I desire to inquire whether the report of the ComAppropriat of non-concurrence extends to al of these items.
Mr. STEVENS. It was thought as they were all one amendment it was etter they should all go to the committee ofconference, so that some understanding should be reached in regard to them.
Mr. HALE. The reason of my making the inquiry is, that there are 2 other appropriations covered by this amendment which have no connection with the Pacific railroad, one in regard to the comletion of the wagon road from Sioux City to ort Randall, and the other in regard to commutation of quarters and fuel to officers of corps of Engineers.
Mr. STEVENS. it is best to send the whole to the committee of conference.
Mr. WILSON, of Iowa. As an orinal proposition I would vote against this. am opposed to imposing upon the Government the expenses attendant upon the control of the Union Pacific railroad and the interests connected therewith. But, sir, the difficulty in this case is, there is no provision made by law for that expense being met by the Government. The Government, in pursuance of law, appointed these commissioners. The have discharged their duties and are entitle to compensation. It is too late for us to provide that the companies shall pay them or the services they have already rendered to the Government, and the true remedy to be provided is to pass an amendment to the Union Pacific railroad act which shall require these expenses to be borne by the company in the flitiire. But for the past the Government has already incurred the expense. i
Mr. WILSON, of Iowa. The gentleman says, “Oh, no.” He knows as well as I do that these persons have acted under the direct authority of the Government of the U.S., and that there is no provision of law now requirin the company to pay these expense s. If t a gentleman desires to guard against this for the future, and will reose an amendment to the existing law which shall require the company to pay the expenses here after, I shall most cheerful] vote for it. But for what is already incurre the Government must provide out of the Treasury.
Mr. HIGBY. We all agree that by the terms of the law creating the railroad company these commissioners are to be appointed by the government exclusively. The railroad company has nothing to do with their apointment, and has no control or direction of them after their applorintment.
Mr. STEVENS. The Government appoint 5 directors. Who pays them?
Mr. HIGBY. I understand that; and I ask the gentleman who pay 1 them by this bill.
Mr. STEVENS. Vhy, the company pays them.
Mr. HIGBY. Not onb word is said in this law about who pays them; and yet the government has the entire control over them.
Mr. STEVENS. If the company will not ny them, I think they will never get any more onds.
Mr. STEVENS. I demand the previous question on the 14thamendment.
Skip Skip The previous question was 2nded, and the main question ordered; and under the operation thereof the amendment was non-concurred in. 15th amendment: Insert the following in relation to the botanic gar on: For the purchaseandremoval of materials and for erecting 4 grcenhousesin the botanic garden. to be expended under the direction of the JtcomLibrary. $2.500. The amendment was non-concurred in. 16th amendment: Strike out the following: To enable the ComrGLO to continue the investigations which he has instituted in relation to the IDIDOHHICSOIJIOCB of the U.S and the minerals, their extent and lo cality in the public domain. who shall reporthis doings as bylaw required in relation to other business of the GLOe, 85,000.
Mr. wASHBURNE, of Illinois. I am in clined to non-concur in that amendment. The ComrGLO has undertaken investigations in the western Territories and has pursued them with great advan tage, and I think we might make this appropriation with benefit to the public service, and enable him to go on. He has already shown to a great degree the character, extent, and value of the mineral resources of the country.
Mr. STEVENS. I am very much alarmed at the aberration of my friend. I hope it is only temporary. [ Laughter] This is really an appropriation which ought not to have been put into this bill because it is not a deficiency at all and I do not know anything of the investigations of this man. He has got so many things on hand the census, the examination of miii erals, the scalping of Indians that I think we had better not give him much more to attend to.
Mr. WASHBURNE, of Illinois. Isupposed when the gentleman put this provision in the bill originally that he was well satisfied that it was correct and proper and I think it is a very good appropriation, and hope that the House will vote to retain it.
Mr. INGERSOLL. That is my opinion. There is perhaps nothing that the Government can do that will so much tend to emigration and to the settlement of these Territories as giving the public information in regard to our mineral wea th. If these Territories abound in gold and silver, coal and petroleum, it will become best known by this means, and the resources will become developed and made materially beneficial to the whole country. I hope the amendment to strike this out will not be concurred in. the amendmentwas concurrediu ayes 48, noes not counted. 17th amendment: Strike out the following: For publishing the annual report of the National Academy of Sciences, made to Congress under the notapproved March 3, 1863.05.000. The ComAppropriat recommend a non-concurrence in tie amendment.
Mr. WASHBURNE, of Illinois. I hope the House Will concur in this amendment; I do not see the necessity for such an appropriation.
Skip Skip The question was taken, and the amendment was not concurred in. 18th amendment: Insert the following: To supply a deficiency in the fund for the relief of sick and disabled seamen.810,000. The ComAppropriat recommend a concurrence in the amendment. The amendmentffas concurred in. 19thamendment: In the 1st clause, under the head of“mise cllane ou!, "striko out the word "live." and insert the word “8 H so that the clause will read as follows: For the fencing in repair, and cornlution of the U.S. courthouse and posto co at Indian agolis, Indiana and paving the sidewalks in front of the same.the sumof $8,000o.r such part thereof as may be necessary, to be expended under the SecyInterior. 4 The ComAppropriat recommendthat the amendment e non-concurredin.
Mr. KERR. I hope the House will concur in the amendment of the Senate. This amount of $8,000 is made necessary by the condition of the public buildings at Indianapolis. This appropriation was recommended by the late SecyInterior, and has also been recommended by the present SecyInterior, by the present judge of the district court of Indiana, by the marshal of that court, and the district attorney for that State. I hold in my hand the recommendations of those General officers, and if any gentleman desires iIt will ask that they be read.
Mr. KASSON. I will sayto the Gentfrom Indiana7 [Mr. KERR, }in order to avoid the necessity of further argument, so far at least as the opinion of the committee is concerned, that there is an error in the framing of this clause, which the Comappropriat desire to have corrected. An in order to reach it they propose a non-concurrence in the amendment. but the committee do not wish to be understood as committed against the propriety of some slight increase of the amount inserted originally in the bill.
Mr. KERR. Is it the intention of the comappropriat that this matter shall be adjusted y the committee of conference?
Mr. KASSON. That is the intention of the committee.
Mr. KERR. With that understanding Iwill not press the matter further.
Mr. FARQUHAR. I desire to say a word upon this matter, in the absence of my colleague from the 6th district, L
Mr. Desroxr] who has this matter more especially in charge, but the state of whose health detains him from the House today. This appropriation is recommended by the SecyInterior and by the PostMGenl. The oriinal estimate presented to the ComWays&Means of the last session of congress, was for $8,000. The committee reporte in favor of $5,000, and that was put in the bill which failed. It has now come before the House on an amendment of the Senate to increase the appropriation from $6,000 to $8,000. I did not fully understand the statement of the Gentfrom Iowa [Mr. KASSON] in regard to the recommendation of the ComApproriations to non-concur in the amendment.
Mr. STEVENS. In the opinion of the comAppropriat it is not in the right place; and or the purpose of having it put in its properilace we recommend a non-concurrence in the amendment of the Senate; that being the only way in which we can get at it.
Mr. FABQUHAR. Then the object of nonconcurring is that this matter may e adjusted by the committee of conference?
Mr. FA RQUAAR. Then I will say nothing more in regard to this matter, than that there is an imminent necessity for an increase of this appropriation from $5,000 to 88,000. My at tention was called to this matter when I was in the city of Indianapolis by several officers of the General Government, who impressed upon me the necessity of increasing this appropriation to $8,000, the sum recommende by the SecyInterior and the PostMGenl. I hope, therefore, that when this subject comes before the committee of confeflrnce it will be proierly adjusted. “The amendment of the Senate was non-concurred in. 20th amendment: Amend the clause in relation to counterfeiting by striking out "8100.000"and inserting" 860.000: so that it will road: punish emxpeenntspeesrisnodnestenegtainggeadnindeboruinngtienrgfetiotintrgia Treasury notes, bonds, and other securitiesof the U.S. as well as the coins of the U.S. ! The ComAppropriat recommend that the amendment be concurred in. The amendment was concurred in. 21st amendment: Strike out the following: For compensationto Charles B. Stuart for services as engineer, under appointment by the President, in examining. reVIsing and reporting “DOD the survey and estimates for the severalproposedgunboat ca nals, $2. The ComAppropriat recommend that the amendment be concurred in.
Mr. Stuart was appointed by the President, under a law of Congress, to make a survey of the Niagara shipeanal route, in the year 1804, I think. He made that survey, and his report was laid before congress and printed and I cannot see why the government should now refuse to compensate him for the services he has performed.
Mr. STEVENS. Our committee inserted this provision to pay Mr. Stuart, but the Senate has struck it out. I think it is a fair claim.
Mr. THAYER. I hope, Mr. Speaker, that the House will non-concur in this amendment of the Senate. When I proposed in this House the proviso which the Senate has stricken out, I had the honor to submit in support of it some considerations founded, as I thought, upon good taste and public propriety. This proviso proposes to prohibit the engraving of the portraits of living persons upon the money issued by the Government of the U.S. I believe it is a fact capable of being well authenticated that when the 1st silver dollar of the U.S. was struck it had upon it the image of the greatest of Americans, George Washington. When that fact came to be known to President Washington he ordered that die to be destroyed. Whoever, therefore, has a silver dollar with the head of General Washington upon it has in his numismatic collection a coin of rare value. Sir, the modesty which seems to have distinguished the public men and the public officers of that day does not, I regret to say, seem to characterize all of the public men and public officers of the present av. Hf take up now what is the representative in value of the smallest silver coin of the U.S., I find upon it not only upon one side but upon both sides of it, (lest the people might fail to see it) the cilig. not of General Washin ton, but of the Superintendent of the Public printing.
Mr. WASHBURNE, of Illinois. I beg the gentlemans pardon, not the Superintendent of Publil: Printing.
Mr. THAYER. I meant the superintendent of the currency printing. Several MEMBERS. What is his name?
Mr. THAYER. It is not necessary for me tomention names as he is well known. Ihold in my hand one of those notes on which his face is printed on both sides, lest it should not be seen. Now, there are many reasons why this pradtice should be discontinued. It is in very bad taste and inconvenient in many respects. The arithmetic makers will be obliged, I apprehend, to do away with the old table of Federal currency, as it is taught in all the common schools of the country, and to substitute a new one running somewhat as follows: Clurks make. wushinntonsand 1 2 2 2 Fesseudeusmake. 2 S 2 )inners make. 1 Chase. C msesmake. 1Hamilton. 5 Chasesmake. 1Madison. [Great laughter.] he table, it is obvious, might be extended much further than this. The friends of Mr. Hamilton may well object that by the new table it takes 2 Hamiltons and a half to make one Madison, and others may discover inequalities of value equally objectionable.
The SPEAKER. The gentlemans 5 minutes have expired.
Mr. Thayer. I hope the House will nou concur in the Senate amendment.
Mr. INGERSOLL. I hope the time of the Gentfrom Pennsylvania will be extended so that he may finish his remarks.
Mr. HILL. Iwillyield to the Gentfrom Pennsylvania part of my time.
Mr. THAYER. I thank the Gentfrom Indiana. I only wish to say further, sir, that the only excuse given in the Senate, as I find the debate reported in the Globe, is that this vicious pradtice is necessary as a preventive of counter feiting. That is too transparently absurd to be believed or at least to have any weight in this House. A picture is a picture, and it is as easy to counterfeit one of these pictures of living personages as it would be to counterfeit the resemblances of the departed heroes and sages of the U.S. whose images should adorn the currency of the U.S. if we are to have these embellishments upon it. I trust the House will insist on this provision in the bill and that when our committee go into conference with the Senate committee they will hold fast to it, for the sense of the House upon this point was expressed by a very empliatic vote when the matter was under consideration here before.
Mr. HILL. The members of the House are modest gentlemen, and as such they inserted this provision. They had no ambition to purchase 5 cent notoriety. They aspired to no such cheap reputation., But, Mr. Speaker, as the members of the Senate seem not to be so modest, and to desire the opportunity of having this display. I rather favor aconcurrence in the amendment of the Senate.
Mr. GARFIELD. Mr. Speaker, Ionly wish to say a few words in reference to this amendment of the Senate. I hope it will prevail. It is a very remarkable proposition, after it has continued during the whole progress of this war to be the practice to print the faces ofour leading public men on the public currency, when we have not in circulation any description of paperrepresenting value that does not bear upon its face the picture of the President, or some SecyTreasury, or some distinguished person, we shall now make a law declaring that the face of no living man shall be upon any of our public securities. I think it properthat our money should be arccord of the persons and events of the times, and I am not willing that the reposition of my friendfrom Pennsylvania abs. 1 prevail. It isvirtually a vote of censure against the several Secretaries of the Treasury, and would require extensive changes in the plates on which our money is now printed. In the discussion of the bill when it passed the House somethings were said which I desire to notice in relation to the person who has been spoken of so slightin ly.
Mr. THAYEIt. llow me to disclaim any such intention as the gentleman imputes to me. I do not believe that the SecyTreesury is responsible for the variety of the human physiognomy which appears upon all this currency.
Mr. GARFIELD. I did not say that the gentleman charged the Secretary with that responsibility.
Mr. THAYER. No; but the gentleman construed what I said as casting a reflection upon the Secretary, and I wish to disclaim that, that is all.
Mr. GARFIELD. Let it be distinctly understood that I made no defense of this particular picture being put on our currency. The point made against the proposition of the Gentlbman from Pennsylvania [Mr. Tunas] was on the general principle that the picture of no living man should be on our currency. Now, I wish to say only aword in answer to the Gentfrom NewYork, [Mr. Bsooxs.] I do not forget that he was the public accuser of Mr. Clark 2 years ago. I do not forget that in his vain attempt to sustain his accusation he stooped to become a public scavenger; he consents to send into the urlieus of the city of Washington, and, throng i his associate in accusation, drag up all thatis foul and spread it out, bedanbing the public archives with a record that the committee would not even consent to have read in their hearin; a record hav 1!? no legal character, but made up in houses of ill fame by a man now infamous by udicial decision. It is on such evidence that the gentfrom NewYork [Mr. BROOKS] under took to make good his outrageous accusations. It was his act of putting such documents on y the public records that linked his name forever with that most disre mtable cons )iracy against the Treasury and topublic ere it. I do not wish to enter into this discussion, but I should suppose the gentlemans recollectionpf his share in those accusations would be to him an thin but gratifyin.
Mr. BROOKS. Mr. Speaker, l “a scavenger, ” the honorable entleman pprbolnici Ohio chooses to call me. I did not at this man into the Treasury Dept. did not make up the records there. They were made by the officers of the Treasury, and as a public man I found those records in the Treasury, and, without adding one word whatsoever, I brought them to the attention of the House. They were verified. They were collected by officers of the Government; and when I found the printing of the public money intrusted to such a rsonage, I felt it in duty to bring that testimony before the public. Sir, many of us in these days, here and elsewhere, are obliged to breathe odors that are offensive to us. We are not responsible for the atmosphere that may surround us. If there be a sewer to cleanse, I did not create that sewer. If there be necessity for a scavenger, I was not the public man who provided the materials for that scavenger to remove from the public eye. ButI saw that the printing of the public money, an immense mass of it, 1,000s and 1,000s of millions of dollars, was intrusted to a man without antecedents, except those that were bad 5 without character, except that which was stamped as bad by public officers of the Government; without history, except that which was corrupt from top to bottom, and I, as a public man, felt it my duty, in defense of the public purse, to proclaim to this House that something was wrong. A report was published, signed by no other person than the honorable Gentfrom Ohio, having a pended to it tesignatures of none of his coleagues on the committee, while the document to which I wrote my name was signed by a number of those who were assoncipatd with me on that committee.
Mr. GARFIELD. the gentleman will allow me to ask him if he does not know that the majority of that committee agreed with me, an if they did not do it in his hearing?
Mr. BROOKS. No, I donot know any such thing. On the contrary, a member of that committee has told me he never agreed to that report, and Governor Fenton, of NewYork, did not sign it, but made out a separate paper.
Mr. GARFIELD. Will the gentleman do me the justice to say that Governor Fenton stated that he agreed with the majority of the committeeto all the parts of the report except one feature of it, the reflection on the NewYork Bank Note Company?
Mr. BROOKS. The report speaks foritself; there itis. It is signed by the Gentfrom Ohio, [Mr. Gsnirini.n] and signed by no other person; while the document to which my name is appended is signed by every man upon that committee who acted with me.
Mr. GARFIELD. The report was notsigned by me; it was not signed at all.
Mr. BROOKS. he name “Garfield” is apended to it. } Mr. GARFIELD. I beg the gentlemans pardon; my name is not signed to;it it is made as the report of the committee.
Mr. INGERSOLL. If a mans reputation will not last longer than these 5 cent notes, it will not amount to much. [Laughter.]
Mr. BALDWIN. I rise to apoint of order, that this debate is not germane to the subject before the House.
Mr. BROOKS. Then I will say nothing further.
Mr. RANDALL, of Pennsylvania. I desire to say a word to bring the debate back to the subject matter under consideration.
The SPEAKER. The Gentfrom Massachusetts Mr. BALDWIN made a point of arder, which must be decided unless it is with rawn.
Mr. BALDWIN. I am not inclined to insist upon it, if the debate goes no further in that direction.
The SPEAKER. The paragraph proposed to be stricken out is as follows; Provided, That hereafter no portrait or likeness of any living person shall beengraved or placed upon any of the unds, securities, notes or postal currency of the U.S. The Chair is of opinion that debate in regard to putting on the currency and bonds of the U.S. the likenesses of living persons would be in order; and that it would involve the propriety of utting on the likenesses of various persons aIready on the currency of the U.S.; thus opening up a wide range of debate.
Mr. RANDALL, of Pennsylvania. I desire to bring back the discussion more nearly to the subjectmatter under consideration. The comBankin and Currency have under consideration at this time a resolution referred to them by the House looking directly to this subject of Mr. Clarks likeness being placed upon this money. It occurs to me that the proper time to consider the subject to which my colleague [Mr. Taurus] has called the at tention of the House will be when that committee shall have made its report; and it also occurs to me that such an amendment as this is not strictly germane to an appropriation bill. Therefore I think it would be Wise for the House to concur in the action of the Senate, and strike this proviso out of this bill. Then, when the ComBanking&Currency report upon the resolution referred to them, this question of the propriety of placing.the likenesses of “living heroes” upon our currency can legitimately come up as an independent proposition for the action of this House.
Mr. STEVENS. I do not know whether it is necessary to call the previous question; I hope it is not, but that we shall come to a vote. I understand that my colleague [Mr. THAYER] is simply opposed to putting the faces of people upon the currency of the U.S. on account of the likelihood that they can be easil counterfeited. Many persons think that of a 1 parts of the human form that which is least examined is the face. I think you better have that there than put on any other part. [Laughter. Ilfr. THAYER. I move that the House nonce ncur in the amendment of the Senate.
The SPEAKER. the question will be upon concurring with the amendment of the Senate; the motion to bring the 2 Houses together taking precedence of the motion to non-concur.
Skip Skip The ComAppropriat recommended that the amendment e concurred in with an amendment striking out the 2nd section. The amendment proposed by the ComAppropriat to strike outthe 2nd section was agreed to. The amendment of the Senate, as amended, was concurred in. Mr. WASHBURNE, of Illinois. mtRtv various votes upon the amendments of the Senate; on the table. Agreed to. Mr. STEVENS. I move that the House appoint a committee to confer with a similar committee of the Senate, with reference to the ltailslugreeing votes of the 2 Houses on this i. The motion was agreed to. ENROLLEDJtResolution SIGNED.
Mr. TROWBRIDGE, from the ComEnrollBill, reported that the committee had examined and found trnl enrolled ajoint. resolution (H.R.No. 57) authorizin the Sec retaries of War and the Navy to ace hulks and vessels at the disposal of commissioners of quarantine, or other properauthorities at ports of the U.S. for one year; whereupon the Speaker signed the some. REPORTS OF REVENUE COMMISSION.
Mr. MORRILL, by unanimous consent, submitted the following resolution: Ilelnlved. That there be printed for the useof the House. 20,000 extra copies and for the use of the Treasury Dept 2000 copiesof the following special reports of the U.S. revenue commissioners: Report on distilled spirits. petroleum, proprietary medicines. kc; O“nmthye: influenceof the duplication of taxation on. d On the relations of foreign trade to domestic in nstr; On iron and steel; 8n wool; I n copperand zinc: Selections from the testimony relative to the development of the cotton trade industryan The report to the commissionon the taxation and manufactureof miilt liquors in Europe and that the Public Printer be ihstructed to reserve from the extra copies ordered for the House. 10,000 copies and from the copies ordered for the Treasury Dept. 1000co iics and to bind the same in conucction with the ot ier General and special reports of the commission in such a manner as to presentall the reports of the commission complete in one Volume: and the printer is authorized to print any additional copies of the reports heretofore ordered necessary to make 10,000 complete sets.
Skip Skip MESSAGE FROM THE SENATE. Amessage was received from the Senate, by Mr. FORNEY. its Secretary. notifying the House that that body had passed bills of the following titles, in which e was directed to ask the concurrence of the House: An act (S.No.38) to authorize the construction of a bridge across the Mississippi river, at the city of StLouis,State of Missouri and at the city of East StLouis, State of Illinois; An act (S.No.168) to provide for the disposal of certain lands therein named; and An act (S.No.179) in relation to the district courts of the U.S. in the State of California.
Mr. WASHBURNE, of Illinois. I hope the Gentfrom Pennsylvania [Mr. Srn vsss will move to dispense with the night session, as I think we have done a very good days work.
Mr. STEVENS. I make that motion. The motion was agreed to. RETIRED LIST.
Mr. TAYLOR, by unanimous consent, submitted the followuig resolution; which was read, considered, and agreed to: Resolved.That the ComInvalidPens be requestedto inquiro into the expediencyof la being cfliccrsof the volunteer service.totally disaiiled while in the line of their duty. ontheArmy retired int, and to report by bill or otherwise. JAMES SHAW, and OTHERS. On motion of
Mr. LATHAM, leave was anted for the withdrawal from the files of the case of the papers of James Shaw, and others, for compensation for horses taken by militaflry authority, on condition that copies were e.
Skip Skip LEAVE or ABSENCE. On motion of Mr. FARQUHAR, leave of absence was granted to Mr. Duuoxr fortwo weeks. (momma.
Mr. McKEE, by unanimous consent, introduced aJtResolution providing for the appointment by the SecyWar. under the direction of the Surgeon General. of a commission to visit Constantine ple and inquire into the best means to preventthe spread of cholera and for other purposes; which was read a 1st and 2nd time and referred to the ComForAffrs.
Skip Skip LEAVE OF ABSENCE. On motion of Mr. WRIGHT, leave of absence was granted to Mr. WARian for 2 weeks. MICHIGAN WAGON ROADS.
Mr. DRIGGS. by unanimous consent, introduced a bill to amend an not entitled “ An act grunting lands to the State of Michigan for the construction of certain wagon roads for military and ostal purposes.” approvedJune 20, 1864;
Skip Skip which was read a 1st and 2nd time and referred to the ComPubLands. Mr. WASHBURNE, of Illinois, mtRtv the bill was referred; upon the table. Agreed to. MARY CUNNINGHAM. On motion of
Mr. WILLIAMS, leave was granted for the withdrawal from the files of the House of the petitions and papers of Mary Fanningham, on condition that copies were e and then on motionof mr. WASHBURNE, of Illinois, (at 4 oclock and 15 minutes, p. m.) the House adjourned.
Mr. A. F. Burslcy. widow of Lieutenant Charles M. Bursley. inte of 3rd regimentMaine volunteers, for increase of pension. By Mr. SMITH: The petition of John L. Magoo 3f Cyutliliinna. Kentucky. for property destroy during the war. Also. petitions of Henry Johnson. J. F. Wurc. C. Walton. John Bruce J. S. Frizell. W. W. Trimhlo, W. A. Stewart. Frank Box. J. E. Dickey. T. Del ling and wife. M. Strcufcls and H. C. Febel, for samepurpose., By Mr. SPALDING: the petition of Carlton & Leo and many others.citizens of Ohio. in respectto the regulation of insurance. By Mr. STEVENS: The petition of hrcwers in the 10th district of Pennsylviinia. praying for a reduction of the duty on Canadian barley. By Mr. wASHBURNE. of Illinois: The petition of sundry citizensof Illinois. Nsking legislation by (“on gficis folithe regulation of interState insurances of a in a Also. the petition of sundry dressmakersin the cities of NewYork and Brooklyri. for a revision of the revenuelaw in referenceto their Drfllqff Mil"m
@@@IN SENATE SENATE. FRIDAY, March 23, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved. DEFICIENCY CivilWar.
Skip Skip A message from the HoRep, by Mr. McPnsnson, its Clerk, announced that the HoRep had agreed to some and disagree to other amendments of the Senate to the bill of the House (H.R.No. 86) making additional appropriations and to supply de ciencies in the appropriations for sundry civil expenses of the government, for the fiscal year ending the 80th of June, 1866, and for other purposes, and had agreed to other amendments of the Senate to the said bill with amendments; asked a conference on the disagreeing votes of the 2 Houses thereon, and appointed Mr. Tnannuus Srnvsxs of Pennsyl vanin, Mr. Eunu B. wASHBURNE of Illinois, and Mr. Burns P. SPALDING of Ohio, mana gers at the same on its art.
Mr. FESSENDEN. I move that the Senate insist on its amendments disagreed to by the House, and that the conference he rants and the conferees be appointed by the hair. The motion was agreed to.
Mr. ANTHONY. I should like to know what the differences are.
Mr. CONNESS. They are very extensive. I believe the House have only concurred in 2 of our amendments.
The PRESIDENT protempore a pointed Messrs. Fassuunsu, (fdsssss, and fiinssos, the committee on the part of the Senate. EXECUTIVE COMMUNICATIONS.
The President protempore laid before the Senate a report of the SecyWar, communicating, in obedience to a resolution of the Senate of the 9th instant, information in relation to legislation necessary to fix and establish the position of the Chicago and RockIsland railroad at RockIsland, Illinois, so as to enable the War Dept to occupy that island for military purposes; which, on motion of
Mr. Wilson, was referred to the ComMilAffrs . ACADEMY OF SCIENCES.
The President protempore also laid before the Senate a communication of the VEEP of the National Academy of sciences transmitting, in obedience to law, a report of the operations okthat society during the past {car; which was ordered to lie on the table, and e printed.
Mr. CLARK, from the ComClaims, to whom was referred the etition of Marie Genand, sole heir of John findry, praying to be reimbursed for money advanced and expfnded in 1814 and 1815 by Hndry for the U.S., submitted an adverse report; which was ordered to be printed.
Mr. HENDERSON, from the ComClaims, to whom was referred the petition of George D. C. Hibbs, praying to be allowed the difference between his pay of a 1st class clerk and the amount he received as a messenger in the Pension Office, submitted an adverse report; which was ordered to be printed.
Mr. STOCKTON, from the ComPensions, to whom was referred a bill (H.R.No. 219) for the relief of Catharine Mock, reported it with an amendment, and submitted a report; which was ordered to be printed.
Mr. POMEROY, from the ComPubLands, to whom the subject was referred, reported a bill (S.No.221) relating to lands granted to the State of Minnesotato aidin constructing railroads; which was read and passed to a 2nd reading. He also. from the same committee, towhom was referred a bill (S.No.193) to amend an not entitled “An act granting land to the State of Michigan to aid in building a harbor and shipeanal at Portage Lake, lieweenaw Point, Lake Superior, ” approved March 3, 1866, reported it with an amendment.
Mr. ANTHONY, from the ComClaims, to whom was referred the petition of the Amoskeag Manufacturing Company, praying for compensation for 3 regimental cook wagons furnished the Army by order of MajorGenlFremont, commanding the Western Dept, submitted a report, accompanied by a bill, No. 225) for the relief of the Amoskeag anufacturing Company. The bill was read, and passed to a.2nd reading, and the report was ordered to be printed. MARINE HOSPITALS and REVENUE CUTTERS. The Senate proceeded to consider its amendments to the bill of the HoRep (H.R.No. 184) to authorize the sale of marine hospitals and revenue cutters, disagreed to by the HoRep; and On motion of
Mr. CHANDLER, it was Resolved, That the Senate insist upon its amembments to the said bill. disagreedto by the HoRep and ask a committee of conference on the disagreeingvotesof the 2 Houses thereon. Ordered, That the manaers on the part of the Senatebe appointed by the resident protempore.
The President protempore appomted Messrs. Cwnnna, SHERMAN, and NESMITH. BILLS INTRODUCED.
Mr. CHANDLER asked, and by unanimous consent obtained, leave to introduce n bill (S.No.222) further to prevent smuggling, and for other purposes; which was read twice by its title, referred to. the ComCommerce, and ordered to be printed.
Mr. WILSON asked, and by unanimous consent obtained, leave to intro use a JtResolution (S.R.No. 51) respecting bounties to colored soldiers; which was read twice by its title, and referred to the ComMilAffrs .
Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S. N 0. 22:3)to revive and extend the provisions of an act ranting theright of way and making a rant of land to the States of Arkansas and Missourito aid in the construction of a railroad from apointu on the Mississippi opposite the mouth of the Chic river via Little ock, to the Texas boundary near Fulton, inArkan see, with branches to Fort Smith and the mississippi river, approved February 19, 1853, and for other purposes; which was read twice by its title, referred to the ComPubLands, and ordered to be printed. He also asked, and by unanimous consent obtained, leave to introduce a bill (S.No.224 to aid in the construction of a southern brauc of the Union Pacific railway and telegraph and to secure to the Government the use of the same for postal, military, and other purposes, which was read twice by its title reerred to the ComPacRailroad, and ordered to be printed.
Mr. MORRILL aske, and by unanimous consent obtained leave to introduce a JtResolution (S.R.no. 52) authorizing the SecyTreasury to change the name of the steamboat City of Richmond to City of Portland; which was read twice by its title, and referred to the ComCommerce.
Mr. YATES asked, and by unanimous consent obtained, leave to introduce a hill (S.No.226) to reeal section ten of an act to amend the 7 s acts heretofore passed to provide for enrollingand calling ont the nationa forces, and for other purposes; which was read twice by its title, and referred to the ComMilAffrs . Mr.rMORRILL asked, and by unanimous consent obtained, leave to introduce a bill (S.No.227) to incorporate the Washington Glass Company; which was read twice by its title, and referred to the ComDistCol.
Mr. BROWN asked, and by unanimous consent obtained, leave to introduces bill (S.No.228) donating public lands to the American Forest Tree Propagation and Land Company for conducting experiments and disseminating information respecting forest tree culture, calcu lated to prevent the destruction and encourage the production of forests in America; which was read twice by its title, and referred to the ComPubLands, and ordered tobe printed., o. EXPEDITION to CHILI.
Mr. ANTHONY. The ComPrintg, who were instructed to inquire into the expediency of continuing the publication of the report of the U.S. naval astronomical expedition to Chili, have instructed me to report a resolution on that subject, and I will ask or its present consideration. There being no objection, the Senate proceeded to consider the following resolution: Rewloed, Thot tho further publication of the observations of the U.S. naval astronomical ox edition to Chili for the use of the Squats, of the SecyNavy, and of the superintendent of the expedition. as authorized by a resolution of the Senate of August 2. 1854, be, an the sameis hereby, discontinued.
Mr. ANTHONY. In reporting this resolution the committee do not wish to be under stood as undervaluing in any respect the importance of this report, which is very creditable to those engaged in it, and we have no doubt highly advantageous to science, nor are we at all indifferent to the abstract scientific investigations, but the resolution is reported merely on account of the great expense, it costing nearly $50,000 to continue it, and in the present condition of the Treasury it is not thought proper to continue the publication.
Skip Skip The resolution was adopted. NORTHERN KANSAS RAILROAD
Mr. LANE, of Kansas. I ask the consent of the Senate to dispose of the motion to reconsider the bill (S.No.145) for agrant of lands to the State of Kansas to aid in the construction of the Northern Kansas railroad and telegraph, which has been returned by the HoRep in compliance with a resolution from the Senate. Itwill not take an instant. I move to take up that question. The motion was agreed to.
The President protem are. The Senfrom Kansas moves thatt eSenate reconsider its vote passing this bill. The motion was agreed to. The President protempore. The senator now moves that the vote of the Senate ordering the bill to be engrossed and read a 3rd time be reconsidered. The motion was agreed to.
The President protempore. The bill is now before the Senate and open to amendment.
Mr. LANE, of Kansas. I move now to amend the bill by striking out the words “ in Kansas.” where they occur in line 9.
Mr. POMEROY. There was an error by which those words were put in the wrong line. The words “in Kansas should be stricken out in line 9and inserted in line ten, section one, so as to make the section read: That there be and hereby is, granted to the State Kansas for the purpose of aiding in the construction of the Northern Kansas railroad. to wit. from Elwood. on the Missouririyer. in Kansas and opposite the city of StJoseph. in the State of MissouriHut through Marysville to 11Junction With the Pmb cifle railroad, every alternate sectionof land in Kansas designated by odd numbers, 6:0. The amendment was agreed to. the bill was orderengross for a 3rd reading, and was read the 3rd time, and passed. RESERVED SEATS IN GALLERY.
Mr. RIDDLE. A few days ago some 30 Senators requested the Sergeant at Arms to as sign reserved seats in the gallery for Senators Representatives, and their wives and families. I now offer a resolution to that effect as the Sergeant at Arms does not feel authorized to do it atour simple request: Remlwd That the Sergeant nt Arms of the Senate O directed to assign reserved seats in the sailor for mesators. Representatives and their wives and a
The President protempore. objection being made, the resolution lies ever an or the rules. WELLINGTON and DORSEY.
Mr. CONNESS. I move that the Senate proceed to the consideration of the bill reported by me the day before yesterday from the ComPostOffices senate bill No. 210. The motion was agreed to; and the bill (S.No.210) for the relief of Wellington & Dorsey was read the 2nd time, and considered as in ComWhole. It proposes to direct the PostMGenl to pay to Dan iel wellin ton and J. C. Dorsey, composinv the firm oigWellington & Dorsey, the sum of $10, 437 50 for extra services rendered in carrying the U.S. mails on route No. 14602, between the towns of Carson City and Aurora, in the State of Nevada, from July 1, 1862, to June 30, 1805.
Mr. CONNESS. I ask for the reading of the report.
The Secretary read the followmg report: The ComPostOffices. to whom was referred the memorial of Wellington & Dorse for relief. begleave to report as follows: In uly.1862. the contraot for oarrying the mail once awcekfrom Carson Cit. NevadaJpAurora. on route 14602w. as awarded to Vicks 6: Miller at acompeu sationof 84.60operannum. Forsomorenson unknown the contractors failed to fulfill their contract. This route was the only one which afiordedmail communication to the town of Aurora. then. as now. aprps porous and busy mining town. Upon thesolicitation of citizens and postmasters.Messrs. Wellington & Dorsey commencedto fulfill the contract forfeitedby Wicks 5: Miller. By that time. however, the wants and demands for increased mnil facilities becameso eat. consequent upon the greatly increased popu atio n ofAurora and the discoveryptrich mines in its Vicinity. that thesepetitioners yielded to the so licitation of the people and carried the mail 3 times perweekfor oneyearand ten months.anddaily for clcven months. The postofficeDeptpaid them at the rate agreed upon by Wicks 5: Miller for a weekly service and they now ask Congressto pay themfor their extra serviceatthesamerates atwhic the Dept has(since)contractedfor carrying a triwec ly and daily ninil overthesameroute. The amonntcluimedis$20, 875.In ricwof the facts. all of which have beenwell authenticated by papers from the Dept and other sources.the committee offerthe accompanyinghill.
Mr. CLARK. I should like to inquire of some one who may know, how much money this bill will take out of the Treasu.
Mr. CONNESS. That is stated in the bill. It appropriates $10, 437 50, which is half of what the contractors claim, and half of what the service would entitle them to if it had been regularly authorized by the Dept. The Dept sa that evidence is on file with them, furnishe by postmasters, that the service was performed, and that it was necessary, and even a muchneeded service. There is no doubt on that point. The service was performed in Nevada, not in California, in a mountain region where the cost of the service was very much enhanced.
Mr. CONNESS. The reportstates. I have here a letter from the 2nd Asst PostMGenl on the subject, the substance of which is embodied in the report. We concluded, on full examination of the case, that by a reeing to pay 1/2 the amount charged the Dept and the people got a very cheap service, and that under the circumstances it would be a sufficient compensation to these parties. They performed a very valuable and a very costly service. There is no doubt that it was needed. Of course there is no power in the Dept to pay unless the appropriation be made.
Mr. CLARK. I understand it was entirely a voluntar service. I inquire of the Senfrom california whether there was any recommendation or intimation on the part of the postoffice authorities that the service was desirable to be performed before these gentlemen undertook to do it.
Mr. CONNESS. I believe it grew up like all the service or a great portion of the service in all the new States and Territories. Before arrangements can be made to get the authorization of service by the Dept the necessity becomes so great that telocal postmasters and ostal agents are intrusted with discretion to allow service in those cases. This service was authorized by all these parties belonging to the postoffice Dept. It was not authorized from the Dept here, but the Dept are of the opinion that it was val uable service, that it was well performed, and that the contractors or performers of the service are entitled to compensation, and, as I we cut their compensation down just one a
Mr. NYE. I wish to suggest to the Senator that when this service was performed I lived at one end of the line. A year ago the postoffice Dept made arrangements by which they premded for this service. The parties.did the service on the recommendation of the postmasters there and the ostal agent, with assur ances that they would lie paid.
Mr. CONNESS. This is only half the rate now authorized by the present contract.
Mr. NYE. This is but half the rate the postoffice Dept pay s.
Mr. CLARK. 1 db not know that I an opposed to this particular bill; but it seemed to me that it was a dangerous kind of legislation, that parties undertaking todo a service entirely volunta, coming to the Government, are to be allowe a certain sum, and then it is made a matter for the passage of the bill that we only allow them half what they char cl Is it understood that these parties taket is allowance in full for what they claim?
Mr. CLARK. I desire to have the bill so amended that it shall say that it is in full, so that we shall not be troubled with another edition.
Mr. CONNESS. You will not be. They are not of that class to make that kind of trouble.
Mr. CLARK. I move to amend the bill by adding “which shall be in full for all claims and demands for such service.” The amendment was agreed to.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. DISTRICT COURT IN MINNESOTA.
Mr. STEWART. I move to take up Senate bill No. 107, to provide for a term of the district court for the district of Minnesota, to be held at the city of Wine na, in said district. The motion was agreed to; and the Senate, as in ComWhole, proceeded to consider the bill. It propose s to rees] the laws providing for holding a term of the court at Mankato, and to require a term to be heard annually on the 1st onday in Ju] ne at Wi nona.
Mr. STEWART. I offer an amendment to add at the end of the 1st section: and all process, writs or recognizances.civil and criminal. which may have beenor may hereafter be issuedand madereturnable nt Mnnkuto shall be returned to the said term of the said court at the said city of Wine na. in like manner and with the like effectasif originally made returnable thereto. The amendment was agreed to.
Skip Skip The bill was reported to the Senate as amended, and the ainendmentwas concurred in.
Skip Skip The bill was orderengross for a 3rd reading, was read the 3rd time, and passed. LEAVENWORTH, LAWRENCE, ETC., RAILROAD.
Mr. LANE, of Kansas. I move that the Senate proceed to the consideration of Senate bill No. 119, reported by the ComPacificRR. The motion was agreed to; and the hill (8. No. 119) grantin lands to the Leavenworth, Lawrence, and Iiort Gibson Railroad company to aid in extending their railroadand telegraph line from the southern boundary of Kansas to the northern boundary of Texas, in the direction of Galveston bay, was considered as in ComWhole. The bill was read at length. Senfrom NEWJERSEY.
The President protempore. The morning hour having expired. it becomes the duty of the Chair to call up the unfinished business of yesterday, which is the resolution reported by the ComJudiciary in reference to the case of the Senfrom NewJersey, the pending question being on the amendment of teSenfrom NewHampshire, [Mr. CLARK;] and on this question the Senfrom Wisconsin lgMr. Hows] is entitled to the floor.
Mr. MCDOUGALL. The Senator will allow me to inquire if that joint meeting was not “ the Legislature” denominated in the Constitution of the U.S.?
Mr. MCDOUGALL. I should like to hear it answered.
Mr. HOWE. It is not at all the Legislature denominated in the Constitution. The legislature referred, to in the Constitution is tint tribunal in which is vested the lawmaking power.
Mr. STOCKTON. I should like to ask the Senatoraquestion.
Mr. MCDOUGALL. Will the Senator allow me to ask him aquestion?
Mr. MCDOUGALL. I should like to inquire of the Senfrom Wisconsin whether it has not become a policy, that involves a rule of interpretation, to allow elections by pluralities instead of majority. Docsit not belong to our system of elections from the precedent genererally throughout our Government, not majorities? Is not pluralityt pluralities e rule 0tI construction. instead of majority?
Mr. HOWE. If the question is put to me, I must answer very direct y, in my judgment no. Whenever a plurality does control a majority, I understand it to be by force of express law, by force of positive enactment controlling both minorities and majorities.
Mr. MCDOUGALL. One moment, if you please. It is a rule of policy.
Mr. FESSENDEN. Allowime to ask my friend aquestion. 15
Mr. FESSENDEN. Suppose that the 2 branches of the Legislature, when they passed the resolution to go into convention, had at the same time, as a part of it, said, “The individ us] who shall receive a inzijorit of all the votes thrown shall lie elected, and they had then gone into convention, could the convention have overruled that and elected by a plurality?
Mr. FESSENDEN. If they are, as contended, the Legislature in convention, having the right to make regulations, why not? The Legislature can repeal a law of the Legislature.
Mr. HOWE. But I do not contend that they are the Legislature. I contend that they are not.
Mr. FESSENDEN. That 1.8 the argument addressed to you from the other side, that they are the Legislature in convention.
Mr. HOWE. I thought the Senator was criticising something I had said.
Mr. FESSENDEN. No, sir; I merely wanted to suggest that.
Mr. STOCKTON. May I have the courtesy of the floor for a moment? I
Mr. STOCKTON. it is the Legislature for the purpose of electing and for the purpose of prescribing time, place, and manner of electing, because it is teLegislature referred to in these 2 clauses of the Constitution of the U.S. it is not the lawmakin power of the State of NewJersey. That is the distinction.
Mr. FESSENDEN. The Senator contends that because the constitution of NewJersey uses the expression, “the Legislature in joint meeting, ” when they are in joint meeting on that subject they have the power of legislation, i the power to make rules. That is what the Senator contends for, is it not? 7
Mr. STOCKTON. Not entirely. It is this: the Constitution of the U.S. declares that the Legislature shall choose, and that the Legislature shall prescribe the manner of choosing. The constitution of NewJersey alone has the right to say what the Legislature of NewJerse is. It says the Legislature is still the Legislhture when in joint meeting. Now, Mr. President, the construction given to the constitution of the U.S. declares that the joint meeting is the Legislature, as well as the constitution of NewJersey, so that both constitutions regard the joint meeting as the Legislature forcliodsing Senators and for prescribing the manner of choosing. ltis not. however, the Legislature of NewJerse for the purpose of making the laws of NewJersey.
Mr. HOWE. Let me ask the Senator a question. In order to know what the Senator means by calling this convention the Legislature in joint meeting, I wish to ask him if be understands that under the constitution of the State fllOBB 2 Houses.in joint meeting can pass a aw.
Mr. FESSENDEN. Now, I want to ask my question, if the Senator will excuse me.
Mr. FESSENDEN. I put this question: suppose the 2 branches of the Legislature. when they voted to go into joint meeting, had also voted that ine rder to elect there should be a majority; suppose they had made that part of the resolution by which they went into convention, could the joint meeting, after it got into convention, have overruled that and elected by a plurality?
Mr. STOCKTON. That is a question which is not directly involved in this matter; but I will answer that my opinion is that the joint meetin could not have set that law aside.
Mr. FESSENDEN. If they are still the Legislature in joint meeting, if they are the Legislature for the purpose of making rules, why not overrule it?
Mr. STOCKTON. They are not the lawmaking power in joint meeting.
Mr. "SSENDEN. Butthe gentleman contends that they can make rules. Now, I ask him ifa different rule had been made by the 2 branches before they went in, prescribing the manner, could that meeting overrule it.
Mr. STOCKTON. I answer most distinctly, that in my opinion, it could not; but the fact is a different rule was not made.
Mr. FESSENDEN. What is the difference, if they have the power to make it?
Mr. STOCKTON. No rule as to the number of voices necessary to a choice was made by law iu NewJersey ever. That always has been settled by regulation. It is by parliamentary law, under the very power by which they made a different rule, that the rule existed. hat is my position. It
Mr. CLARK. That is by express law of the State. I
Mr. HENDRICKS. No, sir; not by express law of the State. There is a provision in the law that the party receiving the highest vote shall receive a certificate of election. That is the only provision of law upon the subject, and that is a provision in regard to the evidence of election.
Mr. HENDRICKS. Now, let me call the attention of Senators to another provision: “The HoRep shall choose their Speaker and other officers.” The Senfrom Maine says that when a body is authorized simply to choose, the parliamentary law governs them in making the choice. The Constitution of the U.S. confers upon the HoRep the power to choose. I ask the Senator, then, does the parliamentary law go into the House and govern the House in making the choice. The constitution of the U.S. conferred upon this joint meetin the power to choose a eu ator. That is mitte; it is controlled by too many precedents in this body to be questioned. The Constitution authorized that joint meeting to choose a Senator. The Constitution says that the HoRep may choose a Speaker. Parliamentary law goes into the House then, and says that choice must be made by a majority; that is the argument of the Son ator, and yet, in 2 very memorable instances, less than a majorit of the House did elect a Speaker.
Mr. owell Cobb was elected Speaker by receiving 102votes out of 222;
Mr. P. Banks was elected Speaker by receiving 103 votes out of 214; and the elections were not questioned, and could not be questioned, and wh I
Mr. SHERMAN. It was questioned and very much debated, but at the same time the decision was arrived at that the majority vote which authorized the plurality vote was an agreement to acquiese e in the result produced by the plurality rule. It was however, questioned and debated very muc.
Mr. HENDRICKS. It was debated, I dare say; but how did the House come to elect a Speaker by less than a majority? Not that the Constitution authorized it, for the Constitution simply said to them, choose your Speaker. The argument of Senators is, that in doing that act par iamentary law came in and controlled the action, and required a majority; but the House did not so construe its powersit prescribed the rule that a lurality should elect, and rescribing it the election was held to be valirf Those distinguished men held their offices under an election by a pluralit. That is precisely analogous to this case. the power of the Constitution went down to the joint meeting of the Legislature of NewJersey to choose a Senator. That is admitted. How choose him? Choose him according to its own mode. The Senfrom Maine asked a question yesterday of the distinguished Senfrom Maryland, the force of which I cannot understand. He asked the question whether a regulation could be presgibed by thatjoint meeting excluding the vote of the residing otheer. In reply to that, I ask the Senator can the Legislature, acting in its separate branches, prescribe a regulation which will cut off the vote of any member of the Legislature?
Mr. HENDRICKS. Certainly not. Then there is no force in the argument. Mr.FESSENDEN. The Senfrom Maryland said the could.
Mr. HEN HICKS. Butitis not questioned that the joint meeting has the power to choose the Senator. Then, sir, Mr. Cusliing lays it down that in making that choice it can prescribe the regulations, and among the regulations which it may prescribe is one as to the number of votes required to make the selection. But, sir, suppose parliamentary law did not confer this power in on the joint meeting. suppose Cashing and alauthority was not that way, yet what was the parliamentary law for that joint meetin? Suppose that for 200 years in England and doing our history the parliamentary law had been that to do an act a majority must agree to it. Suppose that to be the common law, it is not the common law of the joint meeting of the Legislature of NewJersey, an institution known there before the adoption of the Constitution of the U.S. The history of NewJersey in that re gard is somewhat peculiar. Before the adoption of the Constitution of the U.S. 2 joint meeting of the Legislature was known to her institutions.
Mr. FESSENDEN. I ask the Senator, was it ever known in her institutions to elect by a plurality vote an Officer.
Mr. HENDRICKS. I do not know of any instance in which NewJersey elected by a plurality vote; I have not examined in rerd to that; but I understand the Senator to a mit that Ithe 2 branches of the Legislature of NewJerse y actin separately could prescribe a rule under whig a plurality might elect. He admits the fact that a plurality can elect. Now, I come to the question, under the law which governed the joint mectin of NewJersey, could that joint meeting a opt a rule in advance by which a plurality could elect? I say it could, for the simple reason that for 75 years the mode of conducting its business had been rescribed by that joint meeting. In 1794 the rat set of rules were adopted.
Mr. CLARK. Allow me to inquire whether in all the 75 years they undertook to do a thing of this kind.
Mr. CONNESS. Will my friend, the Senfrom Indiana, allow me a suggestion I
Mr. CONNESS. In the election lof my colleague, in 1861, the legislative bod voted in joint convention, as in the State of NewJersey, and the result of the vote was (declared to be a majority in his favor, and the preSiding officer declared him duly elected a Senator of the U.S. from the State of California for 6 years.from March 4, 1861, and the jonit convention dissolved and adjourned. But it was found after that election was declared that less than a majority had really voted for him, that there was an error in the count; in other words, that there was a majority cast against him or for other candidates. I believe I am quite certain of that the Senator obtained his certificate of election. But the Legislature took the position immediately that that was not an election, and a new convention was ordered, the Legislature calling upon him for his 1st certificate before they would give him a new one or consider the question of his 2nd election; and it was by virtue of his credentials issued upon the 2nd election that he now occupies his seat in the Senate. I make this statement applicable to the point the Senfrom Indiana is now discussing.
Mr. HENDRICKS. Upon the statement made by the distinguished Senfrom California, I should say that his colleague was well elected to the Senate.
Mr. CONNESS. But that does not touch the case: that hardl reaches the argument.
Mr. HENDRICKS. If the vote was an nounced to the convention, and there was, no question of the announcement at the time, I say it was acquiese ed in by that body.
Mr. CONNESS. There was not.in the case that I state.
The President protempore. Is the senate ready for the question on the amendment?
Mr. TRUMBU L. Mr. President, if no other Senator designs saying anything, I in conclusion desire to say a few words in behalf of the report of the committee which I preseated.
Mr. CLARK. If the Senfrom Illinois proposes to speak on this prosition, I wish to suggest that I suppose that am entitled to close the debate on the amendment.
Mr. TRUMBULL. it is the 1st time I ever knew in a arliamentary body that a person who opposed the report of the committee had the close of the debate. I supposed that by all parliamentary rules the chairman of the committee who submits a proposition to the Senate or to any irliamentary body was entitled, to close the de ate. I do not think, however, it is very important. If the Senfrom NewHampshire desires to follow me, he may do so. It is not a matter that I shall have any controversy with him about; but I understand the usage to be the other way.
Mr. CLARK, The Senator entirely misunderstands me. I did not claim the right to close the debate. I said upon this proposition, which does not close the debate, I should be entitled to close, and I make that remark that there may be no misunderstandin on the part of the Senator, so that if he may {Es his argument now, he may know that on this affirmative proposition of amendment I shall be entitled to close. I do not say that he is not entitled to close the entire debate by any means.
Mr. TRUMBULL. That is a mere begging of words. The Senfrom NewHampshire knows that the whole question is involved in the proposition now before the Senate. if the Senate votes that he is not entitled to his seat, does it not settle whether he is entitled to it or not? It is merely putting in a word to take the vote in another form; it involves the whole merits of the question. It is not a side issue; it is not a demurrer; it is a proposition oing to the whole matters inquestion. But am going to have no discussion with the Senfrom NewHampshire on this point. I shall say nothing that I do not wish to have met and controverted, if it be not correct.
Mr. CLARK. I do not propose, and dlfl 119 propose, to take from the Senfrom Illinois, .oa is“. O Dirt., v as I said, any right to close this debate: but he well knows that here are 2 distinct propositions, that we may amend this resolution in the manner in which I propose, and then if we do not go on and take another distinct and aflirmative vote, it does not affect the Senators seat. It was just the course pursued with the Senators from Indiana, as the Senator well knows, where he himself made the motion to amend. But I will go on now and leave him to close the debate, if that is understood to be the close of the debate.
Mr. TRUMBULL. I desire to make some remarks in closing. I was waiting until senators were through, but this is a matter entirely of courtesy between Senators.
Mr. CLARK. Knowin what is the desire of the Senator, I cheerful y yield, and will go on with what I have to say.
Mr. FESSENDEN. Iwill state to the Senfrom Illinois that the rule does not exist to any sort of extent unless gentlemen please. I was to close the debate on a subject the other day by particular understanding, and after that half a dozen Senators discussed it for 2 hours or more. It is onlya matter sometimes under stood and acted upon, sometimes not.
Mr. TRUMBULL. I understand it is entirely a matter of courtesy in the Senate. Any arson can 5 eak in this body at any time; but Yhave nlreat y stated that I understand it to be the usage and the propriety of the thing to leave to the person who has charge of a bill or measure, wro reports it to the Senate, the conclusion of the argument. There is a sort of proriety in it. I certainly claim no right about it. I have said 2 or 3 times that I was quite ready to proceed, but if others desire to discuss it I rather preferred they should do so now, because I made the report and I thought I would speak but once upon the question; but that is a matter that I have no controversy with anybody about. I shall not go on now if anybody is ready to take the floor. If not, I can say what I have to sa.
Mr. FESSENDE;. If the Senator had Opened the debate, so that we knew his grounds in detail, he might properly have closed, but he did not do that.
Mr. TRUMBULL. Certainly I wrote awrit ten report, giving my views, which was read to the Senate. presented my views in the report in writing.
Mr. FESSENDEN. I have only stated the course that was pursued toward me some days a o.
Mr.TRUMBULL. I do hope that in the Senate of the U.S. Senators are not governed by a 1st or a last speech to the body; and if the Senfrom Maine desires to reply to anything I shall be willing to hear him.
Mr. CLARK. If the Senfrom Illinois will yield me the floor, I will proceed with what I have to say; it is not.very much and I will not take very long. In the course of the debate yesterday, the Senfrom Maryland used this remarkable language: if"mIycfroiennsiddsewrhthoitsakaevery serious interference, and adifferentview will permitme to sayso, a very unconstitutional attemptto interfere with the rights of the States." I do not suppose the Senfrom Maryland intended discourteously to charge the Senfrom Maine and myself with unconstitutionally interfering with the rights of the State of NewJersey.
Mr. JOHNSON. Not intentionally; certainly not; but I believe you do in point of act.
Mr. STOCKTON. I submit that a majority was required, but not by any law of the State; it was by the arliamentary law.
Mr. CLAR C. B the practice of the State?
Mr. CLARK. A custom for 75 years. That would seem to make law. By the common law which in the absence of stut ute law is the law of the land, by the parlia mentary law, and by custom a majority was required. Th. STOCKTON. I beg the gentleman to understand me. A majority was required not by the common law of the land. That was not the common law of the State of NewJersey. The statute law of the State makes the general clections of the State under the plurality vote. It is because it is a parliamentary body, and governed by parliamentary law, that in the absence of any special regulation they are obliged to elect by a majority.
Mr. CRAGIN. There is one view of this case that has made some impression on my mind that I have not heard distinctly brought out in this discussion, and I beg to detain the Senate for a very few minutes while I state it. I understood the Senfrom NewJersey a few moments ago, in reply to a question put to him by the Senfrom Maine, to admit that if there had been a law of NewJersey upon the statute book requiring in this election a majority, this convention could not have elected by a lurality. My view is, that there is a law on he statute book of NewJersey Virtually requiring a majority to elect a Senator. The law upon the statute book of NewJersey providing or this joint convention for the election of a Senator was passed in 1790, if I am correctly informed.
Mr. CONNESS. I wish simply to read 2 very short sections from the statutes of California relating to the election of Senators and providing for them, which I shall do for the purpose of showing the interpretation of the legislature of that State of the provision of the Federal Constitution providing for the election of Senators of the U.S. An act was passed, April 14, 1865, prescribing the manner of electing U.S. Senators. The 3rd section of that act reads thus: “A majority of all the votes given shall be neccesary to elect a.Senator." That is the whole section. The 4th section is as follows: “The joint convention shall do no net. 0100 t to adjourn. during the absenceof a majority of a l the members elect of either the Senateor Assembly: and the withdrawal of such majority shall causea.dissolution of the joint convention." This statute being the interrotation by that State of the Constitution of the U.S. relating to the election of Senators, I read it as being in support of the vote that I shall give on this subject, agreeing also, as it does, with the views well and clearly expressed by other senators better, perhaps, than I should be able to express them, and not beirig desirous of consuming any of the time of this body, but coming to a vote.
Mr. HOWE. If the Senatorhvill allow me, suppose the majority had agreed to select a Senator by lot, and the lot had fallen on the gentleman, would that have been an act of the majority?.
Mr. FESSENDEN. Couldthemajorityhave voted to reconsider and then rejected him?
Mr. COWAN. I have no doubt of it. undoubtedly a.majority of a body can reconsider a vote of the body.
Mr. FESSENDEN. Were they not bound by it?
Mr. COWAN. They were bound by their honor only to abide the plurality rule, but there was no tribunal to coerce them to do so or to compel them to certify their final action, however improper their refusal to do might have been, simply because they were bound by no law in the premises excc it their own. Still, we are not to meet that itiienlty, as they did not repudiate their own action. but consum mated it by reporting it, and by so doing relieved it of all doubts ofevery kind as to whether or not it was their act or the act of a majority of them.
Mr. TRUMBULL. Havin, as the organ of the ComJudiciary, made a report to the Senate, in which we came to the conclusion that the Senfrom NewJersey, whose right to a seat was questioned, was entitled to is sent, and having arrived at that conclusion after as carefulan investigation of the question as I and those who were associated with me were capable of makin, I consider it incumbent upon me to state, a r this somewhat protracted debate, the considerations by which the committee were governed in coming to this conclusion. In doing so, the only object I have, or can have, and the only object I suppose anyone has, is that the law on this question may be prbperly settled. It is purely a legal question submitted to us as judges. Iy only desire is that the Senate should not make an erroneous decision in so important a matter as in the representation of one of the States here, or the right of a member to his seat. The Constitution of the U.S. provides that “the Senate of the U.S shall consist of 2 Senators from each State, chosen by the Legislature thereof.” The question is, what is “the Legislature?” By some it is supposed that it is that body acting in the same capacity as it acts in the enactment of laws in the State. But a different construction has prevailed, and it has been settled by precedent from the foundation of the Government that the word “ Legislature” is used here in the Constitution as descriptive of the bod that is to make the election. It may make that election by a separate vote of each I House, the vote of the Houses concurring or the members of both Houses may assemble together and make the election. Telatter is the more general, practice throu bout the U.S. Very few, considers ly less than 1/2 the States at this time, I think, elect by the concurrent action of the 2 Houses.
Mr. Story, in his Commentaries and I trust I shall be excused for referring to some of the elementary books, which I should not refer to on the present oc casion were it not that in this discussion I find the plainest, most obvious, and, as I supposed, best settled principles of law disputed, and arguments based upbn assumptions of that character addressed to the consideration of the Senate.
Mr. FESSENDEN. et me ask the Senator what in the world the Governor has to do with the election of a Senfrom NewJersey.
Mr. FESSENDEN. Then the Houses can prescribe rules.
Mr. TRUMBULL. Then it is not alegislative act, and that is the precise point to which I am attempting to bring the Senfrom Maine. It is not a legislative act, because no legislative act can have effect in the State of NewJersey that is not submitted to the governor, and Story says it is uniformly settled that the Governor has nothing to do with the election of a Senator.
Mr. FESSENDEN. It is like the case of a concurrent resolution passed by us.
Mr. TRUMBULL. That is not a legislative act. If it was you would have to take it to the President for his approval. Will you show me by the authority of the Constitution of the U.S or the constitution of NewJer sey, that you have a right to do a legislative act that you are not bound to submit to the aproval of the President or of the Governor?
Mr. FESSENDEN. My answer is, that an thing the Legislature has a right to do they O as a legislative act.
Mr. TRUMBULL. Very well; then the Legislature has a right to elect a Senator, and thation legislative act. Now, I have the senator right where I want him, because he says anything the Legislature has a right to do is a legislative act. He admits that the Legislature in joint convention have a right to elect a Senator. Then the election of a Senator is a legislative act, and of course they can make the rule.
Mr. FESSENDEN. That is the Senators own argument.
Mr. RUMBULL. Thatis what the Senator sai.
Mr. TRUMBULL. I beg pardon, if I misunderstood the Senator. I understood him to say that whatever the Legislature could do was a evislative act.
Mr. TRUMBULL. He says whatever the Legislature can do is a legislative act, and he says the Legislature in joint convention can elect a Senator. He admits that. Then that is a legislative act, is it not?
Mr. FESSENDEN. Certainly it is if they have a right to do it.
Mr. TRUMBULL. Do you deny the right of a joint convention to elect a Senator?
Mr. FESSENDEN. I beg the Senator not to argue this matter as if it were a small case before a justice of the peace. Catching up words in that way amounts to nothing in the world. The point I made, and the oint other gentlemen made, is that while the legislature may elect by a convention, the convention must be duly appointed and authorized by the Legislature itself, acting as a Legislature, and as legislative bodies making up the convention. The convention can do nothing that they have not authority from the Legislature proper to do; and if they transe end than what they do 5 not an act that can be sustained. That is the point. They must have their authority by an act of the Legislature that is the legal action of the Legislature. The Senator will see the difference.
Mr. TRUMBULL. Now, it is the action of the Legisluture, not a legislative act.
Mr. FESSENDEN. I was not talking about a law.
Mr. TRUMBULL. The Senator says “un questionably.” It would not be because the law was repealed. It would be because the law was not valid.
Mr. SUMNER. Will the Senator allow me one minute?
Mr. SUMNER. He says that the common law rule of England did not require a majority for the election of officers. [l will ask him whether he is not a little mistaken?
Mr. TRUMBULL. Wait until I get through and you will find out, perhaps.
Mr. SUMNER. whether the rule was not applicable simply to the election of members of Parliament? I think if the Senator looks into the law he will find that there were 2 classes of cases: one is elections by cororations, or by a legislative body, corporate in its character, where the rule of the majority pre vailed; and the other popular elections, where the rule of the lurality revailed.
Mr. TltUM ULL. f the Senator could have restrained himself until he heard the authority which I was about to read, be perhaps would have ascertained what my view was. I suppose that the States of this country are not simply corporations in the sense the Senator uses the term; nor are they juries, as the Senfrom Wisconsin seemed to suppose; for he wanted to know if a verdict would be good ifgiven by a majority. It is well understood that the verdict of a jury must he unanimous. An election of a Senator would be good when he did not get everybodys vote, suppose. The idea of comparing the Legislatures of our States to ajury or to aboard of arbitrators seems to me to present cases by no means analogous.